Meigs County telegraph. [volume] (Pomeroy [Ohio]) 1848-1859, 1859-05-17

sell at such public sale for an amount sufficient to
tract, the auditor shall return the same nv unsod 10
be retained upon the list Of forfeited lands, TO be
offered for sale the next succeeding sale Ms other
forfeited lands; Provided, that II any such tract or
parcel Of land may hnye heretofore n 9een or may
above provided, aud shall still remain unsold, the
county commissioners of the county in which such
traet parcel land town lot Is situate, may ut
their regular annual session in Juno preceding the
next regulur sale, II in their opinions such tract
parcel Of land is less value than the amount Of
taxes aud penalty due upon IL, having hNed mini
county to offer such tract or parcel OF land for sale
at the next regular sule OF forfeited lands, and to
for, at less than said minimum price, irrespective
OF the amount OF taxes and penalty due upon IL, anu
parcel of land divested of all liability for any ar
rearsges Of taxes or penalty which may remain after
see lO3 Whenever any tract or parcel Of land and
act, at forfeited sals, any person desiring to do sos
may redeem the same, at any tme within SIX months
treasurer as is provided in section ninety third Of
this act, the amount Of said sale, together with hty
SOS incidental to- and arising from said sale; Provi-
ded, however, that any OF said forfeited lands shall
atty and costs II shall be the duty of the auditor to
charge said treasurer separately In each case IN the
name Of the supposed owner, with the excess abOVe
said tax, interest, penalty and costs; and such treas
urer shall retain IN the treasury OF his county the
sand excess, for the proper owner oil saiu forfeited
lands, and upon demand by such former owner,wlthH
ces: to SAID III former owner; and in case SAIL trcasuror
upon such demand, shall not be fulIy satisfied as To
tue right of the person demanding the same to re-
ceive IL, in of difer0Ut clulants IL shall be
the duty of said treasurer To file his bill of nterplea-
der, in the court of common pleas of the county
where such land sold, wherein no shall make
the person or persons claiming such eXcoss AID the
State of ohio, defendants, and such suits shall be
proceeded in according to the usages of courts of
chauncery upon bills Df nerpleador; and, n all ca
scs the costs of such proceeding shall be paid by the
person persons claiming said excess, the court
shall orders it shall the duty of the prosecu
ting attorney of the county to attend to the Same, in
behalf of the trcasury.
Sec. 1O4. The county auditor in each
county, on a sale being made by him, of
tract of land to any person or persons, un-
der this act, shall give to such purchaser
or purchasers, a certificate Of such sale;
and il The land SO sold be not an entire
original tract, and the county shall deem 1T
necessary, said certificate shall be directed
to the county surveyor OF his county, re-
curing said surveyor to proceed at the re-
quest. Of the purchaser or purchasers, his
or their heirs, assignee or assignees, TO as
certain the boundaries of such tract, t,ofland
50 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 certlt-
cate Of sale, where the said tract sold is an
entire original tract, or where the said tract
of land 50 sold is holden in common with
any other person or persons, or on produ-
cing The plat and certificate of the county
surveyor, attached to copy OF the certifi-
cate 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, deed therefor, in due form,
which deed shall be prima lacia evidence
of title in the purchaser or purchasers; pro-
vided, that if any land shall be sold by vir-
tue OF this act, the property of any minor,
teme covert, insane person, or persons In
captivity, 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 virtue Of the provisions of this act,
the taxes having been regularly paid pre-
vlouS TO said sale, such sale is hereby de-
clared void; and the purchaser or purcha-
sers, his or their heirs, assignee or assign
ees, on producing the Certificate of sale tc
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
out OF money appropriated for retunding
taxes twice or improperly paid.
Sec. lO5. Any person or persons claim
ing any land, inloL, outlot, or pant of a lot,
by virLue Of any sales made by the pro-
visions of this act, as tenant in common
with any other person or persons, may
apply for partition of the same, in the
same manner as now is or may be provided
e. tha IF
senting the county AUDITORS deed, the
court, before whom application for parti-
! ton 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,
Lenements or heriditaments of joint ten
ants, tenants in common, and coparceners.
Sec. lU6. 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 ii
was sold, together with all legal taxes
afterwards paid thereon by such purcha
Sci, his heirs or assigns shall operate as a
lien on said lands, and may be enforced as
any other lien. In all cases where any
claimant of any lands heretofore sold, or
which may hereafter be sold for the non
payment of taxes, under any law of the
state, his heirs or assigns, shall recover 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 theron by such pur
chaser, his heirs or assig up to the time
of recovery, with interest; 10 be recovered
by action, or counter claim, or otherwise,
as the case may require; and the same
shall be required to be paid TO the person
or persons entitled thereto, before such
person or persons shall be evicted or
turned out Of possession by any claimant