The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1895-07-30
LAWS OF new Jersey.
LBv AurHd



ing Taxes and Assessments in villages and othe
municipal corporations governed By board o.
tate, and authorizing sale for the payment of thu
a same" approved February twenty secont, ont
thousand eight hundred and eighty eight
l. Be it enacted by the Senate and General As
sembly of the State of New Jersey, That ecticI
two of the aforementioned act be and the same
is hereby amended 50 as to read as follows
q And be it enacted, That in case any taxes OF
assessments referred to in the last section whether
heretofore levied, imposed assessed or heeattei
to be levied, imposed or assessed together with in
terest thereon, costs, fees, charges and expenses
aforesaid, shall remain or shall have remained un-
paid and in arrears for the space Of one Kindred
and twenty days after the time when payable &C.
cording law then and in that case the SAID board
of trustees shall have full power and authotty t
issue their warrant or warrants, under the COM
mon Sc al of said village NOr municipality, signed
by the chairman of said board of trustees OF presi
dent Of said village and attested by the clerI there
OF, directed to the collector OF taxes OF saidyllage
or municipality by Whatever title such OllectoI
may be legally designated and known, command
ing him to make such taxes assessments, with
the interest. costs, fees charges and expenses
aforesaid, out of the lands, tenements, Ieredita-
ments and real estate on account of which the
same were assessed, levied, imposed or incurred
by selling the same for tue purpose as hereinafter
provided; the amount OF taxes, assessments or
liens, for which certificates of sale have been given
to and are held by such village or Municipality,
shall be deemed to be in arrears, within the mean
ing of this section, and to have been so in
fIOm the date when such taxes, assessments or
liens were assessed, levied or confrDed, or attempt
ed to be assessed, levied or confirmed, whether
such sales were invalid or not provided that in
ease Of ipysd sales Il any the gESRsTty sold was
fixed and imposed, to the imposition ora tax
ment OF lien in respect Of the purposes for which
such tax or assessment was fixed and imposed, and
that it does not appear that any substantial iDju-
ry was done to the owner of the property by rea-
son of the irregular or illegal manner or method
of fixing, imposing or collecting said tax, assess
ment or lien.
@ And be it enacted, That said collector, after
giving notice by advertisement as hereafter re-
len iraAc hall cali lam a ito
ments real estate in lots or plots as the said
taxes OF assessments were or are levied assessed,
imposed or incurred, at public auction, to the
highest bidder, but not for less than the amount
of taxes assessments, or both, due upon the
same, with interest and costs said advertisement
shall include designation OF the time and place
of sale and description Of the premises con-
tanned in the tax duplicate or assessment report,
and shall state that further Of the prop
erty to be sold may be obtained at the office OF said
collector; and it shall not be necessary in said adj
vertisement to include any further particulars Of
the property to be sold said advertisement shall
be published once in each week, for four weeks
prior to said sale, in the newspapers in which the
official notices of such village or municipality are
usually published; it shall be the duty of said
collector, from and after the first publication OF
| said advertisement, to deliver to any person ap
plying to him written or printed list of all the
property intended to be included in said sale, but
it shall not in anywse be an objection to the
validity of any sale that any person has failed for
any reason to receive such list; the sale may be
adjourned by said collector from time to time, but
it sh all not be necessary to publish any notice OF
such adjournment or of the continuation of the
sale; aidavits of the publication of the notice OF
sale in the manner above provided, and OF all
other notices required by the provisions OF this act
| to be published made by one OF the respective
publishers of said newspapers. or by some person
in the employ of said publisher having cognzance
of rhe publication, shall be prima facie evidence
in all courts and places Of the matters stated
| therein.
