Tit. XI, Ch. 1. OFFICERS OF ORIGINAL TOWNSHIPS. Collection of rents of school and SS 1409-1413. has been given, shall make an order appointing three disinterested citizens of the county, who shall appraise, on oath, within twenty days, such tract, or lot, or part of a lot of land, on acual view thereof, without reference to the improvements thereon, under such lease, and within five days thereafter make out a report of such appraisement, and deliver the same, together with said order of court, to the clerk of the township in which said land is situated: the court shall make such further order, as to the payment and taxation of costs, as seems just and equitable. [54 v. 88, § 16.] SEC. 1409. All rents arising from any school or ministerial lands, ministerial lands. shall be paid by the lessee or lessees, to the treasurer, as they become due; and on failure of the payment, or for non-compliance with the conditions of the lease, the treasurer shall, when so directed by the trustees, bring a suit in the name of the trustees, before any court having competent jurisdiction; and, on final process, if goods and chattels cannot be found whereby collection can be made, or if mesne process can not be served, upon the return of the same, the trustees are thereupon authorized to re-enter upon the land of the delinquent or delinquents, and sell at public vendue his or their right and title in said lease or leases, to satisfy such rent, damages, and costs; in which case the trustees shall give twenty days' previous notice of the time and place when said lease or leases will be sold, by advertising the same in three public places, or by advertisement inserted in some newspaper published within the county, subjecting the purchaser or purchasers to the conditions contained in the lease or leases of the delinquent or delinquents; and in case the said lease or leases sell for more than the rent, damages, and costs, the surplus shall be paid over to the delinquent or delinquents. [29 v. 490, § 12.] Duties of treas urer. Meetings of trus tees to divide school money; and payment thereof. The clerk of the board of education shall furnish a copy of the enumeration of youth in the subdistricts within the township. Annual meeting SEC. 1410. The treasurer shall keep a book with full and accurate entries of all moneys received, and of all disbursements, and carefully file and preserve the vouchers relating thereto, which book and papers shall at all times be subject to the inspection of the trustees; and no moneys shall be paid out by the treasurer but upon the written order of the trustees. [29 v. 490, § 8.] SEC. 1411. The trustees, when there is money in the hands of the treasurer arising from rents of school lands, and at least once a year, shall meet at the office or residence of the treasurer, and make a dividend thereof among the several school districts, or parts of districts, within the township, in proportion to the number of youth of school age in the several districts or parts of districts; and upon their order making such dividend, the treasurer shall pay out said money. [29 v. 490, 9.1 SEC. 1412. The clerk of the board of education of any district which, in whole or in part, is composed of territory within the bounds of any original township incorporated as in this title provided, shall, on demand of the clerk of such township, furnish to him a certified copy of the enumeration of youth within the school age, residing within the bounds of such original township in the several subdistricts of such school district; and said dividend shall be made on the basis of such enumeration. [33 v. 49, $1.] SEC. 1413. The trustees, when there is money in the hands of the treasurer, arising from the rents or profits of ministerial lands, shall meet at his office or residence on the fourth Monday of April, annually, and make a dividend thereof to each religious society, agreeably to the provisions of the succeeding section; and said money shall thereupon be paid out by the treasurer according to the order of the trustees in making such dividend. [59 v. 30, 1.] SS 1414-1417. OFFICERS OF ORIGINAL TOWNSHIPS. to participate in the ministerial Tit. XI, Ch. 1. SEC. 1414. Each denomination of religious societies, having mem- Who are entitled bers residing in such township, shall be entitled to participate in such ministerial fund, and each of them after assuming a name, shall appoint fund, and in what proportion. an agent to receive its proper proportion, who shall produce to the trustees a sworn certificate, containing a list of the names of the members enrolled in the records of such society residing in such township, but no person shall be considered a member who is under fifteen years of age; and the trustees at their said annual meeting shall distribute said funds to the several societies, applying by their agents and producing such certificates, in proportion to the numbers of their members residing in such township, without regard to the township in which any such society regularly assembles for public worship. [61 v. 74, § 13; 41 v. 62, § I.] SEC. 1415. When either such school or ministerial section is in an The