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Session Laws, 1943
Volume 584, Page 1353   View pdf image (33K)
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HERBERT R. O'CONOR, GOVERNOR. 1353

90H. FORECLOSURE AGAINST SEVERAL PROPERTIES IN ONE
PROCEEDING. Any single holder of certificates of sale relating
to several properties in the same county may include and join
in one proceeding any number of the said certificates. The
bill of complaint filed in any such proceeding shall not be
subject to objection on the ground of multifariousness.

90-1. VALIDITY OF TAXES AND SALE THEREFOR PRESUMED
UNLESS ATTACKED IN ANSWER. In any proceeding to foreclose
the right of redemption, it shall not be necessary to plead or
prove the various steps, procedure and notices for the assess-
ment and levy of the taxes for which the property was sold or
the proceedings taken by the Collector to sell the property.
The validity of all such procedure shall be conclusively pre-
sumed unless a defendant in the proceeding shall, by answer,
set up as a defense thereto the invalidity of the taxes or the
invalidity of the proceedings to sell or the invalidity of the
sale. A defendant alleging any jurisdictional defect or in-
validity in the taxes or in the proceeding to sell, or in the sale,
must particularly specify in his answer such jurisdictional
defect or invalidity and must affirmatively establish such
defense.

90J. COSTS OF PROCEEDINGS. The costs and disbursements
• in any proceeding to foreclose the right of redemption shall be
in the following amounts and no more: Clerk's costs—$6. 50
(which" shall not include recording costs). When more than
one property is included in the same bill of complaint, and
when an answer or other pleading is filed the Clerk shall be
entitled to additional costs in accordance with the usual
schedule of Clerk's costs in, other proceedings in equity.

Appearance fee $5. 00 for each action, irrespective of the
number of properties included in such action. When an answer
is filed in any proceeding the defendant's appearance fee shall
be $5. 00.

For necessary title searches $10. 00 for each property, except
that the court, upon proof that the search was unusually
difficult, may allow an amount not exceeding $25. 00 for such
search.

For service of process, not more than $1. 00 for each service.

90K. PLAINTIFF ENTITLED TO DISBURSEMENTS MADE. Upon
redemption, the plaintiff shall be entitled to be reimbursed for
expenses actually incurred in accordance with the provisions
of Section 90J. In addition to the sums specified in Section
90J, the plaintiff, upon redemption, shall be entitled to be
reimbursed for fees actually paid for recording the certificate
of sale, for expenses actually incurred in the service of process
toy publication, and for taxes, together with interest and penal-

 

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Session Laws, 1943
Volume 584, Page 1353   View pdf image (33K)
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