8. And be it enacted, That said collector shall,
on the receipt of the purchase money on any sale,
execute and deliver to the purchaser certificate
nfg oh sale a
the part of said village or municipality to refund
the amount paid for the lands without interest in
case the title conveyed shall prove invalid upon
surrender of the said certificate of sale and proof
of service Of the notice thereof hereinafter pro-
vided upon the owners and mortgages OF ths said
land and premises, the said collector SHALL after
the expiration Of six months from the date of such
service. execute and deliver to the purchaser at
such sale, his heirs, devsees and assigns, a deed
for the said lands and premises, which shall be
sealed and attested by the clerk of said village
municipality andpr0ved in the usual manner and
said purchaser, his heirs legal repres natives and
assigns, shall take good and sufficient title to the
property sold in fee simple absolute free Of all in
cumbrances Except taxes, assessments and water
after the taxes or for which
said property shall be sud, OF which the said deed
shall be presumptive evidence in all courts and
places and in any proceedings or actions to be by
such purchaser, his heirs, legal representatives
and assigns taken, prosecuted or defended for the
recovery OF the possession of the property so sold
as aforesaid in the establishment or defense of
his or their title shown as aforesaid by the posses
sion of said Decd the title shall not fail be de-
feated by reason of any irregularity or formal de-
feet in the procedure taken under this act upou
which the sale shall have been made or the title
! conveyed as aforesaid, or by reason OF any lle-
gality in fixing and imposing the tax, assessment
and lien to entUre 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. sssezk lien. in resi- ect
of the purposes for which s1ch tan, assessment
and lien was fixed and imposed, and it does not APP
pear than any substantial injury was done to the
/ nj irrnU t1la
OF illegal manner or me bod of fixing, imposing or
collecting said tax, assessment and lien; the viii
lage OF municipality may be the purchaser at any
sale of lands under the provisions Of this act with
the same right, title and effect as any other pur-
chaser and the certificate Of sale to the village
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 provided in this act ;
upon proof of service of the notice and expiration
of the period for redemption, the village or mu-
nicpalty shall be entitled to deed for the prop
erty the same as any other purchaser; in all cases
where any lands be bought by the village or
municipality aforesaid under this act, it shall
be lawful for the governing body Of such village
or municipality to sell and assign the certificate OF
sale to sell and convey such lands, or any part
thereof, by good and sufficient deed, to any per-
son or persons such terms may be agreed
upon without warranty; provided, that if sold at
private sale, the price for the land shall not be
less than the amount due the village or other
municipality thereon when purchased
4. And be it enacted, That any person or persons
having an estate in or mortgage upon any lands
and premises sold in pursuance of the second sec
ton of this act, whose estate OF lien appears 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 purchaser.
| his heirs assigns, in the manner hereinafter
provided, or before deed of such premises shall
have been delivered provided in this act, redeem
said lands and premises by paying to the collector
of said village municipality. 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 hereinaf-
| ter provided; and upon such redemption the VII
age or municipality shall pay to such purchaser,
his heirs or assigns, the amount received from the
person redeeming; such notice shall be IL writing
and shall be served by the purchaser of the prop
erty OF his agent on said owner or mortgagee Ell
Their personally or by leaving the at his place
| of abode with member OF his family above the
age of fourteen in case such owner or MORTGAGE
is nonresident, or his residence on due inquiry
cannot be ascertained, then the notice may be
served by publishing the same in newspaper
printed or published or circulating in the village
or municipality for the period OF SIX weeks, at
| least once in each week. and dep0siting copy OF
such notice within twenty days after its first pub
LEGATION in the post office OF the village or munich
alitv. Enclosed in wrapper post paid directed to
such owner or mortgage at MS or her last known
post office address, if the same can be ascertained
inquiry for the residence 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
be likely to be ascertained and also by an exami-
| nation Of the record of the deed or mortgage
account of which notice is given; an affidavit
sh ali he made nv the purchaser or his agent setting
forth the manner and particulars OF the service,
and in case the same is made by publication, set
ting forth what inquiry was made to ascertain the
residence and poet Office addrts s. of such
| mortgage, and in such case an affidavit OF the
| publication shall also be made by the person pub
| fishing such newspaper, or by someone in his
| plov having cognizance of the publication, stating
the particulars thereof and the affidavit afida
Wits shall be filed in the office Of the clerk OF the
will within
the date of service and shall be prima facie evil
dence in all courts and places Of the facts therein
stated the purchaser shall be entitled to the pos
session of said lands Immediately upon giving
such notice to the owner thereof III case the same
are unoccupied, or if they are occupied, then
within thirty days thereafter and he shall have
the same remedy by writ Of assistance OF other
wise in the circuit court of the county IN which
the village or municipality is situate, or in the
court of chancery for the recovery Of the possess
sion of said lands as the purchaser OF mortgaged
premises at a foreclosure sale is now or may here
after be entitled to by any law or practice of tins
state provided however, that if ANY estate in any
of said lands shall be held by an heir or devisee OF
decedent whose estate appears of record in tine
county, or if any mortgage or lease shall be held
by the executor or administrator of any decedent
whose mortgage or lease appears OF record in the
county, such heir, devsee, executor or adminstra-
tor shall be entitled to redeem and to have notice
as aforesaid before the purchaser shall be entitled
to the possession Of the lands and provided, also,
that the records and schedules of all sales made
under this act shall be filed and kept in the same
offices of the several villages and municipalities
wherein records OF tax sales are now by law re-
| quired to be kept.
5. And be it enacted, That it shall not be neces-
sary to set cut the proceedings under this act at
! length in the deed for the lands sold, but gem
eral statement therein that such deed was made
and executed upon proceedings taken under the
authority of this act shall be sufficient
g. And be it enacted, That in case any owner,
mortg gee or other person appearing TO have an
interest in the lands which shall be sold for
of taxes or assessments under the provisions OF this
act ia unknown to or cannot be ascertained by
The purchaser or his legal representatives OF as
signs after due inquiry, application shall be made
to the circuit court OF the county wherein such
lands are situate for an order for deed, by petit
ton duly verified, which shall describe the said
lands so sold not only described in such notice OF
set out the manner in which the purchaser or his
legal representatives Assigns have made inquiry
fo- aunh NJ L nown owner. mOrtQaQee or other in