The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1873-05-28
CHAPTER DCyC,

the mortgagor has abscondcd, conceals him.
self, is unknown, or has died, and his heirs
are unknown or some part of them.
1. Be it enacted by the Senate and General
Assembly of the State of New Jersey, That
where any person holds mortgage against
any lands or real estate situate in the state of
New Jersey, and the mortgagor or those
holding under him has abscOndcd, concealed
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
are unknown, it shall be lawful for the holder
of any such mortgage to file bill in the court
of chancery setting up any of the facts above
stated, and naming in said bill the mortgagor,
or person holding under him, and said suit
may proceed in the same manner as IL all the
owners of such real estate were known, max
ing such absent or unknown owner or owners
of said real estate party or parties thereto,
by publication, according to the law and
practice of said court in case of absent de-
PENDANTS; and the order of said publication
describing such real estate in such manner
and terms as will indemnity the same (by
abuitals and boundaries or otherwise) and
naming the mortgagor or other person last
owing the said real estate, Which order of the
chancellor may be published In one or more of
newspapers of this state, or elsewhere, direct
ing such absent or unknown owner or owners
to appear, plead, answer or demur to the said
bill, within such time as the chancellor shall
direct, 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 newspaper at least once week to
within ten days of the expiration of time
limited to appear, plead, answer or demur,
and at the expiration of the time in
tied in said order, the chancellor shall
make such decree against said unknown owner
or owners as If they were known to the court,
and as may be equitable and just, and shall
have power to decree a sale of said moitgaged
premises, and that the equity of redemption
be foreclosed and cut off, in the same manner
as If all the owners or persons In interest were
known, and by name had been made parties to
said suit and the chancellor shall further
decree that the proceeds of sale, after the pay
ment of the compainant's mortgage, with the
cost of foreclosure and sale, and such other
liens and encumbrances as may have been es-
tablished and ordered paid by the chancellor
in such foreclosure proceeding shall be de-
posted with the clerk of the court, and by
him deposited by order of the court in any
designated depository of moneys paid into the
court of chancery for the benefit of such alb
sent or unknown owners, and the chancellor
shall order the payment thereof from time to
time to those who are entitled to receive the
same, and as they shall be ascertained by the
court.
2. And be it enacted, That in the proceed
ings aforesaid the chanc, llor shall be governed
by the rules and r ctice of said co and by
the provisions of listing laws in the fore
closure and sale of mortgaged premises in
said court, except only as the same may be in
consistent with this act and all estates by
courtesy and dover in said real estate may be
soc by the decree of said court, and the equity
OF redemption foreclosed and cut off, and out
of the surplus money certain 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 enti-
tied to such estate, in the same manner as
existing laws provided.
3. And be it enacted, That any decree here
tofore made in a foreclosure of any mortgage
in a suit against an absent defendant, shall
cut off the equity of redemption of said absent
defendant, or If any person acquiring any
right or interest under him which did not
appear upon the records of the county where
said mortgaged premises are situated, at the
time of the filing of the foreclosure bill in the
court of chancery, and any such person hold
ing 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 entitled to the bene-
fit of all the provisions of the sixty-first sec
ton of the act entitled "An act respecting the
court OF chancery," revision, approved April
sixteenth, one thousand eight hundred and
forty-sx.
4. And be it enacted, That this act shall
take effect Immediately.
Approved April 4, 1878.