Page:United States Statutes at Large Volume 49 Part 1.djvu/1199

 1154 74TH CONGRESS. SESS. II. CH. 111. MARCH 2, 1936. ss Redem ption before property by decreeing a sale thereof ; and up to the time of the sale hereinafter provided for such property may be redeemed by the owner or other person h aving an inter est therein by the payment of all taxes or assessments due the District of Columbia upon said prop- erty and all legal pena lties and cost s thereon, toge ther with such other expenses as may have been incurred by said District prior to, and as a result of, the filing of the action herein provided for. Notice to owner. SEC. 2 That before any such action shall be instituted, the afore- said Commissioners shall cause notice to be given in the name appear- ing upon the records of the assessor as the owner of such property, by registered mail directed to the last known address of such person, and by publication once 'a week fo r three succes sive weeks in s ome dail news paper published and circulated generally in the District of olumbia, aga inst said pers on and "all oth er persons havi ng or clai ming t o have any r ight, t itle, or int erest in or to the real e state proposed to be proceeded against, their heirs, devisees, executors, administrators, and assigns", by such designation, to appear before them on a day certain, which day shall be at least ten days after the last publication of said notice, a nd show cause, if any they ha ve, pa rti es defendant. why the said real estate should not be proceeded against. For the purpose of the proceedings herein provided for, the person appearing by the assessor's records, at the time of the first publication of notice, as the owner of such property, and any other persons who may appear in response to the publication aforesaid and claim to have an interest in such property, shall be deemed proper parties defendant order of the court. i n any such proceedings. Upon the filing of the petition aforesaid, the court shall enter an order directed to the person or persons named as defendants therein and "to all other persons having or cl aiming to hav e any right, title, or i nterest in th e real estat e pro- posed t o be s old, t heir h eirs, d evisee s, exe cutors , admin istrat ors, a nd assigns", by such designation, directing them to appear on a day certain, whic h day shall be not less t han th irty d ays aft er the date of the last publication of said order, and show cause, if any they have, validity of service why said real estate should not be proceeded against and sold. The and sale. said order shall be published once a week for three successive weeks in some daily newspaper published and circulated generally in the District of Columbia ., and such publication shall be considered as sufficient service upon such person or persons as cannot be found by the marshal wit hin the Distric t of Columbia o r who are nonr esident or un know n, t heir hei rs, devi sees, ex ecut ors, adm inis trat ors, and assigns ; and the proceedings or sale of such real estate shall not be rendered invalid if the true owner or owners or any other person or persons havin g any right, title, or in terest in sa id real estat e shal l not be included as a party to the suit, if it shall appear that the . publication herein provided for shall have been duly made. Court to decree sale SEC. 3. Upon proof in said suit of the failure of the owner of an by collector of taxes. such property to redeem the same as provided by law, the court shall, without unreasonable delay, decree a sale of the property to satisfy the lie n of t he Dis trict of Colu mbia f or tax es, as sessmen ts, pe naltie s, interest, and costs, and any other costs or expenses that have been incurre d by s aid Di strict prior to or after the in stituti on of suit a nd in connection therewith, which said costs shall include court costs, but in no such case shall ther e be any allowa nce by the cou rt of a docket fee, attorney's fee, or trustee's commission. All such sales shall be conducted by the collector of taxes or his deputy, by public auction either in the office of said collector or in front of the prem- ises to be sold, as the court may determine, after advertisement for ten consecutive days in some daily newspaper published and cir-