The times. [volume] (Richmond, Va.) 1890-1903, 1900-02-11


ed as llcreinbeforc provided. On affidavit
that one or more Of the parties are nom
residents of the State, or that diligence
has been used by or on behalf of the
applicant to ascertain in what county
or corporation such persons are. without
enect-no such affidavit being effectual
unless it shows that the af1iant has in
quired of the occupant of said real es-
tate provided theirs is one; or that a
copy of the application has been twice
delivered to the proper officer of the
county or corporation in which he re-
sides without being executed, an order
of publication may be entered by the
clerk against such parties. The order of
publication shall contain copy of the
application and require the parties there
in named to appear within four months
after due publication thereof andIS do
what is necessary to protect their inter
eStS.
TO PUBLISH NOTICE.
IT SHALL BE PUBLISHED ONCE a
WEEK FOR -FOUR SUCCESSIVE
WEEKS IN "A NEWSPAPER PUB
L1SHDD IN SUCH CITY OR COUNTY,
IL THERE BE ONE, TO BE DESIG-
MATED BY THE CLERK, AID If
THERE BE NONE. IN, SUCH NEWS
PAPER AS THE CLERK NAY DIRECT,
and shall be posted by the clerk at the
front door of the courthouse of the coun-
~ or corporation wherein the court is
held on the first day of the next county
or corporation court after it is entered.
If no person who has right to redeem
THE SAME at the time of the service of
the copies. of the completion of the
order Of publication as aforesaid, AP-
PEAR WITHIN FOUR MONTHS AT
TER SUCH COPIES HAVE BEEN SO
SERVED OR PUBLISHED. AS THE
CASE MAY EE, and redeem said real
estate by paying to the clerk Of the coun-
~ or corporation court all of the taxes
county levies, INTEREST, penalties and
costs Herewith connected, AS WE'LL AS
ALL FEES AND COSTS ATTENDING
THE PROCEEDINGS UNDER THIS
SECTION. INCLUDING A PENALTY
EQUAL TO TEN PER CENTUM OF
THE AMOUNT FOR WHICH SAID
REAL ESTATE is PROPOSED TO BE
PURCHASED, PROVIDED SUCH PEN
Atty BE NOT LESS THAN TWO DOL
LARS, NOR MORE THAN FIVE DOL
LARS, WHICH SHALL BE PAID TO
THE APPLICANT, TOGETHER WITH
SUCH AN AMOUNT AS he HAD PRE-
VIOUSLY PAID TO THE CLERK AT
THE TIME OF MAKING SUCH APPII-
CATION, then the person who made the
application shall have a right TO pur-
chase the real estate within five days
from the expiration of the four months
as aforesaid by paying to the. clerk all
remaining taxes, INTERESTS, penalties,
fees and costs APPEARING TO BE DUE
TO THE STATE AND COUNTY OR TO
THE STATE AND CITY IN WHICH
SAID REAL ESTATE IS LOCATED;
AND IF THE APPLICANT DOES NOT
WITHIN SAID FIVE DAYS EVER
CISE SUCH RIGHT. THEN ALL
AMOUNTS DEPOSITED BY HIM AS
PROVIDED IN This ACT SHALL BE
FORFEITED TO THE COMMON
WEALTH. AND THE RIGHTS OF
SUCH APPLICANT TO SUCH LAND
SHALL CEASE, AND THE RIGHT TO
REDEEM THE SAME SHALL lMME-
DIA4 ELY ACCRUE TO ALL PARTIES
ENTITLED TO REDEEM THE SAME.
THE REPORTS.
And the purchaser shall then, in or
der to complete his purchase at MS
expense have a report made to the coun-
ty or corporation court of the county or
corporation in which the said real estate
is situated, by the surveyor of such coun-
ty or the engineer of such city, or, wherc
there is no such surveyor or city enGl-
neer, by some competent surveyor 10
be appointed by such court for that pur-
pose. specifying the metes and bounds OF
said real estate. the names of the own
crs of the adjoining tracts or lots, ana
giving such further description of the
said real estate as will identity the
same But in the discretion OF the
court, there need not be an addltnnai
survey if a sufficient description OF the
land can be obtained from the records.
WHICH FACT. AND THE ORDER
DISPENSING THEREWlTH. SHALL
pr ENTERED BY SUCH COURT UP
~ IRIS ORDER BOOK. And the coun-
~ or corporation court. unless it nave
eor,o objection TO such report. shall order
tho game to he recorded. After such re-
MORT shall have been recorded OR DIS
prNSED WITH. AS HEREINBEFORE
PROVIDED. the purchaser shall Obtain
from the clerk Of the county or corpora
+ion court of the county or corporation IN
which the said real estate is situated
decd conveying the same, in which shall
ho cot forth all the circumstances ap-
,,c.,-;n- in the clerks office in relation
~ Tho sale. and reference shall be made
:; tho said deed to said report, OK
TI1E ORDER OF THE COUNTY
1oITBr DISPENSING THEREW1TH.
As THE CASE NAY BE: provided. that
tho title shall not vest in the grantee un-
loss the service of such notice be had IN
conformity with the terms of this act.
ar il be shown that the order Oh pubh.
cation was duly had, but SAID deed shai
~ rr;n,a facic evidence that said notice
sorrcd Every such deed shall be
viii, covenants of special warranty In
M case shall the Commonwealth be la-
HE for any costs incurred under any OF
t,o provisions of this act. For making
oe q COPY of an application under this
saotion The clerks shall be entitled to
fea If TWENTY cents: for every order
- rub1ication and posting. one dollar;
ta- every deed executed. one dollar: and
for o every copy of application served un-
Eanr his section by sheriff or other officer,
he shall receive thirty cents.
THE FEES
An the foregoing fees may be required
-, the clerk or other officer to be paid
~ ADVANCE. except the fee for the deed,
,,h,ch may be paid upon the delivery
~ the deed. If the clerk refuse to exc
- c,,,e such deed the court OF THE
cnIISvrYS OR CORPORATION WHERE
IN cITcu REAL ESTATE is SITUATED
NAV compel him to do so upon the pc
t;tion of the purchaser. If no such deed
Ia made under this section within one
,e,r the date of the application for the
purchase Of the said real estate to the
n,rty entitled to the deed. the person or
nersons entitled to redeem the same. as
hore;nhefore mentioned his or their heirs