The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-07-31
CHAPTER CLNNIII.

same are hereby repealed, and that this act shall
take effect Immediately.
Approved May 9, 1891.
CHAPTER CLXXIII.
A Further Supplement to an act entitled "An act
TO provide for the drainage of lands" approved
March eighth in the year of our Lord one thou
sand eight hundred and seventy one
1. Be it enacted by the Senate and General As
sembly of the State OF New Jersey, That section
TWO of ACT entitled can act to provide for the
drainage of lands" approved March eighth, one
thousand eight hundred and seventy-one. be and
the same is hereby amended so as to read as fol-
lows
3 And be it enacted, That the said commission
ers, before entering upon their duties shall take
an oath before the chancellor or justice of the
supreme court. faithfully to perform the duties Of
their office, and shall the same to be filed in
the clerks Office Of the supreme court and shall
thereupon have full power to cause the said tract
of land, for the drainage Of which they shall have
been appointed commissioners, to be drained in
accordance with the general plan OF the said boqrd
of managers and for that purpose the sa com
missoners and all contractors other persons
employed by them or under their authority shall
have power to enter upon any lands for the pur-
pose of executing the requisite work or procuring
materials therefor; and after the completion of
said work. the expense thereof and of all materials
used therefor, including the compensation of said
comm ssioners ESTIMATED at the rate of five dol
lars per day for every day actually empOyed), and
also the expenses of the said board of managers
and the collection of assessments shall be made
up by said commissioners and returned to the said
supreme court in report to be made by them,
together with general outline, description or ue-
neation of the lands and territory which, in their
judgment ought to contribute to the said expense,
notice of which report shall be given in some
newspaper or newspapers circulating in the vicin-
ity of said lands for the space of four weeks, at
least once in each week IN order that any persons
interested NAV examine said report, and, if they
see fit, file objections to the same if any such OBJ
iections, duly verified oath, be filed within said
period of four weeks, the supreme court shall de-
termine upon the same in summary manner and
with as little delay as possible, and shall there
upon, without further notice. make rule or order
directing the said commissioners to distribute and
assess the amount of said expense and interest
upon the lands cont aimed within the territory re-
ported by them originally or as corrected by the
supreme court, in proportion, near as they can
Judge, to the benefit derived from said drainage
by the several parcels of land to be assessed and
in making said assessment, the several parcels OF
land assessed may be designated by the name Of
the owner or the occuper, or in such other man
ner as may be most convenient in each case, and
the assessment may be made either upon each
separate parcel in gross or at rate per acre and
the assessment made upon each parcel OF land,
with lawful interest thereon, shall be a first and
paramount lien upon the said parcel of land,
without regard to whom the owner or owners of
said lands may be and when the said assessment
shall be completed, the same shall be deposited in
convenient place for the inspection OF the
parties Interested and notice OF the completion
of said assessment and Of the place where the same
shall be so deposited. shall be given in at least Two
newspapers circulating In the vicinity of said
lands. and published at least once a week for six
weeks, which notice shall designate time and
place when and where the said commissioners will
meet to hear objections TO said assessments; and
the commissioners, having heard and decided
upon such objections as shall be made to them,
they shall proceed to complete their assessments
and shall file the same in the clerks Office of the
supreme court, and a copy thereof, or of so much
of the same as shall be made on lands in any one
county, shall be filed in the clerks Office Of said
county, and notice Of the ii ing thereof shall be
given in at least two newspapers, circulating as
before mentioned, once week for at least four
weeks after which, if no objections be made to
said assessment, the same shall be confirmed and
made absolute by the supreme court if any OBJ
jectious to said assessment be filed in the said Pc
riod of four weeks the supreme court shall hear
and determine said objections in a summary man
ner and with as little DELAY as possible; but they
shall not reverse said assessment, or any part
thereof except for some error in the law, or in the
principles of assessment made committed by
said commissioners, if for any such cause the said
assessment, or any part thereof. shall be reversed,
it shall be again referred to the said commission
to be corrected in accordance with the decision
of the court in that behalf aad when corrected
and filed as before four weeks notice as aforesaid
shall be given thereof, after which, if no further
objections are made, the said assessment as cor
rected. shall be confirmed but it any further OBJ
lection be made, the same shall from time to time,
be considered and determined as before, until the
court shall finally confirm the assessment as duly
modified and corrected and when said assessment
shall be finally confirmed, the said commissioners
shall forthwith make, under their hands and seals,
a COPY of so much thereof as shall have been lev
led ON lands within the boundaries of any town
ship or townships. respectively, and deliver the
same to the township committee wherein such
lands are situate; ana as soon as any SUCH town.
ship committee shall receive such copy OF said re-
p)rt or part thereof they shall give notice by pub
LEGATION in two or more newspapers circulating in
the vicinity of said lands such notice to be pub
lished at least once in week for four weeks, re-
quiring the several owners or other parties inter-
ested in the lands so assessed, to pay the assess
ments thereon to the collector of the township, in
ten equal annual instaments, at such times and
places in said township as shall be des grated by
said township committee.
