The Tucumcari news and Tucumcari times. [volume] (Tucumcari, N.M.) 1907-1921, 1909-05-29
PUBLICATION LAW ATTACKED
FROM new SIDE
Colfax Man Points Out That II
Is in Conflict With Statute
Regarding Executions

cised for the reason that in some
cases the requirements OF other
statutes cannot be complied with
IL notice is published as required
bv law. Such is the case, how
Section 3Gt7 OF the Com.
piled Laws OF New Mexico (fSo-)
provides that all executions taken
out OF the district courts shall he
returned within sixty DAYS from
the date OF the delivery thereof,
TO the sheriff or other officer"
Section l OF the new publication
law provides in part as follows:
In all cases the last insertion
ot any publication shall I've at
least four weeks before the re.
turn day Of any process " day
hNed tor a sale
Section OF said publication
law further provides that all notices
including notices OF sales on exc.
cution, shall be published on the
same day OF each week tor tour
consecutive weeks IN a daily news.
paper, or IN tour consecutive
issues OF a weekly newspaper, It
there is no daily published in the
county. II can therefore be easily
e that IN all execution sales 1t
H. difficult and in MANY cases i'm.
possible to levy on the property,
give the required notice, wait tour
weeks, hold the sale and have the
return filed with the clerk OF the
courts within sixty DAYS from the
date OF its delivery to the officer.
For instance, at the present time
our law firm wishes 10 sell on exc.
cutiou some real property located
near Mora. In Mora county
notices must be- published in the
Spanlsh-American, an English
newspaper, at Roy, and in the III
Combate, a Spanish newspaper, at
Wagon Mound, both werklIeS. II
We deliver the execution 10 the
sheriff AZ Mora June lth, and he
should have nothing else to do and
lew on the property June 5th,
writing US immediately the dcscrIp.
ton OF the real property, W. couli
receive his letter the evening vi
the 9th. II We prepared and mail.
I'd the notice 10y return mail, It
could reach him 70 be signed III
Sth Tie might mail them IN time
to be- published IN thu I'll Comhl,e
the nth and in the spanish .Ameri.
can the I2th though this Is ques.
tiunahle.
Tn, notice would have &c b.
published tour times N each news.
paper which would make the last
publication July sd. 1t would
then he necessary 10 wait AZ least
twenty.eight DAYS which would
make the earliest possible date OF
sale uly SYST. We could hear
from the sheriff in regard to whom
he sold the property, the price,
etc, August and. 1t we wrote
and mailed him the report OF sale
10y return mail, he could not re-
ceive it before August 4th, then it
he signed and mailed it TO the
clerk AZ Las Vegas by next mail
It would reach him and be filed
the 9Th, siXty.three DAYS from the
date the execution was delivered
10 him and three days after IN,
return day OF the execution.
The time would really be Longer
than sixty.three days because IL
the foregoing case | have estlmat
I'd that the levy and every notice
letter, etc, would be attended &c
10y return mail, while there woulc
be some delays. The sheriff oI
attorney would be busy with othcI
matters or out oil town, and tn,
notices might not reach the news
papers IN time Tor publication tina
week, which would probably b,
the case as | estimate that the,
would reach them the day beior,
publication. OF course, 1t III,
attorney and the sheriff lived II
the same town, it would he posi-
bl, by crowdlng to make the returI
within sixty days, but in man.
cases that IS not the case. II
the duty OF the attorney 10 and h
always draws the notices, reports
etc, tor the sheriff 10 sign. III
inconsistency between the w.
statutes above quoted IS one tina
seems to have escaped the Wig
ilance OF the judiciary committee
OF the Legislature and il the publ
cation Law IS not annulled 10y cor
gress, a question will be raised j
regard TO the legality Of many eS,
cutlon sales and therefore in fcgar
to the title oil real property sol
on execution.
Very truly,
w. K. Holly.
Springer, n. NJ, May "a, 1909.