Year: 1871

t-l The Printing AcI. -r-


An Act regulating public printing,
was passed during the called session
of the Twelfth Legislature of 1870, and
became a law on the 18th day of Au-
gust. On the Gath ofIast November, an
Act was passed repeating certain sec
tions which became law without the
signature of the Governor. The re-
pealed sections are AS follows:


SEC. II. In addition to the other
duties herein imposed upon the State
Printer, he shall be required to pub
lish in his official journal all judicial
advertisements required by law to be
published in the judicial district
wherein said official journal is situa-
ted, including sherifs' and constas
bles' sales, notices of elections, sue
cession notices, and all proceedings
and orders of any court that may be
ordered published in said judicial
district; and all such publication or
advertisement shall be utterly null
and void unless SO published in the
official journal. 1t shall be the duty
of the State Printer, upon the pay
ment of the printers fee, to file in
the clerks Office of the court having
| Jurisdiction, his affidavit, with copy
of any judicial advertisement ordered
by said court to be published, ap-
pended, together with his receipt for
the payment of the printing fees,
paid by the party at whose instance
or for whose benefit such advertiseN
ment shall have been made, to be
collected as other costs, which aft.
davit shall give the dates of the paper
in which the advertisement appeared,
and be fled and recorded by the
clerk, as the legal evidence of the
publication of the same, to be read,
or certified copy thereof, in all the
courts of law or equity, and no other
evidence of such publication shall be
required or allowed.


SEC. 13. That the Governor be,
and he is hereby empowered to dess
ignate certain journals to perform
and publish the county and judiciary
printing and advertising of the judi
cial districts, respectively, in which
such journals may be published. In
case no paper is published in any
judicial district in this State, such
publication may be authorized to be
made in a paper published nearest
thereto. Each paper 80 selected,
shall be the official journal of. the
judicial district wherein it shall be
published and all county and judi
cial printing and advertising for, or
in said judicial district, shall be done
by and published in said journal
and after such selection, and notice
thereof to the district judge, district
clerks, sheriffs and justices of the
peace in said judicial districts, every
advertisement and publication in any
othor paper than the one so selected,
shall, during the term of such selec-
ton, be null and void for any legal
purpose. All printing and adver-
tising authorized to be done by this
Act, whether State, Judicial, or 9TH
erwise, shall be paid for at the rate
authorized by item six, section ten of
this Act.


Sec. IA. That before any public
or private sale, under order of any
court, shall be had, due notice of such
sale, with a full account or descrip
ton of the property to be sold, shall
be published in the legal advertising
medium of the judicial district in
which such property shall be sold,
for a period of four weeks, one in
sertion each week, Immediately pre-
ceding such sale; and any officer sell
ing property of any kind whatever
without advertising the same as re-
quired by this section, shall be res
ponsible for all damages that any
party may sustain.


SEC. Is. That whenever it shall
be established before any court of
competent Jurisdiction that the pro-
visions of section fourteen of this
Act have not been complied with, the
party or parties purchasing the pro-
perty not properly advertised, shall
forfeit the amount paid for such pro-
perty, and such property shall revert
to its former. position as when no sale
had been made.


Sec. 16. That where property is
sold under the provisions of this Act,
the officer selling the same shall pay
the expenses of advertising out of
any of the cash proceeds of said
sale; in case there be none, tie
newspaper so advertising shall, under
the provisions of this section, hold a
first mortgage on said property until
said advertising shall be paid.


Sec. II. That all railroads in this
State, shall advertise in the legal
advertising mediums of every judicial
district through which they pass, a
correct schedule of the hours of ar
rival and departure of all regular
trains, and all rates of passage and
freights.


That part of the law which still ex-
lists, refers alone to State printing, and
under the law, as now in force, there
can be but one official journal in the
State, which possesses only an exclu-
sive right to the printing and publish
ing of whatever nature, for the use of
both Houses of the Legislature, for the
Executive, Judicial and other depart