New Jersey § acts:saved-54 - (3)

§ acts:saved-54. (3)

3. That the said commissioners shall keep a record of their proceedings under this act,

in which shall be entered their determination as to the amount to be charged and assessed

upon and against each lot or tract of land as aforesaid, designating the same by block

and lot numbers as shown on the assessment map of such municipality or other maps

filed in the office of the clerk of such municipality, and in case such municipality

shall have no assessment map or other maps on which said property is laid down, then

such designation shall be made according to the maps on file in the office of the

county clerk or register of the county wherein such land is situated, and in case

such property is not shown on any such map or maps, the said commissioner shall designate

the same by proper description, and in case it should be deemed necessary by them,

cause an actual survey to be made of any such lot or parcel of land and premises which

is not laid down upon such maps, such cost of survey and map to be added to the amount

of arrears remaining unpaid on such property, and shall make reports as they proceed

with the discharge of their duties, of the amount so charged and assessed, cost of

survey and maps, if any, and such actual disbursements as may have been incurred in

ascertaining the owners and lienors of each lot or parcel of land affected by the

finding of such commissioners, such disbursements to consist of the legal fees for

searches in the supreme court of the state of New Jersey, the United States district

and circuit court for the district of New Jersey and disbursements as hereinafter

next set out for searches in the register's office, where such office exists, and

in the county clerk's and surrogate's offices, and where no register's office exists,

in the county clerk's and surrogate's offices of the county in which the land is located,

at the following rates: On any one lot or parcel of land containing five thousand

square feet or less, ten dollars; on each lot or plot of land containing more than

five thousand square feet and not exceeding three acres, twenty-five dollars; on

each lot or plot of land containing more than three acres, forty dollars; and shall

file the same with such maps as the commissioners deem necessary in the office of

the clerk of the court by which they were appointed; said reports shall be certified

by the signatures of at least two of the said commissioners, and upon the coming-in

and filing of any such report, signed by the said commissioners or any two of them,

the said court shall make an order directing the owner or owners and lienor or lienors

of each lot or parcel of land affected by said report to show cause why said report

should not be confirmed and the lands sold in fee simple, absolute, free and clear

from any estate in or lien upon the same, to raise and pay the amounts charged and

assessed with the said disbursements; that certified copies of such order to show

cause shall be served personally or by residence service upon some member of defendant's

family above the age of fourteen years within thirty days from its date, upon each

person named therein resident in this state, and if any person named in said order

is, upon careful inquiry, found to be not resident in this state, that within the

same time a notice of the making of the said order, stating its date, purpose, time

and place returnable, a description of the lands affected thereby, the amount of taxes,

assessments and water rates due thereon, with disbursements as aforesaid, and directed

to each person named in such order not a resident, shall be published in a newspaper

published or circulating in the town, township, borough or other municipality in which

the lands are situated for six weeks consecutively, once a week, and within the same

time mailed to the last known post-office address of such nonresident; that on the

return day of said order there shall be presented to the said court proofs of the

service of the said order, or of the publication of such notice and of the manner

in which inquiry has been made for the post-office addresses of nonresidents, and

of the time and manner of mailing such notice; that if the court shall not be satisfied

by the proofs that due inquiry has been made for such post-office addresses, the hearing

may be continued to a later day and further order made for service of the notice as

the court may think proper; that if it shall appear by the petition or by proofs

on the return day that any of the persons named in the order to show cause is under

disability through minority or otherwise, the court shall appoint a guardian ad litem

for such person; provided, proof shall be made that at least thirty days' notice

of the application for the appointment of a guardian ad litem shall have been served

upon the general guardian, if any, within this state, of such person under disability,

or upon his father, if living in this state, or if not, upon his mother, if living

in this state; that all persons claiming any interest in or lien upon said lands

under any instrument which by law could be made a public record in any public office

in this state, and which shall not be so made a matter of public record at the date

of the filing of the petition above provided for, shall be bound by the proceedings

