The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1872-11-09

days. =. seosioni: 116. wnioh;:tisRnsa 7ahe
limit OF the time for redemptions sas StYiE.
lpg, out tie words .two yea IA, ~ -, y hsraaer
thS sams appears Fthereir1, and insestino
IN lien thereof s'ninety days. Section
III, which defines the mode OF! redemp-
slon. and requires persons desiring TO
rede EN- to commence action within q Ger.
tain time; such action, by the aaid Sec
lion Of the Act. was to be commenced
within one yeaf after the date thereof.
or within one year after the expiration
OF the disabilities named in the preced-
ing seet'on," tSeosion: 1i6 This seo-
tion was amended by striking out the
words zone year" wherever the same an
peared therein, and inserting Id lien
thereof thirty days." and ,by striking
out the words 1.-TWO years" wherever thS
same appears therein, and inserting the
words "ninety days" In lien thereof
Iherefore, II . person whose real! estate
has been sold for: delinquent taxes ainoa
the passage OF the Act Of March 10.
1872, wishes to redeem sueh real esfate'
such person must commence action for
such redemption within thirty days from
the time of sale, or from the time of the
removal OF snch; disabilities mentioned
in Section lis, and as no deed shouId
be made until the expiration Of ninety
days, such person has ninety DAYS in
which to redeem such real estate: and.
after the expiration Of ninety days. no
redemption can be had OF real property
sold under the above natued Act, unless
action to redeem should be STAYED by
due process Of law.
Section Of the Act of Assembly OF
March IL, 1872, which declares "that all
lands and real estate within this Stnte. -
&C., on which any sum Of money re-
mained due for delinquent taxes for>the
years 1868, 1869, 1870 and 1871 should
be sold at the sale therein mentioned.
'snd conveyed in fee simple, without
the equity of redemption" is to be con.
strued with the other portion of that
ACT, and the words conveyed in fee
simple, without the equity of redemp-
ton, are construed to mean that. after
the expiration OF "ninety days." a deed
in fee simple may be given to the pur-
chaser or person having the right to such
real property. and that after such time
there shall be no right of redemption. "
The question as to the validity OF tho
Act of the General Assembly, of March
II, 1872, has not been raised in such q
manner as to warrant me in passing upon
1t. think it is enough to say in this
case, that when contract is made by the
State with it's citizens, relative to their
taxes, such taxes being due and unpaid
at the time OF the making Of suoh CON
tract. or becoming due during the ex-
istence of the same, and stipulates that
when taxes on rec! estate become duo
under it, such real estate shall be sold for
such taxes, and the person or persons
owning such real estate shall have two
years after sale in which to redeem il,
the State is bound by every rule that
governs pure. just and an enlightened
conscience in On individual, to carry. out
such contract in letter and in spirit.
Tho plaintiff asks that the said delin-
quent land sale be declared void, and set
aside for irregularities in the said sale.
If there have been irregularities in the
said sale, such Irregularities are also
facts to be determined elsewhere.
The injunction is continued, that
either OF the parties may take such
course in law as ne may be advised, and
this opinion, with accompanying papers,
be fled in the Office of the CLERK Of the
Court of Common Pleas of Richland
County. J. J. WRIGHT,
Associate Justice. South Carolina.
ANOTHER GTN HOUSE BuRHT Mr.