The West Virginia journal. [volume] (Charleston, W. Va.) 1864-1877, 1865-05-17

shall be the duty Of the Commissioners to
employ competent and reliable attorney
to move, having first given the obligors
ten days notice Of such motion, for all
award Of execution on said bonds, for
which service he shall be allowed the
same fees as on other motions of like
kind, which shall, together with tho
other necessary costs and commissions
attending the collection Of said bonds,
be taxed and included 10 said executions.
The said commissioner shall also pay
into lis court all moncys'collectcd or re-.
ceived by him by virtue Of any such
sales, and tho said court shall then make
an order allowing him such commissions,
not exceeding ten per cont, and other
reasonable expenses attending the sur
vey and sale Of said lands, ns" in its
Judgment may seem proper, and direct
the residue thereof to be paid into the
State treasury for the benefit Of the
school fund.-
:. 1t shall be the duty Of the prose.
cutting attorney in each county, to ap.
pear and represent the interests Of the
State in all matters pertaining TO the
sales and other proceedings directed BY
this act.
S. No commissioner under this act
shall enter upon the discharge Of the
duties Of his Office, until he shall have
taken an oath III open court to execute
the duties faithfully and impartially,
and also shall have given bond in a rea.
sonablc sum. payable to the State OF
West Virginia, in open court, with al
least two good securities, conditioned
! that he will faithfully and honestly &C.
count for and pay over all money. bonds
and other securities according to the or.
dcrs Of said courts, and do and perform
all other duties Of his said Office accord.
ing to the provisions Of this act.
.. Whenever any purchaser Of anJ
lands at any sale made under the provi.
s;ons Of this act, shall have paid tho
whole amount Of purchase money BY
him stipulated 10 be paid therefor, il
shall be tho duty Of the court BY whose
order the said sale was made, to direct
the said commissioner to convey 10 the
said purchaser by deed with warranty
all the interest Of the State in said lands
| 10. No lands shall bc sold under Tx
provisions Of this act, when Tie same
Shall have been in the actual possession
Of any person claiming title thereto fol
the space Of ten years continuously be
fore tho same may be reported to cour;
for sale, If such person in the possession
thereof has paid all taxes charged, o,
properly charseable thereon, and tht
title of tho State in and to any sucl
lands shall be deemed TO be transferred
to AMI vested in such occupant.
! II. Any person who may have pur
chased any real estate at sale thcreo
made in the gear eighteen hundred aut
sixty, fer the taxes due thereon, aut
who has failed to obtain deed therefor
either by reason Of the loss. Of the re-
ccipt OF the sheriff for the purchase
money, or by the failure OF the sherlh t(
give such receipt, may file lis petition
in the circuit court Of the county il
which such real estate, or any part there
Of may be, setting forth the person il;
whose name such real estate was sold
the quantity aud description thereof, tho
amount Of taxes for which it was sold
and the amount due thereon at the filing
Of such petition; and the reasons why
! he had not obtained such deed. II Tho
court shall be satisfied Of tho truth o!
the facts stated in said petition, it shat
order deed to be made to such pur
chaser for said real estate, in the man
ncr prescribed By chapter thirty.seveE
Of the Code Of Virginia, upon the pay
mcnt to the sheriff Of all taxes due