TITLE XII.

CHAPTER 59.

SEC. 8. The commissioner shall keep a record of the sales of lands, and of the moneys received by him on account either of principal or Commissioner to interest, the date of such sale or payment, the description of the lands keep record of sold, with the number of acres thereof, and the name of each purchaser, or person paying such moneys, to whom he shall give a receipt for such moneys, and shall credit the proper fund therewith.

sales, &c.

Monthly state

ment to state treasurer.

Moneys to be paid to state

treasurer.

Commissioner to

lands.

SEC. 9. He shall, on the first Monday of each and every month, cause to be made out and transmitted to the state treasurer, a statement showing the amount of money, or evidences of debt received by him, the name of the persons paying the same, the time of payment, the number of the certificate upon which such moneys were paid, the kind of funds received, and the proper fund to be credited therewith.

SEC. 10. He shall also, on the first Mondays of March, June, September and December in each year, and at any other time when required by the state treasurer, deliver and pay over to said treasurer all moneys and evidences of debt received by him as aforesaid.

SEC. 11. The said commissioner shall have the general charge and have charge of supervision of all lands belonging to the state, or which may hereafter become its property, and also of all lands in which the state has an interest, or which are or may be held in trust by the state for any purpose mentioned in this title, and may superintend, lease, sell, and dispose of the same in such manner as shall be directed by law.

Annual report] of commissioner.

Recorder of

salary.

SEC. 12. He shall annually make a report to the legislature, of his official proceedings, showing the quantity of land sold or leased, and the amount received therefor; the amount of interest moneys received to the credit of the several funds, and all such other matters relating to his office as he may think proper to communicate.

SEC. 13. There shall also be appointed by the governor, an officer land office-his who shall be called the recorder of the land office, who shall hold his office for the term of two years, and until his successor shall be appointed and qualified, and shall keep his office in the said land office aforesaid, and receive an annual salary of four hundred dollars a year, payable quarter yearly.

Recorder may

both to take oath.

SEC. 14. The said recorder may appoint a deputy, but without adappoint deputy ditional expense to the state, for whose official acts he shall be responsible; both of whom shall severally, before entering upon the duties of their office, take and subscribe the constitutional oath of office, and cause the same to be filed with the secretary of state.

Duties of recorder.

Ib.

Ib.

SEC. 15. It shall be the duty of the recorder or his deputy, to countersign every certificate of purchase, receipt or other official instrument in writing, which may be issued or given by the said commissioner, and which purports to be evidence of moneys received by him; and unless such certificate, receipt or official instrument be so countersigned, it shall not be evidence of payment, nor valid in law.

SEC. 16. The said recorder, upon countersigning any certificate, receipt or other instrument as aforesaid, shall charge the commissioner with the amount received by him as therein mentioned, and credit the proper fund therewith, and shall also keep a record of the names of the persons paying the same, the number of the certificate upon which the amount shall be paid, and the time of the payment.

SEC. 17. The recorder shall also, after comparing the accounts kept by him with those kept by the commissioner, on the first Monday of each and every month, transmit to the state treasurer a statement of all the several certificates, receipts and other official instruments,

which have been issued or given by the commissioner, and countersigned as aforesaid, together with the dates, numbers and amounts thereof, the names of the several persons paying such sums, and the several funds to which they respectively belong.

TITLE XII.'

CHAPTER 60.

OF THE SUPERINTENDENCE

CHAPTER 60.

AND DISPOSITION OF THE PUBLIC LANDS.

University and School Lands.

school lands-to

SECTION 1. The minimum price of the unsold and unimproved uni- Minimum prices versity lands, shall be twelve dollars per acre, and the minimum price of university and of the unsold and unimproved school lands shall be four dollars per be first offered at acre; but no such lands shall be otherwise sold until they shall once public auction. have been offered for sale at public auction, and no such lands shall be sold for less than the aforesaid prices respectively, nor shall any 1844, p. 82, &c. treasury notes or warrants be received for university lands hereafter forfeited to the state.

Terms of

SEC. 2. The terms of payment on the sale of university and school lands, shall be twenty-five per centum of the purchase money to be ment. paid at the time of the purchase, the balance of the principal at any time thereafter, at the option of the purchaser, with interest at the rate of seven per cent. per annum on the unpaid balance, payable on the first day of January, or within sixty days thereafter, in each and every year, at such place or places as shall be specified in the certificate of purchase.

to contain.

pay.

SEC. 3. At the time of the sale of any such lands, the commission- Certificate of er shall make out and deliver to the purchaser or purchasers thereof purchase, what a certificate, in which the said commissioner shall, in the name of the people of this state, certify the description of land sold, the quantity thereof, and the price per acre, the consideration paid and to be paid therefor, and the time and terms of payment.

