Santa Fe new Mexican. [volume] (Santa Fe, N.M.) 1898-1951, 1899-03-02

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once each week for the period of four
consecutive weeks, the last publication
to be not less than thirty days prior to
the return day named in said notice: the
whole of the advertisement shall be con-
tanned in each edition of such newspaper,
and its supplement, if such supplement-
be necessary; provided hat the tax col
lector may subsequently advertise and
obtain Judgment in the same manner for
the sale of any land, real estate or per-
sonal property that may have been omit
ted or enormously advertised or des-
cribed in the first advertisement.
Sec. Is. If by neglect of the of1icerto
make returns or from any other good
cause real estate cannot be duly adver-
tised and offered for sale within the time
prescribed in this act, such advertise.
ment and sale may be made and had at
any other time: and the officer so add
vertising shall set out in the advertise
ment the reasons for such delay,
Sec. II. Upon the completion of the
publication and notice, the district at
torney for the county shall file Il COM
plant in the district court, emitting the
cause substantially as follows: THE
territory of New Mexico against the
persons, real estate, land and property
described in the delinquent tax list of
the county of ......... .. for the year
........,...." Which complaint shall
set forth the fact of the preparation and
publication of the said delinquent tax
list and notice, a copy of which shall
be attached to the said complaint and
made a part thereof: and shall ask judg-
ment and decree of said court against
the property and persons described in
said list, and that the lien upon said
property be foreclosed, and for an order
of sale of said property to satisfy said
judgment. The delinquent list shall be
prima facie evidence that the taxes
therein listed are due against the prop
: erty and from the person described
therein. Upon said publication and
advertisement being made and the filing
of said complaint, together with the
atfidavits showing the publication as re-
quired by law, the said district court
shall acquire full and complete iuriSdic-
ton over the lands, real estate and prop
erty described and contained in said
delinquent tax list, for all purposes
necessary in order to carry out the objects
and intent of this act; Provided. That
no separate suit under the provisions of
this act shall be brought against indi.
viduals or their property, unless it shall
be made to appear to the judge of the
district court where the property may
be situated that a separate suit is neces-
sary, in which case the Judge may au-
thorize such separate suits by an order
in writing. Provided. further, That
whenever in the opinion of the district
attorney it may be necessary so to do,
and preliminary to a personal judgment
against any person, co-partnership or
corporation owing delinquent taxes, the
clerk of the court shall, upon the re-
quest of such district attorr ey, issue a
summons to such person, co-partnership
or corporation entitled in the cause, as
provided in this section, which summons
shall be in all other respects in the
form and served in the manner and of
the same force and effect as prescribed
by the Code of Civil Procedure for sum-
monses in civil actions, and the court
shall thereupon be authorized and m
powered to render a personal Judgment
against such person, co-partnership or
corporation upon whom service of sum
o may have been had, and to issue
execution hereon.
Sec. 1S. The court shall examine said
delinquent tax list and shall order judy
ment to be entered up for tile amounts
stated therein. together with penalties,
interest and costs, against all property
therein listed, the owners of which have
interposed no defense to said action,
and personal judgment against the own
ers thereof where such owners have
been served with process as provided in
section II of this act; and if defense be
offered by any person interested in any
of said property specifying in writing
the particular grounds of such defense,
the court shall hear and determine the
matter, and shall pronounce judgment
as the right of the case may be.
The court shall give judgment for
such taxes, penalties. interest and costs,
as it shall appear to be due, which judy
ment shall be construed as a several
Judgment against each parcel of prop
erty or part thereof assessed against
each individual or person respectively
for each item of taxes assessed against
him included in such delinquent list,
together with the penalties, interest
and costs thereon. and against the
owners thereof in case of persona
service upon them; and the court
shall direct the clerk to issue an
order directing the tax collector
of said county to sell at public auction,
as provided in section % of this act, all
of the property included in said delin-
quent tax list, upon which Judgment is
given; which order shall be substan-
TALLY in the following form:
''To the Collector of Taxes for the
County of ............ Territory of
New Mexico.
Correcting: Whereas. Judgment has
been rendered against such of the prop
erty mentioned and described in the de-
linquent tax list for said county for the
year....... as is included H. the copy of
said judgment hereto attached, for the
taxes, penalties, interests and costs due
and unpaid thereon, in favor OF the ter.
ritory of New Mexico tor the amounts
set opposite each description in the said
copy of judgment, You are hereby com
manded to sell at public sale, as provi-
ded by law, the said property, or so
much thereof as shall be necessary to
satisfy the amount of taxes, penalties,
interest and costs, for which Judgment
has been given against each lot or par
eel of property respectively.
Which order shall be signed by the
Judge.
Judgment may be entered up and an
order of sale issue against all the prop
erty as to which no defense has been IN