Tully

in support of the point that the publication was sufficient, cited Haskell v. Bartlett, 34 Cal. 284 ; Chandler v. Spear, 22 Vt. 388 ; Brown v. Hutchinson, 11 Vt. 569 ; Clark v. Mowyer, 5 Mich. 465 ; People v. Seymour, 16 Cal. 332 ; Perry v. Washburn, 12 Cal. 270 .)

H H. Haight, for the Respondents.

The fifteenth section of the Revenue Act of 1857, as amended in 1859, (Stats. 1859, p. 348) provides that the delinquent tax list shall be published by one insertion, once a week, for three successive weeks, in a newspaper published in the city and county, or in a supplement to such paper; and it is required that the time and place of commencing the sale of the delinquent property shall be designated in such publication. There *489 is no other mode in which the time of the sale can be designated, or the notice thereof given, than by such publication.

In this case the delinquent list was published in a supplement to the newspaper; and it was proven that the supplement was not circulated co-extensively with the newspaper, but was delivered to subscribers and others within the city and county, and not to those without the city and county. It was not the intent of the statute that the…