The Orangeburg news. [volume] (Orangeburg, S.C.) 1867-1875, 1873-10-11
The Redemption Of Lands Forfaite'
to the State for Non. PAYMENT O

y
i7gTNoxas sa'VaS 2 s@oEsaI }G
5,ss ,saE ke.N fiSs ~ 7aNE7fTs
ssy3ssa SO y 6Rs u Pc $3.50 80 'ls'e ''sf
ads Sai szasa esogs Sos r0VE4s 'irm %
I'm. our last ssu6. of August sOth, We
published a. letter from aComptrollors1
Gensfal@ Hoge to. Hon, s. y.
Ice, in reference to the redemption of
lands sold for the payment of taxes, and
forfeited to the State for the want Of
bidders, and remarked at the time that
It was the, intention of Mr,,Lee TO test
the soupdness of the 'Comptroller's at,
titade on this subject 10 the Courts.
Our own views of,the matter coinciaed
with those of Nfr.. Lee, but as. the sub.
ject was somewhat obscuredA by the
amount Of legislation which has bce16
hhaee qHp;the tax question foE Ethspast four
years, we determined to postpone any
expression ph til We could embrace the
opportunity Of critically examining the
question. This we have done, and the
enquiry has satisfied us that the Comp
'trollerl is wrong. In the first place, he
seems to 'aboriundcr a misapprehension
of the law whcu he broadly asserts tha at
such lands cannot be redeemed, and re
fers to section l08 of the laws of 1865,
alleged to have boon APPENDED by act
of March II, 1879. md Sconfrmatory of
his Opinion. Now this section does
not referto forfeited lands, and was
never legally amended by the act refer
rcd rtoi and dit,is strange tthiTit tthit Mr., IIoge
should Sc bclieveF when he had before
him the sRorisedi Statutes, i'm which this
very section. .,as well as others, of the
tax act of S6sDwere adopted aud made
the law Of the State by act OF February,
1872, and orforeesbyaihe provisions of
Ex. Dep. ,esl sa.aaloa ssrI
At the, tipie Of tie tho act
Of Maroh IL, 1872, no portion'iof the
tax act Of 1868 was Of force, Sss - sis.of That
year, aud therefore, when the s,LegiAla
turo by Sec; IL .1l,is of s.fhs former,
sought ,n to .amsnd y Sen.u sr10S
and other SECTIONS of the latter, 1t attetn
pied 10 amend a statute that was no,lon-
gerithe lawsof the State, n wing become
nullificd by the re. epfctment aud adop
ton of it's provisions ,in.,hes ateole of
Statute law, made thu Law Of The State
by the act and in the manner berore'sta.
ted - The Revised Statutes em6ody ali
the State Jaws of che State ofyfOrcS at
the time iof the fnal report of tho Com
Imissoncrs, by virtue of A.sAaMarch 9 /!
1860, passed in pursuance Of Art. 5,
Sec, 3 ofthe Stote Gons9tntiop,ba Ghel
next report wass'inadea November i2s,
1871, SO That this Code co3rneassos all. s,he
law of = Statutory characterai aie- Eoecetap
to that date, and made SO BY A. A.
February, 1879, andsin logalcouteaa,la
tion these Statues are to be consider.
ed as having been passed. at tue same time
I'm constructihg'a'revi Code OF Jaws Jaws
ihey are to be considered as. cOutem.
Poraneoas acts, parssof one entire sys
tenn Of lqw.",Tys w. Bl.skwell, on Tax Titles,
815. From and after the re-enuctiGen
and adoption of the Revised .Statuut es, s.
thesiax act passed September 10, i s68,
ceased to exist as the law, Of, tie, State,
but its provisions were made law by act
of February, 1879. Pamphlet I taots,'
1872 PIP 81 ltwill be, clearly per-
cfived, therefore, that the Legislature,
id Sec ! Of the Act, March ~, 1872
ignofantIy amended an act that was not
of force, and that tho only law in rela.
tion to the nssessmops and collection of
taxes and rcdeusptibnf Of lands now of
forcegis'by yiftde of the Act of Februd.}
ry, 1872. mo .or,azss,ao
Mr. HogeTelers sto'ihe Joint Rcsolu-
ti9nsirof las2H7'733eas plantory ofthe
intention' ofrthpaLegislatdrc,@ md as a.
corrocs0c critefidh Of fcodstfdGtion,,7 but as
Liz isathe Pfoki8So q Che Courts and not i
Iathe Legislature Bls ~ @ t9 nssFPseto oleyssthere
rs Is ne9thiqg ne9tlhiqlgi 70 this sEiGw oOf,dhel quOsA
tion. .ysf9O aldi as SIs4S
IsS The point seems, however to II be 'Dset set
htlcti by the following citations frgp,thS
EERevisSd Statutes aud legal decisions Of
lsthe Courts:
lsI fThc County ApditgsPE1hisyD Deputy
sh5ill attend ulI sAlSsNofAdAiSqGdmnt real
estatssNmeaseg thag TEeasnser acfE his,
lcodntsaete andsiGHnyaparce WAS offered
ltor Isale, and not soldifot' Want or Bid,s
sdcrS, OF shall have boen bid in on be-