The times. [volume] (Richmond, Va.) 1890-1903, 1900-03-02

than e nor more than So, which shall
be paid to the applicant, togetner Win
such an amount as the applicant had pre-.
viously paid to the Clerk at the tltle OF
making such application, then inc person
who made the application shall have
right to purchase the real estate within
five days from the expiration OF the TOUR
months. as aforesaid, by paying TO the
Clerk all remaining taxes, leTles, inter
est, penalties, fees and costs and hy
paying all city, town and county taxes
and levies remaining unpaid. together
with all interest and penalties; and II the
applicant does not, within said live Gays,
exercise such right, then all amounts ne
posted by him as provided In TINS act
shall be forfeited to the Commonwealth
and the rights of such applicant to such
land shall cease, and the right to redeem
the same shall Immediately accrue TO All
parties entitled to redeem the same, and
the right to file application for the pur-
chase of the same shall also accrue I'M
mediately to any one desiring TO pur-
chase.
SURVEY THE LAND.
And the purchaser shall then. in or
der to complete his purchase, at his eN-
pense, have a report made to the county or
corporation court OF the county or corpor-
alton in which the said real estate Is Sit
uated by the surveyors of such county.
or the engineer of such city; or where
there is no such surveyor or city engineer,
or when such surveyor or engineer re-
fuses to act, by some competent surveyor,
to be appointed by such court for that
purpose, specifying the metes and bounds
OF said real estate, the names oil the
owners of the adjoining tracts OR lots.
and 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 no additional surveE
IL a sufficient description OF the sa d
land can be obtained from the records;
which fact, and the order dispensing
Herewith, shall be entered by such court
upon its order-book. And the county or
corporation court, unless it have some
objection to such report, shall order the
same to be recorded After such re-
port shall have been recorded, or dis
pensed with as hereinbefore provided. the
purchaser shall obtain from the clerk
of the county or corporation court OF
the county or corporation in which
the said real estate is situated, 4
deed conveying the same. in which Shall
be set forth all the circumstances APP
pearnS in the clerks office in relation
to the sale, and reference shall be made
In said deed to said report. or the or
der Of the court dispensing Herewith,
as the case may be. Every such deed
snail DE with covenants of special war
ranty. In no case shall the Common
wealth he liable for any costs incurred
under any of the provisions of this act.
For making off a copy Of an application
under this section the clerks shall be
entitled to a fee of 20 cents; flor every
order Of publication and posting, so
cents; for every deed executed 81, and
for every copy of application served I'M
der this section by sheriff or other Of
ticer, he shall receive 80 cents All the
foregoing fees may be required by the
clerk or other officer to be paid In ad-
vance, except the fee for the deed, which
may be paid upon the delivery of the
deed; but the fee taxed for the order OF
publication against the party redeemins
the land shall be the amount actually
paid or contracted to be paid by the APP
pllcant for the publication of such or
der. If the clerk refuse to execute such
deed, the court of the county or corpor-
alton wherein such real estate is situated
may compel him to do so upon the petit
ton of the purchasers.
If no such deei be made under this
section within one year after the date OF
the application for the purchase of the
said real estate to the party entitled
to the deed, unless hindered by judicial
proceedings, the person or persons en-
titled to redeem the same. as hereinbe-
fore mentioned, his or their heirs or as
signs, may, after such year and before
such deed is made redeem the said real
estate by paying the purchaser the amount
paid therefor by him, including the costs,
but not the penalty hereinbefore provided,
with such taxes and levies as he may
have paid thereon since such purchase,
with interest al per centum per annum
upon such payments from the date they
were respectively made. If no such deed
be made under this section within two
years after the date of the said application
to the party entitled to the deed. his or
their heirs or assigns. and if the said
real estate be not redeemed as herein
provided and void, and all amounts paid
by such applicant as povided in this act
shall be forfeited to the Commonwealth,
and the right of such applicant to such
lands shall cease: and the lands shall
be open to a new application as if none
had been made The provision of section
SCI of the Code of Virginia shall apply to
deeds made under authority of this sec
ton, and the provision of ection Go2 shall
apply to real estate sold under authority
of this section. Nothing herein contained
shall be construed as affecting the duties
of the Commissioner of Revenue as pre-
scribed by section 469. No appica ton
shall be made under this section to our
chase any real estate il at the time OF
such application suit is pending either
to satisfy debts due creditors or for par
tition among the parties interested. until
after the land has been sold in said suit
and the court has failed to cause the
taxes to be paid out of the purchase
money. If one application has been filed
for the purchase of real estate, and copies
thereof issued no second application
shall be considered for the same 7.ece
of land until the rights of the first appll-
cant shall have expired
NOTIFIED IN WRITING.
Every applicant for the purchase of land
under this section who does not reside
in the county or corporation wherein
said land is situated SHALL in writing,
designate some resident of said county
or corporation as his agent or attorney.
upon whom all process against or notice
to such applicant shall be served, and
service OF any such notice or process
upon such agent or attorney shall have
the same force and effect as If served
upon the applicant in person. Such
writing shall! be signed and acknowl-
edged by the applicant. and delivered to
the clerk of the court in whose office any
application under this section shall be
filed, and shall be by him recorded in
deed book of said office; except that said
Ia in tine Clerk 6