New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1868-09-08

ICoSrISuED FROM FIRsr rAaE.l

ousIH a. CoEhain uay 10 puUuCiy eAPose
1t is explicitly advertised in public news
papers, with his name and the title of the
suit: and on the day which is appointed for
the same he is notified that his property is
to be sold, and under our existing law that
property must bring its full value before it
can be sold. Under the law as it existed
previous to the year 1866 or 1867 it had to be
for two-thirds of its value.
NOW, sir, there is a difference between
such sale as that and a tax sale. In case
OF the tax sale there is long list of names
put into paper, presenting an immense
| number of names and amounts; the prop.
| erty sold is not described with any particu-
larity at all though there has previously been
no sort of notice to its owner, but that this
| order for sale shall be by attachment pub
lished in some obscure paper where his
/ name is given with many others; his prop
| erty is put up for sale, and ten millions of
| property may thus be sold for taxes for i
| per cent or per cent perhaps of its value.
This. sir, is the difference between the
| different kinds of sales under the law upon
our statutes. Now, the code does provide
| that even these tax sales where the property
is sold for one per cent or onetenth of its
\ value may be made perfect as to the irregu-
larity of proceedings. Is not that exceed
| ingly liberal? think it is liberal beyond
measure. As the law now stands, there
never has been any notice required upon
| the party. He has never been told that his
property was up for sale except by advertise.
| ment in an obscure newspaper.
MIR. Ray: II persons property is sold he
| must have notice; that is the law.
Mr.. Bacon: l don't construe the law in
that way. don't see anything in the pro-
visions of the law as it now stands which
requires the notice. The constructive
notice he has-the notice that the news
papers publish with hundreds of others.
But this constructive notice, which is well
enough in the case of a judgment against
man Tor money in a court, where he has pre-
viously had actual notice. But it is no
notice at all where a mans property has been
sold by tax-collector on an advertisement
published in an obscure newspaper. As to
the argument that non-residents are often
delinquent in their taxes, we have lust
remedied that in the bill which has gene to
the House. / trust that bill will affect all
that is necessary in that direction. But l
am very certain that this bill will work
hardship to the poor people, even more
than it possibly would to the nonresident
rich. The rich people never fail to pay
their taxes; they are always ready with
some kind of security to pay them. But it
is the poor people who occasionally lose
their little crops and fail to pay their taxes,
who will fare the worse from the effect of
this law. That class of people are liable
for taxes, if all their other property is con-
sumed in the payment of their ordinary
debts. Taxes are levied anyhow, and if
they can't get some protection, from the
want OF capital and poor management on
the part of the officers who sell, they are
certainly without any remedy. There is a
remedy however, in this, that those who
are interested in the collection of taxes. if
they are DESTROYS of seeing these sales prop.
erly conducted, they will watch the pro.
Fon az 4lan al.
sors, and make them proceed accord
ing to law, and then the sales will
be good and valid. presume
there might possibly be some reasons
in proposing that these monitions should be
used as means of perfecting the title to
land sold for taxes, provided they were two
years given for redemption, but it is pro.
posed to do it at once, and it is proposed to
do this without any actual notice being
given him from beginning to end. / am
sure, sir, that no Senator will consider this
to be just or right if they take into consider
alton the fact that in all other cases so
much care is taken to secure notice, and
that the land must sell for the full value for
for which it is appraised. There would he
no justice whatever in curing these defects
which public officers should not allow 10 eyi
1st and which theState should prevent by n
close and careful adherance to the law in
these proceedings.
The monition cures these defects, which |
ought not to exist. 1t causes mistakes |
which the officers OF the State ought not to |
commit. 1T the officers of the State commit |
these errors we ought not to cnre them,
If there has been no notice which
could properly be considered sufficient,
The gentleman seems to think this will |
effect non-residents more particularly. [ |
will say this as the opinion of one who has
some slight Pretensions to knowledge
nj
As my opinion that this law will not affect
lon.residents; that it will not divest non.
of their property, but that they
Will be able to recover their property back
whether the moniton is published in the
newspapers as to these tax sales or not.
While it will bind the poor men of this
state, who live within its jurisdiction and
an not appeal 10 thescourts of the United
states to relieve him from the effect of the
aw.
The non.residents, the capitalists, will go
nto the Supreme Court of the United
'tates and defy your State law, but the poor
1an who cannot afford to do that will lose
lis property for mere trihe.
Mr. Ray: MIR. President, there is no
mendment before the House such as
senator Bacon refers to. The subject now
'efore the House is Senator Biackman,s
proposition, not to repeal any part of the
leyentn section of the existing law on this
uDlect. In order to bring the matter to a
'ote will move to lay his motion on the
able.
The motion Of Senator Blackman was
aid on the table by IA yeas to 6.nays.
Mr.. Bacon: win propose another amend.
1ent, and / will state that in voting in the
egative upon this occasion, it was merely
Q express my dislike of the section, /
hink the following amendment is lust and
ltr: Provided said monition shall not issue
ntil two years after the. sale shall have
cen made, and that actual notice be per.
onally given the owner of the land of the
ssuance OF the monition, and that the title
han not become perfected under the same
lntil three months after such service, dur
ng which time said owner may appear to
ontest the same.p This provides, sir, that
be monition shall not issue until the two
ears necessary for the redemption, as the
w now stands, shall have expired. This is
D give the owner of the land the same Oh.
by actual service Of process or
office, which defendants in other suits and
have for contesting irregular
in such cases.
Mr.. Ray: Mr.. President, | regard this
mendmeut as equally fatal to the bill as
ae other.
On motion of Mr.. Ray, the amendment Of
L. Bacon was laid on the table, and the
u was finally passed.
HOUsE OF REPRESENTATIVES,
|