The Hartford herald. [volume] (Hartford, Ky.) 1875-1926, 1878-01-16


with even>handed justice.
In sales o! land under execution and
judgment it is required that ADVERTISE
ment shall be posted at the ourt-house
doot and in three other public places in
the vicinity of the land, for fiGeen days
before the sale. If a $4,000 farm ia to
be sold, this is all the notice required By
law. As the value Of the property to be
sold is greater. in like ratio is the number
OF possible purchasers diminished SO it
most usually happens that the creditor 10
the purchaser OF such properly, no other
bidder competing. Or if the creditor is
not the purchaser some shrewd person
is on hand. who gets the property at his
"own price Where the bidder gets
properly at his Gown price" it is at the
cost of the unfortunate debtor. How
often does it happen within the obsei va
ton of all, that such purchasers sell
their bids, or resell the property for a
handsome proft2 This profit is not the
natural outcome OF trade, but results be-
cause some particular person was posted
as to the time and place OF a sale when
the whole public should have shared his
knowledge. In sales Of personal property
advertisement is required at three public
places in the vicinity OF the properly
In remote part of the country, Tor ex-
ample, a constable will levy on a crop Of
tobacco under execution. There NAV
not he dealcr in tobacco within ten
miles of the properly or any probable
purchasers short of that distance. Yet
the officer will post notice on the barn
door, and on the first two convenient
trees on the highway within a mile of
the barn. II thew Withstand the rain
and wind for ten days, few will have
been their readers The officer attends,
and il the creditor does not, hi, return
will probably be mo SAFE for want OF
bidders" If the sale does occur, how
little the chance that the property will
sell for its fair va'ue2 Yet 80 the law
works, not in exceptional cases, but as a
rule. The humaoe purposes of the law
are perverted and those whom it would
protect for the most part can only look
to the mercy and generosity of creditors.
We have but limited at the evils attend
ing coercive sales, but the observant
reader will be able to add to the category
from his own experience.
The entire removal of the hazard Of
sacrifice to debtors may not be pra tica>
ble. But the evil can be {. eatlv allie
yiatei The great body OF the public in
This, and in all newspaper IeaGing COM
does not call once in every
fifteen days" at the court-nouse door. or
Mt "three public places" in the cou r,y for
Information, In fact, the public is very
unanimously igIorant OF the literature
posted at these places. Bus put the same
notice in newspaper, aHd doubtless a
dozen would read it, o. hear OF ii, where /
one person learns Of it now. As the |
public is more widely notified. The chan
ces for the presence of bidders is in-
and so the prospect for better |
prices lfthis is a probable result iron
newspaper advertising. why should ii not
be adopted by lawP
1t will be objected that it increases
the cost of legal proceedings. Conccding
this, yet how few coercive sales are made |
where the sacrifice OF the debtors prop
Prty 10y lack OF competition. would not
pay the newspaper over and over again
Is it not wiser policy that this IN
creased cost should be incrned. rather
han that the arIant injustice daily per-
petra,ed on the debtor class should 20 |
Dn2
Legislation requ;.ing official sales to be
published in newspapers has long been III
orce in other States. That sch laws
)nce adopted have not been repealed. at
ests their wisdom. Conservative Ken
OF hcf t.aditions-has been
low to alter the laws that suited Boone
md his cOmpairiOts. NewsPa9e's, as
We have them to-day-daily or wee;.!y
'isiiors to every household-were almost
unknown when the law regulating the
advertisement of official sales "a now il
orce, was first devised. The fathers
we're wise ia their generation. Eut their
has passed. If we would lie
wise in ours, we must each lhe spirit OF
he times. Ii new laws are beuer than
Id, let us have new ones. We COM
mend the subject OF this ai.lcle to the
,areiul consideration of The Legislature