The Jersey City news., 1892-03-11
MARTIN ACT TITLES.
Judge Garretson Explains
the Effect of the Re-
cent Amendments.
PRESIDENT YOUNG APPROVES
lie Says They Will Greatly FaciIi.
tate the Collection of Taxes
and Assessments.

The amendment to the Martin act
which passed the Legis lature Wednes-
day, was very important measure. and
one which will be of great benefit to this
city. Among other provisions it cuts of
curtesy and dover, which the old law
did not do, and provides that notice shall
be given to the person entitled to the
same. In case the Christian name of the
person entitled to the dover or curtesy is
not known the prefix Mr.. or Mrs. will be
sufficient to designate such person in the
notice. No writ of certiorari or action
shalf be brought to set aside deed given
IN pursuance of the act after two years
from the date of the deed. The assignee
OF certificate of sale must give notice of
the sale to the owners or mortgage and
may then acquire title the same as the
original purchaser.
called on ex-Judge Garrettson today
and conversed with him about the amend
ment He said he thought the amend
ment was retroactive so far as it related
to sales where deeds had not yet been
given, but no further.
Ever since the Martin act became
law" ex-Judoe Garrettson said; ''some
defect in it has been discovered from time
to time and the Legislature has found it
necessary to pass amendments to cover
these defects. 1t was for this reason that
the Legislature Wednesday passed an
other amendment"
"Does this amendment affect sales made
before its adoption, or do you think that
sales made in the past must be made over
againP"
'If the persons interested in the lands
sold were properly notified, the sales were
good. You can not deprive any person
having on interest in piece of property
of his right to be notified of the sale, and
failure to properly give him such no.
tice would be apt to make void sale.
IN CASE OF DEFECTIVE TITLE.
"The original act provided that sales of
land under the Martin act should be made
by the City Collector, who, upon the re-
ceipt of the purchase money, gave GER
tificate to the purchaser which set forth
that the money would be refunded If, at
the end of six months, the title WAS found
not to be good. At the expiration of this
time the purchaser served notices On all
parties having an interest in the
deed, and after six months more the
City Collector gave q deed, providing, of
course, that no contest was begun by per-
sons interested in the property. Under
this law the sales were not absolute. but
under the present amendment, after two
years expire, the title is vested absolutely
In the purchaser if the requirements OF
| the law are carried out.
IN THE MATTER OF LIENS.
"Persons who hold liens of any sort
against a property that is to be sold
under the Martin act must be served per-
| sonally with notices, if they can be
| found, and IL not found, by publication.
Affidavits OF such service Of notices IN ust
| be filed with the City Clerk for two
| years. and il no objection is made to the
| afidavits during this time, the parties SO
| served are barred for ever from contest
| ing the sale and the title to the property
| is invested in the purchaser absolutely"
"Do you think any of the property that
| has been sold by the city under the Mar
| tin Act must be sold again2"
| "Only in cases when proper notices
have not been given. In such cases new
proceedings will be necessary. The last
| amendment cuts off dover and curresy
rights, but they have the right to be
| served with notice by the pur-
chaser, and have the right to protect
| their equity. If they fail to do SO for
| two years they lose this opportunity for
| ever I notice that the amendment per-
| mits persons whose Christian names are
not known, to be notified as Mr.. or Mrs.
| This is common In the Court of Chancery
| and is nothing new. The amendment
does not affect past sales, and simply
makes it easier to give clear title in the
| future"
PRESIDENT YoUNG's VIEWS.
Il. +. q. Young, one OF Jne COnmIs-
sioners of Tax Adjustment under the
Martin act. said today that he was much
| pleased with the amendment
''It will be a great aid to enforce the
| collection of taxes" he said, ''and settles
| the question as to whether the city can
| give perfect title or not in
tax sales. The amendment per-
| mits the city to give an
absolue title to property and debars all
| legal action on the part of any one. after
two years, If the provisions of the act are
| followed do not think the title to any
sales made in this city under the Martin
Act have been disputed. but elsewhere
| there have been three or four litigations
| begun"
| Miles McCartin, Deputy City Collector.
said today that the city never gave an alb
| solute warrantee deed to the purchaser.
| The deed was similar to Sheriff's deed.
| The city simply transferred its interest in
the property to the purchaser. and It was
| left to him to secure an absolute title.