shall give hond Lands to be offered at publie sale the Governor, in the sum of ten thousand dollars, for the fathful discharge of the duties of their respective offices; and shall respectively reside at the places where the Land Offi ces are directed to be kept; and if any person, being appointed Register or Receiver of public moneys, shall refuse to accept the appointment, or in case either of the said offices shall otherwise become vacant, the Governor shall be, and he is hereby authorized to fill such vacancy. Sec. 2. That all the lands, so selected for this State by the Governor, within the said Land Districts, shall be offer ed for sale by half-quarter sections, to the highest bidder, under the directions of the Register of the Land Office, at the places respectively where the Land Offices are directed to be kept, on such day or days, between the passage of this act and the first day of November next, as shall, by a public Governor to proclamation of the Governor, be designated for that pur make procla- pose: the sale shall remain open one week, and no longer; and all lands which shall have been offered, and remain un sold at the close of such public sale, shall be subject to be sold at private sale, by entry at the Land Office, at one dol lar and twenty-five cents per acre, to be paid at the time of making such entry; and may be purchased, at private sale, in entire sections, half, quarter or half quarter sections, at the option of the purchaser: Provided always, That no land shall be sold at either public or private sale for any price less than one dollar and twenty-five cents per acre. mation Manner of conducting sales Proviso Subdivison of land to be gran ted by act of Con made at the time of purchase Sec. 3. That in every case of a division of a quarter section, the line for the division thereof shall run north and south; and the corners and contents of half quarter sections, which may be sold under the provisions of this act, shall be ascertained in the manner, and on the principles, directed and prescribed by the second section of an act of Congress, entitled "An Act concerning the mode of surveying the public lands of the United States," passed on the eleventh day of February, eighteen hundred and five; and fractional sections, containing one hundred and sixty acres, or upwards, shall, in like manner, as nearly as practicable, be subdivided into half quarter sections, under such rules and regulations as the Governor may prescribe; but fractional sections, containing less than one hundred and sixty acres, shall not be divided, but shall be sold entire. Sec. 4. That any purchaser of land, at public or private Payment to sale, under the provisions of this act, shall make full pay ment therefor, on the day of purchase, to the Receiver of Public Moneys for the proper District, taking from the Receiver duplicate receipts for the sum paid; one of which he shall produce to the Register of the Land Office, before the Duty of Re- tract of land shall be entered as sold; and the Register shall gister and file said receipt in his office: and if any person, being the Receiver highest bidder at public sale, for a tract of land, shall fail to make payment therefor on the day on which the same was purchased, the tract shall again be offered at public sale on the next day of sale; and the person so bidding, and failing to make payment, shall not be capable of becoming the purchaser of that or any other tract offered at such public sale. chaser tificate of Sec. 5. That upon the payment of the parchase money Register to for any tract of land, and the production of a receipt therefor, give purfrom the Receiver of public moneys, as provided for in the her a cer preceding section, the Register of the land office shall give purchase & to the purchaser a certificate, describing the said tract of land, specifying the sum paid on account thereof, and that the purchaser is entitled to a deed for the same; and on the presentation of the said certificate to the Auditor of State, he shall compare the same with the returns of the Registers and Receivers of the proper District; and if the same is found correct, he shall make out a deed for the land specified in said certificate; and which deed shall be executed by the Governor, in the manner pointed out in the act authorizing to purchaser the sale of the Virginia Military School Land; and which deed, so executed, shall vest in the purchaser, his heirs, or assigns, a good and perfect estate, in fee simple. Governor to execute deed and report to Sec. 6. That the Register of each Land Office shall Register to cause books to be kept, in which shall be regularly entered keep books an account of the dates of all the sales made, the situation State Auditor and numbers of the tracts sold, the price at which each was quarterly struck off or entered, and the dates of the certificates given to the different purchasers; a copy of all which entries, together with the amount of the receipts from the Receiver of public moneys, which shall have been filed in his office, agreeably to the provisions of the fourth section of this act, shall be, by the Register, transmitted quarterly, computing from the first day of the public sales authorized by this act, to the Auditor of State, who shall file the same in his office, and make report thereof to the next General Assembly. Sec. 7. That it shall be the duty of each Receiver of Duty of the Public Moneys to give duplicate receipts for all moneys by Receiver to him received, to the persons respectively paying the same; and pay over keep books to cause regular entries of all sums of money so received to to State Trea be made, in a book to be by him kept for that purpose, spe- surer quarcifying the amount, from whom and when received: he shall, terly also, quarterly, computing from the first day of public sale authorized by this act, pay into the Treasury of this State the amount of moneys which he may have received, taking from the Treasurer duplicate receipts therefor; one of which he shall forthwith deliver to the Auditor of State, who shall file the same in his office, and report the amount of all such receipts to the next General Assembly. Sec. 8. That each Register and Receiver of public moneys shall be entitled to receive, as a compensation for H Compensa- his services required by this act, a commission of one per cent. tion allowed on the amount of all the sales of lands which shall have to Register and Receiver been made, under the provisions of this act, within his Dis Auditor to furnish sta trict, to be paid quarterly at the Treasury, on the certificate of the Auditor of State; and, also, five dollars a day for Clerk hire, and superintending the public sales, during the time the same shall be kept open. Sec. 9. That the Auditor of State shall be, and he is hereby authorized and required to furnish, or cause to be