Page:Federal Reporter, 1st Series, Volume 3.djvu/366

 OOBBIN V. OOUmSSIOKBBS 03t ITASHIKaTOS 00. 859 �the party claiming under the tax deed, executed to such persan or persons as the commissioners may direct. In ail such cases no interest shall be allowed after the person claiming under the tax deed shall bave received notice that such deed bas been discovered or adjudged invalid." �This remained the law until 1879, when saîd sections were respectively changed and repealed by chapter 40, Laws 1879. Section 2 of that cbapter is as follows : �"If the county treasurer shaU discover, before the sale of any lands or lots for taxes, that on account of any irregular assessments, or from any other eribr, such lands ought not to be sold, he shall not offer the same for sale; and if, after any certificat» shall bave been granted upon any sale, the hoard of county commissioners shall discover that, for any error or irregularity, such lands or lots ought not to be conveyed, they may order the county elerk not to eonvey the sam*; and the county treasurer shall, on the return of the tax certificats with a certified oopy of such order of the board of county com- missioners, refund the amount paid therefor on such sale, and such of the subsequent taxes and charges paid thereon by the purchaser, or his assigns, as may be so ordered by the board of county commissioners, ont of the county treasury, with interest on the amount so ordered refunded at the rate of 10 per cent, per annum; and in ail cases in which actions shall be nom pending, or may he hereafter commenced, the refusai of the county clerk to eonvey any lands or lots in- dorsed on any tax certificate shall not be deemed or held to con- ttitute prima fade evidence of any irregular assessment or other error for which such lands or lots ought not to be conveyed, nor thall any judgment be recovered against such county, or the board of county commissioners thereof, or liability held to attaoh therefor, under or by virtue of the provisions of said sec- tion 145, as theretofore and hereafter existing, or of section 120, c. 107, Gen. St., except in cases in which the board of county commissioners shall bave made an order for the refunding thereof, and then only for the amount specified in the order for such refunding, and in ail cases in which invalid taxes shaU be ineluded in auch certificate, and only to tha ����