The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1875-02-12
REDEMPTION OF LANDS.
An Opinion OF Attorney General
Buskirk.


AN INCONSISTENCY IN THE LAW.
The following was received by Audi
tor Henderson yesterday, and explains
itself:
The Hon. ". Henderson, Auditor Of State;
DEAR SIR--I have the honor to ac-
knowledge the receipt of your commu-
nicatior of the Sd inst, inclosing a let
ter of inquiry from county auditor in
which he requests you TO obtain my
opinion upon the following points, viz !:
j. Whether purchaser of lands sold
for taxes at private sale under the pro-
visions of the 'act TO provide for an
uniform assessment of property" etc,
approved December 2l, 1872, is entitled
10 deed from the county auditor for
such lands, at the expiration Of two
years from the date Of such private sale,
or at the expiration Of two years from
the date they were offered at public
sale.
2. When does the time for the redemp-
ton of lands sold at private sale expire
| Section 249 of said act reads as fol-
lows. "All the provisions Of laws rel
ative to the execution of deeds for lands
sold at public sale shall be applicable to
lands sold at private sale pursuant to
the provisions of this act"
Provided, that no deeds shall be made
until after the expiration OF two years
from the time when such land was oil
should have been offered at public sale
Section POS of said act reads as fol-
lows: 1.-The owner or occupant of any
land sold for taxes, or any other person
may redeem the same at any time with
in two years after the last dav of such
sale, by paying to the county treasurer
for the use of the purchaser, his heirs ol
assigns, the sum mentioned in his Ger.
tificate, and the amount of all subse
Quent taxes paid, with 6oper centum OF
the whole sum, and interest from the
date OF purchase or from the time o
: payment.
There is an apparent inconsistency be
tween these two sections.
Although section 20s, from the con
text, would seem to relate more par
; ticularly to public sales, yet ] am in
clined TO think that it does not do S
exclusively; that both sections sboul'
be construed together, and thai thcr
exists a right of redemption for tw
years from the date of the sale, whetbe
il be public or a private sale. IL vii
be noticed that the language of the pro
viso in section 349 quoted supra is pe
culiar. Ii does not say that lands ma
not he redeemed within two years fror
the date Of sale, nor that deed shall
made two ,ears from the date when tn
!, lands were offered at public sale. bu
provides that deed shall not be ex
: ecuted before that time. Ifthis was tn
only section in the act relating TO tn
time when such deeds should be mad,
, | think the proper inference would b
: that such time would be two years fror
|, the Offering at public sale. But this
|. not provided expressly, and other sec
tions of the act in my opinion, contrc
: the construction.
IL the lands can be redeemed with
two years from the date of the privat
sale, of course the deed of the coun.
auditor should not be made until the ex
: piration OF such time.
IL is proper 10 remark that tie &C
! referred to is very difficult to constru,
owing TO conflicting provisions in il
various sections.
= In this opinion / have endeavored Z
: reconcile any conflict which exists bs
/, tween the sections quoted, but mus
!. confess that the question is by no mean
!, nnembarrassed by grave doubts. Vcr
, respectfully, c. A. BusKIRK.
u Atty Gen1.