116 



"It shall be lawful for the Commissioners to sell any such land by 

 public sale, and to make a deed therefor to the purchaser, but no tract 

 shall be sold for a sum less than the amount of taxes/costs and inter- 

 est, which shall be due at the time of such sale by the Commissioners." 



There exists the right under certain circumstances for the Commis- 

 sioners to sell unseated land for the best price which can be obtained. 



There is an important decision which should be mentioned here: 

 i. e., "when the biddings reach the amount of the taxes and costs, the 

 duty of a County Commissioner, as a public officer, ceases, and he may 

 purchase the land in his individual capacity." 



The owner may also redeem land, with consent of the Commis- 

 sioners, after five years, but he must have proof of such consent to 

 make the redemption valid. 



In Brightly's Purdon's Digest, Vol. 1, p. 523, I find the following 

 from the act of March 31, 1860. It appears to be so commonly over- 

 looked that I quote it here in full: "If any person shall cut down or 

 fell any timber-tree or trees, knowing the same to be growing or stand- 

 ing upon the lands of another person,* without the consent of the 

 owner; or if any person shall purchase or receive any timber-tree or 

 trees, knowing the same to have been cut or removed from the lands of 

 another, without the consent of the owner thereof; or who shall pur- 

 chase or receive any planks, boards, staves, shingles or other lumber 

 made from such timber-tree or trees, so as aforesaid cut or removed, 

 knowing the same to have been so made; the person so offending shall 

 be guilty of a misdemeanor, and being thereof convicted, shall be sen- 

 tenced to pay such fine, not exceeding one thousand dollars, or to such 

 imprisonment, not exceeding one year, as the court, in their discretion, 

 may think proper to impose." 



"The act extends as well to unseated as seated lands." 



"Possession under claim of title is enough. A tenant under lease 

 of years may be described as owner." "And it is unnecessary to prove 

 that the defendant knew who was the owner." 



We further quote from the same source of information: "If any per- 

 son shall knowingly and maliciously, cut, fell, alter or remove, any 

 certain bounded tree, or other allowed landmark, to the wrong of his 

 neighbor, or any other person, he shall be guilty of a misdemeanor, and 

 on conviction be sentenced to pay a fine, not exceeding five hundred 

 dollars, and to undergo an imprisonment, not exceeding one year." 



It may be well here to mention that in the counties of Clinton, 

 Centre, Butler, Lawrence and Mercer it is provided "that any person 

 or persons who shall wilfully and maliciously trespass upon, walk 

 over, beat down, trample or in any wise injure any grain, grass, vines, 

 vegetables or other growing crop," is liable for double the amount of 

 damage done and the cost -of the suit. And in the same counties if 

 any person or persons "enter any field, orchard, garden or close, with- 



