Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1859-06-09

lots and carts Of lots, now forfeited to the state
for the noh-payment Of taxes, and which have
not since been purchased by the owner or own,
ers, any other person or persons, to be entered
in book, to be provided for that purpose. which |
entry shall set forth the name, by township and
county, as in the case of other lands.
Sec 100 The auditor of state, shall, annual
w. enter in the book provided tor that purpose.
all the lands which shall hereafter become Tor
feited TO the state of0hio, for the non payment
of taxes. and, once 10 two years. SHAH make ont
q list of such forfeited lands, and forward the
same to the several county auditors, who shall
proceed to sell the. same, agreeably to the pro-
visisns of this ,esefand all lands offered for sale
under the provisions of this act, and not sold for
want of bidders shah be again advertised and
offered for sale, by the county auditor, at the
next subsequent sales by him made, under this
act, until such lands shall be seld.
Sec. I0l. That the auditor OF each county, on
receiving from the auditor of state, the list Of
lands within his county, as aforesaid, in case the
tax, I'D penalties dae thereon shall not have
been paid on or before the fifteenth day of Octo-
Der next ensuing, shall forthwith, thereafter,
cause notice thereof to be advertised four weeks
successfully, describing the lands in the same
manner they are described on the list furnished
by the auditor of state, in q newspaper printed
in his county, if any such there be, and If not,
in some ne Sspaper in circulation therein, to all
concerned, that if the tax, and penalties charged
on said list be not paid into the county elsury,
and the treasurer's receipt produced therefor,
before the time specified by this act for the sale
of said lands, (which day shall be named in said
notce,) that then, and in that case, each tract,so
as aforesaid delinquent, on which the taxes land
penalties may remain unpaid, will, on the Sec
ond Monday of December thereafter, be exposed
for sale at the court house, or usual place of hold
ing courts in such county, in order to satisfy
such taxes and penalties;and the auditor in each
county shall, ,on the said ID Monday OF December,
attend at the court house, usu al place of hold
ing courts in said county, and proceed to sell
the whole of each tyact Of land as contained in
said list, at public auction, to the highest bidder;
in selling whereof, he shall offer each tract sep
arately, beginning 6ith the first tract contained
in said list, ana SO continue on through said list,
until each tract contained therein shall be sold.
The county auditor is hereby authorized to ad
journ the sale therein specified, from day to day,
until he shall have disposed of, or offered for
sale, each and every tract of land specified in
the notice; and the notice Of sale required by said
act be given shall sot forth that the sale will
be SO continued; provided, that nothing in this
section shall be so construed rs to prevent said
auditor from Offering, in his discretion, any tract
of land two or more times at the same sale.
Sec. 102. 1fany tract or parcel of land shall
not sell ut such public sale Tor an amount suei-
cient to pay the taxes and penalty which stand
against such tract, the auIitor shall return the
same ms unsold, to be retained upon the list of
forfeited lands, to be offered for sale the next
succeeding sale as other forfeited lands; Provi-
ded, that if any such tract parcel of land may
have heretofore been or may hereafter be offer
cd for sale two succeeding sales, as above provi-
ded, and shall still remain unsold, the county
commissioners of the county in which such tract
or parcel of land or town lot is situate, may at
their regular annual session in Jnne preceding
the next regular SALE, if in their opinions such
tract or parcel of lsS& l. of less value than the
amount of taxes and penalty due upon it, having
fixed minimum, price for the same, order the
suditor OF the county to offer such tract or par
eel of land for sale at the next regular sale OF
forfeited lands, and to sell the same to the high
est and best bidder therefor, OF not less than said
minimu M price,, irrespective of the amount Of
taxes and penalty due upon it, and such sale
shall convey the title to said tract or parcel OF
land divested Of all liability for any arrearages o
taxes OF penalty which may remain after apply
| ing the amount Tor which 1t was sold thereon.
sec. lu3. Whenever any tract or parcel of land
shall be hereafter sold, under the provisions OF
this act, at forfeited sale, any person desiring to
do SO, may redeem the same, At any time within
81 months from the lie thereof by deposIt ting
with the county treasurer, as is provided in sec
ton 93 ninety third, of this act, the amount OF
said sale, togelher with fifty per centum there
on, and by paying all other expenses incidental
To, and arising from said sale; Provided, howev-
er, that if any of said forfeited lands shall be sold
Tor greater sum than the tax, interest, penalty
and costs, 1t shall be tie duty of the auditor tO
charge said treasurer separately in each case, in
the name Of The supposed owner, with tho ex-
cess above said tax, interest, penalty and costs;
and such treasurer shall retain in the treasury
OF his county the said excess, for the proper
owner OF said forfeited lands, and upon demand
by such former owner, within SIX years, (6) from
the day Of such sale, pay such to said for
mer cwner; and in caee said treasurer upon such
demand, shall not be fully satisfied as to the
right of the person demanding the same to re-
ceive it, or in case of different claimants, it shall
be the duty OF said treasurer to file his bill oil
interpleader, in the court OF common 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 according to the
usnges OF courts Of chancery upon bills OF inter.
pleader; and, in all cases, the costs of such pro
ceeding shall be paid by the person or persons
claiming said excess, as the court shall ORDER
and it all be the duty of the prosecuting at
torney of the county to attend to the same, in
behalf of the treasury.
See. I04. The county auditor in each county,
on sale being made by him, of a tract of land
to any person or persons, under this act, shall
Slye To SUCH purchaser; OF purchasers, a certi6
cate oi such sale; and il the land so sold be no,
eut,re original tract, and the county shall
deem 1t necessary, said certificate shall be direc.
| ted to the county surveyor of his county, requi-
ring said surveyor to proceed at the request OF
the purchaser or purchasers, his or their heirs
assignee or assignees, to ascertain the bounda-
ries Of such tract OF land SO purchased, unless
said tract shall be holden in common with any
other person Ut persons, in either case on produ-
cling or returning to the county auditor the GER
| tihcate OF sale, where the said tract sold is an
entire original tract, or where the said tract Of
LAM sold is holden in common with any 9TH
er person or persons, or on producing the pla.
| and certificate Of the county surveyor, attached
| to a 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 sum Of ore dollar and twenty fl We
| cents, execute and deliver to such purchaser OF
purchasers, his or their heirs, assignee assign.
ees, 4 decd therefor, in due form, which deed
shall be prima facia evidence of title in the pur
chaser or purchasers; provided that if any land
shall be sold by virtue of this act, the property
| of any minor, feme covert, insane person, Oh
persons in captivity, the owner owners there.
| of 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 vr
tue of the provisi. rs oTthis act, the taxes ha
wing been regularly paid previous to said sale
such sale is hereby declared void; and the pur
chaseror purchasers, his or their heirs, assigned
assignees producing the certificate OF sale tt
/ the auditor Of state, shall be entitled to have
his or their money refunded from the state
treasury: and the auditor shall pay the same ou
OF money appropriated for relunding taxes twice
or improperly paid.
Sec. los. Amy person or persons claiming any
land, inlot, Outlot, or part of lot by virtue Of
any sales made by the provisions Of this act, q.
| tenant in common with any other person oil
persons, may apply for partition of the same, in
| the same .anner now is or may be provided
for the partition OF real estate, and on presenting
the county auditors deed, the court before whom
| application for partition as aforesaid is made