The Placer herald., 1872-11-16
LEGAL NOTICES.

All notices requiring publication ii
Placer county, under any law of the
State must, 10 be legal, be published ii
the PLACER HERALD. In April, 1870 we
became aparty to II contract with the
State, made on the States behalf by Judge
Rcardan, under and by authority of con
sliiuioral law of the legislature of the State.
! BY this law and the CONTRACT IN pursuance
thereof, the State bound Itself 10 give us all
the notices required by law TO be published
in Placer county Except such as are to be
paid for by the county, from that dGtc up to
the first day Of January, 1876; the State on
her part declaring by law that none of such
notices should be leg'.l if published in any
other paper than the HERALD for the above
period. Ga our part we catered into bonds
with suretv Justified in the snm of Sl5, 600,
10 90 AID perform all such legal publishing
according to law, TO make good any losses
sustained by legal advertisers by our tafcF'eS,
aud to furnish each court of the county two
copies of the HERALD, one to the County
Recorder, one to the Clerk of the Supreme
/ Court. one to the State Librarian, one to the
Secretary of State and one 10 the County
Clerk eleven papers all flee Of charge. BY
the same contract we were and are bound 10
publish these notices for the following prices;
first insertion, 81 so per squar2, each addi
tional insertion mp to four, 81 per square, and
for every additional i;s r'ion 80 cents per
square. These bonds being made and 'p
proved they and the Official order making the
HERALD the only paper in the county in which
notices, required by law TO be published,
could be published legally up TO 1876, were
fled with the County Clerk, and there they
are yet alive and in full force, and will he
until January, 1876. Every officer Of the
county and townships are bound to know
The law and obey it, and for default are re-
yponsible on their bonds, and yet we have
officers in this county who are openly violat-
INC the law and contract The repeal O! the
"Act to protect litgants' does not in the
least effect the contracts made underit. This
question was settled by the Supreme Court
in 18th California by Judges Field, Cope,
and Baldwin in tie case Of the State W.
McCauley. Under an act Of the Legislature
the State had contracted with Estel TO take
the State prison for Il term of years, ard Es-
tell giving bonds (MeCauley being a sub
contmctor) for the fuflIment of his part OF
Ihc contract. When only portion Of the
time had expired the State repealed the law
under which the contract was made with
Estcll, and passed a new law directing the
Governor to take possession Of the prison,
Which he did by force. The Court held
'lat the repeal Of the law in no way effected
The contract made under it, but that it was
binding on both parties for the full period
named in its body. No lawyer with full
knowledge Of The facts and legal points will
Tor moment contend that any noIiccrcquired
10y law to be served by publication can be
egalIv served by Publishing it in any paper
but The HERALD. The State has provided
by law and contract the specific mode of serv-
ng notices by publication in this county from
April 1870 to january 1876, and that is by
publication in tie Placer. HERALD and 10y the
same act has declared all other modes Illegal
AID void. Hence all notices Of assessments
or sales Of mining stocks or shares, or other
cooperate or ioints'ock property, Probate
notices, notices of Executors or Admlnistra-
,ors. She,ifTs and Constables sales, school
lax, elections, Collectors sales, and all other
notices required by law to be published, must,
TO be legal or have any bind ng force what
ever, be published in the PLACER HNnALD.
The Iepcal Of The litigant law was not intend
ed by ;he legislature to effect the contracts
then made OF it would have provided some
mode of equitably obtaining The consent @
the litigant contractors to a retrocession OF
their franchises and rights. These are seri-
ous matters that may involve officials and md
,iduals inscvere losses and viiiate what might
otherwise be good title to property. A defect
in service, as all lawyers know, vitia'es all
subsequent proceedings in court. When 4
convenient case arises at home, here, we vii
prove all the above facts by decision from
The courts in The mean iiml, interested par
lies had better keep on the safe side and do
their publishing in the legal paper.