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

defacts Nuieu OF all informallties and
Mr.. Ray; The only object Of the change
was 70 cure the defects In the old law ~1ss
Mr. ,biackman: fully agree with the gen-
tleman In reference to the first mart of the
bill. monition law is absolutely necessas
y N thls state as well as in all States. It
Is absolutely necessary where propertv Ia
sold at Sheriff's sale to satisfy debt, thar the
purchaser may be able to protect himself
against informalities of title, non-perform-
ance OF duty on the part of officers. This
cases. I.-f = - >-''Ni
But if we 20 further it provides this. that
where land is sold for taxes il makes rlC,
difference how irregular the sale NAV
have been, or whether the Sheriff has nar-
FORMED MS duty or not, but Just as soon as
the property is sold the purchaser, even If
the property has been sold for fifty per cent
OF its value, can take out q monifion. serve
it upon the party who owns the land and
perfect his title. Now hold that this
should not be done. The people of fhe
State OF Louisiana are in an Impoverished
condition. This does not affect the rich
man particularly. for II he owns an i'm
mense quantity of land he can mortgage
that land aud raise the money. But Il
strikes Immediately upon the poor men of
the country, who do not have money enough
to provide for the necessary wants of their
families. If man has not sufficient moaey
taxes, and man buys his land in at thirty
to fifty cents or a dollar per acre, and two
days thereafter serves monItion. 1t cures
all defects in the title. 1t is this that 1 OBJ
iect to. rF
Mr.. Ray: Does he not have two years to
redeem it in2 ~ - f- ~
Mr. Blackman: Yes; but in order to do
that he must not only pay all ordinary inter-
mediate expenses, but for any and all inn
provements made in the meantime upon the
land. And 1t would be an easy matter for
wealthy purchasers to take advantage Of
this to put such improvements upon the
lands OF poor people, which they had pur-
chased for a mere song, that It would be
impossible for them to redeem them.
MIR. Rays That is not the present law. H.
Mr. Blackman; Then, Mr.. President we
agree so far as relates to property sod un-
der Judgment, OF what is commonly called
a writ of heri facias, execution sales, and
all such sales; but when it comes to tax
sales, do hold that we should protect the
poor people OF the State Of Louisiana. And
II they are unable to protect themselves by
paying their taxes now, give them suffi-
cient time to pay it, and they can pay for
the improvements thereon. The gentleman
may be correct in regard to the law. Z Il is
my impression, however, that the law has
not been repealed. Even after the lapse Of
ten years the party can redeem his land,
but he must pay for the improvements made
upon it. Ls fEl a-NEss
l hold. therefore, that this section should
be made to read as follows;
provided, That the provisions Of the
foregoing section shall be extended to tax
sales, provided such sales shall be made ten
years previous to the service OF the mo
nition.n
Now, the second argument of the gentle
man is that this will tie up an immense
amount of land and that non.residents will
seek to benefit themselves by this law.
say it is the rich man who will benefit HIM
| self by this act. | must hold that it is an
| entire mistake on theipart of the gentleman.
| Is there man, resident or nonresident,
| who holds property in the State, that
would voluntarily permit it to be sold at
| public outcry for taxes? Most cer.s
/ tainly not, if 1t is rich man
| If he has not the money to pay the taxes at
the time, he could sell part or mortgage it
| to q friend, and get sufficient amount to
| pay his taxes. Therefore it will strike di-
! rectly and immediately upon the poor men.
| You take away from the poor man the right
to redeem his property from the rich man,
because the rich man will be the purchaser
| If this is inserted in the section will sup
| port the bill; otherwise will have to op-
pose the whole bill. -.
Mr.. Ray: Mr. President, to my mind it is
passing strange that every time this moni-
| ton law has come up it has been so strenu-
ously opposed by those who declare them
|
bill with that clause in it. have but little
to add in addition to what have said be-
| fore. Every body ought to know that tive
| years is given to the person whose property
is sold to redeem it in. If the purchaser
cures the defects in the title before that time
i. is no more than if there were no defects
After the redeeming time is past, there
seems to be no good reason in the world
why the purchaser should not have 8 good
title. If they have to wait ten years where
there is much tax on piece Of property,
no person will purchase it. Now, as to
whether It is a rich mans or poor mans
property, 1t makes no difference. MY expe-
rience is that few poor men fail to pay their
taxes, but it is more generally the case with
men who hold large tracts Of land and live
| out of the State.
1t does seem to me, that with view to
facilitate the collection Of taxes we should
| provide a law that will give men when they
1 do pay money for taxable property to pay
the taxes upon the same, when the time has
| transpired in which 1t may be redeemed, a
means OF making title which they can
mortgage or dispose of in any way. My in
| formation is that the law of ga did not re.
| quire the person to pay anything but twenty
per cent upon the original cost. NAV be
mistaken about that; but at any rate very
little improvement will be made If the
amendment offered by Mr.. Blackman is
adopted. e0 llf In #lf13g 81i {
| RoM, Aulu tAhb ILLS law Is an Important
| one-important to the interests of the
/ State and just in itself, and hope the SEN
ate will take that view of the case and
| adopt 1t. l desire, therefore to move that
the bill be adopted as a whole. 1su
Mr.. Blackman: The motion is upon the
amendment to section three. The provision
which | offered.
Mr.. Bacon: Mr.. President, there Is a vide
distinction to be made between these sales
for taxes and these sales for the perfection
OF which the original provisions Of the code
| are made with respect to monitions. and it
is necessary in order that Senators should
come to q clear notion upon the subject that
| they should understand this distinction,
| Ordinary sales for which nloRitions are used
to protect titles and cure irregularities in
proceedings, are sales under judicial pro
| cess upon judgments rendered In courts of
! general Jurisdiction. They are sales up0D
| Judgments rendered in suits for cisims
| against persons for money or for land as 10
which they are required TO answer within q
certain period OF time. They are served
with process which requires them 10 appeaI
and answer. They are cited. PERSONALLY
served. or they are cited through process
which issues by way Of attachment and
Is posted at public places In the parish, and
an attorney 10 represent them is appointed
by the court, whose dnty it is to spprise
them BY letter, informing them that they
are sued IN that court and thattheifliabllfT
would consist in judgment for certain
as before that court, and that
they shall appear at certain
time and make answer. Mr. President. YOU
viii see BY this that in all these cases the
party who Is impleaded has notice Of one
kind or another. He has personal notice. IL