SALE OF SECTION SIXTEEN. SECTION 1. Duty of the county assessor.-To provide a book and take the votes of the inhabitants.-Time and manner of proceeding.-Voters to sign their names. -Provision when a county line divides a township.-Form.-Book to be given to the county auditor.-County assessor to give notice. 2. How disposed of. 3. Votes may be contested.—Proviso directing the proceeding on contest of votes.-County auditor and two associate judges to determine the contest. 4. When no vote taken or the vote fails, the citizens may petition the county auditor for a vote to be taken. 5. State auditor to report to the legislature, annually.-Proceedings on report.Proviso when section lies in two counties. 6. County assessor to value land and improvements after sale.-Which valuation shall be returned to the auditor of state. 7. Duty of county auditor on sale of land not leased.-Land to sell for the amount of the appraisement.-Conditions of payment. 8. Lands not sold at public sale may be sold by county auditor at private sale.— Proviso if two or more persons apply for the same tract. 9. Manner of making payment after sale. 10. County auditor to keep a book of sales.-Also to keep a day book and ledger for accounts.-County auditor to report to state auditor quarterly. 11. County treasurer to keep an account of moneys received, and report quarterly to the auditor of state.-To pay over to state treasurer annually. 12. County auditor, on sale, to give purchaser a certificate, stating the terms of sale. 13. Purchaser failing to pay instalments, county auditor to sell the land.-Proviso as to the conditions of sale. Surplus to be paid to original purchaser.-Proceeding when purchaser fails to pay. 14. On completing the payments, auditor to issue a final certificate.-Duty of the auditor of state.-Deed to be signed by the Governor. &c. 15. Compensation.-Assessor's compensation.-County auditor's compensation.County treasurer's compensation. Duty of the county asses sor. An act to provide for the sale of section sixteen, granted by Congress for the use of schools. [Passed and took effect, January 29, 1827. 25 v. Stat. 56.] 1. SEC. I. Be it enacted by the General Assembly of the State of Ohio, That it shall be the duty of the assessor of each county, in which there shall be situ To provide a book and take the votes of the inhabitants. ate an original surveyed township, or fractional part thereof, to which section sixteen, or fractional part thereof, or other section, or fractional part thereof, may belong, whether the land belonging to such original surveyed township, or fractional part thereof, be situate within such county or elsewhere, before he commences the duties of his office, on the first day of April next, to provide himself with a suitable book, in which he shall take the votes of all the white male inhabitants, over the age of twenty one years, residing in the bounds of such original surveyed township, or fractional part thereof, which shall have at least the number of twenty of such inhabitants residing therein, and who shall have resided therein for twelve months next preceding the first day of April, aforesaid, whether such white male inhabitants be or be not citizens of the United States; and it shall further be the duty of said assessor, between the first day of April and the twenty fifth day of May next, to call Time and manupon all the white male inhabitants, residing as afore- ing. said, and request any such inhabitant to give his vote for or against a sale of the school land belonging to such original surveyed township, or fractional part thereof, by signing his name under the head of the Voters to sign proper township, or fractional part thereof, and in the proper column; and if such inhabitant be unable to write, the assessor shall write the name of such inhabitant, to which he shall affix his mark of approbation; and in all cases where a county line shall divide Provision when a county line an original surveyed township, or fractional part divides a townthereof, the assessor of the county wherein the greatest quantity of land, belonging to such township or fractional part thereof, shall be situate, shall take the vote therein; but if it be uncertain in which county the greatest quantity of land be situate, then the assessor of the oldest county in which any part thereof be situate, shall take the vote therein; which said ner of proceed their names. ship. Form. Book to be gi ven to the county auditor. County assessor to give notice. How disposed of. vote shall be entered in said book by said assessor, in form following, as near as circumstances will permit, viz The votes of the white male inhabitants, over the age of twenty one years, residing within the bounds of original surveyed township (or fractional part of township) number, in range, in the county of (there being twenty of said inhabitants within the same) for and against the sale of lands, granted by congress for the use of schools, within the same, viz Names of those who vote in favor | Names of those who vote against Which said list of votes, so taken as aforesaid, the said assessor shall deliver to the county auditor of his county, on the first Monday of June next, after taking the same; and it shall be the duty of the county assessor, at least three weeks previous to entering on the duties assigned him in the preceding part of this section, to give notice by advertisement, set up in the different townships in his county, stating that he will attend between the first day of April and the twenty fifth day of May next, for the purpose of taking the vote of the inhabitants for or against the sale of section sixteen in said townships. 