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AN ACT to provide for the sale of lands forfeited to the State for the non

payment of taxes.

Sec. 1. Be it enacted by the General Assembly of the State of Forfeited lands Ohio, That the lands, in-lots, out-lots, and parts of lots, within and lots to be the several counties of this State, which have become forfeited sold to the State for the non-payment of taxes, which have accrued prior to the first day of January, 1831; and all lands which may hereafter become forfeited to the State by the non-payment of taxes, or otherwise; shall be sold and disposed of by the State of Ohio, agreeably to the provisions of this act.

to make a
of foriented lands

Sec. 2. That the auditor of State shall cause all lands, in- Auditor of State lots, out-lots, and parts of lots, now forfeited to the State for the non-payment of taxes, which have accrued prior to the year and lots 1831, except those lands which have been forfeited to the United States, and have since been purchased by the original owner or owners, or any other person or persons, to be entered in a book, to be provided for that purpose; which entry shall set forth the same by township and county, as in case of other lands.

ditors in 1831

Sec. 3. That the auditor of State, at the time he transmits To transmit lists the county duplicate for the year 1831, to the several county to the county auauditors, shall also transmit to each county auditor, a list of the forfeited lands lying in such county; which list shall set forth the name or names of the person or persons to whom such lands stand charged with taxes; the amount of taxes due thereon for each year, including the year 1831, and for what years: and shall certify and sign the said list, and affix thereto the seal of his office.

to publish list and notice &,

Sec. 4. That the auditor of each county, on receiving from County auditor the auditor of State the list of lands within his county, as aforesaid, in case the tax, interest, and penalties due thereon, shall not have been paid on or before the fifteenth day of October, 1831, shall forthwith thereafter cause notice thereof to be advertised four weeks successively, describing the lands in the same manner they are described on the list furnished by the auditor of State, in a newspaper printed in his county, if any such there be, and if not, in some newspaper in circulation therein, to all concerned, that if the tax, interest and penalties charged on said list, be not paid into the county treasury, and the treasurer's receipt produced therefor, before the time specified by this act, for the sale of said lands, (which day shall be named in said notice,) that then, and in that case, each tract so as aforesaid delinquent, on which the taxes, interest and penalties may remain unpaid, will, on the second Monday of December thereafter, be exposed for sale at the court house, or usual place of bolding courts in such county, in order to satisfy such tax, interest and penalties: and the auditor in each county shall, on the said second Monday of December, attend at the Sale, when aut court house, or usual place of holding courts in said county, and proceed to sell the whole of each tract of land as contain

where made

and sales made

biennially

tificate, etc.

ed in said list, at public auction, to the highest bidder: in seiling whereof, he shall offer each tract separately, beginning with the first tract contained in said list, and so continuing on through said list, until each tract contained therein shall be sol-, or offered for sale; and the person offering at said sales the highest sum for any such tract of land, shall be the purchaser. Sec. 5. That the auditor of State shall annually, after the After 1831, lists year 1831, enter in the book provided for by the second section to be sent out of this act, all the lands which shall hereafter become forfeited to the State of Ohio, for the non-payment of taxes; and once in two years, shall make out a list of such forfeited lands, and forward the same to the several county auditors, who shall proceed to sell the same agreeably to the provisions of this act: and all lands offered for sale under the provisions of this act, and not sold for want of bidders, shall be again advertised and offered for sale, by the county auditor, at the next subsequent sales by him made, under this act, until such lands shall be sold. Sec. 6. That the county auditor in each county, on a sale Auditor making being made by him of a tract of land to any person or persons, sale to give cer under this act, shall give to such purchaser or purchasers, a certificate of such sale; and if the land so sold be not an entire original tract, said certificate shall be directed to the county 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 should be holden in common with any other person or persons: in either case, on producing or returning to the county auditor the certificate of sale, where the said tract sold is an entire original tract, or where On production of the said tract of land so sold is holden in common with any certificate or plat other person or persons, or on producing the plat and certificate of the county surveyor, attached to a copy of the certificate of sale, the county auditor shall, on the purchaser or purchasers, his or their heirs, assignee or assignees, paying 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, a deed therefor in due form; which deed shall be prima facie evidence of title in the purchaser or purchasers: Provided, That Minors etc. may 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 thereof shall have a right to redeem the same in the manner prescribed by law: Provided, also, That any tract of land 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, assignee or assignees, on producing the certificate of sale to the auditor 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 appropriated for re funding taxes twice or improperly paid.

