M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1859-05-12

day shall be naUed in said notice, that then,
and in that case, each tact so as aforesaid
delinquent, on which the taxes, aud penalties
may remain unpaid. will. on the second Mon!
day of December thereafter, be exposed for
sale at the court house, or usual place of
holding courts in such county, in order to
satisfy such taxes, aud penalties; and the au-
ditor in each county shall, on the said sec
end Monday OF December, attend at the court
house, or usual place OF holding courts in said
county, and proceed TO sell tile whole OF eacl
tract OF land as contained IN said list at pnb.
1 lie auction, TO the highest bidder; in selling
whereof, be shall offer each tract separately
beginning with the act first contained in said
list, and so continue on through said list, un-
Ill each tr act contained therein snail be sold.
The county auditor is hereby authorized to
adjourn the sale therein specified, from Gay
TO day, until he shall have disposed Of, or Of
iered for sale, each and every tract Of land
specified in the notice; and the notice Of sale
required by said act to be given shall set
forth that the sale will be so continued: pro-
vided, that nothing inthis srclion shall be so
cons trued az 10 prevent said auditor from
offering, in his discretion, any tract Of land
two or more times at the game sale.
Sec. l02. II any tract or parcel Of land
shall not sell atsuch public sale for an amount
sufficient to pay the taxes and penalty which
stand against such tract, the auditor shall
return the same as unsold, to be retained up
on the list Of forfeited lands, to be offered for
sale the next succeeding sale as other forfeit.
ed lands: provided, that il any such tract OF
parcel Of land may have heretofore been or
may hereafter be offered for sale two succeed.
ipg sales, as above provided, anil shall still
remain msold, the county commissioners Of
the county in which such tract or parcel of
land or town lot iS situate, may at their reg
ular annual session in June preceding the
next regular sale, if in their opinions such
tract or parcel of land is OF less value than
the aBount Of taxes and penalty due upon it,
having fixed a minimum price for the slme,
order the auditor of the county to offer suclt
tract or parcel of land for sale at tile next
regular sale of forfeited lands, aud to sell the
same to the highest and best bidder therefor,
at not less than said minimum price, irrei
spectiye of the amount of taxes and penalty
due upon it, and such sale shall ronvey tho
title to the said tract or parcel of land divest:
ed of all liability for any arrearages OF taxes
or penalty which may remain after applying
the amount for which it was sold thereon.
Sec. l03. Whenever any tract or parcel Of
land shall be hereafter sold, under the provis-
ions OF this act, at forfeited sale. any person
desiring to do so, may redeem the salhe, at
any time within six months from the sale
thereof, by depositing with the county treas.
urer, as is provided in section (93) ninety.
third Of this act, the amount Of sa i'll sale, to-
gether with fifty per centum thereon, and
by paying all other expenses incidental TO-:
and arising from said sale: Provided, howev.
er, that ifsnY Of said forfeited lands shall be-
sold Tor greater SUN :han the tax, Interest,
penalty and costs, it 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 sail
tax, interest penalty AMI 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 (6) years,
from the day of such sale, pay such excess to
said former owner; and in case said treasurer
upon such demand, shallnot be fully satisfied
as to the right of the person demanding the
same to receive it, or in case OF different claim
ants, it shall be the duty of said treasurer to
file his bill oi interpeader, 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 10 the usages of courts
of chancery upon bills Of interpieader; aud,
in all cases, the costs Of such proceeding
shall be paid by the person or persons claim.
ing said excess, as the court shall order; and
it shall be the duty Of the prosecuting attor-
ney Of the county to attend to the same, in
behalf Of the treasury.
Sec. lOl. The county auditor in each
county, on sale being made by him, Of
tract OF land to any person or persons, under
this act, shall give to such purchaser or pur-
chasers, a certificate OF such sale, and if the
land SO sold be not an entire original tract,
and the county shall deem it necessary, said
certificate shall be directed 20 the county
surveyor OF his county requiring said sur.
yeyor ~ proceed at the request OF the pur-
chaser or purchasers. bis or their heirs, as.
signee or assignees, to ascertain the bounda.
ries of such trec I of land so purchased, un.
less said tract shall be holden in common
t'a M uTaJ UthrT prTSOii VI pei SOno. IN eltnPr
case ON producing or returning to The county
auditor the certifcatsof sale, where the said
tract sold is an entire original tract, or where
the said tract OF land so sold is holden in COM
mon with any OF her person or persons, or on
producing the plat aud certificate Of the coun-
ty surveyor, attached to copy ofthe cerlif-
cate of sale, the county auditor shall, on the
purchaser or purchasers, his or their heirs,
assignee or assgnees. 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 assigGees, a
deed therefor, in due form, which deed shall
be prima faca evidence Of title in the pur-
chaser or purchasers; provided, that il any
land shall be sold BY virtue Of this act, the
property of any minor, femme covert, insane
person, or persons in captivity, the owner or
owners thereof shall have tight to redeem
the same in the manner prescribed by law:
provided also, lhJt when any tract Of land
q lot shall be sold BY virtue Of The proVis-
ions ofthis act, the taxes having been regu.
atly paid previous to sail Sale, such sale Is
hereby declared void; and the purchaser or
bis or their heirs, assignee or as
signees, OIL, producing the certificate Of sale
to the audsior Of state. shall be entitled to
lave his or their money refunded from the
,tate treasury; and the auditor shall pay the
ane out of the money apptopr ated Tor re.