SEC. 4. The said certificate shall further set forth, that in case of the non-payment of the interest due, by the first day of January or within sixty days thereafter, in each and every year, by the purchaser or purchasers, or by any person claiming under him or them, then the said certificate shall, from the time of such failure, be utterly void and of no effect, and the said commissioner may take possession thereof and re-sell the same as is hereinafter provided.

Ib.

time, &c.

SEC. 5. Any purchaser of university or school lands, his heirs or What purchaassigns, who shall have paid on or before the first day of March, in sers may pay ba the year one thousand eight hundred and forty-two, a sum equal to lance at any twenty per cent. of the purchase money on his certificate, together with the interest up to said day; and any person who shall have become such purchaser since the thirteenth day of April, in the year one thousand eight hundred and forty-one, his heirs or assigns, who shall have paid according to the terms of his certificate, shall be privileged to pay the balance of principal due on his purchase at any time hereafter at his option; but in all cases the interest on the un

CHAPTER 60.

TITLE XII paid balance of principal shall be paid on the first day of January, or within sixty days thereafter in each and every year.

When commis

possession and

re-sell.

SEC. 6. In case of non-payment, either of principal or interest, sioner may take when due, according to the provisions of the preceding section, or according to the terms of the certificate of sale, as the case may be, such certificate shall become void and of no effect from the time of such failure, and the commissioner may take immediate possession thereof and re-sell the same.

Commissioner

ser.

SEC. 7. The said commissioner shall, whenever in his opinion the may require se interest of the state will not be secured by the payment in this chapter curity of purcha- required to be made at the time of the purchase, require of the purchaser such security for the payment of any moneys to become due and payable according to the terms of the certificate of purchase, as in his judgment will secure the respective funds against loss.

Patents to be is sued by govern

or.

Fee of land.

Commissioner may recover amount due for which security is given.

Improved lands, how sold.

Commissioner

into small lots,

and sell them.

SEC. 8. The governor of the state shall sign and cause to be issued patents for said lands as described in the certificates of sale, whenever the same shall be presented to him with the further certificate of the commissioner endorsed thereon, that the whole amount of principal and interest specified therein has been paid according to law, and that the holder of the certificate of purchase is entitled to a patent for the lands described therein.

SEC. 9. The fee of each and every parcel of the said lands shall be and remain in the state until patents shall issue for the same respectively, upon full payment as aforesaid; and in case of a non-compliance by the purchaser, his heirs or assigns, with the terms of the certificate as aforesaid, or with the provisions of law applicable thereto, any and all persons being or continuing in possession of any such lands after a failure to comply with the terms of the certificate as aforesaid, or with such provisions of law as aforesaid, without a written permission of the commissioner of the land office, shall be deemed and held to detain such lands forcibly, and without right, and to be trespassers

thereon.

SEC. 10. In all cases where security has been taken from the purchaser, pursuant to the provisions of the seventh section of this chapter, the commissioner shall have power to sue for and recover all such sums as may become due and payable, for which such security was given.

SEC. 11. All the improved portions of the university and school lands remaining unsold, shall be subject to sale at the respective prices at which they were severally offered at the last annual public sales, until the improvements on the same shall have been appraised as provided in this chapter.

SEC. 12. Whenever either the university or school fund will, in the may lay off tracts opinion of the commissioner, be improved by laying off any section or tract of university or school lands, into small parcels, or village lots, the said commissioner may cause the same to be done, and may sell the same at the respective minimum prices established in this chapter; or if in his opinion any of such parcels or lots exceed in value such prices, he shall cause the same to be appraised by three disinterested freeholders of the county in which such parcels or lots are situated.

Appraisal.

Appraisers to be

SEC. 13. Such freeholders shall be appointed by the commissioner, sworn, and make and after being first duly sworn so to do, shall appraise the several parcels or lots directed by said commissioner to be appraised by them,

appraisal and return.

TITLE XII.

at their true value respectively, and shall make a return of such ap- CHAPTER 60. praisement duly certified by them, to the commissioner.

but not below

SEC. 14. All parcels or lots so appraised, shall be subject to sale in Lots to be sold at the same manner, and upon the same terms and conditions, and the appraised value, certificates of purchase shall have the same effect, as in the case of minimum price. other university or school lands, according to the provisions of this chapter, at the prices at which the same were severally appraised, until a new appraisal shall be made, which the commissioner may, in his discretion, cause to be had in the manner aforesaid, and with the like effect; but no lots or parcels so appraised shall be sold for less than the minimum price of said lands established in this chapter.

from sale.

SEC. 15. The said commissioner may also, in his discretion, reserve When land may and withhold from sale, such portions of the university and school be with held lands as in his opinion it may not be advantageous to sell and dispose of, and for so long a time as in his opinion will be most beneficial to the several funds affected thereby.

