The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-08-03

state of Ohio, defendants, and such
suits shall be proceeded in according to
the usages of courts of chancery upon
bills of interpleader; and, in all cases,
the costs of such proceeding shall be
paid by the person or persons claiming
said excess, as the court shall order; and
it shall be the duty of the prosecuting
attorney of the county to attend to the
same, in behalf of the treasury.
Sec. 1O4. The county auditor in
each county, on a sale being made by
him, of tract of land to any person
or persons, under this act, shall give to
such purchaser or purchasers, certifi-
cate 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 to the coun-
ty surveyor of his county, requiring
said surveyor to proceed at the request
of the purchaser or purchasers, his or
their heirs, assignee or assignees, to
ascertain the boundaries of such tract
of land so purchased, unless said tract
shall be holden in common with any
other person or persons; in either case
on producing or returning to the coun-
ty auditor the certificate of sale, where
the said tract sold is an entire original
tract, or where the said tract of land so
sold is holden in common with any 9TH
er person or persons, or on producing
the plat and certificate of the county
surveyor, attached to copy of the GER
tifcate Of sale, the county auditor shall:
on the purchaser or purchasers, his or
their heirs, assignee or assignees, pay
ing 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 facie evidence of title in the
purchaser or purchasers; provided, that
if any land shall be sold by virtue of
this act, the property of any minor,
feme covert, insane person or persons
in captivity, the owner or owners there
of shall have a right to redeem the
same in the manner prescribed by law :
provided, also, that when any tract or
lot of land shall be sold by virtue of
the provisions of this 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, or assignees, on pro-
ducing the certificate Of sale to the audi
tor 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 appropria-
ted for refunding taxes twice or i'm
properly paid.
Sec. 105. Any person or persons
claiming any land, inlot, outlot, or part
of lot, by virtue of any sales made
by the provisions 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 for the partition Of
real estate; and on presenting the coun-
ty auditors deed, the court, before
whom application for partition as afore-
said is made, shall set off to such per-
son 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,
tenements or hereditamcnts of joint
tenants, tenants in common, and CO.
parceners.
Sec. 106. 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 it was sold, to-
gether with all legal taxes afterwards
paid thereon by such purchaser, his
heirs or assigns, shall operate as lier
on said lands, and may be enforced az
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 lane
so sold as aforesaid for taxes, sucl
claimant, his heirs or assigns, shall b.
liable to refund to the purchaser, hi
heirs or assigns, the amount of taxes
and penalties due to the state on thu
land when sod, together with all othe1
taxes paid thereon by such purchaser
his heirs or assigns, up to the time o
recovery, with interest; to be recovered
by action, or counter claim, or other
wise, as the case may require; and tn
same shall be required to be paid to tn
person or persons entitled thereto, be
fore such person or persons shall b
evicted or turned out of possession b,
any claimant recovering, by action, tn
land 80 sold for taxes.
Sec. LOT. 1t shall be the duty 0
the auditor of state to open and kee]
up the records required by this aci
and to send out for sale, in alter
nate years, the lands and town lot
hereafter forfeited to the state, and t
be governed in all things in the futur
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