tor of state. tificate, directed to the auditor, of the payment of said sum of money; and the auditor, on the presentation of said certificate, shall give to such person a receipt therefor, credit him with the amount in his books, and charge the treasurer therewith. County audi- SEC. 14. The county auditor shall keep an account with tor to report sales to audi- the county treasurer of all sales made and leases surrendered, and moneys paid thereon by each purchaser or lessee, and shall make a report of the same to the auditor of state on the first day of February, May, August and November, in each and every year, which report shall distinguish between the amount paid in as principal, and the amount paid in as interest, and from the time of such report the state shall be liable to pay interest on all such sums of principal so reported as paid, and the treasurer of state, on receiving a certified copy of the account from the auditor of state, shall be authorized immediately to draw said money paid in as principal, from the Interest appor county treasurer; and the amount so reported as interest shall be retained in the county treasury and apportioned to the several civil townships and parts of civil townships in the original surveyed township, or fractional township to which said land belongs. tioned. In case of fail ure of purchaser to pay, lands to be re SEC. 15. If any such purchaser or lessee shall fail to make any payment on any tract of land, for the space of twelve months after the time the same shall become due and payable, the auditor of the proper county shall forthwith proceed to sell such tract or tracts of land, with all the improvements thereon, at the door of the court-house, to the highest and best bidder therefor, in cash, having first given notice of the time and place of such sale, containing a description of the lands, and the money due and to become due thereon, by publishing the same in some newspaper of general circulation in said county, for six consecutive weeks before the day of sale; and on such sale, no bid shall be entertained for a sum which will not be sufficient to pay all the purchase money due the State, and all expenses incident to such sale; and in case * As amended April 12, 1858. said premises can not be sold for that amount, they shall revert to the state, in trust for said township, and be sold in the manner hereinbefore provided for the sale of such lands not under permanent leases, or leases for ninety-nine years. receive certifi SEC. 16. When said lands sell as aforesaid, the purchaser Purchaser to shall pay to the treasurer of the county the amount so bid for cate. said premises; and on producing to the auditor the treasu rer's receipt for such payment, the auditor shall give him a final certificate, stating the fact of such sale, the name of the purchaser, the description of the lands sold, the amount for which sold, the payment of the same, and that the purchaser is entitled to receive, from the state of Ohio, a deed in fee simple for the same, on producing to the proper officer this certificate. cate. SEC. 17. When any purchaser or lessee, their heirs or Final certifiassignees, shall have made payment in full, the auditor shall give to such person a final certificate, containing, in addition to the former one, the fact of the payment in full, and that said person is entitled to receive, from the state of Ohio, a deed in fee simple for said premises, on the presentation of this certificate to the proper officer or officers. state. SEC. 18. The auditor of state, upon the filing of any such Deed from the final certificate in his office, shall make out the draft for a deed therefor, and deliver the same, with such final certificate, to the governor of the state, who shall sign said deed, and cause the same to be sealed with the great seal of the state, and countersigned and recorded by the secretary of state, and by him delivered to the grantee, on demand. SEC. 19. All excess of moneys made on any sale of delin- Excess of money, how disquent lands as aforesaid, after paying all sums due, interest posed of. and costs, shall be paid, on demand, to such delinquent owner, his heirs or assigns, from the county treasury, on the order of the auditor, if such demand be made within one year from the time of such sale; and if not so demanded, it shall be paid into the state treasury; and, unless the same shall be demanded within one year after the same shall have been Fees. Acts repealed. paid into the state treasury, it shall be applied for the same uses as the lands are subject to. SEC. 20. The fees for services under this act shall be as follows: The court shall tax such fees on any petition filed in the same, as are allowed for similar services on proceedings in chancery. The county auditor to be allowed one dollar and fifty cents on each sale made by him; for each certificate, fifty cents; for each receipt, six cents, to be paid by the purchaser, and the same