officers of original township where there are not four electors, the trustees and civil township shall perform dutreasurer of the civil township in which such section is situate, shall per- ties of officers of form the duties in this chapter prescribed for the officers of the original original township. township. [29 v. 490, $ 14.] SEC. 1416. All leases of school lands made by the trustees of the Certain informal original surveyed townships, anterior to the first day of June, in the leases made valid. year one thousand eight hundred and thirty-one, although not acknowledged before any officer authorized to take the acknowledgment of deeds for conveying lands, shall, nevertheless, between the lessors and lessees, be held valid to the same extent, and for the same purposes that they would have been, had they been so acknowledged. [35 v. 63, $1.] sees or trustees SEC. 1417. The county auditor, when it comes to his knowledge Duties of county that any lessee of school or ministerial lands has failed to pay the rent auditor when leshe is bound to pay, by the provisions of the lease thereon, or that the delinquent. trustees have failed to cause said lands to be reappraised according to the provisions of said lease, shall immediately notify the lessee, in writing, of his delinquency; and, upon receiving said notice, the lessee shall make full compliance with the provisions of his lease or the law, wherein he is delinquent, in default of which the auditor shall, in thirty days after notifying said lessee, as aforesaid, immediately notify the trustees of any such township of such delinquency, who shall proceed immediately to collect said rent, or cause said reappraisement according to law. [69 v. 76, § 3.] 1414. Where the claims of a religious society for a dividend of the rents of section 29 have been erroneously rejected, and the rents divided among others, for the proper year, such claim can not, by mandamus, be charged upon the proceeds of a subsequent year, each year having its own beneficiaries. State v. Trustees Tp. 4, 2 O. 108; Universal Church v. Trustees Section 29, 60. 445. The beneficiaries of the fund arising from the rent of section 29 (Ohio Company's purchase), being "every denomination of religious societies," persons associated to maintain a library, and having no system of religious faith, or public worship, or religious services, are not entitled to participate, State v. Trustees Tp. 9, 70. S. 58; and before any denomination can be entitled to any part of the ministerial fund they must form themselves into a society, in the township in which the section is located, and have given themselves a name; and the agent appointed to receive the fund must be appointed by the society, as a collective body, and not by the individual members of the society. State v. Trustees Section 29, 11 O. 24. 1416. Before the provisions of this section were enacted into law, it was held that a lease for school lands was not valid unless acknowledged by the grantors before a judge or justice. Atkinson v. Dailey, 2 O. 212. 1417. To effect a forfeiture of a lease for non-payment of rent, the exact amount due must be demanded before sunset of the day on which it falls due, on the premises, at the most notorious place. Boyd v. Talbert, 12 O. 212. An entry to forfeit leasehold estate for non-payment of rent must proceed for the entire tract of ground leased, without reference to sub-leases. The lease of school lands, under the law directing leases to be granted for ninety-nine years, renewable forever, reciting the law under which it was made, is to be construed a lease according to the statute, though in terms it imports a conveyance in fee. Hart v. Johnson, 6 O. 87. The act of April 16, 1872 (69 v. 76, applies to the school lands of the French Grant, as well as to the school lands of the original surveyed townships. Seeley v. Thomas, 31 O. S. 301. Tit. XI, Ch. 1. School lands may be sold. Proceedings been taken. OFFICERS OF ORIGINAL TOWNSHIPS. SS 1418-1424. SELLING. SEC. 1418. Section sixteen, and all lands in lieu thereof, granted for school purposes, may be sold, and such sales shall be according to the regulations hereinafter prescribed. [70 v. 195, § 133.] SEC. 1419. In cases where there has been no vote taken for the when vote has not sale of any such land, the trustees of any township to which such lands belong, shall, at least thirty days prior to the taking of such vote, cause not less than eight notices to be posted up in as many of the most public places of such township, notifying the voters resident therein to meet at some convenient place and time therein specified, and then and there cast their ballots for or against the sale of any such lands belonging to such township; and if such vote result in a refusal to sell said lands, the trustees may, in the same manner, authorize the taking of a subsequent vote as often as they deem proper; but no such subsequent vote shall be taken until one year has elapsed since the last preceding vote. [70 v. 195, § 134.] Trustees may authorize subsequent vote. Trustees of town at meeting. SEC. 1420. The trustees of the township shall preside at the taking ship