The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1895-07-30

unknown owner. MORTGAGE or person so proceeded
against; provided that within ten days after the
date OF such order the said purchaser shall cause
to be published in one OF the newspapers printed
or published or circulating in said village mu-
niefpaltty in which said lands are situate. notice
directed 10 such unknown owner, Inortgagee or
other person appearing to have an interest in said
lands describing the lands as in said petition and
requiring them to redeem said lands or to show
cause why deed therefor should not be delivered
! to the purchaser thereof his legal Representa-
| tives or assigns within the time specified in said
order, which notice shall be published in said
newspaper at least once week thereafter for az
least six weeks, and proof of such publication
shall be filed in the Office Of the clerk OF the said
circuit court; and IN case such owner, mortgage
or other person interested shall appear and an
swer the said petition the court NAV hear the
same in a summary manner, and make such order
thereon as shall be equitable and just.
/ :. And be it enacted, That in case any owner
mortgage or other person appearing to have an
interest in said lands so Sold shall be known to be
an infant under the age Of twenty one years. no
deed shall be delivered to the purchaser or to his
legal representatives or assigns, BY the said col
leetor, except upon the order Of the circuit COURT
of the county wherein said lands situate=sO be
made upon duly verified petition Of the pur-
chaser, his legal Representatives or assigns. and
upon such notice to said infants or their guardians
as the court may deem proper; and the court in
such case may appoint guardian ad Item and
require INTO the ability OF the said infants their
estate to redeem said iand ana may postpone The
hearing thereon ffom time to time, in It's discretion
to give opportunity for such redemption, and may
make such order IN relation to such deed as may
be equitable and just.
s. And be it enacted, That where any lands
which have been devised to any person for life and
to the child children of such deVisee after his
or her death shall be sold under this act, and the
purchaser at such sale shall be unable, after due
inquiry, to ascertain the names of such
child or children, or whether such devisee had
left issue not, the purchaser, his legal repre-
sentatives assigns, shall make application to the
circuit court of the county wherein such lands are
situate by petition, duly verified, for deed such
petition shall contain Description OF the land
both as described in said notice OF sale ami by
metes and bounds, aud shall. also state the manner
in which inquiry has been made TOR such child or
children and the said court, upon being satisfied
of the truth of the statements contained in said
petition, shall make an order directing the child or
children or heir or heirs of such deyisee (naminu
him), and the heir heirs of the testatOr (naming
him) to show cause before said court. at a day
therein to be specified, not less than six months
from the date of said order, why deed should not
be made and delivered for the said lands 10 such
purchaser, his legal representatives assigns
and in such heirs or children or any Of them
shall not appear ana snow cause, or shall not re-
deem the said lands within the time limited in the
said order, then the court shall on the return day
thereof or afterwards. make order directing the
said collector to make and deliver deed Of con-
veyance OF said lands to the purchaser his legal
representatives or assigns, which shall convey the
therein Of such heirs or children; provided, how
ever that such purchaser his legal representa-
tives assigns. shall, within ten days after the
making of such order, cause to be published III one
of the newspapers printed or published and Cir /
culating in the said village or municipality IN 4
which said lands are situate, notice directed Ito
the children and heirs" OF such deVisee aud testa
tor (naming them), describing the lands in such
petition and requiring them to redeem the same or
show cause why deed therefor should not be
made and delivered to such purchaser, his legal i
representatives assigns, within the time speei
fed in said Order which notice shall be published
for the time, and the publication thereof proved
in the manner directed Ia the sixth section Of this
act and in case any such children or heirs shall /
appear and answer the Saiu petJion Jne salu court
may hear the same in a summary way and make
such order thereon as shall seem to be just
g. And be it enacted, That all persons claiming
an iufa N II FnB
provided in this act by or through amy deed, con
veyance, mortgage, assignment, or any instrument
which by law could be recorded, registerod entered
or filed in any public Office in this state and which
shall not be recorded, entered or filed at the time
of the execution and delivery o. deed as provided
in this act shall be bound by the proceedings had
and notices given under the provisions OF this act,
far as said property is concerned, in the same
manner as if such persons had been duly served /
with the notice mentioned in the fourth section OF
this act.
