Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1899-01-04
to consummate his purchase as under the

u
| could he found after advertisement, Win
| out other notice TO the land-owner, tns'
under the act OF 1S93-yt, IL coulu nc pu.
| chased by any one desiring to acquire ~,
without giving notice Oh tba any , S the law
OF 1876. only thirty days notice was
given. and that only to the person IN
whose name the land stood when pur-
chased by the Auditor
good many applications commenced
10 be filed under this act, and a great
cry was raised because OF the shortness
OF the notice, and of the fact that all
parties I'm interest were not required 70
be notified of the application lmmedi-
ately upon the assembling OF the Leglsia-
ture I'm December. 1887, several bills We're
introduced to cure these defects, and as
early as the 30 day OF December, Senate
Bill %. from which the present law was
evolved, passed the Senate. on the ,tn
day OF December this bill came up In the
House. the amendment adding penalty
OF s. as a part of the costs, ana other
amendments were offered. and the bill was
referred to the Committee on Courts OF
Justice, of which | was a member. On
perhaps a half dozen occasions 1t was dis
cussed at some length one or more spe-
cial meetings were held TO consider IT, ana
then a Subcommittee was appointed 10
look into the matter and draft substitute
bill in accordance. with the views enter
tanned by a majority Of the general COM
mittee. The bill drawn by the sub-com-
mittee, with some slight amendments,
was. il ! recollect Alright. after full discus
sion. reported with practical unanimty
to the House. where IT was passed. after
having been fully explained, almost with
out a dissenting vote. Its final passage
through both Houses was effected on the
10th day of February. the bill having been
under almost constant consideration since
the 80 day of December. Reporters from
the Richmond papers were upon the floor
Of the House and Senate, and the COM
mittee meetings were almost constantly
attended by them. so that the people
throughout the State knew very wei that
the bill was being discussed, and what its
provisions would most likely be. The bill,
In my opinion, excited as much interest
among, and was as well understood by,
the members as any bill that became a
law during the session. Immediately
upon it's passage a resolution was adopt
ed providing that $50 copies Of the law be
printed for the use of the members, and
these copies were widely distributed.
think, too. the new law was published at
length in at least one Richmond paper,
ana yet / remember no unfavOr9ble COM
ment at the time from the press. or from
the people. / mention these facts because
! have seen it charged by the press that
the bill was passed unadvisedly and with
out proper consideration. II might be
well TO add that the then existing law on
the subject was. on the 18th day Of De
cember. suspended for sixty days, I'm order
TO give ample time Tor discussion and con-
sideratiOn.
And now let us consider the law that
was finally agreed upon, and which re-
celved the approval of the Governor on
the 18th day of February:
An application has 10 be filed with the
Clerk. as under the law Of 1876, but in
this application must be set forth "the
name Of the person in whose name the
real estate stood at the date of the sale
thereof 10 the Commonwealth, and OF the
person In whose name such real estate
stands at the date of said application"
ana also the names OF any trustees,
mortgages, or benefciaries in any deed
OF trust or mortgage" which has been
recorded not more than ten years prior 10
such date. or II any OF the said parties
be dead. the names of their personal rep
resentativcs. The Clerk IL required TO
furnish to the Sheriff or other person
named by the applicant the necessary
number OF certified copies OF such appli-
cation. and the said copies must be served
on the parties therein named, In the same
manner that summons TO commence a
suit Is served, within sixty davs after
they are issued by the Clerk. An order
or publication Is provided for under the
same circumstances that it would be- is
sued in an action at law. Any person
who has right to redeem at the time OF
the service OF the notices may appear
within four months after such service,
and redeem the land by paying "all of
the taxes, penalties. and costs Herewith
connected, as well as all fees and costs
attending the proceedings under this sec
tlon. including penalty Of s. which shall
be paid 10 the applicant" IL no one ap-
pears and redeems the land within four
months, then the applicant NAV. within
llve days, come in and proceed to perfect
MS title practically as under the proceed
ing laws.
The substantial difference between this
and the law of 1855 is, that under the
q "a l..
interested I'm the redemption Of the land
l. given four months notice Of the appli-
cation in the same manner as if suit
mad been brought, and the applicant is
allowed $ tor his trouble, in the event the
land Is redeemed; while under the law of
lSyo- 30 but thirty days notice was given,
and that only 10 the person in whose
name the land stood when purchased by
the Auditor Frequently a different person
IRON the present owner, and no penalty
was provided for.
When the land is not redeemed, there
can be no question that the law is emf
nent.y rair one, as full and free notice
Is gwen 20 every person Interested and
the applicant has to pay i'm addition 10
the costs Of the notices. just what he
would nave paid, besides interest apd adj
ditional taxes, had he purchased the land
az the original sale; so IL Is useless TO dis
cuss that phase OF the case.
We Will consider now the other phase
or the law, the case where tile owner or
some other person entitled TO DO SO comes
IN ana redeemS-aud pays the penalty for
MS deIdult, ana let US see III that phase
Is not also fair and just, as We'll as wise,
effective, and eXpedient.
Inc only objection that the landowner
can make Is that he must pay q penalty
Of 81, IN addition 10 the taxes, interest
ana other charges Upon the threshold
he is met with the statement that by his
own wrong he has brought this upon him
sell. lie cannot say that he did not know
the taxes were delinquent, because the
books are open at all times to his inspec-
ton, and he could have ascertained that
fact. lie cannot say that he has not had
time 10 look into the matter, as the taxes
must have been payable for three years
before the application could have been
filed. He cannot be heard TO plead that
the taxes were already delinquent when
he purchased the land-such a plea would
not avail him against the lien Of an In.
dividuaI, and II should not be considered
against the paramount lien of the State.
lie cannot we'll say that he could not
raise the money, because the very fact
that he does redeem is conclusive evil
deLce that he could pay; and. except in
those cases where, by mis- negligence, h.
was unaware that the tax was due, il IL
also evidence that he was simply waiting
TO be made to assume his just share on
the public burden.
IL cannot be denied that the notice re-
CURED by this law Is ample, and certainly
ii is proper tsat such notice should be
given. This being true, was not the pen
atty 70 which 50 much objection is being
made, an absolute necessity In order 10
keep the law from being rendered q
nudity?
The primary object of the law was 10
collect taxes. In order TO do this, the de
linquent must be notified that the time OF
settlement has arrived, and the notice
must be Of no uncertain sound. We had
trliied already too long. Either the State