Indiana Palladium, Volume 5, Number 7, Lawrenceburg, Dearborn County, 21 February 1829 — Page 1

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EQUALITY OF RIGHTS 15 NATURE'S PLAN AND FOLLOWING NATURE IS THE MARCH OF MAN. Barlotv. Volume V. LAWRENCEBURGII, INDIANA; SATURDAY, FEBRUARY 21, 1829. Number 7.

A LAW OF INDIANA. An Act to authorize the sale . of the School Lands, and for other purposes. Sec. 1. Be enacted by the General Assembly of the Stale of Indiana, That each, and every congressional township within this state shall be and the same is

hereby constituted a body politic and corporate and in their corporate nam1, and capacity, may sue and be sued, plead and be impleaded in any court of competent jurisdiction. Sec. 2. That any five of the freeholders of any township, may call a meeting of the inhabitant?, by notifying the same in writing to be posted up in three of the most public places in their township, at least twenty days prior to the time of such meeting the meeting to be held on I lie section reserved for the support of school, or as near thereto as a convenient place can be had; and in case a majority of the qualified voters of the township should be present, shall proceed to doteimine by vote, whether they will sell tilts said reserved section or not; which election shall be conducted in the tame way as is directed by the law regulating the election of state and county officers and should a majority of the qualified voters be in favor of a sale, the clerks of the meelhfg shall within ten days, certify the same under oath to the schorl cernmissioner of their respective counties, provided that such election shall not be had unless there shall he at least twenty actual voters within the township. Sec. 3. The electors of the township shall at such meeting elect three trustees, who shall be freeholders or house holders of the township, who shall severally hold their offices for one year, and until their successors shall be duly idecfed and qualified, which election? shall be annually on the first Monday in September; but in case no elections f hall be held on that day, the same may be held on any subsequent day prior to fcuch elections. Sec. 4. The trustees so elected shall he denominated the trustees of congressional township No. Range and be severallv sworn to the faithful discharge of the duties by this act enjoined upon them. They shall appoint a township clerk for the time being, who shall be sworn in like manner ns the trustees. Sec. 5. Should a majority of the voters iaany township be io favor of the tale of the reserved section, the trustees thereof shall forthwith subdivide such sections into such ub divisions, and I ;ls as will best suit puchasers, and ensure the best price for svaid land; and shall fix a minimum price to each subdivision below which the same shall not bo sold, and which shall in no case be less than one dollar and twenty-five cents per acre. All of which the clerk of said town ehip shall forthwith certify to the commissioner of the school lands of such county hereinafter provided for, who shall record the same at length in a hook to be provided for him, by the county, and shall proceed to sell such sections, by said divisions at public auction to the highest bidder. Sec. 6 The commissioner aforesaid bhall before any such sale, give at least sixty days notice by posting the same in three of the most public places in said township, at the courthouse door and ut such other places, as he deem proper, and also by advertisement in some pubHe newspaper; the sale to be at the coui t house door of the county, between ten 'clock A. M. and six P. M. and may be adjourned from day to day until the whole be completed. The commissioner shall record the said sale in his book, nnd return a true copy thereof to the recorder of the county within five days thereafter. Sec. 7. The commissioner shall require lobe paid at the time of sale one fourth of the principal, and legal interest in advance on the residue for one year: the remaining three fourths of the purchase money to be paid on a credit of any length of lime to suit the puchaser, his heirs or assigns, not exceeding ten year-, the ltgal interest on which to be paid annually in advance for one year at the commencement thereof; anda failure to pay the interest so annually accuring Irom the date of sale, or the residue oi the principal for the space of sixty days, alter the same shall become due- shall 7n-o facto, be a fnr failure of the tract of i j - land, upon which the same shall be due and unpaid, and the benefit of any pay

