West-Jersey pioneer., 1873-05-30
fBY AUTHoRITY.l
Laws Of New Jersey.
CHAPTER Doxc.

An Act for the foreclosure of mortgages, where
the moltgagor has absconded, conceals him.
self, is unknown, or has died, aud his neirs are
unknown or some part OF them.
l. Be ii enacted, by the Senate and General As
sembly of the State of New Jersey, That whore
any person holds mortgage against any lands
real estate situate. in the state of New jersey
and the mortgagor or those holding under him
has absconded, conceaeld himself is unknown to
the holder of said mortgage or is dead and his
heirs or deVisees are wholly unknown. or some
part of them unknown, it shall be lawful for
the holder of any such mortgage TO file bill IN
the court of chancery setting up anV o the facts
above stated, and naming in said bill the mort
gagor, person holding under him, and said
suit may proceed in the same manner as if all
the owners of such real estate We're known, MAX
ing such absent or unknown owner owners of
said real estate party or parties thereto, by
publication, according 10 the law and practice of
said court in case of absent defendants and the
order of said publication describing such real
estate in such manner and terms will identify
the same (by abuttals and boundaries otherwise)
and naming the mortgagor or other person lsSt
owning the said real estate, which order of the
chancellor may be published in one more of
the newspapers of this state, or elsewhere, di-
Tecting such absent unknown owner or own
ers to appear, plead, answer or demur to the said
bill, within such time as the chancellor shall di-
rect, not less than six months from the date of
such order, which order shall be published as
aforesaid, within twenty days from the date
thereof, and continued in said newspaper or
newspapers at least once week TO within ten
days of the expiration OF the time limited to sp-
pear, plead, answer or demur, and at the expi
lation of the time limited in said order, the
chancellor shall make such decree against said
unknown owner or owners as if they were known
10 The court, and may be equitable and just,
and snail have power to decree sale of said
mortgaged premises, and that the equity OF re-
demption be lorerosed and cut off in the same
manner as il all the owners or persons in inter
est were known. and by name had been made
parties TO said suit: and the chancellor shall fur
:her decree thar the proceeds OF SALE after the
payment of the eompisinants mortgage, with
The costs of foreclosure and sale, and such other
liens and encurlbrances as may have been es-
tablished and ordered paid by the chancellor in
such foreclosure proceeding, shall be deposited
with the clerk of the court, and by him deposited
by order of the court in any designated deposi
tory Of moneys paid into the court of chancery
Tor the benefit OF suen absent or unknown own
ers, and the chancellor shall order the payment
thereof from time 10 time to those who
titled to receive the same, snd as they shSll be
ascertaiuea by the court.
=. And be ii enacted, That in the proceedings
aforesaid the chancellor shall be governed by the
rules aud practice OF said court and by the pro-
visions of existing laws IN the foreclosure and
sale Of lnortgaged premises in said court, except
only as the same may be inconsistent with this
act, and all esa rs by courtesy anG dover in said
real estate ma, be sold by the decree of said
court, and the equity Of redemption foreclosed
and cut off and out of the surplus money GER
Sain sum may be ordered to be paid in lieu
thereof, or certain share OF the surplus money
may be invested for the benefit of the person or
persons entitled 10 such estate, in the same
manner existing laws provide.
3. and be IL enacted, That any decree here
.ofore made in a foreclosure of any mortgage in
& suit against an absent defendant shall cut
off the equity of redemption of said absent de-
iendent, or II any person acquiring any right or
interest under him which did not appear upon
the records OF the county where said mortgsged
premises sre situated, at the time of the fibng
OF the foreclosure bill In tie court of chancery,
and any such person holding or acquiring any
such right as purchaser or heir, shall have their
right and interest in the surplus money only.
provided. that said absent defendant shall be en-
Titled beueQt ~l Sll the DrOrISlOuS OF the
sixty-first section of the act entitled IAN Act
srectlns the court OF chaneery," revision ap-
proved April sixteenth, one thousand eight hun
dred and forty six.
/. and be it enacted, That Ibis act shall take
effect Immediately.
Approved April 4, 1873