Bismarck weekly tribune. [volume] (Bismarck, Dakota [N.D.]) 1884-1943, 1890-03-28
EXECUTIVE OFFICE,
BISMARCK, N, D, March 20. 1890.

loSlAhCh ~. - NldiCu ~, 1oSU.
To Hon. John Flittie, Secretary of State:
l have the honor to file herewith house
bill No. S16, a bill for all act temporarily
extending the time for the redemption of
property sold upon foreclosure Of mort
gage, by order, Judgment or decree of
court, without my approval for the follow
ing reasons: An examination of the title
and body of this act shows that it was in
tended for the temporary relief of mort
gagors and intended to relieve that class of
debtors until such time as by reason of
meet their Indebtedness. Section l reads
as follows:
"That all real property sold upon fore
closure of mortgage, by order, judgment or
decree of court for which the time of re-
demption, as provided for in sections 345,
6O7. 617 and 63S, code Of civil procedure, has
not yet expired and that all real property
which may be sold upon foreclosure of
mortgage, by order, judgment or decree of
court during the years 1890, 1891 and 1892.
may be redeemed at any time within two
years after such sale as prescribed and
provided for in chapters ID and % of the
code of civil procedure"
of this act it is apparent that it would be
wholly Intellectual to accomplish the in
tended purpose. By the terms of the act
it Is intended to be made to apply not only
to sales taking place after the taking effect
of this act, but also sales made prior to
that time; and not only upon mortgages
executed after the act goes into effect, but
also upon all mortgages executed prior to
that time. Under section 10 of the consti-
tuition OF the United States and section 10
Of the constitution Of this state the legisla-
tive assembly IS prohibited from passing
any ex post facto law, or law impairing the
obligations Of contracts. 1t has long been
<hn = I0rrr 80 khs~ 1~sI I----
not only by the highest judicial tribunals
of the states, but also by the supremecourt
of the United States, that the law in force
at the time of the execution of a contract
is adopted by the parties to that contract
and becomes a part and parcel of the cor
tract itself.
This being the case, all mortgages X
to-wit, July LIST, 1890, must be governed
and controlled by the existing laws with
reference to the time allowed for redemp-
ton; and the only effect which this law
could have would be that as to mortgages
executed after July LIST, 1890. the time of
redemption would be extended to two
years; as the large majority, of real es::
three to five years, it is apparent that this
act would be of no practical benefit for the
reason that under the provisions of this
act it only applies to sales made during
the years 1880, 1891 and 1892, and
it is wholly unlikely that any
July. 1890, would be foreclosed and the
property sold during the time mentioned in
this act. Again, the provisions of this act
only applies to sales made under forecl0s-
ure Of mortgage by order, judgment or de-
cree OF court. AS all mortgages containing
| a power of sale may be and usually are
foreclosed by advertisement, it is apparent
that this act wOuld wholly fail If oivino
the intended relief, as all that would be
necessary to defeat the right of the mort
gagor to redeem the property at any time
within two years under the provisions of
this act, would be for the mortgage to
foreclose by advertisement and not by