Forfeited lands

SEC. 16. All university and school lands which have been or may to be offered at be forfeited by the non-payment of either principal or interest, and auction. which have not been offered at public auction after forfeiture, before

lands.

the same shall be subject to private entry, shall be re-offered for sale Minimum price at public auction, and the minimum price of all portions or tracts up- of improved on which improvements shall have been made, shall be such as shall be determined by the commissioner in the manner hereinafter in this chapter provided.

how notified.

SEC. 17. The sale of such forfeited lands shall be held at such times Sale, when held, and places as shall be designated in a notice containing a description of the lands so forfeited, which notice shall be published once in each week at least four weeks successively before the time of sale, in a newspaper printed in the county where the lands are situated, if there be one, if not, then in a newspaper printed in an adjoining county, if there be one, and if there be none printed in an adjoining county, then in such newspaper as the commissioner shall designate.

der certificate.

SEC. 18. Certificates of purchase issued pursuant to the provisions Rights of pur of law, shall entitle the purchaser to the possession of the lands therein chasers, &c., un described, and shall be sufficient evidence of title to enable the purchaser, his heirs or assigns, to maintain actions of trespass for injuries done to the same, or ejectment, or any other proper action or proceeding to recover possession thereof, unless such certificate shall have become void by forfeiture; and all certificates of purchase in force, may Certificates may be recorded in the same manner that deeds of conveyance are author- be recorded. ized to be recorded.

SEC. 19. Any purchaser of university or school lands, may pay to Payments to the state treasurer the amount due on his certificate of purchase, state treasurer whether principal or interest, and for the amount paid the treasurer on certificates. shall give his receipt, which shall be countersigned by the auditor general; and a statement of all such payments shall be transmitted by said treasurer to the commissioner of the land office on or before the first Monday of each month.

rights forfeited

SEC. 20. In all cases where the rights of a purchaser shall have be- Redemption of come forfeited under the provisions of this chapter, by his failure to by purchaser. pay the amount due upon his certificate of purchase, if such purchaser, his heirs or assigns shall, before the time appointed for the sale of the lands described in such certificate at public auction, pay to the commissioner of the land office, the full amount then due and payable

TITLE XII.

CHAPTER 60.

1845, p. 149.

Lists of forfeited

lands, and unsold lands improved,

to be sent to

county clerks,

&c.

Supervisor to ap

ments.

Proviso.

upon such certificate, and twenty-five cents on each dollar of such amount in addition thereto, such payment shall operate as a redemption of the rights of such purchaser, his heirs or assigns; and said certificate, from the time of such payment, shall be in full force and effect, as if no such forfeiture had occurred.

SEC. 21. On or before the first day of June in each year, the commissioner of the land office shall prepare and transmit to the clerks of the several counties in which the same are situated, lists of all the forfeited lands in the several townships therein, and of all the unsold university, school, and state building lands which he may have cause to believe are improved, together with proper forms of returns and certificates of appraisement, to be forthwith distributed by such clerks respectively to the several supervisors of townships to whom the same may be directed.

SEC. 22. Every supervisor of a township, upon receiving the lists praise improve and forms as aforesaid, shall proceed to estimate and appraise the value of all the improvements upon the several tracts or parcels of land mentioned in such lists, and after making such appraisement according to the forms prescribed by said commissioner, he shall make returns thereof duly certified by him to the commissioner, on or before the first day of August in the same year. Provided, that the provisions of this section shall not apply to any settler mentioned in or contemplated by the "act to provide for the sale of certain lands to the settlers thereon, and for other purposes," approved March twenty-fifth, one thousand eight hundred and forty, and the several acts amendatory thereof, whose lands have been forfeited to this state, or who has not become a purchaser of the lands on which he resides, and on which his settlement is made; nor shall it apply to any person who has made, or who hereafter may make improvements on any of the university, school or state building lands, and who shall hereafter become a purchaser of the same; but such settler or other person shall be entitled to enter the same upon the terms herein established. for the sale of unimproved university lands, irrespective of the value of said improvements, and he shall not be chargeable for the value of said improvements so made by or assigned to him.

On return of ap praisal commissioner to fix price.

Price of unimproved university lands.

Leasing of improved lands.

University lands in Ohio.

SEC. 23. On the return of such appraisement, the amount of the appraised value of improvements on each tract or parcel shall be divided by the number of acres contained therein, and the result, together with the minimum price per acre of unimproved lands of the same description as established in this chapter, shall be the specific minimum price per acre of such tract or parcel, the improvements upon which shall have been so appraised, until the same shall be changed by a subsequent appraisal.

SEC. 24. The unimproved forfeited lands shall continue at the minimum price per acre of unsold and unimproved lands, as established in this chapter.

SEC. 25. The commissioner of the land office may, from time to time lease, for terms not exceeding one year, and until the same are disposed of according to law, all such university and school lands, and other lands belonging to the state, as shall have improvements on them; and such leases shall contain proper covenants to guard against trespasses and waste.

SEC. 26. The university lands of this state, lying near Toledo, in the state of Ohio, shall be excepted from the provisions of this chapter.