2. SEC. II. That said county auditor shall preserve the book of votes returned by the assessor, as aforesaid, in his office, and the same shall at all times be open for the inspection of the inhabitants of said county. And it shall be lawful for any inhabitant of any such township, or fractional part of a township, who shall have a right to vote, agreeably to the provisions of the first section of this act, but who shall not have voted as therein provided, to vote under the inspection of said auditor, by writing his name in said book, under the head of the proper township, or fractional part thereof, and in the proper column, and said book shall remain open to receive votes as aforesaid, until the third Tuesday of October next, after depositing the same. contested. Proviso directing the proceeding on contest of votes. 3. SEC. III. That any inhabitant of any such town- Votes may be ship, or fractional part thereof, who shall have voted as herein before provided, may contest the right of any other person or persons who may have voted as aforesaid, within the same township, or part of township as aforesaid, and may take the testimony of witnesses, before any justice of the peace in such county, relative to such contest; provided, that if the person whose right to vote is contested shall continue to reside in such township, or fractional part thereof, at least five days notice shall be given him in writing, of the time and place where testimony will be taken; and the person whose right to vote is contested, as well as any other inhabitant who may have signed the list of votes in such township, or fractional part thereof, may in like manner take testimony, by giving one days notice thereof to the contestor; and for this purpose the justice, before whom testimony is intended to be taken, may, at the request of the party who wishes the same, summon witnesses to attend as in case of taking depositions; and after the testimony relative to such contest shall have been reduced to writing, the justice taking the same shall enclose the same under seal, direct it to the county auditor of such county, and deliver it to the party at whose request the same shall have been taken, who shall deliver the same to the county auditor on or before the first Tuesday of November next, after taking the same. And the said county auditor shall call to assistance two associate judges of such county, or two justices of the peace, or one of each, on Wednesday next after said first Tuesday of November aforesaid, which said county auditor, and judges and justices, shall, at the seat of justice in said coun his County audit or and two as sociate judges to determine the contest. When no vote taken, or the ty, at the time last aforesaid, hear and determine all such contests, and their decision thereon shall be conclusive; and they shall then and there proceed to and strike from the list of votes given in any township, or fractional part thereof, any vote decided by them to have been improperly given, and shall then count the number of legal votes given in favor of selling the school lands belonging to such township, or fractional part thereof, and also the number of legal votes given against selling the same; and shall thus proceed with the votes given in each and every original surveyed township, or fractional part thereof, in such county, until the whole be counted; and they shall then make a certificate, therein distinctly stating the number of votes given in each of said original surveyed townships, or fractional parts thereof, for the sale of the school lands belonging to the same, and also the votes given against selling the same; which list shall be by them signed, and by the said auditor preserved in his office, of which said certificate the said auditor shall make duplicate copies, one of which he shall forthwith forward by mail to the auditor of state, and the other he shall forward to said auditor by one of the senators or representatives of his county. 4. SEC. IV. That where no vote of the inhabitants vote fails, the of any original surveyed township, or fractional part thereof, shall be taken as herein provided, or where for a vote to be the vote so taken shall be against selling the school citizens may petition the county auditor taken. lands belonging to such township, or fractional part thereof, it shall be lawful for any inhabitant of such township, or fractional part thereof, in the month of March, of any year after the year eighteen hundred and twenty seven, if there shall then be twenty white male inhabitants above the age of twenty one years residing therein, to present a petition to the county auditor, signed by at least twelve of said inhabitants, |