Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-03-28

offer the same in fee to the highest bidder,
who shall bid not less than the amount for
which the same is to be sold. If no bid
der shall bid an amount equal to that for
which the piece or parcel is to be,sold, then
he shall bid in the same for the state at
such an amount. The county treasurer
shall attend the sale and receive all mon
eyS paid thereon; Provided, That none Of
the provisions of this act shall be construed
so as to conflict in any with any of
the provisions of an act entitled can Act
providing for the extension of the time for
the payment of taxes for the year 1882 ap-
proved January 20 1890.
SEC. II. CERTIFICATE OF SALE OF EACH
PARCEL-WIAT TITLE PASSES. The aud
itOr h execute to the purchaser of any
piece or parcel of land a certificate, which
may be substantially in the following
form:
COUNTY CERTIFICATE OF TAX SALE.
STATE OFNORTH DAKOTA, )ss
................ COUNTY. @0'
l, auditor of the
North Dakota, do hereby certify that the
following described real estate in said
county and state, to-wit: describing same)
| was on the ........day of ..........18 49,.
duly sold by NE in manner provided by
law for the delinquent taxes of the year
b.. thereon, amounting O.............
uOlldIo, llCluullB luGtIcSt aIu penalty
thereon and the costs allowed by law, to
dollars, he being the highest
bidder for the same.
And l further certify that unless re-
demption is made of said real estate In the
manner provided by law, the said .......
or assigns, will be entitled to a deed there
for on and after the. ....... day of.........
A: D: 1S...., on the surrender Of the GER
tificate.
In witness whereof l have hereunto set
my hand this ............d day Of............
A. D. 49,.
Auditor.
SEC. 72. CERTIFICATE AS EVIDENCE
GROUNDS Q AVOIDING SALE. Such GER
titicate shall in all cases be prtnd Jdcia
evidence that all the requirements of the
law with respect to the sale have been duly
complied with, and that the grantee named
therein is entitled to a deed therefor after
the time of redemption has expired. And
no sale shall be set aside or held invalid,
unless the party Directing to the same shall
prove, either that the taxes were paid prior
to such sale or that notice OF such sale as
required by law, was not given; or that
the piece or parcel of land was not offered
at said sale to the bidder who would pay
the amount for which the piece or parcel
was to be sold, or that the original tax lev
led was IN excess of the amount allowed
| by law to be levied; and it shall be lawful
for any person having or claiming title to
any land, whether in his possession or
whether it is vacant and unOccupied, or in
the possession of any other person, to COM
mence and maintain at any time all action
against any person who claims any title or
interest in said land or lien upon the same
adversely to him by or through any tax
certificate or tax deed heretofore or
hereafter, made to test the validity of
the tax sale under which the sale wa made
to quiet his title to said land as against such
remove a cloud from his title arising from
such tax certificate or tax deed, and it
shall also be lawful for any person having
or claiming title to any lands to interpose
and maintain at any time a defense to any
action in law and equity concerning said
land which may be brought against him
by any person so claiming title adversely
to test in such defense the validity of the
tax sale upon which such certificate or
deed was made to remove the clouds Upon
his title arising therefrom, and to quiet his
title against such person so claiming title
adversely hereunder, Notwithstanding any
tied the time within which such action
might be commenced or defense inter-
posed.
SEC. 70. TAN SALE RECORD The
county auditor shall make a record of the
sale of real estate for delinquent taxes in
a book kept for that purpose, which shall
show the name of the owner (if knOWn),
the description Of each piece or parcel Of
property as contained in the tax list, the
amount of tax, the penalty and costs, the
amount sold for, date of sale. to whom
sold, number OF the certificate, to whom as
signed. date and amount Of redemption (f
redeemed), and by whom redeemed; if
| hid IN fnr cfofn f1n ~o1o~I e1>n1l ,~ ,%1%o
SEC. "a. FEES FOR EEL N CERTIFI-
CATE The auditor is authorized to de-
mand twenty-five cents for each deed or
certificate made by him on such sale, and
the fee Of the notary public or other officer
acknowledging the Decd. but only one
number of parcels of land bought by any
one person shall be included in one deed
or certificate; and whenever the auditor
makes a deed of any land sold for taxes,
he shall enter an account thereof in the
sale book opposite the description of the
land conveyed.
SEC. Is. Who MAY NOT PURCHASE
EFFECT OF PURCHASE BY owNER.] Any
treasurers, and each of their deputies or
clerks, may become the purchaser at such
sale. If the owner purchase, the sale shall
have the effect to pass to him Subject to
redemption as herein provided) every
right, title and interest Of any and every
person., company or COTpOraClOn, Tree from
any claim, lien or incumbrance, as the
owner so purchasing may be legally or
equitably bound to protect against such
sale, or the taxes for which such sale was
made; and no such sale of real estate for
taxes shall be considered invalid On ac-
count Of the same having been charged in
any other name than that Of the rightful
owner; Provided, that nothing herein con-
tanned shall be so construed as to prevent
any officer or his deputy or clerk from be-
coming the purchaser at such sale of any
lands, OF which he may be the owner. or
upon which he may have a lien; Provided,
that no county auditor, county treasurer,
their deputies or clerks shall act as agent
or attorney for the purchasers at such sale,
SEC. rs. TAXES TOT SUBSEQUENT FEARS
ON PROPERTY SOLD AT TAX SALE. The
taxes for subsequent years shall be levied
on property so sold or bid in for the state,
in the same ann as though the sale had
not been made; and if the purchaser or
assignee of the state shall pay such taxes,
the amount thereof with interest from the
date of payment, after they shall have be-
come delinquent, at the same rate as is pro-
vided upon the amount bid at the sale,
shall be added to and be a part of the
money necessary to be paid for redemption
from sale.
SEC. n. PROPERTY BID IN FOR THE
sTATE-To WHOM ASsIGNED-FORM OF AS
sIGNMENT,] At any time after any piece
or nQrnp1 of land cho1l hovo haar HID -, Fo~