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Forfeited lands

to make a 'ne of forfeited lands

ditors in 1831

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 Forfeites 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, 1931; 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.

Sec. 2. That the auditor of State shall cause all lands, in- Auditor of Siste 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.

Sec. 3. That the auditor of State, at the time he transmits to transmit lista 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 tbereon 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.

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 afore- änd notice de said, in case the tax, interest, and penalties due thereon, shall not have been paid on or before the fifteenth day of October, 1831, shall forth with 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 spen cified by this act, for the sale of şaid lands, (which day shall be damed 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 anti court house, or usual place of holding courts in said county, whe and proceed to sell the whole of each tract of land as contain

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considered as the

ng lands from

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Sec. 7. That any person or persons claiming any land, in- Purchasers un lot, out-lot, or part of a lot, hy virtue of any sales made by the

der this act may

have par: 1"} 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 beforo whom application for partition as aforesaid is made, shall set off to such person or persons, the land claimed in said deed, as bis 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.

Sec. 8. That the purchaser of any such lands, his heirs or Purchaser to the assigns, shall, from the day of such purchase, be taken in all assigned 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.

Sec. 9. That in all cases where any claimant of any lands Claimant recausold under the provisions of this act, his heirs or assigns, shall erin

e purchaser, 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 Purch purchaser, bis 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. law

Sec. 10. That the county auditor shall pay over to the Proceeds of the county treasurer of his proper county, the amount of moneys sales, how ago

propriated
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 direc-
tion 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 he 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.

Purchaser may assert his ljen in

AN ACT for the redemption of lands and town lots sold for tases.

tion of disability

be top county

of the where

ated

Applicant to
give six weeks

paper

Sec. 1. Be it enacted by the General Assembly of the Stale of Lands, etc., sold Ohio. That all lands and town lots which have been, or may for taxes, inay be

hereaster be, sold for taxes, may be redeemed at any time years from the within two years from and aster the sale thereof; and all lands sale or expira and town lots belonging to minors, femes covert, ipsane 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.

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

are pleas of the county in which such lands or town lots are situlands are situated; and if any such tract be divided by a county line, appli

cation for the redemption thereof shall be made in the county in which sach land was sold.

Sec. 3. That the party intending to make application for the redemption of any land or town lot sold for taxes, shall give

eks, 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 succes. sively prior to the sitting of said court.

Sec. 4. That the party intending to make such application, Applicant must shall, at the time of publishing the aforesaid notice, deposit deposit redemp tion money wich 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.

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 on applications required in the third section of this act, and that the deposit for redemption

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.

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the clerk

sale to be paid or improve

kes, 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.

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 hie

proportion 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.

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, 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 lown lot within two years from and after the sale thereof. Sec. 8. That the person obtaining an order for the redemption Copy o

Copy of the orof any land or town lot as aforesaid, shall, within thirty days des of redempaster the date thereof, cause a certified copy of such order, corded in thirty

tion to be re 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.

Sec. 9. That the “Act directing the mode of redeeming lands sold for taxes," passed January 4, 1816; 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.

'ormer acte

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