New Jersey § acts:saved-54 - (43)

§ acts:saved-54. (43)

1. In any proceeding now pending or which may hereafter be brought under the act to

which this is a supplement, in case the residence within the state of any person or

persons having an estate or interest in or mortgage or other lien upon any lands or

premises upon which the arrearages of taxes, assessments, water rents or water rates

have been or may be adjusted and collected in pursuance of the provisions of the said

act, cannot, upon due and careful inquiry be ascertained, then any notice or order

to show cause required by the said act, or this or any other supplement thereto, to

be given to him or them may be served by publishing the same in a newspaper published

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

are situated for six weeks, consecutively, at least once each week, and by mailing

a copy of such notice or order to show cause within twenty days of its first publication,

inclosed in a wrapper, postpaid, directed to such owner, mortgagee, lienor or other

person interested in or having a lien upon said lands and premises at his, her or

their last known post-office address or addresses, if the same can be ascertained;

in case such owner, mortgagee, lienor or other party having an interest in or lien

upon the said lands or premises be a corporation heretofore created under any law

of this state, and by reason of its dissolution its directors or any other persons

have become trustees for the purpose of winding up its affairs, such notice or order

to show cause to said corporation may be served personally upon any such trustee,

or, if there be no trustee surviving, then such notice or order to show cause to said

corporation may be served upon the eldest son of the trustee who last survived; in

case such owner, mortgagee, lienor or other party having an interest in or a lien

upon said lands and premises be a receiver of a corporation, organized under the laws

of any foreign state or be a foreign corporation, and his or its residence cannot,

upon due inquiry, be ascertained, then such notice or order to show cause may be served

by publishing the same in a newspaper published or circulating in the town, township,

borough or municipality in which the lands are situated, for six weeks consecutively,

at least once in each week, and by mailing a copy of such notice or order to show

cause within twenty days of its first publication, inclosed in a wrapper, postpaid,

directed to such receiver or such corporation at his or its last known address, if

the same can be ascertained; inquiry for the residence or post-office address of

any such owner, mortgagee, lienor, receiver, corporation, or other persons having

an interest in or lien upon said lands and premises, shall be made by the counsel,

attorney or agent of the commissioners in charge of the said proceedings, or, by the

purchaser, including the municipality, or his or its grantee, successor, or assignee,

or his, her, their or its counsel, attorney or agent, upon the lands purchased at

the sale, if they are occupied, and wherever else in the town, township, borough or

other municipality the information is likely to be ascertained, and also by an examination

of the record of the deed, mortgage or other instrument or record on account of which

such notice is given; an affidavit shall be made by the counsel, attorney or agent

of the commissioners or by the purchaser, including the municipality, his, her, their

or its grantee or assignee or his, her, their or its counsel, attorney or 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, mortgagee, lienor or other person having an interest in or lien upon

said lands and premises, and, in such case, an affidavit of the publication shall

also be made by the person publishing such newspaper, or by some one in his employ

having cognizance of the publication, stating the particulars thereof; and the affidavit

or affidavits shall be filed in the office of the clerk of the circuit court of the

county within one month after the date of service and shall be prima facie evidence

in all courts and places of the facts therein stated.