shall preside of such ballots, and shall appoint two clerks, who shall keep two pollbooks, containing the names of the voters and the result of the ballot, which poll-books must be signed by the trustees and clerks; and in case such ballots result in favor of a sale, the trustees shall, within ten days after such election, deposit one of said poll-books with the auditor of the county within which said lands (or the greater portion thereof) are situated, with a copy of the notice given, and the affidavit of one or more of the trustees, stating the manner of giving said notices, and the time and place of putting up the same, which notices, affidavit, and poll-book shall be by said auditor copied into a book for that purpose to be provided, and when so recorded, such record shall be proof of the facts therein stated. [70 v. 195, § 135.) Poll-book shall be deposited with auditor. Trustees shall petition court of common pleas. Appointment of appraisers. SEC. 1421. When such record has been made, the trustees of such township to which said lands belong, shall file a petition in the court of common pleas of the county within which said lands (or the greater portion of them) are situate, setting forth the giving of said notice, the taking of said ballot, the result of the same, the filing and recording of the aforesaid papers in the office of the auditor of the proper county, and asking the court to appoint three disinterested freeholders, not resident of the township in which the land is situated, to divide and value the same in money. [70 v. 195, § 136.] SEC. 1422. If such court is satisfied that the statements made in the petition are true, it shall appoint three persons to divide and appraise the same according to the prayer of such petition; and said appraisers, after being first duly sworn before some officer authorized to administer oaths, and taking to their aid, if they think necessary, the county surveyor, shall proceed to divide said lands into such parcels or tracts as, in their opinion, will be best for the sale thereof, and return in writing such divisions, suitably numbered and described, to the court, with a just valuation of each separate division in money. [70 v. 195, $ 137-] SEC. 1423. The court, on such return being made, and having been shall be recorded. by it examined and found in all things regular, just, and fair, shall certify the same, and order it to be entered of record, together with the petition and all the proceedings therein had; a copy of which, the trustees shall cause to be filed in the office of the auditor of the proper county, who shall copy the same into a book containing the notice, affidavit, and poll-book, aforesaid, and immediately following the same. [70 v. 195, § 138.] Returns, etc., The sale. SEC. 1424. The auditor of the county, on the recording of said proceedings, shall forthwith cause a notice to be published in some §§ 1425-1428. OFFICERS OF ORIGINAL TOWNSHIPS. newspaper of general circulation in said county, for five consecutive weeks before the day of sale; and, at the same time, by posting up copies of such notice in six of the most public places in said county, two of which shall be in the township where the lands are situate, and one at the court-house, containing a description of the lots or lands to be sold, the valuation thereof, and the time when said lands will be offered at public auction by said auditor, at the door of the court-house, at not less than the appraised value thereof; one-third of the purchase money to be paid at the time of sale, and the balance in two annual installments of equal amount, with interest payable annually thereon; and said auditor shall, at such time and place, proceed to offer the same to the highest bidder on the terms stated in the notice. [70 v. 195, § 139.] Tit. XI, Ch. 1. In case no sale is made, how lands again. shall be offered such case. SEC. 1425. In case said lands, or any part thereof, are not sold as aforesaid, the auditor may continue to offer the same, on the applicacation in writing of the trustees of the township to which they belong, at any future time or times, until they are sold, having first given the like notices herein provided to be given on the first offer of sale thereof; but no sale shall be had on any valuation made more than two years prior to the day of sale. [70 v. 195, § 140.] SEC. 1426. The court is required, on the petition of the trustees Reappraisment in aforesaid, setting forth the former appraisement and the subsequent proceedings thereto, and that two years have elapsed, and the land remains unsold, to direct a new valuation of the same to be made in the manner hereinbefore directed, unless said court, on testimony, shall be satisfied that the former appraisement is a just and fair valuation of said lands in that case, the court shall make an entry of the fact, which entry shall be certified to and recorded by the auditor in manner aforesaid, and shall have the same effect as the new appraisement. [70 v. 195, $141.] etc. SEC. 1427. In case said lands are held under permanent leases, or In case of perleases for ninety-nine years, the legal or equitable holder of any