, 1877-12-29

the same pc not redeemed as.
herein provided the holder Of
the treasurer's certificate Of sale
may commence an action in the
district court Of the district EN-
bracing the county where the
property Is situated to obtain a
Etonveyance of the title to such
parcle or lot Of land by the fling
Of a petition alleging the facts
UPON which the claim is found
ed"
1t is perhaps unnecessary to
observe, that the facts upon
which acclaim for o. tax title is
founded embrace, according to
the standard authority, Black
well, every thing from the elec-
ftion of assessor down.
| The next Section E59]-it has
only the Secretary's number,
provides that sstRei case: shall
proceed and be; determined ac-
Icording to- ozthe rules and princi-
pies governing equity cases. !"
And then comes the mode Of
getting service, viz: II
3 g Section 1901 Notice of the
tendency Of the snit shall be
given ,hypublieation thereof for
four consecutive weeks in a
newspaperof general circulation
insthe county which notice shalt
contain the title Of the court in
which the action ;is pendins q
description Of the property the
name Of the person TO whom it
was assessed unless 1T was as
sessea as hnocrupied and un-
known.in which case.it shall be
SO designated: the date OF the
tax sale and shall state the tune
when the case will be heard
which shall be on asday.of aregs
ular term and shall require all
| perso Interested to appear and
! show a6asa it + amy there be why
a conveyance Of the title to the
property described shall not be
decided to tho plaintiff. = 1,
These proceedings will, Ifear,
scarcely be cunsideredsequilable
by the average tax payer, since
they seem calculated to deprive
him Of bis, property under the
| forms Of law for an inadequate
compens alton, and in such sum-
mary manner that in case Of a
Ereside lent defendant the chances
are, at the best, about equal that
he will not hear Of the SUIT until
after it has been determined,
whilst to othenon-residentit gives
no chance at all.
Under the civffpractice act SO
called, and re-enacted and pub
lished asa part Of the present
Volumes a plaintiff cannot obtain
service by publication upon a de-
fendant until he has first shown
upon affidavit that he resided
out of, has departed from, or
cannot after due diligence be
found in the Territory, or con-
ceales himself to avoid the SER
vice of. summons, or is, q foreign
corporation; and service when
had in this manner must be by
publication at tleastsix successive
weeks. .f
Every man who has tried it
knows that the property owner,
though he exercise great dill
gence with the intention of pay
ING his taxes, may through the
blunders Of assessors, mistakes
of copyists &C., &C., faile. to OBJ
tain such areceipt as will protect
all Of his property, and it, will
not. be strange if this class of
defendants, who of all Others
may reasonably Be supposed to
have no knowledge Of the claim
upon which suit is brought
against them, should uncharita-
bly, conclude that it was the law
giver's deliberate intention to
cinch them out of their property,
when possibly, in thus treating
all tax delinqnents as nen-resi-
dents, and shortening up the
time Of publication two weeks
where they are concerned, his
superior wisdom was in fact in-
fuenced solely by q desire to
prevent litigation and save ex-
pense;Lfor, if this extraordinary
mode of service does at the first
glance seem one-sided and against
delinquent tax defendants, read
ing on we find that in the very
next section he has given I'M
questionable evidence Of his I'M
partially for he has there thrown
such a bulwork around the de-