The Monmouth inquirer., 1895-06-20

by the provision Of this act to be published
made by one of the respective publishers of said
newspapers, or by some person in the employ Oi
said publisher having cOgnizance Of the publ
cation shall be prima facie evidence in all courts
and places of the matters stated therein.
3. And be it enacted. That said collector shall,
I on the receipt Of the purchase money on any
sale, execute and deliver to the purchaser GER
/ tifeate Of such sale, which shall contain a Gov
enant on the part of said village or municipality
/ to refund the amount paid for the lands without
interest in case the title conveyed shall prove in
valid; upon surrender of the said certificate Of
sale and proof Of service OF the notice thereof as
hereinafter provided upon the owners and mort
gagees of the said land and premises the said col
lector shall, after the expiration Of six months
from the date Of such service, execute and deliv-
er to the purchaser at such sale, his heirs devils
ees and assigns. deed for the said lands and
premises, which shall be sealed and attested by
the clerk of sald village or municipality and
proved in the usual manner; and said purchaser
his heirs legal representatives and assigns, shall
take good and sufficient title to the property
sold in fee simple absolute, free OF all incum-
brances except taxes, assessments and water
rates levied after the taxes or assessments for
which said property shall be Sold, Of which the
said deed shall be presunptive evidence in all
courts and places and in any proceedings or ac-
tions to be by such purchaser, his heirs legal re-
presentatyes and assigns, taken, prosecuted or
defended Tor the recovery OF the possession OF
the property so sold as aforesaid, or in the estab
lishment or defense of his or their title shown
aforesaid by the possession Of said deed the title
regularity or formal defect in the procedure
taken under this act upon which the sale shall
have been made or the title conveyed as afore
said or by reason of any illegality in fixing and
imposing the tax, assessment and Lien to enforce
which the sale was made, or in the proceeding
for collecting the same provided, the property
sold was liable at the time such tax, assessment
or lien was fixed and Imposed by the imposition
of tax assessment or lien, in respect of the
purposes for which such tax, assessment and
lien was fixed and imposed, and it does not APP
pear than any substantial injury was done to the
owner ofthe property by reason of the irregular or
Illegal manner or method of fixing. imposing or
collecting said tax, assessment and lien; the viii
lage or municipality may be tine purchaser at
any sale of lands under the provisions of this act
with the same right. title and effect as any other
purchaser, and the certificate of sale to the vii
lage or municipality shall be delivered to the
president or other head officer thereof, who shall.
on behalf of the village or municipality. cause
notice of the sale to be served ON the owners and
mortgages of the lands so purchased, as pr0vid-
in this act; upon proof of service of the notice
and expiration of the period for redemption, the
village or municipality shall be entitled 10
deed for the property the same as any other Dur-
| chaser in all cases where any lands be bought
by the village or municipality as aforesaid under
this act it shall be lawful for the governing
BODY of such village municipality to sell and
assign the certificate of sale, TO sell and con-
vey such lands, or any part thereof, by good
and sufficient deed. to any person or persons on
such terms as may be agreed upon without war
ranty provided, that If sold at private sale, the
price for the land shall not be less than the
thereon when purchased.
4. And be it enacted That any person or per-
sons having an estate in or mortgage upon any
lands and premises sold in pursuance of the sec
ond section of this act, whose estate or lien ap-
pears of record in the county, may at any time
before the expiration of six months after notice
shall have been given to him of such sale by the
I purchaser, his heirs or assigns, in the manner
4 hereinafter provided, or before a deed of such
premises shall have been delivered as provided
I in this act, redeem said lands and premises by
paying to the collector of said village or muni-
cipaltiy, for the use of the purchaser his heirs
/ and assigns, the sum paid by him at such sale
with interest at the rate of ten per centum per
annum from the date of the SALE and one dollar
! for each notice served as hereinafter provided. .
cipalty shall pay TO such purchaser his heirs or
assigns the amount received from the person re-
1 deeming such notice shall be in writing and
shall be served by the purchaser of the property
/ or his agent on said owner or mortgage, either
personally or by leaving the same at his place of
I abode with a member of his family above the
age of fourteen years in case such owner or
mortgage is nonresident, or his residence can
not on due inquiry be ascertained, then the no.
tice may be served by publishing the same in a
newspaper printed or published or circulating in
the village or municipality for the period of six
! weeks. at least once in each week, and deposit
ing copy of such notice within twenty DAYS af-
ter its first publication in the post Office of the
village or municipality. inclosed in a wrapper.
4 postpaid directed to such owner or mortgage at
his or her last known post Office address, if the
same can be ascertained; inquiry for the resi-
dence or post Office address Of such owner or
mortgage shall be made by the purchaser or his
agent upon the land purchased at the sale if they
are occupied, and wherever else in the village or
municipality the same may be likely to be ascer-
tanned. and also by an examination of the record
! of the deed or mortgage on account of which no
tice is given an affidavit shall be made by the
i purchaser or his agent setting forth the manner
and particulars of the service and in case the
same is made by publication. setting forth what
inquiry was made to ascertain the residence and
post office address of such owner or mortgage
and in such case affidavit of the publication
shall also be made by the person publishing such
4 newspaper, or by some one in his employ having
cognizance of the publication stating the partic-
ulars thereof; and the affidavit or afhdayts shall
be filed in the Office of the clerk of the village or
municipality within one month after the date of
service and shall be prima facie evidence in all
courts and places Of the facts therein stated the
purchaser shall be entitled to the possession of
said lands Immediately upon giving such notice
to the owner thereof in case the same are unoc-
cupied. if they are occupied, then within thir-
ty days thereafter; and he shall have the same
remedy by writ of assistance or otherwise in the
circuit court of the county in which the village
or municipality is situate, or in the court OF
ehancery for the recovery of the possession of
said lands as the purchaser of mortgaged prem
ises at foreclosure sale is now or may hereafter
be entitled 10 by any law or practice OF this
state; provided. however. that if any estate in
any of said lands shall be held by an heir or de-
visee of a decedent whose estate appears Of re-
cord in the county. or if any mortgage or lease
shall be held by the executor or administrator of
any descendent whose mortgage or lease appears
Of record in the county, such heir. devisee, exec
utor or administrator shall be entitled to redeem
and to have notice as aforesaid before the pur-
chaser shall be entitled TO the possession OF the
4 lands: and provided, also, that the records and
4 schedules of all sales made under this act shall
be filed and kept in the Offices Of the sever
al villages and municipalities wherein records OF
! tax sales are now by law required to be kept.
! 5. And be it enacted. That it shall not De ne
cessary to set out the proceedings under this act
4 at length in the deed for the lands sold, but a
general statement therein that such deed was
made and executed upon proceedings taken I'M
der the authority of this act shall be sufficient.
6. And be it enacted. That in case any owner,
mortgage or other person appearing to have an
interest in the lands which shall be sold for ar
rears of taxes or assessments under the provi-
\ sions of this act is unknown to or cannot be as
certained by the purchaser or his legal represen-
tatives or assigns after due inquiry, application
shall be made to the circuit court OF the county
wherein such lands situate, for an order Tor a
deed, by petition duly verified, which shan de,
scribe the said lands sold not only as described
in such notice of sale, but also by metes ana
bounds, and shall also set out the manner ID
which the purchaser or his legal representatives
or assigns have made inquiry for such unknown
owner, mortgage or other interested person and
the court upon being satisfied by the said petition
i or otherwise that such owner, mortgage or other