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An Act to provide for the sale of lands bid in by the
state for delinquent taxes and for other purposes.
Section 1. Be it enacted by the Senate and House of Representatives of the State of Michigan, That so much of the act entitled “an
Amended. act to provide for the assessment and collection of taxes," approved March 8, 1843, as requires lands returned to the Auditor General's ofice for unpaid taxes, and on which the taxes, interest and charges are not paid, to be advertised and sold on the first Monday of October thereafter, be and the same is hereby repealed ; and lands returned as aforesaid, on which the taxes, interest and charges shall remain unpaid for one year succeeding their return, shall be advertised and sold in such manner as is now or may hereafter be provided by law :Provided, That no lands bid in by the State for taxes of any previous year, and remaining unredeemned, shall be advertised and sold as other lands, but shall be subject to sale as hereinafter provided.
Sec. 2. So much of the act above mentioned as authorizes the re- When cerdemption of lands sold for taxes at any time within two years suc- may be receeding the sale is hereby repealed, and lands sold to individuals under the provisions of the first section of this act, may be redeemed within one year succeeding the sale, and not afterwards : Provided, That if redeemed within three months after sale, three months interest shall be charged: if after three, and within six months, then six months interest; and if after six, and within nine months then nine months interest; and if after nine months, and within one year, then one year's interest shall be charged thereon at the same rate as is now provided by law.
Sec. 3. No land bid in by the state for taxes at the sales in the Lands not to year 1844 or any year thereafter, shall be offered at the annual sales Oct. sale. in October for any year's tax which was levied subsequent to the tax for which it was bid in, until it shall have been redeemed, or been sold by the state as provided in this act, but upon the amount due at the time when it would have been so offered, had it not been previously bid in by the state, there shall be charged interest at the rate of twenty-five per centum to the time of redemption or sale as hereinafter provided.
Persons Sec. 4. Any person or persons may redeem any lands, or any may rede'm.
part or interest which shall be clearly defined in any lands heretofore bid in, or that may hereafter be bid in by the state, at any time before the same shall be sold by the state as hereinafter directed, on payment at the state treasury, on the certificate of the Auditor Gene
ral, of the amount of bid or bids, with twenty-five per cent interest Proviso. thereon, from the day of sale to the day of redemption : Provided,
That the person applying to redeem shall pay or cause to be paid at the time of such application, all taxes, interest, and charges that shall remain unpaid on said lands, in the Auditor General's office at the time of such application, and not otherwise. And provided further, That such payment shall not be construed, as conferring any title upon the person making the same ; and shall have no other effect than 10 re-lease any lien or title acquired by the state by virtue of any sale or sales at which the same was bid in by the state.
Sec. 5. The Auditor General shall furnish to each of the county treasurers of this state on or before the first day of August, 1845. and 1847, and in each and every year thereafter, a full and accurate statement of all lands in his county, that may have been bid in for the state, located in their respective counties, on which the time of redemption would have expired, had the same been sold to individuals, and which shall remain unredeemed until the first of June previous to said first day of August. Said list shall show the aggregate amount of all sums due to the state on each description of land, for redemption from sale and interest thereon, and all taxes and interest which shall have remained in the Auditor General's office unpaid for one year previous to the said first day of June; the interest 10 be computed to the first Monday of October following the publication of said list : Provided, for 1945 it shall not be necessary for the Auditor General to furnish to the county treasurers any other list than is
now published. Statement
Sec. 6. The Auditor General shall cause the statement thus fur10 be published. nished, to be published for six weeks successively next previous to
the first Monday of October 1845 and 1847, and each and every year thereafter, in the manner now designated by law for the publication of lands delinquent for taxes; and shall cause to be published therewith a notice that the lands described in said statement will be sold at
· public sale by the treasurer of the county wherein said lands are si.
tuated, at the time and place designated for ordinary tax sales, under the direction of the Auditor General. The said notice shall also state the minimum bid receivable at such sale shall be the aggregate so found due as aforesaid : Provided, That the aggregate amount for which lands shall be offered in 1845, shall be the amount due the state
for all years to and including 1840, with the interest thereon to the !
day of sale. The county treasurer shall, on payment of the purchase money, issue certificates of sale to the purchasers, in such form, and make such returns of sales to the Auditor General, as shall be prescribed by him, and shall also transmit the monies received on such sales to the State Treasurer in such manner as shall be by him directed.
