The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-10-31
AN IMPORTANT DECISION. !.
PURCHASERS AT TAX COLLECTORS SALES NOT EN-
TITLED TO POSSESSION UNTIL AFTER SIX MONTHS
EXPIRE FROM DATE OF sALEJ

i
EXPIRE FROM DATE OF sALEI
| Joseph Billgery ex parte, praying to be put in
possession Of certain real state etc.-Fifth Dis
trict Conrt-Nos. 6S45, 6S46, 6947, 6S4S 6S49 $780,
6s5l, $3.50, $3.50, parish Of Orleans.-on the 9Th
day OF october, A. d. 1875, Is. r. Joubert, State
| Tax Collector for the Second District city of New
Orleans sold several pieces Of property for taxes
| which were adjudicated to the petitioner for the
taxes, etc, due by the owners thereof. pro-
visional ii lie was given him by the collector to
each and every one Of them, in accordance with
the fourth section Of Act No. Al OF the lesisla-
tive acts Of 1878. He now asks this court in an
ex parte proceeding, to place him in full possess
sion of them; to order the former owners to
recognize him as the owner thereof, and to ac-
count to him for all rents due and to become due.
do not construe the laws on the subject as au-
tAcrizing these proceedings at this time.
The fourth section of Act No. AZ, p. 100 of the
Acts OF 1873. declares, "That the tax collectors
shall be and they are hereby authorized to give
title, in the name OF the State of Louisiana, to all
persons purchasing property sold in pursuance
OF this act, and such title shall be held in and
recognized by all courts in this State as va id in
law, for which title the tax-collector shall be
allowed fee OF two dollars Upon the presenta-
ton Of title 80 given to the District curt or
Parish Court it shall be the duty of the Judge to
order the Sheriff to put such persons in possess
sion Of the pre- perty SO purchased by him..
| The sixth section OF the same ac5 provides,
"That all property thus sold shall be redeema-
BILE by the owners thereof, or their legally author
lied agents, witt in six months from the date of
sale, upon payment TO the party purchasing at
the tax-coliectol' sale of the amount Of the pur-
chase money, with fifty per cent additional and
all costs; after which time, If not redeemed the
party 80 purchasing may present the tax collec-
tors title OF said sale to the Auditor Of Public
Accounts as evidence OF such tax collectors sale,
and demand title to such property, and the
Auditor OF Public Accounts shall thereupon issue
decd OF sale with complete and full title in the
name OF the State OF Louisiana to the purchaser,
,Ianh 81
the title completely and fully in the said pur-
chaser or HE heirs, fer which service the Audi
tor shall be entitled to a lee of two dollars" 1t
is evident from the phraseology Of this section
and complete title to the property sold under the
fourth section OF the act should pass
to the purchaser; his title, thus given,
it. m on,y ln thsn :. II such were
In making any other provision as to the title.
But the Act No. los Of the acts of 1874, sec q D.
| l55, declares, That any person whose property
may hereafter bs sold by any taxcollector for de-
act, shall have the right at any time, within six
months from the day OF recording said act of
sale, to redeem the same by paying to the pur-
chaser the full amouHt Of the purchase price. in
Guiding taxes, penalties and all costs, with fifty
per cent additional on said amount" 1t would
| appear that the purchaser in such cases is IA
yored enough by being authorized to receive
fifty per cent on the amount paid by him without
demanding full posse esion of the property and
the rents due and to become due for its use ("
during the six months.
The law is certainly harsh enough in requiring
the payment OF such penalty without adding
to it the dispossession of t-during the six
| months allowed the unfortunate owner to redeem
it. The dispossessiOn in the time allowed for
redemption, would no doubt prove the very surest
means OF preventing the owner4rom being able
to redeem it. | am satisfied the spirit. as well
as the letter OF the law on the subject alike con-
template the leaving of the owner in possession
OF his property during tine entire SIX mon tts
allowed him for it's redemption.
The third section OF Act No. 10J Of 1874 can
admit OF no other rational Interpolation 1t de-
clares THAT at the expiration OF Elk months
from the day OF recording said act of fale (the
date Of the visonal titles herein set upl if the
property sold shall not have been redeemed, as
above provided, the Auditor sha (upon
the prese ntation to him of the provisional tile),
issue deed of sale, with full and complete title,
in the name OF the State OF louisiana" If the
provisional title is sufficient to vest the property
IN the purchaser, why the Auditors tite2 And,
II not, why should he be permitted, trithout
complete title, to take full possession of /? The
section says further that the .iudt0,s ttge 'phau
be held in and recognized by The Courts of this
Stae as valid in law" and for the reason just
given, that the owner has hal Fix months within
which to redeem, until the expiration Of which
time the Auditor could give no title
The presentation Of the Auditors title to any
Judge of the District or Parish Court, in open
court, or at cham bers, Oil es the Judge to order
This expression OF the legislative will was made
moro than one year subsequent to the date Of
the Act No. AZ, of the 14th March, A. ID. 1873 and
it there be am Inconsistencies in the two acts
the Act No. 105, OF the 2Sth March, 1875, must
govern.
Again, Act No. 7, of the sth May, A. D. 1875,
section third, declares, "That upon the payment
OF the principal or the amount OF the tax itself
on or before the first day of November, 1875, all
interest and penalties thereon shall be RENTED
on all taxes throughout the State" Section
fourth repeats all laws and parts Of laws contrary
to or Inconsistent with the provisions Of this act,
and provides that it shall take effect from and
after its passage. See P. LOG.
In the sales set up by the petitioner in this
case, no penalties OF any description whatever
authority OF law for doing /; and with what grace
can the purchaser claim the benefit of laws which
had been enacted for the imposition of penalties,
when 1T is thus apparent they were suspended
aye, repealed tOtidens re1bis There are other
grave questions likely to spring ont Of an effort
to enforce the provisions Of the Act No. AZ, Of
1873, and Act No. 105, of 1874, which | am not
authorized to anticipate
The authorities cited, and the reasons herein
given, leave no doubt on my mind that the pray
ers Of the petitioner should be refused. Other
reasons or q constitutional nature unavoidably
arise which may hereafter be urged in cases
com ing up in the effort to enforce these very OPP
pressive laws.
Mr.. Philip Weriein, the popular music dealer
OF No. 80 Bsronne street, sends US copy Of a
very pretty song, entitled .sViola or Dear Young
Heart, FAREWELL" words and music by L. u.
Chandler.
RAFFLE.-The single scul paper race boat
Creole. thirty feet long, outraged, with trim
mings silver plated, with pair of spoon racing
scn Is, al In perfect order, and valued at sl75 is
<.f1 10 t4Ix.l T.