The weekly Portage sentinel. [volume] (Ravenna, Ohio) 1854-1861, 1859-05-12

Ibueu % 10 tDe IiSut VI thot PeisOh w
manding the same TO receive II, or In
case OF different claimants, It shall be
the duty of the said treasurer to file
his bill Of interpleader, In the court OF com.
mon pleas OF the county where such land
was sold, wherein he shall make the person
or persons claiming such excess, and the
State of Ohio, defendants, and such suits
shall be proceeded in accordance to the usa-
ges Of courts Of chancery upon bills OF in.
terplesder; and, in oil cases, the costs of
6uch proceeding shall be paid by the person
orpersons claiming said excess, as the court
shallorder and il shall be the duty OF the
prosecuting attorney OF the county to attend
70 the same, in behalf Of the treasury.
Sec. l0d. The county auditor In each
gseunty, on q sale being mudO by him, Of
tract Of land to any person or persons, under
this act, shall give to tuch purchaser or
purchasers, certificate of such sale and
II the land 90 sold be not an entire original
tract, and the county shall deem 1t necessary,
eaid certificate shall be directed to the eoun.
ty surveyor of his county, requiring said
surveyor to proceed at the request of the
purchaser or purchasers, his or their heirs,
assignee or nssignees, to ascertain the boun.
daries of such tract of land so purchased,
unless said tract shall be holden in common
with any other person or persons; In either
case on producing or returning to the county
auditor the certificate of sale, where the said
tract sold is an entire original tract, or where
the said tract of land 30 sold is holden in
common with any other person or persons,
or on producing the plat and certificate OF the
county surveyor, attached to copy of the
certificate OF sale, the county auditor shall,
on the purchaser or purchasers, his or their
heirs, assignee or assignees, paying to him
the sum of one dollar and twenty-five cents,
execute and deliver to such purchaser or
purchasers, his or their heirs, assignee or
assignees, a deed therefor, in due form,
which deed shall be prima .facia evidence Of
title in the purchaser or purchasers provi-
ded, that if any land shall be sold by virtue
Of this act, the property Of any minor, feme
covert, insane person, or persons in captiVi-
ty, the owner or owners thereof shall have
right to redeem the same in the manner
prescribed by law: provided, also, that when
any tract of land or lot shall be sold by vir-
tue of the provisions Of this act, the taxes
having been regularly paid previous to said
sale, such sale is hereby declared void; and
the purchaser or purchasers, his or their
heirs, assignee or assignees, on producing
the certificate OF sale to the auditor of state,
shnil be entitled to have his or their money
refunded from the state treasury; and the
auditor shall pay the same out OF the money
appropriated for refunding taxes twice or
improperly paid.
Sec. l05. Any person or persons claim.
ing any land, inlot, outlot, or part OF lot,
BY virtue of any sales made by the provisions
of this act, as tenant in common with any
other person or persons, may apply for par
titon of the same, in the same manner as
now is or may be provided for the partition
ofreal estate ; and on prese Hting the county
auditors deed, the court, before whom appli.
cation for partition as aforesaid is made,
shall set off to such person or persons, the
land claimed in said deed, as his or their
share, in the same manner as prescribed by
law for the partition Of estate or estates, in
lands, tenemepts or hereditaments of Joint
tenants, tenants in common, and coparcen
ors.
Sec. lO6. That the purchaser OF any such
lands, his heirs or assigns, shall, from the
day of such purchase, be taken in all courts
as the assignee of the state of Ohio and the
amount of taxes, and penalties, charged on
the said land at the time il was sold, togeth.
er with oil legal taxes afterwards paid there
on by such purchaser, his heirs or assigns,
shall operate as a lien on said lands, and
may be enforced as any other lien. In al
cases where any claimant Of any lands here.
tofore sold, or which may hereafter be sold
for the non.payment Of taxes, under any law
of the state, his heirs or assigns, shall recov.
er by action or otherwise the land so sold as
aforesaid for taxes, such claimant, his heirs
or assigns, shall be liable to refund to the !
purchaser, his heirs or assigns, the amount
of taxes, and penalties due to the state on
the land when sold, together with all other
taxes paid thereon by such purchaser, his
heirs or assigns, up to the time of recovery,
with interest TO be recovered by action, or
counter claim or otherwise, as the case may
require and the same shall be required to
be paid 10 the person or persons entitled
thereto, before such person or persons shall
be evicted or turned out Of possession by any
claimant recovering, by acton, the land so
sold for taxes.
Sec. l07. 1t shall be the duty Of the au.
ditor Of state to open and keep up the re
cords required by this act, and to send out
for sale, in alternate years, the lands and
town lots hereafter forfeited to the state, and
to be governed in all things in the future
disposition of such lands and lots, by the
provisions of this act. Upon the redemption
of any such lands or lots, or the sale thereof
under the provisions of this act, the county
auditor shall transfer the same on his dupi.
cate from the state of Ohio, 10 the proper
owner or purchaser thereof for which trans.
fer he shall not be entitled to receive fees.
Sec. l08. The county auditors of each
county, selling any forfeited land under the
provisions of this act shall, within ten days
after such sale, make return thereof to the
Siiai.cr CT state.
Sec. 100. That the county auditors shall
spportiou 10 their several funds, and pay
over to the county treasurer of the proper
county, the amount of moneys received from
the sale of lands and town lots forfeited to
the state for the non payment of taxes, after
deducting the expenses Of advertising, dis
tributing said amount to the several funds
for which said taxes were originally levied,
and the county treasurer shall apply them
accordingly, and shall receive two per CEN
tum on all moneys by him received, as pro
vided in this section, and no more.
Sec. ITO. The act pa sed April l2, 1852,
entitled can act for the assessment and taxa.
ton of all property in the state according to
its true value in money ;" the act to author.
jze county auditors to place taxable lands
upon tax duplicate in numerical order, pass.
ed May s, 1859 the act to amend the third
1ao ~ on oDtitlod Uon oot e., IL