American Lancaster gazette. [volume] (Lancaster, Ohio) 1855-1860, 1859-05-05

sheh eetiOltu tuut lhe sale VIII De so conun-
ned; provided, that nothing in this section
shall be so construed as 10 prevent said audit.
or from Offering, in his discretion, any tract Of
land two OF more times at the same sale.
Sec. iO2. u auy tract or parcel OF land shall
not sell at public sale for on amount sufficient
to pay The taxes and penalty which sttnd a.
galnsI such tract, the auditor shall return the
same as unsoid. to be retained upon the list Of
forfeited lands, to be offered for sale the next
succeeding sale as other forfeited lands: Pro.
yided, that II any such tract OF parcel Of land
may bAys } ,retotere hsen ur may hersaller be
onefed for sale teo edng sales 1s shoye pro-
yidHd HHd shall eu1 remain nnsoIdf thef county
ce'pmlssoners Of theeGnnw 10 which saeh traet OF
pa1efl oi lan1 er towaioi = sluaie gfayht their
fegular rsales ia heif opulous such tract 81 rafcei
otiagd isof less yalus AMOUNT of taxes and
fot the same, orae the q the eounfy 10 Of
fer Seh Tract Of Parceof land for sale at the next
regular sale efforIetea iass, anJt6 seliTthe ssme
10 the highest aud best bidder therefor, a not Iess
than said minimum price, irrespective OF the amt
ef taxes and penalty due upon II, aud such sale shall
divested Of all liability for any arreasages oftaxes or
penalties which may remain after applying the amt
for which IL was sold thereon.
| Sec. lO2. Whenever any tract parcel OF land
shall Ne hereafter sold, under the provisions OF this
act, al forfeited sale, any person desnng to do so,
may redeem the same At any time within SIX months
from the sate thereof, by depostng with the Iunty
treasurer, asis provided In section 1857 ninety third
of this act, the amount OF said sale together with
hf.y per een.um thereon and by paying al other ex
penses sincidental TO, and arising fpm, sald ale pro-
vided however, that if any OF Dad f0tieied lands
shall be sold for greater sum than the tax, Inter
est penalty and costs shall be the duty or the
ditor to charge such treasurer separately In each
case, In the name of tho supposed owner, with the
excess above said tax. Interest, penalty and COSTS
end such treasurer shall retain in the treasury OF his
founiy the said excess, for the proper OF said
orfeited lands, and upon demand by such former
owner, within six years, l6l from the day Of such
sale, pay such excess to said former owner and in
ease such treasurerupon such demand, shall not be
fully satisfied as 10 the right Of he person demand
lng me same 70 receive III IN case OF dlnerent
file his bill Of interpeader, III the Court Of Com
mon Pleas In. the county where such land was sold,
claiming such excess, and the State Of Ohio. de-
fendants and SC ch suits shall be proceeded in accoF
dance to the usnges Of Courts of Chancefy upon
bills Of inierpeader; and in all the costs of
such proceeding shall be paid by the person or per-
sons claiming said excess. as the court shall order
Of the county TO intend 70 the same, In the
treasury. = 5-..ss ~r2 3i- j etfV. .s7s 3 q
Sec. iO4 The county auditor. in each county, on
sale being made by him, ofa tract or land TO any
person OF persons, under this act, shall give to
such purchaser, purchasers, certificate Of such
sale and il the land sold be not an entire orig
said certdcate shall be tsese u The county SUI
reyor Of his county, requiring said surveyor 10 pro-
eeed at the request OF the purchaser orpurchasers,
tain the boundaries of such tract of land so pur-
chased, unless said tract shall be holden In common
with any other person or personsi in either case on
producing or returning TO the eouHty auditor the
certificate Of sale, where the said tract sold Is en-
tire original tract or whore the said tract Of land
sold Is holden in common with Any other person or
persons, producing the plat and Certificate OF
the county surveyor, attached TO copy Of the GER
tihcate Of sale, the county auditor shall, on the
purchaser purchasers, hisOr their heirs, assignee
or assignees, paying to him the sum OF dollar
md TWENTY-FIVE cents, execute and deliver 10 such
purchaser or purchasers. his or their heirs assignee
/ aaF.H tn Ill.
