The Penn's Grove record., 1892-07-15

the said purchase money. together with any
other assessment properly chargeable thereon
and which the purchaser may have paid. with
the interest on said purchase money. at the
rate of ten Der centum per annuni. from the
time of such sale or from the time OF such
payment, and the certificate of said treasurer.
stating the payment aud showing what prop
erty such paymen is intended TO redeem,
shall be evidence of such redemption, which
sum OF money so paid the said treasurer shall
cause TO he refunded to the purchaser, his
heirs and assigns.
II. And be It enacted, That II any lands or
real estate so sold shall not be redeemed, as
nv this act provided. the common council
shall cause to be executed to the purchaser.
his legal representative or assigns a declara-
ton OF sale. under the seal Of the city. signed
by the mayor, attested by the city clerk. con-
taining a description of the premises the
fact of assessment, advertisement and sale,
the date of the sale and the period for which
the premises were sold. which declaration
shall be recorded In the office of the city
clerk: and until the same shall have been re-
corded, such lands and real estate may be re-
deemed Us hereinbefore provided. notwith-
standing the period of two years may have
expired from the time of said sale; and such
declaration of sale shall be presumptive evil
dcnce that such sale and proceedings were
regularly made according to the provisions
of this act. and such purchaser or purchasers
and his and their legal representatives shall
by virtue thereof lawfully hold and enjoy
such lands aud real estate. with the rents
issues and profits thereof for his own proper
use against the owner or owners thereof, and
all persons claiming under him or them.
until the term shall be completed and ended
for which the purchases or purchasers may
have agreed 10 take the same; and such pur-
chaser or purchasers, and his, her OF their
legal representatives shall be at liberty to
remove all the buildings and materials which
he, she or they shall erect or place thereon,
and at tine expiration OF said term shall
peaceably and quietly yield up said lands and
real estate to the lawful owner or owners
thereof. and shall be liable for any injury or
waste by him or them done or committed
therein, in the same manner as a tenant for
a term of wears; provided. that whenever sat
,sfactory evidence shall be produced to the
common council that any lands so sold belong
Ing TO an IDIOT, or infant, for whose estate no
guardian shall have been appointed. the said
common council, or other similar municipal
body, shall direct the mayor and city clerk to
POSTPONE the execution of a declaration OF
sale of such lands until at least four months
after they shall have evidence that such disa-
bility has been removed. or guardian or trus-
tee to their estate appointed, and until the
expiration of said four months such guar
dian or trustee or person whose disability has
been removed may redeem such lands as here
inbefore provided.
~. And be IL enacted. That it shall be the
duty of the city clerk to record In proper
books kept for that purpose. all certificates of
sale and assignments thereof. to give certifi-
Gates of search in relation thereto to any
person applying for the same, and to cancel
such certificates of sale and assignments
thereof so recorded when the land and real
estate for which they were given shall be re-
deemed, on certificate of the city treasurer OF
such redemption, and Ale such certificate in
his Office; 1t shall be the duty of the city treas
urer to make out two receipts from all prop
erty redeemed. one for the person redeeming
and one to be filed In the Office of the city
clerk.
10. And be it enacted, That In case any
owner or owners of any land OF real estate
| necessary to be taken for the laying out.
| opening. altering or widening any street,
road, highway or alley in the said city, shall
| be non compos mentis, or out of the state, or
| cannot be found on reasonable inquiry. and
no agent or legal representative OF such
| owner can on like inquiry be found In this
state, then II shall be lawful for the Common
| council or other similar municipal body OF
said city to proceed to the appointment or
| the commissioners mentioned and provided
| for In the first section of this act, after pub
| fishing In Il newspaper printed in said city
| for the space of two weeks. at least once in
| each week, a notice of the Intention of said
\ common council or other similar municipal
| body to take such land or real estate and ap-
| propriate 1t for such street, road. highway or
alley.
| IA. And be it enacted. That all commission
| ers appointed by virtue of the provisions OF
| the first section of this act shall, before they
| enter upon the execution of the duty re
quired of them, be sworn or affirmed before
| any person authorized by law to administer
| oaths, to assess the said damages and benefits
| administered to them fai ly and impartially
according to the best of their skill and judg-
ment; and the said Common council or other
similar municipal body may remove u
| commissioners and appoint others for any
cause that to said common council or other
similar municipal body may seem just; and
in case of the resignation, death, or disability
of one or more of such commissioners 1t
shall be lawful for the common council or
other similar municipal body to fll by ap-
continent the vacancy or vacancies thus
created. without prejudice to any proceed.
inps already taken by such commissioners.
Is. And be it enacted, That whenever. by
reason of any informally or illegaIity in the
proceedings of the common council or , ther
similar municipal body. or of the commits
sioners of assessment, surveyors or other
agents of the common council or other SINH.
lar municipal body, or officers of the city In
LAYING out, opening, altering or widening
any street, road or highway by the provisions
of this act, any assessment shall be set aside
by iudicial authority, it shall be awful for
the common council or other similar munici
pal body to re.institute the proceedings set
aside unon the same basis upon which the
original proceedings were based, or other.
fully proeeed therein the same "a though the
former proceedings had not been had; or the
| said common pOnnpfl ur other similar mum