The Monmouth inquirer., 1895-06-20

the said petition. the court may hear the same il
a summary manner, and make sucl order there
on 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 tc
be an infant under the age Of twenty-one years
no deed shall be delivered to the purchaser Or 10
his legal representatives or assigns by the said
collector. except upon the order Of the circuit
court Of the county wherein said lands are stu
ate. to be made upon q duly verified petition Of
the purchaser mis- legal representatives or assigns.
and upon sueh notice 70 sald infants or their
/ guardians as the court may deem proper. and
the court in such case may appoint guardian
ad litem, and inquire into the ability OF the said
infants or of their estate to redeem said land aud
may postpone the hearing thereon from time to
1 time. In its discretion, 70 give opportunity for
such redemption. and may make such order IN
1 relation TO such deed as may be equitable aud
/ just.
S. And be it enacted, That where any lands
which have been devised to any person for life,
and to the child or 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, 70 ascertain the name Or names oi
such child or children, or whether such deyisee
4 had or left issue OF not. the purchaser. or bis
| legal representatives or assigns shall make ap-
plieatOn TO the circuit court Of the county where
/ in such lands are situate by petition, duly veri
i fed. for deed; such petition shall contain
description Of the land, both described in said
notice of sale and by metes and bounds and
shall also state the manner in which inquiry has
been made for 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
4 or heirs of such deyisee manning HIM. and the
heir or heirs of the testator tnaming HIM to show
cause before said court, at 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 to such purchaser,
his legal representatives OF assigns and in case
1 such heirs or children, or any of them, shall not
appear and show cause. or shall not redeem the
said lands within the time limited in the said
order then the court shall, on the return day
thereof or afterwards, make an order directing
/ the said collector to make and deliver deed of
conveyance of said lands TO the purchaser or his
legal representatives or assigns. which snail con-
yey the same free of all claim or lien against or
estate therein ofsuch heirs or children provided,
however that such purchaser, his legal represen-
tatyes or assigns shall, within ten days after the
making of such order, cause to be publlshed II
\ one of the newspapers printed or published and
circulating in the said village or municipality N
which said lands are situate. notice directed
" to the children and heirs Of such devlsee and
4 testator manning them, describing the lands as
/ in such petition and requiring them 70 redeem
I the same or show cause why deed therefor
should not be made and delivered to such pur-
chaser his legal representatives, or assigns Win
in the time specified IN said oroer wnlcn n9tlce
shall be published for the time, and the publica-
ton thereof proved in the manner directed IN the
! sixth section of this act; and in case any such
children OF heirs shall appear and answer ss s tne
/ in summary way and make snch order thereon
as shall seem TO be just.
g.
4 an interest in or mortgage upon any lands soid
as provided in this act by or through any deed.
conveyance, mortgage. assignment, or any instrll-
meut which by law could be recorded. registered.
entered Or fled in any public Office in this State,
and which shall not be so recorded. entered
or fled at the time Of the execution and
delivery of the deed as provided in this act snail
/ he bollnd by the proceedings had and notices
given under the provisions OF this act, so lar as
said property is concerned, in the same manner
as if such persons had been duly served win tnc
notice mentioned in the fourth section OF this act
TO- And be it enacted, That when notice mas
/ been served upon any person having, or appear
| INC IN have of record an estate IN or mortgage
tinon any lands sold as provided in this act, and
| proof of such service has been made ana nled as
provided in this act, any person or persons claim
| ino nv descent, devise, deed, mortgage assign
| ment or otherwise, through or under the person
or persons so served shall be bound by the norce
/ so served on such person or persons py, inrolgn
or under whom such estate 1hte1ssl VI AAeA n19
II Ana he il enacted That when any lands
sold under this act shall De redeemed py aly
nerson having mortgage or other lien or ineun-
1 hrance thereon, the person so redeeIning s1ail
hold and retain first lien on sald lanQss suOlect
only to taxes and assessments thereaIlef lesise s
and assessed to the amount of the sum PAID py
him 10 effect such redemption, together with law
/ f,1l Interest thereon from the time OF such pay
noent and the certificate of the said collector
stating the payment and showing what property
snch nayrnent is intended to redeem shall pc evil
dence al such redemption and payment; any
4 person redeeming lands sold under tne pIovl-
sions of this act shall pay TO the said collector
for the pse of the purchaser his legal representa-
lives or assigns not only the sum paid at the sale
with interest as provided in section fourth OF TINS
saf h,7t also anv other tax or assessment charge
shie thereon and which the said purchaser or
his legal representatives or assigns may nave
Maid since sale together with lawful interest," Oh
sreh ravnent from the time of filing such notlee
provided q notice OF such payment shaH nave
been fled in the office Of the SAID collector.
70 And be il enacted That W here, in any case,
mon the sale of any lands by virtue OF this act,
sreater sum is bid and paid therefor than IS SUI
fcient to pay and satisfy the taxes ana asses,
ments thereon, with interest ana costs, the salu
conrt snail upon petition by any person inter
ested in the surplus, have jurisdiction 70 oraer
and direct the distribution, pay Inent ana lhSest y 81
1nant Of the same according to the facts and elr-
cnmstapces of each case and as appears 10 oe
inst and may award to any person ho!olng pos
session under valid term OF years tns sa1ue a.s
thereof together with the value OF permanent
improvements made by such owner upon tue
iS and be il enacted, That all moneys received
,,o,, Gales in pursuance of any of the provisions
az this act shall be deposited with the saia cor
iacfor and the surplus if any, remaining IN any
case after deductng tae amount a, 81 nenses ens s If
sale and Disbursements shall be held Tor the use
/ nf and paid over to the person legaliy enlltlsu
thereto upon his establishing nis rlgnt 70 tne
sanas rrpvided however, that interest thereon
shall not be recoverable from SAID village or mu-
nicinality: provided. further that Il IN any case
q in or rarcel of land is sold upon whlch tnete
gs . noorfgage or lien other than the lien OF the
said village or municipality and the sum plo sno
paid therefor is in excess OF the sum cue 70 @ tne
safd village or municipality, then. II the lnortga-
oee or holder of such lien shah notify the SAID
Village or municipality OF the nature anq slneont g.
of his or her mortgage or lien wIthln sixty uasys
aer the receipt Of such excess ey the @ san yli-
ns1itv shall thereupon pay such excess INTO the
Circuit court of the county and the Judge oi sal
conrt on the application of any party lnteresteo'
may make such order in relation 10 the dlstr.ou-
fion and disposition of the same as shali De ]ust
and equitable. ... os ,art,,-a.
ri shall be allowed TO contest any pfoceealng III
der this act unless the party applying ior snen
writ shall give bond to such village or munlel- s
nslitv with approved security, concluoneo iof
he nssvment of 50 much of said tax assessment
and lien as shall be aseersined 70 De lusly pay
shie with interest and costs, not unless applca
tjon therefor be made within six months from the
date of such sale. ..-ss;,,,s =,
this act shall not be operative and IN foree N any
village or municipality of the State until tne pro
visions of this act have been accepted by tnt
governing body of such village or munlclpallts
By formal resolution, approved by tne pres sss
ient or chairman of the governing BODY OF soei
village or municipality. and passed by vo.s s, .