deed shall DO prima facia evidence Of the title in
the purchaser or urehasers provided, that If any
land shall be sold BY virtue Of this act the property
Of any minor, feine covert, Insane person, per-
sons In captivity the owner owner thereof shall
have the eight TO redeem the same In the manner
prescribed by law;rprovIded, also, that when any
visions of this act the having been regularly
paid previous 10 said SALE such sale Is hereby de-
clared vod and the purchaser purchasers, his or
their heirs, assignee or assgnees on producing tho
certificate of shle TO the auditor Of sate shall be
titled to have his or their money refunded from
the sthte treasury; and the auditor shall pay the
same out OF the money appropriated for refundng
taxestwice o improperly paid. ss ..s1. s ,
Sec lO5 Any person or persons claiming any
sales made by the provisions ofathis act as tenant
| In common with any other person OF persons, may
apply for partition Of the same in the manner
as now is or may be provided for tho partition Of
real estate; and on presenting the county auditors
Edeed the court, before whom application for parti
tion aforesaid is made, shall set OF Ia such per
son persons, the land claiuIed In said deed, as
hia ar br share In inc son1e nef as
nv law for the Of estnt or estates IN lands
tenements or heredtameDts fJOint tenants, tenants
| in common, ant coparconefs. t ,-.
Sec l06 That the purchaser OF any such lands, bis
heirs assigns shall from tho day yofpurchase be taken
in all the assignee Of tho State Of Oho; and
the amount oftaxes and penalties charged the said
land at the time 1t sold together with all legal
Afterwards paid thereon by such purchaser his heirs
or assigns shall operate rs lien on said lands and
may be enforced amy other lien. Ii all cases wherG
any claimant of any lands heretofore sold, OF which
hereafter be sold for tho ynsn Of taxes undd
any law Of tho State his heirs Of assigns shah
by action otherwise the land 80 sold as aforesaid fol
taxes such claimant his heirs or assigns, shall be liza
bic to refund TO the purchaser his heirs or assigns thu
amount Of taxes and penalties due to the state on thu
land whom sold, together with all other taxes pait
thereon by such purchasers his heirs or assigns mp
tho time OF recoyer with interest to be recovered By
action, or counter claim orotherwise as the MAJ
require and the snme shall be required to be pd Il
the porDn persons entitled therote before sca per
or persons shall be eyicted or turned out Of posses
sion by any claimant recovering, by action, the land
sold for taxes
Sec lO7 II shall 10 the duty OF tho Auditor OF Stat
TO open and keepup the records required by this act
and to send out for sails in alternate years. the land
and town lots hereafter forfeited to the State and to
governed IN n thies N the future disposition Of acl
lands ard lots, by tire provisions of this act Upon
redemption ofapy so lands or lots tho sale hereo
under tho provisions OF this act the County Audto
shall transfer tho same on s duplicate from the Stat
Of OHIO 20 ne proper owner or parea:et thereof 70
Sec. l0S The Copnty Audftors OF each county sell
Ing any torteted land Under the provisions Of this
shall within ten days after such sale, make rotut
thereof to tllcAudItof ofstAte. N raS
Sec 100. That tho County auditors sim N annorti,
to their several funds and pas over to County Tros
II rom ,%S S ssa Is ma ,nn ot o.
the state for the nou-paymentof Of taxes after M Inc,
ing the expenses OF adfertislDg, distributing said
mount to the several funds for which said taxss wa,
originaIly iey,eJ and the Conty 'rraasnrs AZ
then, accornpiv and shall reesive two mr. ANN 4
Mi moneys BY him received as provided In this sectoI