or other proper officers, who hath made or shall make sale of any lands, tenements or real estate, by virtue of an execution against the same, shall abscond or be rendered unable, by death or otherwise, to make a deed of conveyance for the same, it shall be lawful for any succeeding sheriff or other proper officer, on receiving a certificate from the court from which the execution issued, for the sale of the said lands, tenements or real estate, signed by the clerk or prothonotary, by order of the said court, setting forth, that sufficient proof hath been made to the said court, that such sale was fairly and legally made, and on tender of the purchase money, or if the purchase money or any part thereof be paid, then, on proof of such payment and tender of the balance, if any be, to seal and deliver to the said purchaser or his legal representative, a deed or conveyance of the said lands, tenements or real estate, so sold, which deed shall be as good and as valid and have the same effect, as if the sheriff or other officer, who made the sale, had executed the same in due form of law. sale exceed amount of costs, sheriff Sec. 14. Be it further enacted, That if, on any Proceeds of sale to be made as aforesaid, there shall remain ing the an overplus of money, in the hands of the sheriff debt and or other officer, after satisfying the writ or writs of execution, with interest and legal costs, then the said sheriff or other officer, shall pay over to the defendant, or his legal representatives, such overplus on demand. Sec. 15. Be it further enacted, That the purchaser, his heirs or assigns, shall hold the lands, tenements or real estate, by him or her purchased as aforesaid, free and clear of all other judgments to pay overfendant. plus to de Purchaser etc.. clear of to hold lands, all other judg ments not levied. Judgment reversed, chaser not affected. and recognizances whatsoever, on or by virtue of Sec. 16. Be it further enacted, That if any judgtitle of pur- ments, in satisfaction of which any lands, tenements or real estate, belonging to the defendant, hath or shall be sold, shall, at any time thereafter be reversed, such reversal shall not affect or defeat the title of the said purchaser; but in such case, restitution shall be made only of the money for which such lands, tenements or real estate were sold, with lawful interest from the day of sale. Officer amerced in the amount of the debt neglect or re fusal to exe cute, sell or pay over to plaintiff on motion. Sec. 17. Be it further enacted, That if any sheriff or coroner, shall refuse or neglect to execute any and costs on writ of execution to him directed and which hath or shall come to his hands, or shall neglect or refuse to sell any goods, chattels, lands, tenements or real estate, according to the writs to him directed and delivered for that purpose, or shall neglect to return a just and perfect inventory of all and singular the goods and chattels, by him taken in execution, unless the said sheriff or coroner shall return that he hath levied the value of the debt, damages and costs, or shall neglect or refuse, on demand made for that purpose, to pay over to the plaintiff or his legal agent or attorney, all money by him received, for the use of the said plaintff, at any time after receiving the same, he shall, on motion in open court, be amerced in the amount of the said debt, damages and costs, to and for the use of the said plantiff: Provided, That three days' notice, in writing, shall be given to the said sheriff or coroner, by the plaintiff or Provided three days notice be given. his attorney, before any motion shall be made for such amercement, which amercement shall be entered on the records of the court and shall have the same force and effect as a judgment; whereupon execution, in the name and for the use of the plaintiff, or his legal representative, may, on motion, be awarded against the goods, chattels, lands, tenements and real estate of the said sheriff or coroner. Provided also, That nothing herein Proviso. contained, shall prevent such plaintiff from proceeding against such sheriff or coroner, by attachment, according to law, at his election. Party dying execution, cution may charged in new exe issue against lands, goods, etc. Sec. 18. Be it further enacted, That the party at whose suit any person may stand charged in execution, for any debt or damages recovered, his, her or their executors or administrators, may, after the death of the person charged and dying in execution, lawfully sue forth and have new execution against the lands and tenements, goods and chattels, or any of them, of the person so deceased, in such manner and form, to all intents and purposes, as he, she or they might have had by the laws of the state, had the person never been taken and charged in execution: Provided Proviso. always, That nothing in this section shall be construed so as to authorize the party, his, her, or their executors or administrators, at whose suit any person shall be in execution and die, to have execution against the lands or tenements of the person so dying, which shall, at any time after his or her being taken and charged in execution, be, by him or her, sold bona fide, for the payment of just debts, and the money which shall be paid for the land so sold, either paid or received, to be paid to his or her creditors. Sec. 19. Be it further enacted, That nothing in Lands sold by the state by this act. this act contained, shall in anywise extend to or not affected affect the sale of lands by the state, for any debt or taxes due thereto; but all lands in this state, the property of individuals, who may be indebted to the state, or any corporate body, either for taxes or otherwise, shall be sold, without extent or valuation, for the discharge of such debt or taxes, agreeably to the law or laws of this state in such case made and provided, anything in this act to the contrary notwithstanding. Certain laws repealed. Sec. 20. And be it further enacted, That the law, subjecting real estate to execution for debt, adopted from the Pennsylvania code and published at Cincinnati, the first day of June, one thousand seven hundred and ninety-five, and an act, passed under the territorial government, the nineteenth day of January, one thousand eight hundred and two, so far as the same may relate to judgments to be entered, after the passage thereof, be and the same is hereby repealed. But for the purpose of satisfying all judgments which have heretofore been entered, the same shall be and remain in force and for no other purpose whatsoever, anything in this act to the contrary notwithstanding. MICHAEL BALDWIN, Speaker of the house of representatives. DANIEL SYMMES, Speaker of the senate. February 16, 1805. · CHAPTER VI. An act, to amend an act, entitled, "An act, establishing an university in the town of Athens." Sec. 1. Be it enacted by the general assembly of Appraisers the state of Ohio, That James Denny, Emanuel appointed. Carpenter, Jr., Isaac Dawson, Pelatiah White and Ezekiel Deming, residents of this state, are appointed appraisers of the two college townships numbered eight and nine, in the fourteenth range of townships within the grant of land made to the Ohio company of associates, and the said appraisers or any three of them, on oath or affirmation, are hereby required to appraise the townships aforesaid, within nine months, at the present real value as in its original and uncultivated state, and make report thereof to the board Their duty of trustees of the said university; and the said trustees shall lease the same to any persons who have or may apply, agreeable to law, for the term of ninety-nine years, renewable forever, with a fixed annual rent of six per centum on the appraised valuation: Provided, That no lands shall Proviso, as be leased at a less valuation than at the rate of one dollar and seventy-five cents per acre. Sec. 2. Be it further enacted, That the commissioners aforesaid shall meet on the first day of April next, at the town of Athens, who shall then proceed to discharge the duties imposed on them by this act, and the act to which this.act is an amendment, and the same to have performed within the time mentioned in this act. Sec. 3. Be it further enacted, That the trustees to leasing. Commission first of April. ers to meet |