to the township, and the commissioner

shall forthwith sell the said tract so for feited as above, on the original sale. The trustees of any township may with the concurrence of (he lesec, of any part of the reserved section therein, cancel any unexpired lease and if not the trus tees so direct the commissioner as other tracts, but subject to such lease, the full beneiit of the conditions of which shall enure to the purchaser and his assigns, who shall have full power by law in his own name to require, the fulfilment of such lease. Sec. 8. For the purposes in this act " f I A 1 111 - specinea, mere snail ne a commissioner elected by the qualified voters of each connty,at such time as shall be appoin ted by the board doing county business, which election shall be conducted in all respects as provided in the law regula ting general elections, who shall, previ ous to entering upon the duties of he office, give bond in the penally of twenty thousand dollars, with six freehold securities to be approved of by the associate judges of such county, conditioned for the faithful discharge of the duties of his ofhee, which shall be filed and recorded in the recorder's office, and he shall also take an oath for the faithful execution of said dulies: The said commissioner shall receive all monies accruing from the sale of the school lands of his county, as interest or principal ; and shall, at the first session of the board doing county business, after such receipt, file an account lhereof,specifying distinctly, how received, to whom loaned, the securities, and balance due; which report shall be filed by the clerk of such board: The said commissioners shall hold their offices for the term of three years, and until their successors be oppeinted and qualified; but they shall be liable to removal by the board, upon failure to efive additional security, if by them at "any lime required, or upon conviction by indictment, of any malversation in cilice, or incapacity to discharge the duties of the office: Tne Treasurer of any county may receive the appointment of commissioner without resigning his office as treasurer. Sec. 9. The said commissioner shall be allowed the sum of one dollar for every day neccessarily employed in selling aid lands, which, when allowed by the board doing county business, shall be paid out of the county treasury, and lie shall deliver to his successor, on demand all his books, and papers touching his office, under the penally of five hundred dollars, to be recovered by action of debt, iii the name of the slate of Indiana, for the use of sach township, by suit against such comrnissionerand his securities, who are declared liable therefor on their bond. Sec. 10. The purchaser shall receive of tiie commissioner, upon m iking the first payment as above, a certificate feu the tract bought in substance as follows: "A. B. having on this day purchased, (here describe the tract,) being part of the school section in such township, fur Ihe sum of dollars cents, of wnich he ha paid dollars cents, that beincrthe one fourth part of Jsucli purchase money and one years in terest in advance, on the residue ol said principal dollais cents,! i t ten years from this date, together with six per cenl interest thereon annually in advance; then, he the said A. B. or assignee or representative, shall be entitled to a deed in fee simple for said tract in the name of said township, but on failure to pay said interest as it annually accrues or the residue of said principal, within sixty days after the same may become due, the said tract and purchase shall be forfeited as if the same had not been sold. Witness my hand and seal this Jay of Commissioner. Sec. 11. Any persons who may bid off any tract of land offered for sale under this act, and who fails to make the first payment above required, shall be liable to pay ten per cent, on the sum so

bid to be recovered by said commission-!j,lri5diclion

er, by action of debt, in the name of the proper trustees. The commissioner or deputy shall he a competent witness. Sec. 12. Upon full payment of interest and principal, for any tract of such school land, the proper commissioner shall execute a deed in fee simple therefor to the purchaser, his, her, or their as signs, or legal representatives, in the name of the township, but no assignment of any certificate for any such tract shall be recognised by such commissioner, without strict proof in a court of justice unless the same be acknowledged before

such commissioner, which he shall take and record. Sec. 13. Whenever any school section shall be divided by a county line the commissioner residing in the county where the greater part of the section is situate, shall have the sole control thereof, as of others in his county ; and if a county line shall equally divide any such section, the trustees thereof may select in which county the said section shall be managed and sold.

Sec. 14. That it shall be the duty of the commissoner of each county, in his rcord book, to keep separate accounts of the interest and principal in distinct entries, received from the proceeds of each school section unconnected with each other. Sec. 15. The commissioners of the school lands of each county, is hereby authorized to loan out at six per cent, interest, payable in advance, and annually thereafter, all monies that may come into his hands from said sections as principal or interest, upon freehold security in lands, giving however, a preference to applicants therefor, who are citizens and freeholders oi the res pective township to which said money may belong who may apply therefor within thirty days after receipt, by their giving sufficient landed security; which loan shall be made for a term not less than one, nor more than three years. Sec. 1G. Previous to any person be ing entitled to loan anv such monies he, she or they shall file with said commissioners the certificate of the Recorder of the proper county, that a deed for said land is duly recorded in Uis office, or that said applicant has a pateut therefor from the United States, and that there is no mortgage, claim or lien thereon of record in his ofi'iee; and also the certificate of toe clerk of the circuii court of the county that there is no suit pending nor judgment of record in his office against tuch applicant, v. hereby such land tray be affected, accompanying which, hall be the affidavit of th applicant, that said land is free and unincumbeivd in anv vav whatever. The trustees of such township shall thereupon appraise the value of such land exclusive of buildings and deducting any contingent interest of dower or tenancy hy courtesy; and upon such valuation lih-rd in writing, the said commissioner shall loan such applicant ;;ny sum not exceedhu half the estimated value of such any instance exceeding to lands, nor in one appplicant or agent, three hundred dollars: Provided, the said applicant shall first execute to the said commissioner and his successors in office, for the use of the township to which such money belongs, as security for 1 ho money go to be loaned, a duplicate mortgage to ihe lenorand chert follow intr, to wit J, A. b. of the count f Inover diana, do hereby rnor-gs assign and transfer to Commistior.er of the school lands of the conntv of and his successors in office fnr the use of Tounship Range in said county the following described land to wit: which land 1 declare lo be in mortgage to secure the payment of in vc-ars from date, with legal interest thereon payable each year in advance. And 1 do agree that said kind and all mv title, claim or interest therein may be exposed lo sale, if the money be not paid at maturity, for the principal and interest, or either of them, at the time when the same or either of them shall become due and payable, or w ithin fixly days thereafter, with five per centum damages thereon and all coate, according to the provisions of an act of the General Assembly of the state of Indiana entitled an act to authorize the sale of the school lands and for other purposes, and I hereby acknowledge my self bound for the payment of any deficiency in the amount of principal, interest or cost, so due, accruing after such sale, remaining to le recovered by said comnmsioner or his successor in office, in an action of debt before any court having competent witness of which I hereunto set my hand and seal this day of Seal. One of which duplicate mortgages shall be filed and recorded in the recorder's office of the proper county, and the other filed and retained by said commissioner. Sec. 17. That if any default he made in the payment of interest accruing on any loan" hereby authorized for the space of sixtv davs next alter Ine same j j may become due, such default is hereby declared and constituted a forfeiture of

