New Jersey § acts:saved-54 - (44)

§ acts:saved-54. (44)

2. In any case where any commissioners of adjustment, appointed under the provisions

of the act to which this is a supplement, shall have filed their report with the circuit

court of the county, and such proceedings have been had upon said report that the

said court has confirmed the said report and has ordered a sale of the lands therein

mentioned, but no sale in pursuance thereof has been had, and it has been discovered

that any owner or owners, mortgagee or mortgagees, lienor or lienors or other person

or persons interested in or entitled to receive any notice or any order under the

said act, has or have not been made parties defendant or has or have not been served

with any notice or order to show cause required to be served upon him or them, then

in that case the said commissioners of adjustment may make application to the court

(which application shall set forth the circumstances of the case) asking that the

said order confirming their report, insofar [forth] only as concerns any such lot

or lots, parcel or parcels, tract or tracts of land, the owners, mortgagees, lienors

or other persons interested in which have not been made parties defendant or served

with any notice or order to show cause as aforesaid, and the court on being satisfied

of the truth of the allegations of the said application may make an order modifying

or opening said order of confirmation, and may refer back to the said commissioners

its report insofar as may be necessary to correct any error or errors as aforesaid

in the proceedings, or any other errors affecting such particular lots, parcels or

tracts of land, and no further, and to reconsider the subject matter thereof; and

the said commissioners shall reconsider their report and take such proceedings as

may be necessary to correct the said error or errors in the proceedings and shall,

upon some day to which the matter shall be adjourned, which adjournments from time

to time the court may make, return the same, with such report as may 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 back by the said court, in the manner

aforesaid, and as right and justice may require, and so from time to time until their

report shall be made or returned in the premises, which the said court shall confirm,

and when the said report shall be so confirmed a sale may be ordered and had in accordance

with the provisions of the said act to which this is a supplement.