ART. 83.] SALES AND NOTICES. 587
notice shall be by advertisement set up at least ten days before
the sale at the court house door of the county or city, and at
least two other public places most convenient to such goods and
chattels, and in the case of negro slaves, lands or tenements,
notice thereof shall be given by advertisement set up at least
twenty days before the day of sale at the court house door of
the county or city, and also published for the same period of time
previous to the day of sale in one newspaper, if any, published
in said county or city, but notice of a constable's sale of goods
and chattels, except negroes, need not be set up at the court
house door.
5. If the editor of a newspaper in any county shall refuse or
neglect to publish, on application to him by the sheriff, coroner,
elisor, constable or other officer, the notice required to be given
by such officer for the sale of slaves, lands or tenements, the
same may be given by advertisement set up at least twenty days
before the sale at the court house door, and other public places
of the county in which such property may be, and the said
officer shall annex to his return of the writ under which sale
shall be made, a statement on oath of the refusal of said editor
to publish said notice in his newspaper; and the demand of an
exorbitant price by an editor shall be deemed a refusal.
6. Any sheriff, constable or other officer who shall by virtue
of. any legal process give notice by publication in any newspaper
of the sale of any negro slaves, lands or tenements, as required
by law, may recover the costs of such publication from the
defendant in such process as other legal costs, and if the de-
fendant be unable to pay the same, the sheriff, constable or other
officer, after having paid the same, may recover the amount so
paid from the plaintiff as other debts are collected.
7. Whenever any judge, justice, commissioner or auditor shall
be required by law to direct the publication of any notice or
other advertisement in one or more newspapers, he shall direct
the place or places in which such notice or advertisement shall
be published, the number of papers in which it shall be inserted
and the number of insertions in each paper, but shall not name
such paper in the order of publication, but leave to the party at
whose expense such notice or advertisement is to be published
to select the paper and contract for the cost of publication; but
when such publication shall be ordered to be made in the city
|
|