the further extension of credit on uchger shall subject said premises to dower loan, and the full amount of principallor tenancy; nor shall any right of dower

and interest then remaining unpaid. shall thereupon become and be due, and payable instanler ; Mid upon such failure so to pay the interest or to pay the prin cipal when due, the proper commission er shall forthwith advertise the premises moitgnged in security therefor for pullic sale in the same manner that real estate taken in execution is required to be advertised, and shall upon the day so notified sell the said mortgaged premi ses to the highest bidder for ready money; and shall retain out of the proceed? thereof rive per centum on the amount for his trouble; with aliother costs accru mgon said sale, and the full amount of principal and interest unpaid on said loan, pay ing over the residue, if any, to tne mortgager of said tractor his If gal representatives; aud in case the amount made by such sale be not sufficient to pay the principal and interest so unpaid. aiiu ctii costs aud per centum, said commissioner shall forthwith proceed to recover the residue unpaid or ret made by action of debt against such person or per sons, owing the same in any court of competent jurisdiction. Upon sale of tne mortgaged premises, as above, the commissioner shall on receipt of the purchase money, convey the mortgaged premises sold to ihe purchaser by deed, in as ample a rr anner as the person mortgaging could personally have done. Sec. IS. When two or more applications are made at the same time for the same money, the commissioner shall loan it to either at his discretion, in conformity with ihe provisions of this act, upon he beat security; and any commissioner who may retain money in his hands ari sing from the sale of the school lauds of his county, when the same could have been loaned upon good security, shall upon conviction thereof, be fined in any sunt not exceeding 00 dollars, and shall be deprived of hi said office, and shall, with his securities be liable upon his official bond, to pay the whole niriownt so retain ed, together will, twenty per centum thereon. Sue. 19. It shall be the dutvofthe commissioner of any school laud when he shall loan ni ney under the provisiuns ol this act , to retain out of the amount loaned and charged to ihe Uurlower, one v.year's interest at six pel cent, per annum on the whole sum in advance, and also ail proper cost and s charges allowed again&l such person borrowing. The following feed and Costa shall bvi allowed and chaiged for the services heicinnfter enumerated, to wit: iicKunwif dcment cn a certihcale, - 12 l - For each certificate of purchaser. ----- 23 For each mortgage, - - 10 For each entry of payment of principal or interest, - 25 For each appraisement of each tract to each trustee, - 25 For selling mortgaged premises five per centum besides the cosi of advertisement, for making deed to purchaser, - - - - 75 bor entry of satisfaction of re cord on mortgage, jo j. j ihe recoider shall be allowed for recording each mortgage, - 25 The clerk of the county board shall be allowed for recording all documents, required to be entered hy him, or ofhei