2. And be it enacted. That section three Of an
act entitled An act to provide for the drainage of
lands" approved March eighth, one thousand
afsrlaf hun rod nlga tx he and he me
is hereby amended so as to read as follows:
3. And be it enacted, That II any installment of
such assessment any lot parcel of land in any
such township shall not be paid within thirty days
after the time mentioned in the said notice calling
for payment thereof, the collector of the township
is hereby authorized and empowered to advertise
such lot or parcel of land for sale by advertise
ment signed by him and published in two or more
newspapers circulating in the vicinity thereof for
the period of four weeks next before the time
fixed for such sale, and by posting five or more
similar notices in different public places in the
township; and at the time and place fixed in said
notice, or at subsequent time TO be hXed by al
ournment, the said collector shall offer to sell such
lot parcel of land for the least number Of years
that any person will take the same and pay the
whole assessment thereon with interest at the rate
of ten per centum per annum from and after the
time fixed by said notice for the payment thereof,
together with the costs and expenses Of such sale
and on receiving from the purchaser the amount
OF the whole assessment with interest," costs and
expenses IF sale the said collector shall give him
or her deed of conveyance for said land for the
period or term for which the same was struck Off
and thereupon such purchaser shall be entitled to
immediate possession Of said land, and to take
rents, issues and profits thereof for the period or
term for which the same sold and ii at the
time when said collector shall offer such lot or
parcel of land for sale aforesaid person shall
agree to take the same for any term Of years and
pay such assessment interests costs and expenses,
the said collector shall forwth offer such lot or
parcel of land for sale in fee simple absolute for
the highest price that any person will bid for the
same, and upon receiving the amount 50 bid the
said collector shall execute, under his hand and
seal, and deliver to such purchaser deed for said
lot parcel of land and such purchaser, his heirs
and assigns, shall thereby acquire and take good
and sufficient title to the in fee simple abso
lutte, free OF all membranes Except taxes, as
sessments or water rates levied after the c0niirma
ton of the said report) of which the said deed
shall be presumpuve evidence in all courts and
places; and in any proceedings or actions by tie |
said purchaser his legal representative or assigns
taken, prosecuted or defended for the recovery of
possession of the property so sold or in the estab
lishment defense of his title thereto, the said
title shall not fail or be defeated by reason Of any
irregularity formal defect in any proceeding /
had taken under this act provided, IL does not
appear that any substantial injury was done 20
the owner OF the property by reason OF any such
or formal defect the township where
in any such lot of land may be situate may be
purchaser at any sale of such lands, and thereby
Obtan the same title and estate therein as any
other purchaser, and the deed therefor shall be
delivered by such collector 20 the township com
mittee for the benefit of the township; and il pos
session OF any lot parcel of land sold in pur
,uance of this act, either for term of years or in
fee. be denied or resisted by any person persons
made thereto, and the fact OF such sale being
shown by affidavit and copy OF the deed, shall
make an order directing the sheriff of the county
IN which said land may be situate to put such pur-
chaser in possession and within one year from
and after the time when such copy of said report
Or part thereof shall have been served on the
township committee Of any township such town
ship shall pay to said commissioners the whole
amount of the assessment levied ON land therein
IS shown by such copy, with interest collected or
,ollectabe thereon, less three per centum thereof
which may be retained by such collector for ser
vices in making collections, together with charge
If i've dollars which shall be made 70 cover costs
and expenses of advertising or making sale Of
Zach lot parcel of land sold and in case any
lot parcel of land shall be sold for greater sum
han the amount of the assessment thereon with
interest and COSTS and any question or doubt shall
arise rs to the person entitled to such surplus the
same shall be forthwith paid into the supreme
court 20 be paid out 10 the person or distributed
among the persons parties entitled thereto, In
pursuance OF an order or orders TO be made by
laid court for that purpose upon application ana
notice to all parties interested
g. And be IL enacted That the word township,
As used in this supplement- shall be construed to
include town, village. borough, or such other mu-
iicipal division of any county IN which snch lands
assessed may be situate, and that the legislative
lr governing body Of any such town, village, bor-
lugh, or such other municipal subdivision, snail
perform the duties In respect to such assoc sment
md proceedings thereon within their respective
rs are hereby required OF tue toWh-
hin committee. in case such land lies in town
hp and the treasurer of any town, village, DOT
,ugh or other municipal subdiv lsion, on such other
incer as shall be charged with the duty OF collect
ng therein, shall perform the duties IN respect 70
ueh assessment and proceedings thereon WITHIN
ueh municipalities AS are hereby required OF the
ownship collector in case such land lies In q town
hip.
fleet Immediately.
Approved May 9, 1891