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if payment be made before the day of sale; provided, that
this sub-section shall not apply in case of lots already laid
out, but such lots shall be sold entire; and in the advertise-
ment thereof it shall be a sufficient description to give the
number of such lot or lots and a reference to the plat of the
town provided for in Section 13, on which such lot or lots
shall be indicated and the place where said plat is recorded.
SEC. 16 D. And be it enacted, That the clerk and treasurer
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CHAP. 796
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shall, within thirtydays after the close of the sales respec-
tively made, herein provided for, make a full report of the
sales by him made to the Circuit Court for Montgomery
county, setting forth his proceedings in detail and showing to
whom and at what price such several parcels were severally
sold, the amount of tax, the interest accrued, proportional cost
of advertising such sale and the cost and expenses of making
and reporting said sale, including a reasonable counsel fee,
and of the surplus fund in each instance; with such report
he shall also file a copy of the printed list and notice afore-
said. The said court shall examine the said proceedings
and if the same appear to be regular and the provisions of
law in relation thereto have been substantially complied
with, shall order notice to be given by advertisement in such
newspaper or newspapers as the court shall direct, warning
all persons interested in the property sold to be and appear
in said court, by a certain day to be named in said order, to
show cause, if any they have, why said sale or sales should
not be ratified and confirmed; and in those cases where no
cause or an insufficient cause be shown against such ratifica-
tion the court shall, in one order, ratify and confirm the sale
or sales so made, and the purchaser or purchasers shall, on
payment of the purchase money, have a good title to the
property sold; but if good cause, in the judgment of the
court, be shown in the premises in relation to any piece or
parcel of land sold, the said sale shall be set aside as to
such piece or parcel, in which case the clerk and treasurer
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Report of sale
to be made
to the
Circuit Court
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shall, within thirty days, proceed to a new sale of the prop-
erty and bring the proceeds into court, out of which the
purchaser shall be paid the purchase money paid by him to
the clerk and treasurer on said rejected sale, and all taxes
assessed on said real estate and paid by the purchaser since
said sale, and costs and expenses properly incurred in said
court, with interest on such sums from the time of payment,
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New sale of
property
ordered.
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