The Russellville Democrat., 1879-05-22
NOTICE OF REDEMPTION OF
 FORFEITED LANDS.

E OA&k E<A hA<AS A<4EAV ASN1s
 We publish below the law touch ing the redemption of forfeited lands.
 Section 5200 of the Reyenue act reads as follows:
 Any person desiring to redeem any land or lot, or part thereof, sold for taxes delinquent, under or by virtue of any law of this state within the time limited by law for such redemption, may deposit with the County Treasurer, upon the certif cate of the County Clerk, particular ly describing such land of town lot, and specifying the same, an amount of money equal to the taxes for which such land or lot was sold, penalty and costs of advertising, and the taxes subsequently, paid thereon by such purchaser, or those claiming under him, together with interest, at the rate of ten per cent. per uunum, and 25 per cent, penal ty on the whole amount so paid, and amount paid by purchaser for certificate of purchase, and the ex- pensc of advertising herein re- quired."
 Sec. 5202. "The County Clerk shall publish notice in some newspaper published in the coun- | ty < of such redemption once in each week for three weeks, at an expense not exceeding one dollar for each tract advertised"
 It will thus be seen that the County Clerk has not discretion in the matter. He must first demand of the party redeeming the required notice fee, and secondly:"He must publish such notice three weeks in the County paper" This seems to be plain and unequivocal.
 This is the little, and the only morsel of pubic patronage we be- lieve we are entitled to. We are informed that parties have attempt ed to avoid the statute by waiving the publication of this notice. We cannot understand how a citizen can "waiye" a statute of the State. They don't have the courage to do 1t in other portions of the State, as we see from our exchanges that all such notices are duly published as required by law.
 | We don't think our popular and excellent clerk desires to do us an intentional injustice, but we think he has been wrongly advised, and we hope in the future that we will have no further complaint to make. All the requisites of redemption must be fully and complied with, otherwise the redemption is incom- pIetc. No, the publication of the notice is just as much part of the law as that requiring the payment of the penalty or the interest. So we warn parties who redeem, or fulfill the whole law, their re- demption is faulty, and will ultimate ly bring them to grief.-Ashley County Times.
 As the time for the redemption of forfeited lands flor delinquent taxes of 1S76) expires on the 10th of next month in our county, it is presuma ble that there will be large num- Der of redemptions made within the next ten days. For the benefit of all interested we call the attention of the public to the matter thus timely adverted to by the Times. The Times quotes the law correctly; and as we view it, it admits of but one censtruction-it means just what it says, and it says just what it means.
 We have referred to this matter heretofore, and have gone to the trouble to get the opinion of the At torney General on the matter. That official says the law requiring the County Clerk to make the publica- tion and requiring the deposit of a sufficient fec to pay the cost of pub lication is mandatory, and that the County Clerk nor no one else has any discretion in the matter. Any redemption is defective and may be set aside if this part of the law is not complied with, and we warn all parties who deposit money to redeem lands, that they had better also deposit the publishers fee and demand of the County Clerk that he cause the notice to be published as required by law.
 Heretofore our County Clerk has arrogated to himself the authority to set aside this requirement of law, and allowed parties to waive notice. All such redemptions are informal, and invalid if contested.
 --e.f Crop Prospects.