tionery furnished, at the expense of the state, the books by this act Register &c required to be kept by the Registers and Receivers of public moneys, the stationery necessary for them in the discharge of their duties; and, also, to provide blanks for all receipts, certificates and deeds required by this act. the land Sec. 10. That it shall be the duty of each of the said To notify pro- Registers and Receivers, to give notice to the Prosecuting secuting att'y of trespass on Attorney of the proper county, of any trespass committed on the said lands, by cutting or destroying timber growing thereon; and on receiving such notice, it shall be the duty of such Attorney, to commence actions of trespass against such offenders, in the name of the state of Ohio; of which actions the several Courts of Common Pleas shall have original jurisdiction; and in all cases in which a verdict and judgment shall be recovered in favor of the plaintiff, full costs shall be taxed against the defendant or defendants. EDWARD KING, Speaker of the House of Representatives. February 12, 1829. Speaker of the Senate. Co. Comm'rs authorized to nually AN ACT to authorize the Commissioners of Hamilton county, to levy & tax, for road purposes, within said county. Sec. 1. Be it enacted by the General Assembly of the State levy an addi- of Ohio, That the Commissioners of the county of Hamilton, tional tax an- be, and they are hereby authorized, in each and every year, to levy any sum not exceeding one and one-half mills on the dollar, upon the grand levy for road purposes, to be levied and collected, in the same manner as the taxes for state and county purposes are; which fund, shall be laid out and expended under the direction of the Commissioners of said county, for the permanent improvement of the principal roads leading from the City of Cincinnati, within said county, in just and equitable proportions, any other law to the contrary notwithstanding: Provided, That the taxes levied within said county, for road and county purposes, shall not in any Proviso one year, exceed three mills on the dollar, upon the grand levy of taxable property therein. tracts to im Sec. 2. That the Commissioners aforesaid, before enter- To give noing into any contract to improve said roads, shall cause at tice before least twenty days notice to be given, in some newspaper in making con general circulation in said county, that they will attend at prove roads the Courthouse within the county aforesaid, to receive proposals for work to be done on the roads mentioned in said advertisement. &c Sec. 3. That the said Commissioners shall require the Contractors contractor or contractors, to enter into bonds with good and to give bond, sufficient security, conditioned for the faithful performance of the work agreeable to the contract, retaining at all times, at least one-fourth of the money which may be due thereon, until the contract shall be complied with, and the work completed and accepted by said Commissioners, and to do all other things necessary and proper for carrying into effect, the object of this act. EDWARD KING, SAMUEL WHEELER, February 11, 1829. Speaker of the Senate. AN ACT supplementary to the "Act for the remission of penalties, and for the sale of lands for taxes," passed January 29th, 1827. Whereas, the several County Auditors in this state, have Preamble, omitted to sell the lands lying in their respective counties, on which the taxes due thereon, before the year one thousand eight hundred and twenty, have not been paid: Therefore, Auditors to proceed to sell December Sec. 1. Be it enacted by the General Assembly of the State Duty of cer of Ohio, That the County Auditors in their respective coun- tain County ties, where no sale of land has taken place for the taxes due thereon, before the year eighteen hundred and twenty, certain lands agreeable to the provisions of the act, entitled "An act, for on the 2d the remission of penalties, and for the sale of lands for Monday of taxes," passed January twenty-ninth, one thousand eight next hundred and twenty-seven, be, and they are hereby autho rized and directed, to proceed to sell, on the second Monday of December next, all the lands lying in their counties respectively, which are embraced in the provisions of said act, and on which the taxes, interest and penalties, together with the taxes for the present year, shall not be paid by said day; and the above sales shall in all respects, be made County Trea urers to re til that time agreeabic to the provisions, and under the restrictions of the above recited act. Sec. 2. That it shall be the duty of the respective County Treasurers, of the counties in which any of the lands ceive tax - embraced in the foregoing section may lic, to receive the taxes, interest and penalties due on said lands, until the second Monday of December next, in the same manner [as] they might have done before the secord Monday of December last, as provided by said recited act. Court of Con. lens to certain lands Scc. 3. That where the whole of any tract of land has been sold for taxes by the Auditor of State, within the Virord reeeds to ginia Military District, north of the Indian Boundary line so be made for called, and lying without any organized county, by virtue of the twenty-sixth section of the act, defining the duties of the Auditor of State, passed February 24, 1824, and the Court before whom judgment for the amount of the tax, interest and penalty was rendered, shall be satisfied that the sale was made according to the provisions of the "act providing for the remission of penalties, and for the sale of land for taxes," passed January 30th, 1822, they shall order said Auditor of State, to make a deed to the purchaser, or his assignce or assignees, for the same, agreeably to the provisions of the last recited act, without a survey being made thereof. EDWARD KING, February 11, 1829. Speaker of the Senate. The Compa ny may con tract for AN ACT supplementary to the act, entitled "An act, to appropriate Sec. 1. Be it enacted by the General Assembly of the State of Ohio, That the President and Directors of said Company, crt-be, and they are hereby authorized and empowered, to make gaging lands any contract or contracts, for mortgaging any of the lands mentio ed in said act, now remaining unsold. for the purpose of raising teeney to be applied to the construction of said road: Provided. That it shall not be lawful for said Company, to mortgage, or cause to be mortgaged, more than fifteen thousand acres of said land; nor shall any of said land be mortgaged for a less sum than sixty cents per acre. Proviso Governor to gages Sec. 2. That the Governor of this state, for the time execute mort-being, be, and he is hereby authorized and required, upon application for that purpose, for and on behalf of said Company, to cxccute such mortgage or mortgages as shall be |