taken under this act in the same manner as if such persons had been made parties to

the proceedings; that where any person has been party to proceedings under this act,

who by the public records appears to be the owner of some estate in or lien upon said

lands, and inquiry made on behalf of the town, township, borough or other municipality

does not disclose whether such person is alive or dead, such person shall be conclusively

presumed to be alive, and a notice published as required by this act and mailed to

the address, if given by the instrument of record, shall be conclusive against and

bind not only such person if living, but any person claiming through or under him

if he be dead; provided, that proof of the making of such inquiry on behalf of the

town, township, borough or other municipality shall be presented to the circuit court

on the return day of the order to show cause; that where the lands shall be held

in trust by a trustee or trustees, service of the notice prescribed hereby upon such

trustee or trustees shall be conclusive on and bind all persons in any manner interested

in said lands either in law or in equity; and upon the day fixed by the said order

or upon any day to which the matter may be adjourned, the court, after hearing any

matter that may be alleged against the same, shall, by rule or order, either confirm

the said report or refer it back to the said commissioners to reconsider the subject

matter thereof, and the said commissioners shall, upon some day to which the matter

shall be adjourned, which adjournments from time to time the court may make, shall

return the same to be corrected and revised, or a new report to be made by them in

the premises to the said court without unnecessary delay, and the same on being so

returned shall be confirmed or again referred by the said court in the manner aforesaid,

as right and justice may require, and so from time to time, until a report shall be

made or returned in the premises which the said court shall confirm; any commissioner

who shall refuse to sign such report shall file with the same a statement of his reasons

for so refusing for the information of the court; said report upon being so confirmed

shall be final and conclusive upon the said town, township, borough or other municipality,

and upon all persons owning or having any interest in or lien upon the said lands

and against all persons whomsoever, and the amount so fixed, determined, certified

and confirmed, including the disbursements aforesaid in each case shall thereupon

become and be a valid and binding tax, assessment and lien on the lands so designated,

in lieu and instead of all outstanding claims of the said town, township, borough

or other municipality for arrearages of taxes, assessments or water rates levied or

confirmed, or attempted to be levied or confirmed, prior to the making of the said

report, and shall be a valid lien on said lands, having priority over all other liens,

claims or demands whatsoever, except taxes, assessments or water rates levied after

the making of the said report; and the proceeds thereof, when collected, shall be

applied to the payment of the expenses of carrying out the provisions of this act,

and any indebtedness to which the original tax, assessment or water rate was specifically

pledged, and to the payment of other debts of the said town, township or other municipality,

if any; but no application to any other use shall be made while any matured bonds

of the town, township, borough or other municipality remain unpaid; it shall be competent

for the said commissioners to include in any one report their several determinations

respecting as many lots or tracts of land as may seem to them convenient, and it shall

be their duty to indicate in their report how much of the new lien imposed by them

on each lot or tract of land was made on account of taxes, assessments and water rates,

respectively, to the end that the money to be derived from the sale of the lands,

as hereinafter provided, may be applied in due proportion to the purchase or payment

of any bonds or obligations that may have been issued on account of taxes, assessments

and water rates, respectively, or for the payment of which the same may have been

pledged; it shall be the duty of the corporation attorney or counsel for said town,

township, borough or other municipality, to assist the said commission by advice,

preparation of reports and otherwise in the discharge of their duties, when requested;

and the said commissioners shall have power to appoint a surveyor or engineer, a clerk

and such other assistants, when in the judgment of the commissioners their services

may be deemed to be necessary, fix their compensation, and remove such appointees

whenever said commissioners shall deem it advisable, which appointments and compensation

shall be subject to the approval of the judge of the circuit court of the county appointing

the commissioners, and in all cases bills for expenses and other necessary disbursements

incurred by them in the discharge of their duties under this act, including search

and surveyors' fees, shall be presented to said commissioners for approval before

payment is made by the municipality.