Fayetteville observer. [volume] (Fayetteville, Tenn.) 1850-1966, 1856-05-22
AN ACT
heqn'rsng The Sale Of Land or .S'avss
TO be adcertised in a Newspaper.

ise4fstrsHg ne Sac 81 Land or SyGvsS
to Dc ad0evtised in a Newspaper.
SECTION l. Be it enacted by the
General Assembly Of ths State of
Tennessee, Thatit shall be the duty
Iof every Sheriff, Coroner, Constable,
Clerk Of Court, Commissioner ap-
pointed by Court, Trustee, Execu-
tor, Administrator, Guardian, or other
person in this State, whose duty it
shall be to sell any lands or negroes
under or by virtue of any execution,
order, Judgment, or decree of the
Court, deed of trust, mortgage OF as
Segment or will, to advertise and
publish such sale or sales at least
three different times in some newspa-
per printed and published in the
County where such sale or sales shall
be made, having the largest circula-
ton in said County, the first of which
publications shall be made at least
thirty days previous to the sale. And
such advertisement shall give the
names Of the plaintiff and defendant,
or parties, and describe the land in a
short terse manner, and mention the
time and place appointed for the sale
thereof; Provided, That if the said
deed of trust, mortgage, assignment
or will contain specific directions as
to the mode Of advertising, that then
this act shall not apply to such cases.
SECTION 2. That if no newspaper is
published in the County where said
land or slaves are to be sold by viz
tue Of an execution, it shall be the
duty of the officer levying the execu-
ton to inform the defendants, if they
reside in the County where the sale
is to take place, that it is his, her or
their right to have such sale adver-
tised in newspaper as aforesaid; and
if said defendants elect to have the
same advertised, then it shall be the
duty of said officer to advertise the
same in that paper having the largest
circulation in said County; and if said
defendants elect not to have said ad-
vertisement made, then the same shall
be advertised as now prescribed by
law. And further, if the defendants
do not reside in the County where
the sale is to be made, then the same
| shall be advertised in newspaper as
aforesaid; and provided further, that
if the defendant OF the person inte-
rested forbids the same, said sale shall
not be advertised in a newspaper in
any Of the cases mentioned in the
foregoing act.
SECTION 3. That the printer or pub
fishers fee or charge for such public
alton, shall not exceed eighty cents
per square for the first publication,
and forty cents per square for each
subsequent publication, which shall be
taxed, collected, and paid as the other
costs OF expenses i'll the suit on the
sale aforesaid are collected and paid.
That if the printer or publisher will
not make said publication for the price
! n
fixed by this act, then the Sheriff, or
other officers, OF persons mentioned
in the first section of this act may
make publication of such sale by writ
ten notices posted in at least five of
the most public places in the County,
one of which shall be at the court
house door of the County where the
sale is to be made.
SECTION 4. That should any of the
Officers or persons enumerated make
a sale of land or slaves, OF either of
them, without pursuing the provisions
of this act, said sale shall not on that
account be void or voidable, but shall
be as valid as if the act had not been
passed.
SECTION 5. That any officer or 9th
er person named in the first section
of this act who shall fail to comply |
with the provisions of this act, shall
be guilty of misdemeanor and on
conviction BY Indictment or present.
ment, shall be punished as in other
cases of misdemeanor, and shall more
over be liable to the party injured
thereby for all damages resulting
therefrom.
Passed February %, 1866.
FoRTY-NINE YEARS IN BED, An ,