such manent leases, lease, wishing to surrender the same, and to purchase the fee of the premises so held by lease, may, with the consent of the trustees of the original township to which such lands belong, file his petition in the court of common pleas of the county in which the largest portion of such lands are situate, setting forth a description of the premises so held, the date of his lease or his title thereto, that he is desirous of surrendering such lease and becoming the owner of the premises in fee, and asking the court to appoint three disinterested freeholders of the county, and not resident of the township wherein such lands are situate, to value the same; and the court on being satisfied of the truth of the facts set forth in such petition, shall appoint such appraisers, who shall proceed, under oath, to make a just valuation of the premises in money, without reference to the improvements made thereon, under and by reason of said lease, and shall return such valuation in writing to said court; and the court, if it is satisfied that said valuation is just, shall confirm the same, and order it, with the petition and other proceedings therein, to be recorded; but before the trustees of any township consent to the surrender of a lease, as provided in this chapter, they shall cause the proposition to be submitted to the electors of said township, at an election to be held and conducted in conformity with the provisions of sections fourteen hundred and nineteen and fourteen hundred and twenty; and if at such election, a majority of the electors vote for such surrender, then, and not otherwise, said trustees shall consent to the surrender in the manner and form as herein provided. [70 v. 195, § 142.] SEC. 1428. Any such lessee, on producing to the auditor of the Tit. XI, Ch. 1. OFFICERS OF ORIGINAL TOWNSHIPS. How release of lease to be made by lessee. Payments to county treasurers, etc. How payments made. County auditor shall report sales to auditor of state. Enforcing payment by sale, etc. SS 1429-1432. proper county, within one year after the making of the same, a certified copy of such petition, and appraisement, and confirmation, shall be permitted by indorsement thereon, attested by the auditor, to release to the state, all his interest, title, and claim, in and to such lease, for the benefit of the township, to which the same belongs, which certified copy of said record and said release, shall be recorded in a book for that purpose to be provided. [70 v. 195, § 143.] SEC. 1429. The purchaser of any such lands at an auditor's sale, or the lessee of any such land held under such lease, on executing his release as aforesaid, shall each forthwith pay to the treasurer of the county, one-third of the purchase money in the first case, and one-third of the valuation in the second, and take the treasurer's receipt therefor; and the auditor on receiving the treasurer's receipt for said first installment, shall give to said purchaser or lessee a certificate, containing the name of the purchaser or lessee, a description of the premises, the number, amount, and the time of payment of the subsequent installments, and that said purchaser or lessee, his heirs or assigns, on the punctual payment of the sums still due, with annual interest up to the time of payment, shall be entitled to receive a final certificate from such auditor provided, that such lessee shall produce to the auditor the certificate of the proper officer, that all rents due on such premises have been paid up to the time of surrendering said lease. [70 v. 195, $144.] SEC. 1430. A person wishing to pay any money under the provisions of this chapter, in part or full payment of any such lands, shall first obtain the certificate of the auditor of the amount due or to be paid; and on the presentation of the same, the treasurer is authorized to receive the amount therein specified, and shall give to the person paying the same a certificate, 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. [70 v. 195, § 145.] SEC. 1431. The county auditor shall keep an account with 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 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 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 lands belong. [70 v. 195, $146.] SEC. 1432. If the purchaser or lessee of any tract of section sixteen, or lands granted in lieu thoreof for the support of common schools, fail to make any payment on any tract of such land for the space of twelve months after the time the same becomes due and payable, the auditor of the county wherein the land is situate shall forthwith proceed to sell such tract, 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 21432. Under the act of April 16, 1852 (50 v. 168), no action is authorized to be brought against the purchaser to recover the unpaid purchase money. The remedy by sale or forfeiture, as provided in section 15, is the only remedy which the auditor is authorized to adopt, State v. Glidden, 31 O. S. 309; but where, by mutual mistake, a deed was made on the payment of less than the amount due, suit may be brought for balance. Seeley v. Thomas, 31 O. S. 301. |