auditor to make

deed

redeem

Broviso as to void sales

der this act may have a has

Sec. 7. That any person or persons claiming any land, in- Purchasers unkot, out-lot, or part of a lot, by virtue of any sales made by the provisions of this act, as tenant in common with any other per- in other cases son 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 in presenting the county auditor's deed, the court before whom application for partition as aforesaid is made, shall set off to such person 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 hereditaments, of joint tenants, tenants in common, and coparceners.

considered as the

Sec. 8. That the purchaser of any such lands, his heirs or Purchaser to le assigns, shall, from the day of such purchase, be taken in all assignee of the courts as the assignee of the State of Ohio; and the amount of State, etc. taxes, interest and penalties, charged on the said land at the time it was sold, together with all legal taxes afterwards paid thereon by such purchaser, his heirs or assigns, shall operate as a lien on said lands.

the purchaser,

penalties

Purchaser may

assert his lien in

law

sales, how appropriated

Sec. 9. That in all cases where any claimant of any lands Claimant recav sold under the provisions of this act, his heirs or assigns, shall ering lands from recover by action the lands so sold as aforesaid for taxes, such shall refund tax claimant, his heirs or assigns, shall be liable to refund to the es, interest and purchaser, his heirs or assigns, the amount of taxes, interest and penalties, due the State on the land when sold, together with all other taxes paid thereon, by such purchaser, his heirs or assigns, up to the time of recovery, with interest: and such purchaser, his heirs or assigns, may assert his, her or their chancery or at claim, or lien. in chancery or at law, as the case may require. Sec. 10. That the county auditor shall pay over to the Proceeds of the county treasurer of his proper county, the amount of moneys received by any such sale, within ten days thereafter; and twenty-five per cent. of the proceeds of the first sale made by virtue of this act, shall be expended in the improvement of the public roads and highways within such county, under the direction of the county commissioners thereof: also, so much of the proceeds of said first sale as will discharge all the necessary costs and expenses incurred by such county, in effecting such sale under the provisions of this act, shall be retained by such county treasurer, for the use of such county, and the residue thereof shall be by him returned to the treasury of the State; and that twenty-five per cent. of the net amount of all other money collected at any subsequent sales, under the provisions of this act, within any county of this State, shall be retained by the county treasurer, for the use of such county, and the resi due thereof shall be paid into the State treasury.

JAMES M. BELL.

Speaker of the House of Representatives.
SAMUEL R. MILLER,

March 14, 1831.

Speaker of the Senate.

redeemed in two

AN ACT for the redemption of lands and town lots sold for taxes,

Sec. 1. Be it enacted by the General Assembly of the State of Lands. etc., sold Ohio. That all lands and town lots which have been, or may for taxes, inay be hereafter be, sold for taxes, may be redeemed at any time years from the within two years from and after the sale thereof; and all lands and town lots belonging to minors, femes covert, insane persons or persons in captivity, and which have been, or hereafter may be, sold for taxes, may be redeemed at any time within two years from and after the expiration of such disability.

sale or expira

tion of disability

be to c p. of the

County

where

Sec. 2. That all applications for the redemption of lands or Applications to town lots sold for taxes, shall be made to the court of common pleas of the county in which such lands or town lots are situlands are situ ated; and if any such tract be divided by a county line, application for the redemption thereof shall be made in the county in which such land was sold.

