The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-08-14
CHAPTER CCNXXIN.
An Act concerning the condemnation

An Act concerning the condemnation OF
lands.
/. Be il enacted by the Senate and General
Assembly OF the state OF New Jersey, That
in all cases where lands are sought to be taken
by eminent domain for the construct IN of a
railroad, or Tor any other pubic use, ana said
lands are in the possession ~ person or per-
sons who claim to own the same, but hose
ownership thereof is denied by others who are
out of possession OF said lands, but who claim
to hold the legal title thereto, IL shall be law
tnl for the corporation seeking TO acquire said
lands for pubic use ~ aforesaid to make the
perS ON or persons in possession of said lands,
claiming TO own the same, ana also the per-
sons ont OF possession thereof, who claim to
hold the legal title thereto, parties to the pro-
ceedings taken to condemn said lands and
the money awarded TO the owner or owners of
said lands shall, by the order of the chancellor,
made for that purpose, be paid into the court
of chancery, and shall there be distributed nc
cording TO law: ana notice given, in such
manneras the chancellor shall by order direct
to the person or persons in possession OF said
lands, claiming to own the same and to the
persons out OF possession thereof who claim to
hold the legal title thereto, that such money
has been paid into said court, shall have the
same effect ms If the money 50 awarded has
been actually rendered 10 the true owner or
owners of said lands and in case the persons
out OF possession Of said lands who claim to
hold the legal title thereto, oranyof them, are
made parties to said condemnation proceed
ngs as the unknown heirs, or the unknown
deVisees, OF deceased former owner OF SAID
lands as IS provided in the second section Of
this act then notice biven 70 them as afore.
said, directed TO them as the unknown heirs
or the unknown ucNlsecS" OF Such former
owner, shall have the same force ana effect as
If .'iven TO each OF said persons by name.
2. And be 1t enacted, That in case the per
sons out of possession Of such lands, who claim
to hold the legal title thereto, base their claim
upon the fact that they are the heirs or devi-
sees OF IA deceased former owner of said lands,
and il shall be made to appear to the satistac
ton OF the Justice of the supreme court before
whom such condemnation proceedings are
begun, by affidavit or otherwise, that the
names and residences OF some of such heirs or
devisees cannot be ascertnined by due in.
quiry, then the said justice OF the supreme
court shall by order direct that such condem-
nation proceedings shall be carried on against
such unknown heirs or deviseea as the Gun
known heirs or the "unknown dcvisccs" of
such deceased former owner OF said lands, ana
shall prescribe py order in what manner the
several notices required by the law authoriz-
ing such condemnation pro ceilings shan be
served upon or published against such I'M
known heirs or deYisees and the services or
publication OF such several notices ia the
manner SO prescribed shall have the same
force ana effect as II the same had been person
ally served upon each OF said unknown heirs
or dcVisees
?. And be II enacted, That this act shall be
public act and take effect Immediately.
Approved May l6, 1894