writing, twelve and a half cents per one;of Sat.m from Sedgwick, Maine, in

hundred words, and for all olher servi ces not herein provided for, according to such prices as may be established and allowed by the board doing county bu siness for such services to be paid by the borrower ; and all persons borrowing moneys derived from the sale of school lands shall at the time of obtaining the same, leave in the hands of the commissioner the fees which may have Accrued, as ahove specified to such commissioner and appraiser and also the fee for recording the mortgage; artd in all cases cf unsuccessful application to borrow such money, such applicant, shall be liable to pay all costs arising thereon, to be recovered at the suit of the person entitled thereto. . Sec. 20. Nothing in this act contained shall prevent any purchaser from paying off the full amount of the purchase money at the lime of such purchase, or at any time thereafter: Provided however, That no such prompt payment shall entitle such purchaser to a re-payment of any interest that may have been paid in advance. Sec. 21. When any land mortgaged under this act, shall at the time thereof be unencumbered by dower or tenancy , 03 subsequent marriage ofthemortga-

or tenancy, existing at such lime ofmorU

gage, be allow ed after the decease of the person having &ucn right at said limes And when any mortgager under this act shall die and there shall be a default of the interest or principal of the sum by him, her orthem,Dorrovved on the preniU ses mortgaged as above' it shall not bo uecefS-iry f. r the proper commissioner td give any notice to the heirs or represent uihcs of such decedent, other than tha public notii; for the sale thereof, above r q airt d ; ; d the commissioner shall s-tl said mortg aged premise?, as others forfeited in the life lime of the mortgager; ar;d the heirs of such mortgager shall never be allowed to object to the title of ii.y purchaser of such premises, for want of notice; but such purchaser's title shall be valid, as if procured in the life time of the mortgager: Provided,, that any mortgager, his, her, or their heirs or representatives, may at auy time before the sale thereof, redeem any mortgaged premises, by pay ment of the intert si due, w ilh all cosls, if the sale be for the inteiest only; of by the payment of the pricipl, interest, and all costs, if the same be due: And it is hereby made the duty of gaid commissioner, as above, on default in the payment ofinter est or principal of any school funds in a ny way, to collect the same folhwith, as in this act provided. Sec. 22. All school lands sold under this act shall not be subject to taxation either for state or county purposes, until the same be finally paid out;' and when any mortgager under this act, shall fail to pay the stale or county lax on any tract mortgaged, the proper collector shall first nwke such tax out of the per sonal estale, or other lands of such mort gager ;but on failure to make such ta iheiefrom, the collector shall make the same by sale of such mortgaged premises as other lands aie sold for taxes; subject how ever, lo ine mortgage money piedged thereon and all costs about the 6ame arising; And it shall be the duty rf each collector, pie.vious lo the sale of any land for taxrs in his county, to' procure from ihu commissioner aforesaid, of his county, a statement of the mortgagemoney , iiitt rest and cost upon any tract moiUag:d, upon which any tax is so unpaid ; which such commissioner shalj furnish. Sec. 22. The siid commissionera shall keep tl.-eir ifficts at their dwelling hoi.sca in their county ; aud in case of the m kness or absence of any such commis bionei , his duties may , in every respect joe pcih.rmed hy a deputy, by him to pa appoinied; sajch commissioner and his - 2'Sc eurrties being responsible for the acts oi s-uch deputy. Stc. 24. The trustees and clerk of eat n lownship, shall, in full for their serviccsj be exempted from militia duty in lime of peace. A proved January 23, 1820, Jllore about the Sea Sovent. Extract of a letter from Mr. Benjamin Rogers to Samuel L. Mitchell, drfted January 27, lb29: 1 have this day conversed with Cap o! tain Dixon, of Gape Ann, who is now in jNew York. He is the man w hose name was alt a ched to the famous stoiy cf the sea serpent in the year 1821. He stated lo me personally, that the whole story was a hoax, ft was merely this: . r'in i:iio O. mastpr of th slooo Nancv. 1821, w as bound into Salem harbor. On passing the eastern point of Cape Ann, he was called from the cabin by an old pilot, then on board, and at the helm, whose name was Flowers. Now, said the old son of neplune, we will give the Salemites a fish story. See here, Captain Dixon, immediately on the starboard side is a range of small rocks near eacholher, about seventy feet in length ffom east to west, covered with sea weed ant barnacles, which will answer for thfc bunches and scales of a sea serpent's back, and on your compass is a picture representing a serpent w ilh its jaws ex tended, and shutting its forked tongue. His head is now in bightjaiid :jboVe the vessel's quarter in height. Take it altogether, said the veteran maiiner this is just the touch for the famous believers in witchcraft. On the arrival of the slcop Ihe pilot told the story in glowing certainty. The Captain being called upon to certify, a)s, that in a joke he assented: liltle thinking his name, with vouchers, was to be transported to all parts of the country wherever the mail md newspapers travel. Last y ear iheie was paid for marriage licences iv. Maryland 4,264 18.