ated

Applicant to

paper

Sec. 3. That the party intending to make application for the redemption of any land or town lot sold for taxes, shall give give six weeks' notice in some newspaper printed in the county in which he notice in news intends to make such application, if any be printed therein; and if none be printed therein, then in some newspaper circulating in such county: which notice shall describe the land or lot, in the same manner that it was described on the tax duplicate, at the time of the sale thereof; stating the quantity in the original tract, the quantity sold, the name in which the same stood charged with taxes at the time of the sale, and the name of the person to whom sold; and shall state that application will be made to the court of common pleas at their next session in said county, for an order of redemption; and shall be inserted in such newspaper at least six weeks successively prior to the sitting of said court.

deposit redemp

the clerk

Sec. 4. That the party intending to make such application, Applicant must shall, at the time of publishing the aforesaid notice, deposit tion money with with the clerk of the court to which the application is to be made, an amount of money equal to that for which such land or lot was sold, and the taxes subsequently paid thereon by the purchaser, or those claiming under him, together with interest, and fifty per cent. on the whole amount paid by such person, including costs.

on applications

Sec. 5, That if the court to which such application shall. Duty of the court be made, shall be satisfied that due notice has been given, as for redemption required in the third section of this act, and that the deposit required by the preceding section has been made, they shall proceed to examine the testimony of such applicant relative to his right of redemption, and the counter testimony of the adverse party, if any be offered: and if on such examination, the court shall be satisfied that the applicant is entitled to redeem such land or town lot, they shall make an order of res demption, which shall vest in the applicant all the title which passed by such sale, and shall award restitution of the premi

ses, and direct that the applicant pay the costs of the application; and the court shall at the same time order the money so deposited as aforesaid, to be paid to the adverse party.

proportion

Sec. 6. That when any joint tenants, tenants in common or Joint tenant, etc. coparceners, shall be entitled to redeem any land or town lot may redeem his sold for taxes, and any of the persons so entitled shall refuse to join in the application for an order of redemption, or from any cause cannot be joined in such application, the court may entertain the application of any one of such persons, or so many as shall join therein, and may make an order for the redemption of such proportion of said land or lot, as the person or persons making such application shall be entitled to redeem.

sale to be paid

Sec. 7. That in case any lasting and valuable improve- Purchaser at tas ments shall have been made by the purchaser at a sale for taxes, for improve or by any person claiming under him, on any land or town lot ments for which an order of redemption shall be made as aforesaid, the premises shall not be restored to the person obtaining such order, until he shall have paid or tendered to the adverse party the value of such improvements; and if the parties cannot agree on the value of such improvements, the same proceedings shall be had in relation thereto, as shall be prescribed in any law existing at the time of such proceeding, for the relief of occupying claimants of land: Provided, That no purchaser of any land or town lot sold for taxes, nor any person claiming under him, shall be entitled to any compensation for any improvements which he shall make on such land or town lot within two years from and after the sale thereof.

tion to be re

Sec. 8. That the person obtaining an order for the redemption copy of the or of any land or town lot as aforesaid, shall, within thirty days der of redemp after the date thereof, cause a certified copy of such order, corded in thirty with the seal of the court affixed thereto, to be recorded among days the records of deeds in the county wherein such land or lot is situated.

Former acts.

Sec. 9. That the "Act directing the mode of redeeming lands sold for taxes," passed January 4, 18:6; the "Act sup- repealed plementary thereto," passed January 30, 1827; and all ot er acts and parts of acts for the redemption of lands or town lots sold for taxes; be, and the same are hereby repealed: Provided, That all proceedings for the redemption of any land or lot sold for taxes, which shall be pending at the time this act takes effect, shall be proceeded in and determined, in the same manner as if said acts were not repealed, and this act had not been passed.

This act to take effect and be in force from and after the first day of June next.

JAMES M. BELL,

Speaker of the House of Representatives.
SAMUEL R. MILLER,

March 3, 1831.

Speaker of the Senate.

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