The Hillsdale standard. [volume] (Hillsdale, Mich.) 1851-1909, 1857-06-16

petition NJ the Dlddlngs, 50 as 10 secure u
revenue at the very smallest possible sacrifC
10 the land owner.
And finally they intended it, because
sale without public notice would not onl
be unjust but illegal.
If then, some notice Of the place of sal
is required by n reasonable construction {
the Statute what notice, and by whom is
to be given?
l. Section "a does not give form of no
ticc by the Auditor General, which is to b
literally followed. IL points out what in sub
stance is 10 be tho character of that notice
We submit that it contemplates that the Au
dtor General shall, previous to publishing
any notice, call upon the County treasure
to select place Of sale; and that the place
Of sale, as well MS the time Of sale, shall b.
given in his notice required to be published
with the list of lands. The locality of sale
is to be selected bv the local officer, he being
necessarily the most competent to mako such
selection; hut the notice.of it is TO be given
by the officer whose duty il is to give all 9TH
er notices in relation to the sale.
2. If that notice is to be given by tho Co.
Treasurer, then we say, clearly from direct
analogy, it is to be published in the same
way, and for the same length of time, as the
notice of the Auditor General. 1t is Of the
same nature, relates To the same subject mat
ter, and is for the Same general purposc, anl
there is no ground for any distinction.
8. Bu. if it is cont"n'cl that the Treasur-
or is to give merely reasonable notice, then
we say that the notice given in this case wns
not reasonable; either rs to the tim" for which
it was given or rs to the manner OF giving 1t.
The lands 10 be sold were NONRESIDENT,
situated in different parts Of the county, ana
the notice given by the County Treasurer was
not calculated to accomplish the purpose for
which it was given. That purpose was to
give broad publicity to the sale It's time
and place, so as at once to protect the reve
mud, and give reasonable notice TO tho own
er of the land. and to produce an active com
petition at the sale, so rs to prevent the sac
rifice of large estate for a trifing sum.
The notice was fugitive in its character
By accident or design it might be torn down
from its place Of posting the ueXt hour; and
if it remained, its publicity would be exceed
ngly limited, and there would be no proba-
Dity of its reaching those most interested.
The Legislature have given us their idea of
what is reasonable notice in relation to the
lime of sale by requiring that il should be
published in n newspaper for eight successive
weeks Immediately preceding such sale
There is no reason why notice Of the place of
ale should not be given for the same length
# time, and MS widely circulated. And if
he Statute is TO be so construed MS not to re-
Iuire fixed time and mode of notice, but
My reasonable one, what better criterion
f fJGwgral9 greAPuhG fHSpd th"a fhGarp1G
reciscly analogous?
And if we look beyond the peculiar law
nder consideration, to the general character
{ the legislation of this State, or of other
states, upon the subject Of the time and
lace of notice for the sale Of lands for taxes,
We shall find that they require much more
xtcnded and public notice than was given
y the County Treasurer in this case. This
egislation has significant bearing upon the
ucstion Of the reasonablcness of notice, and
ldcates with great clearness the legislative
lew as to what constitutes a reasonable no
ice in such cases.
The fact that the time and mode of the
office given by the County Treasurer was in
ccordance with the instructions from the
Auditor General, is of no consequence. 1t
not his province to determine what is a
nasonable notice or to give II final constrrc-
ION to the statutes. A point precisely like
his was determined in the case of Eastman
$. Little, N H., 900 BY an act of Con-
ross notice was to be given by the State
collector. that the taxes upon unpaid lands
hight he paid to him; and the act directed +
he Secretary Of the Treasury to prepare the
eccSsarv regulations TO carry the act into eff
,ct. The State Collector published notice
exact conformity to the form prescribed by
nc Seer tarv Of tho Treasury, and this no.
cc was hold 10 be bad because tho lanls up
n which tavos remained unpaid were not
Dccificallv described therein, although the
rt does not expressly require any such de-
,ription a sale under such notice was &C
ordincIy held invalid.
C. I. Walker and James V. Campbell
ounscl for the defense; A. c. Baldwin, of
'ouriac for the plaintiff.
These were the positions of the defenadnts
ounsel.
The Court held that the notice was not
efficient, but that in all such sales the notice
{ the place must be 'co-cxtensive with the
Office of time, where il is not, or was not,
he sale was invalid.
This decision, as it will be seen, affects in
Il probability, all the tnx sales that have
cen held in this State for years past. We
ardly see what can save such titles except
he expiration of the time wherein such lands
nay be redeemed.
DANGER OF HooPs-We clip the follow
ng from New York paper:
A young lady in Brooklyn has recently