Sec. 7. On the day designated in the notice aforesaid, each county treasurer shall commence the sale at the place designated, and continue the same from day to day, (the first day of the week excepted,) until he has offered all the lands embraced in his said list, which shall not be redeemed or otherwise discharged ; and he may re-offer and sell any description where a bidder shall refuse to pay his bid for twenty-four hours after the lists are gone through ; or he may in his discretion demand immediate payment; and if not paid, cancel the bid and re-offer the lands. Sec. 8. The Auditor General shall on presentation of the certifi
Deod. cate of sale at his office, or as soon thereafter as may be, execute a deed of the lands to the purchaser, or his assigns, which shall convey the right acquired by the state under the original sale or sales to the state, subject to all taxes duly assessed on the lands described therein ; which deed shall be deemed prima facia evidence of the correctness of all the proceedings to the date of the deed, and when duly acknowl. edged may be recorded and admitted as evidedce in courts of justice.
Sec. 9. Purchasers at the sale aforesaid may also at their option, pay to the State Treasurer on the certificate of the Auditor General may be paid the amount that may be due the state on the lands they may severally purchase, that may have been bid in by the state for taxes of any year, and acquire all the rights of the state to a deed thereof, if not redeemed, and to the redemption money, if redeemed, the same as though they, instead of the state had been the original purchasers. Sec. 10. The Auditor General shall have power, and it shall be
Lands to be struck off to tho state.
sent to co.
d. Gel. his duty to cancel the sale provided for in this act, in all cases where
the original sale to the state be shown to his satisfaction to have been for any cause invalid, and he shall on demand draw his, warrant on the treasury for the amount of purchase money, and seven per cent interest in favor of the purchaser or his assigns, and no person refu. sing or neglecting to take the purchase money, and surrender his deed for cancelment, shall be entitled to interest after he shall have been notified by the Auditor General that the sale has been cancelled :Provided, Such proof shall be offered to the Auditor General within two years from the date of such sale and not after.
Sec. 11. All lands offered at public sale as required in this act, on which no bid is made equal the minimum price designated, and which shall not have been redeemed or otherwise discharged from the tax due thereon, prior to the first of March succeeding the day of of. fering them, shall be struck from the assessment rolls, and not again
be assessed until they are sold by or redeemed from the state. Lists to be Sec. 12. For this purpose the Auditor General shall transmit to clerks. the several county clerks, in the months of March in each year, lists
ot' all lands to be struck from the assessment rolls in the several counties, and lists of such as have been previously struck out, but are to to be restored and again assessed ; and the several county clerks shall transmit a list before the first Monday in April following, to the several supervisors, designating such lands in their respective townships as are to be left out of the assessment roll, and such as have been previously left out, but are to be restored. The Auditor General shall also furnish a duplicate copy to each county treasurer for the use of his office.
Sec. 13. On application to the Auditor General for deeds, as proOmico char- vided in section eight of this act, the purchaser shall pay an office paid.
charge of twenty-five cents for the first, and six cents for each subsequent description contained in each deed, which shall be paid into the State Treasury to the credit of the general fund.
Sec. 14. To the several printers there shall be paid for publishing Printers the statements and notices herein directed, at the rates allowed by law how paid,
for the publication ot lands delinquent for taxes for the current year; the amount to be audited and allowed by the Auditor General, together with the expenses of postage and sale by the county treasurers and paid by warrants drawn by him on the general fund.
Sec. 15. That so much of the eighth section of an act to amend Repeal. an act entitled “ an act to provide for the assessment and collection of taxes," approved March 8, 1843, and for other purposes, approved March 11, 1844, as provides that after the year 1844, the counly treasurers shall designate the newspapers in which the tax lists shall be published, be and the same is hereby repealed ; and the Auditor General shall for the year 1945, and for every year thereafter, designate the newspaper prior to the first day of April, in each year, and cause the tax lists to be published agreeably to the provi. sions of said amendatory act, approved March 11, 1844: Provided, however, That after the present year he shall designate no paper in any county unless it has been established in such county for six months prior to the first day of April : And provided further, That if there be but one newspaper in a representative district, then the tax printing of that district shall be given to the said paper.
Sec: 16. That the provisions of an act entitled “ an act in relation to certain actions of ejectment," approved February 17, 1842, shall apply to this act, and that all actions of ejectment in which the title of lands shall come in question by virtue of the sale thereof, as above specified, shall in all respects be governed by the provisions of that act.
Sec. 17. This act shall take effect and be in force from and after its
relation to certain actions in ejectment.”
Amendmcat tives of the State of Michigan, That all after the word "ejectment," in the third section, and also the fourth and fifth sections of an act entitled "An act in relation to certain actions in ejectment,” approyed February 17, 1842, be and the same are hereby repealed.
Sec. 2. This act shall take effect and be in force from and after its passage. Approved March 20, 1845.