The Cadiz Democratic sentinel. [volume] (Cadiz, Ohio) 1854-1864, 1859-05-11

ding the same 10 receive it, or in case Of d Fer
cut claimants, il shall be tue duty OF said treas
urer 10 flo his bill Of int, rplcNdcr in the court
Of cnminun pleas Of the county where such
land wss SOLD, wherein he Shali make the per
hon or pcrS0ns claiIiiRg such oXeesS, and tie
State of Ohio descendants, anl such suits Shalt
lie proceeded in according to usages OF courts Of
chancory upon bills eC interpreter; and, in al
cn~ss. tte COSTS of such proceeding shall be
pAil rs be person orperSuut claiming said ex-
cess rs the court shall order; and il shall he
the duty Of ths prescribing atiuiney Of TIE
county to attend O. tMy sam>, IN behalf o. tie
treasury
Sec. lO4. The county al Iitor in each rounty,
on a sale being made by him 81 a tract OF !and
to any person or persons, under This act, shill
gi~s ~ sioK purchaser on purchasers, a c%ertitii
cirs Of such Salet; and if the land 50 sold I've not
an eptife ~arfgieal tract, aAd the county shall
deem itrnece Ssary, saul certfd5ite shall I've al
lc.Jcd to the county SaiT vur OF his coulfCy,
rauuiring said surveyor To proceed al the re-
uuest of the purchaser or purchasers, his or their
heirs. or essigRees, to ascertain the boundaries
of such Sfatt-o Of land so purchased, unless said
tract shall be holden in common with any o h.
er perSS7 or persons: in either case on produ-
CHG or returning to the county auditor the GER
tiicste Of sale where the said tract sold is an
ertire original tract, or where the SAID tract Of
of land 50 sold is holden IN common with any
other person or persons, or on producing the
plat and certificate Of the county Surveyor, at
tached to a copy Of the certificate Of sale, the
county auditor shall, OF tile purchaser or
purchasers, his or their heirs or assigns oras-
sisnees, paying to HIM the sum Of one dollar
and twenty five cents, execute and deliver TO
such purchaser or purchasers, his or their heirs
.4E.a.a. - 80, ~. n InnI flppnEnr in dina
form, which deed shall be prima tacia evidence
of"titie in the purchaser or purchasers; prbvi,
del. that If aud land Shall be sold by virtue Of
this act, the property ofany minor, teme covert
insane person, or persons in captivity, the own
er or owners thereof, shall have a right to re-
deem the same in the manner prescribed by
law; provided, also, that when any .ract 0 fland
or lot shall be sold by virtue of the provisions
ofthis 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 a~ssigneeS, on pro-
ducing the certificate of sale to the auditor O.
state, Shall lie entitled TO have his or their mon
cy refunded from the state treasury, and the au
ditcr Shall pay The same out Of money appro.
priatsd for refuLding taxes twice or improperly
paid.
Sec. 105. Any person or persons claiming
any land, inlot outlot, or part ola lot, by virtue
of any sales made By the provisions of this act
as tenant in common with any other person OIL
persons, may apply for partition Of the same,
in the same manner as now is or may be provi.
ded for the partition Of real estate; and on pre-.
senting the county auditors deed, the court, be-
fore whom application for partition as aforesaid
ia made shall set off to such person or persons
the, land claimed i'll said deed, as his or theii
share, IN the same manner as prescribed by law
for the partition of estate or estates, in lands
tenement4 or hereditaments or Joint tenants il
coAA,mon or coparceners.
Sec. V16. That the purchaser OF any Sucl
lanis, her heirs and assigns, Shall, from the day
az such purchase, be taken in all courts as the
assignee of the State Of Ohio; and the amount
sftsyes and penalties, charged on the said land
at the time it was sold, together with all lega'
taxes afterwards paid thereon by such purcha-
chaser, his heirs or assigns, shall operate as a
hen on said lands, and may be enforced as an,
other lien. In all cases where any claimant 0
any lands heretofore sold, or which may here
after be sold for the non payment of taxes, un.
der any law OF the state, his heirs or assign,
shall recover by action or otherwise the land Sc
sold as aforesaid for taxes, such claimant, hi:
heirs or assigns, shall be liable to refund to thu
purchaser, his heirs or assigns the amount 0
tax IS and penalties due the state on the lapC
when sold, together with all other taxes paic
thereon by such purchaser, his heirs or assigns
ap to the time Of recovery, with interest; to b.
recovered by action or counter claim, or other
wise as the case may require; and the SAM
shall be required to be paid to the person o
persons entitled thereto, before such person Or
persons shall be evicted OF tn ned out opposes
sion BIZ any claimant recovering by action, thu
land 81 sold for taxes.
Sec 10Y, 1t Shall be, the duty of the audito
OF state to open and keep up the records requi.
red by this act, and to send out for sale, in al
ternate years, the lands and town lots hereafte
forfeited to the state, and to be governed in al
things in the future distribution of such land
and lots, by the provisions Of this act. UpoI
the redemption of any Snch lands or lots, or tn
sale thereof under the provisions Of this ac
the county auditor shall transfer the same o
his duplicate from the state olOhio to the prop
err owner or purchaser thereof; for which trans
fer he shall be entitled to receive lees.
Sec. 108. The county auditor of each coun
ty, selling any forfeited land under the provis
ions Of this act shall, within ten days after sue
sale, make return thereof to the auditor
state.
Sec. 100, That the county auditors shall az
portion to their several funds, and pay over
the county try asurer of the proper county, I'll
amount Of moneys received from the sale
lands and town lots forfeited to the state for tt
non-payment Of taxes, after deducting the e.
pcnse Of advertising, distributing said amour
to the several funds fer which said taxes wei
originally levied, and the county treasurer sha
apply them accordingly, and Shall receive tw
per centum on all monies by him received
provided in this section, and no more.