10. And be it enacted That when notice has
been served upon any person having, or appearing /
to have OF record, an estate ia or mortgage upon
any lands sold as provided in this act, and proof OF
such service has been made ANA hed as provided I
in this act any person or persons claiming by dc
scent, devise, deed. mortgage, assignment or oh
eI wise, through under the person persons so
served, shall he bound by the notice SO served on
such person persons by through Or under whom /
such estate, Interest or lien has been acquired.
IL And be it enacted, That when any lands sold /
under this act shall be redeemed by any person +
having mortgage or other lien or incumbranCe /
thereon, the person so redeeming shall hold and 7
taxes and assessments thereafter levied ana asses
ed, to the amount OF the sum paid by him to effect
such redemption together with lawful interest I
thereon from the time Of such payment; and the I
certificate of the said collector stating the DAY /
ment and showing what property such payment is /
intended to redeem shall be evidence OF such re- I
demption and payment; any person redeemlhg /
lands sold under the provisions OF THIS act shaH
pay to the SAID collector for The use OF the pur- /
chaser, his legal representatives or assigns, not
only the paid at the sale with interest, ~ pro-
vided in section fourth of this act, but also any
other tax assessment ehargeable thereon, and /
which the said purchaser or bis legal represents
tiyes or assigns NAV have paid since sale, together
with lawful interest such payment from the /
time OF fling s,csl nof'eei psaglasa Z notice = +
such payment shall have been>hed IN the ONCE OF +
the said collector.
H. And be it enacted, That where, in any case,
upon the sale OF any lands by virtue Of this act,
greater is bid and paid therefor than is sulli-
cient to pay and satisfy the taxes ANA assessments
thereon, with interest ami costs the said court I
shall. upon petition by any person Interested IA Z
the surplus, nave jurisdiction 70 order and direct
the distribution, payment and Investment OF the +
same according TO the facts and circumstances OF
each case and appears TO be Just, and may A
award to any person holding possession uhder q +
valid term Of years the value thereof, together /
with the value of permanent improvements made /
by such owner upon the lands so sold.
49, And be it enacted, That all moneys received /
upon sales in pursuance of any Of the provisions
of this act shall be uepOsited with the sao coffee
tor, and the surplus, il any remaining in any case
after deducting the amount Of the tax, assessment
and lien and interest and expenses Of sale ami
disbursements sla / be held for he Of and n
paid over to the person legally entitled thereto
upon his establishing his right 90 TIE same; pro
vided however, that interest thereon shall not be
recoverable from said yiHageOr municipality pro-
vided, further, that IL ia any case lot or parcel
of land is sold upon which there is 3 mortgage CT
lien other than the lien OF the SAID village or mu-
nicipaity, and the SUN bid and paid therefor is in
excess of the due to the saia village or mpnic-
ipalitv then, il the mortgagee holder Of such \
lien shall notify the said village OF municipality Of
the nature and amount of his or her mortgage OF /
lien within sixty days after the receipt ot s0ch /
excess by the sad village or municipality, the said
village or municipality shall thereupOn pay such /
excess into circuit court of the county, and the
Judge of said court, the application OF any /
party interested may make such order in relation /
to the distribution and disposition OF the same as
shall be just and equitable.
IA. And be 1t enacted, That no writ OF certlorar /
shall be allowed to contest any proceeding under /
this act unless the party applying for such writ (
shall give bond TO such village Of municipality. f
with approved security, conditioned for the pay
ment of SO much of said tax, assessment and lien
AS shall be aseertaned to be justly payable. with
interest and costs, not unless application therefor
be made within six months from the date Of saeh /
sale.
To- And be it enacted That the provisions Of
this act shall be operative and in force in any
village municipality of the state until The pro
visions OF this act have been accepted by me gov
erning body Of such village or municipality oy /
formal resolution, approved by the president or /
chairman of the governing body Of such village or
municipality, and passed by vote of not less imam
o-thirds Of such governing body.
49, And be it enacted, That all acts ard parts Ot
acts inconsistent with this act be and the same are
hereby repealed, and this act shall take effect I'M
AnnroSad March 25 1895