fees for recording as is allowed to county recorders, to be paid out of the first moneys paid in as interest or rents, on such sale or surrender. All printers' fees for advertising, shall be paid out of the county treasury, on the order of the auditor, and refunded out of the first moneys received on such sale, as interest or rents. The cost in court shall, in case of a petition by the trustees, be paid out of the county treasury, on the order of the county auditor, and refunded out of the first moneys received from the sale, as interest or rents; in case of a lessee being petitioner, all costs shall be paid by him. SEC. 21. The act entitled "an act to provide for the sale of section sixteen, granted by congress for the use of schools," Chase, 1552. passed January 29, 1827; the act entitled "an act to extend the time of payment to purchasers of school lands in this 41 v. Stat. 4. state," passed January 3, 1843; the act entitled "an act to regulate the sale of ministerial and school lands, and the sur render of permanent leases thereto," passed February 2, 1843; 41 v. Stat. 20. the act entitled "an act to amend an act entitled an act to extend the time of payment to purchasers of school lands in 42 v. Stat. 39. this state," passed March 6, 1844; the act entitled "an act to amend the act to regulate the sale of ministerial and school lands, and the surrender of permanent leases thereto, passed February 2, 1843," passed March 12, 1844; the act entitled "an act to fix the minimum price of the sales of school lands," passed March 4, 1845; and the act entitled "an act to amend an act entitled an act to extend the time of payment to purchasers of school lands in this state, and an act amendatory 42 v. Stat. 43. 43 v. Stat. 58. thereto," passed February 1, 1847, be, and the same are hereby repealed: provided, such repeal shall not impair, or 45 v. Stat. 21. in any manner affect any rights or interests acquired under any of said acts.* JAMES C. JOHNSON, Speaker of the House of Representatives. President of the Senate. CHAPTER XVI. An act to confirm sales made by the Trustees of the civil townships of section sixteen, and other lands granted by Congress in lieu thereof, to purchasers. [Passed April 5, 1856, LIII vol. Stat. 63.] WHEREAS, in many counties of the state of Ohio, through Preamble. misapprehension of an act entitled "an act to regulate the sale of ministerial and school lands, and the surrender of permanent leases thereto," passed February 2, 1843; also of an act entitled "an act to regulate the sale of school lands and the surrender of permanent leases thereto," passed April 16, 1852, the trustees of the civil townships have sold section sixteen to various purchasers, who have purchased said lands in good faith, have paid the purchase money and taken possession of said lands, and in many instances made large improvements on the same; therefore, in order to cure the defects in the titles of such purchasers to such lands, and to quiet them in the possession thereof, ed SECTION 1. Be it enacted by the General Assembly of the State Title confirmof Ohio, That such sales of section sixteen in the original surveyed townships or fractional townships, and all sales of land granted by the congress of the United States in lieu of said section sixteen, which have been made otherwise in conform An act to provide for the appointment of Register of the Virginia Military School lands, was passed February 22, 1852, 50 v. Stat. 108. As to the sale of Western Reserve School Lands, see 46 v. Stat. 38; 47 v. Local Laws, 232; 48 v. Stat. 53. ity with the provisions of the acts recited in the foregoing Speaker of the House of Representatives. President of the Senate. Fund estabished, etc. CHAPTER XVII. SCHOOL FUNDS. An act to establish a fund for the support of common schools. [Passed March 2, 1831. Took ffect June 1, 1831. XXIX vol. Stat. 423.] SECTION 1. Be it enacted by the General Assembly of the State of Ohio, That there is hereby constituted and established a fund, to be designated by the name of "the common school fund;" the income of which shall be appropriated to the support of common schools in the state of Ohio, in such manner as shall be pointed out by law; of which fund the auditor of perintendent. state shall be the superintendent, until otherwise directed by Auditor of state the su And how to keep account of funds from sale of school landa. Irreducible. law. SEC. 2. That whenever, and so often, as any moneys shall be paid into the state treasury, arising from the sale of any lands which heretofore have been, or hereafter may be, appropriated by congress, for the use or support of schools in any original surveyed township, or other district of country, in this state, the auditor of state shall forthwith open an account, in a book or books to be provided for that purpose, and shall pass the said moneys to the credit of such township, or other district of country; which said money shall constitute an |