The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1862-03-21

| newspaper printed in an adjoining county,
| and if no newspaper be printed in an adj
| joining county, then in some newspaper
printed and published at the seat of gov.
ernment in this State; such sale shall be
publicly made at the Office of the county
auditor by the county treasurer, the auditor
to act as clerk and to keep record thereof.
Sec. 8. That the premises SO to be sold
shall be- offered for sale each tract and parcel
separately and in the order appearing in
said notice and sold to the highest bidder
therefor in money, or in orders correspond
ing with the various funds making up the
taxes charged on such premises, for an
amount not less than the amount for which
by the provisions of this act such lands
might have been redeemed, the surplus
money, if any, realized upon any such sale
to be paid over to the party owning such
parcel at the time of such forfeiture thereof
to the State. In case any tract, lot or par
Gel shall remain unsold for want of bidders
or otherwise, the same may be reoffered and
sold as hereinbefore provided, and such sale
may be adjourned from time to time with
out further notice uutil all such for feited
lands shall be sold. Provided, however,
that no sale shall be made to the county or
otherwise than for money or United States
treasury notes, or in orders corresponding
with the various funds making up the taxes
charged on such premises. In case the
County commissioners shall deem it to the
public interest to have any tract or parcel
sold for less than the amount provided for
in section three of this act, they may so
direct and thereupon such tract may be sold
to the highest bidder without restriction as
to price. And they shall have full power
in any case when in their judgment the
amount of taxes assessed upon any tract or
parcel of property is manifestly greater than
ought to have been assessed thereon, or to
make such abatement therefrom as may in
their judgment be best, such abatement to
be made, if any, on or before the first day
of November next.
Sec. A. That certificates of sale shall be
made by the county auditor containing a
pertinent description of the tract or parcel
so sold the amount for which it sold, and
the name of the purchaser thereof, to be de-
livered to the purchaser upon receiving in
addition to the amount of the sale fee of
twenty. five cents for each certificate; in case
where more than one tract is purchased by
the same person such certificate to contain
all such tracts without extra charge there
for. Where the property upon which an
abatement is sought to be made, is situated
within any incorporated city, the county
commissioners and members of the city
council of said city shall constitute board
to determine the same and a majority of the
whole number of members of said board
shall be necessary in order to authorize such
abatement.
Sec. 5. 1t shall be the duty of the coun-
ty auditor making such sale or his success
sor in Office, upon the production and return
of the certificates of sale, to make, execute
and deliver to the purchaser in such certifi-
cate named or his assignee, a deed in fee
simple for the premises SO sold, embracing
therein such description of the premises sold
in addition to that in the certificate as may
be necessary to describe or fully identity
the premises so sold, and reciting in such
deed such sale and the fact that such pro.
perty is unredeemed; such deed shall vest
in the grantee therein an absolute title both
at law and equity, except in cases where the
tax returned delinquent shall have been act
ua]ly paid.
Sec. 6. That any person owning or
claiming any right, title or interest in or to
any land or premises so to be sold under the
provisions of this act, shall on or before the
day of the sale thereof, commence an action
for the purpose of testing the validity of the
assessment of the taxes thereon, or in any
manner questioning the regularity or valid
ity thereof, or otherwise asserting his right,
interest or claim thereto, or be forever bar
red in the premises, except in cases where
the tax returned delinquent shall have been
actually paid, and the treasurer of the pro-
per county may be made defendant in any
such action and shall have full power to de-
fend the same.
Sec. I. Any person or persons having or
claiming any right, title or interest in or to
apv land or nroniSpS after ga Ia nn6nr bo
provisions of this act adverse to the title Or
claim of the purchaser at any such tax sale,
his heirs or assigns, shall, within one year
from the time of the recording of the tax
deed for such premises, commence an action
for the purpose of testing the validity of
such sale, or be forever barred in the prem
ises.
Sec 8. That in case the title of any such
purchaser at such sale shall be adjudged in
valid, such purchaser shall have and retain
the lien of the State upon the premises so
charged with the taxes named in the first
section of this act, to the amount of his pur-
chase money with interest thereon at the
rate of fifteen per centum per annum, which
lien may be enforced by action, or required
by the court to be paid before awarding a
writ of possession to the person claiming adj
versely to the purchaser at such tax sale or
HIS dSoiSuCC.
Sec. 9. That any tract or parcel so sold
may be redeemed by the person who owned
the same at the time of the forfeiture there
of, or his representative or assigns at any
time within one year from the time of the
sale thereof, upon paying to the treasurer
of the county for the use Of the purchaser or
his assignee the amount for which such
property sold, with interest en- such
amount from the day of sale till the time
of redemption, at the rate of two per cent.
per month upon such redemp tiOn being
made the treasurer of the county shall give
to the person redeeming certificate there
of, which may be recorded in the office of
the Register of Deeds of the proper county,
and thereupon the same shall operate to
defeat such tax deed so far as said re-
deemed premises are concerned and the
title acquired by such purchaser or his as
signee under the certificate and deed, shall
revert to such redemptioner.
Sec. 10. That the several counties in the
State who have advanced, paid costs or ex-
penses upon any of the tax sales mentioned
in the first section of this act, may retain