New Jersey § acts:saved-54 - (5)

§ acts:saved-54. (5)

5. That the comptroller or other collecting officer shall on the receipt of the purchase

money on any sale or of bonds in lieu thereof, as provided by this act, execute and

deliver to the purchaser a certificate of such sale, which shall contain a covenant

on the part of the city to refund the amount paid for said lands in cash, where cash

was received, and to return the bonds or obligations, where bonds or obligations were

received, without interest, in case the title conveyed by said sale shall prove invalid;

upon surrender of the said certificate of sale and proof of service of the notice

thereof as hereinafter provided, upon the owners and mortgagees of the said lands

and premises, the comptroller or other collecting officer shall, after the expiration

of six months from the date of such service, execute and deliver to the purchaser

at such sale, his heirs, devisees and assigns, a deed for said lands and premises,

which shall be sealed and attested by the clerk of the city and proved in the usual

manner; and such purchaser, his heirs, legal representatives or assigns shall take

a good and sufficient title to the property sold in fee simple absolute, free of all

encumbrances (except taxes, assessments, water rates levied after the confirmation

of said report, and except sewer assessments made and levied under the provisions

of an act entitled “An act to authorize cities to construct sewers and drains and

to provide for the payment of the cost thereof,” approved March eighth, one thousand

eight hundred and eighty-two, when the sewer assessment on the land sold was not included

in the report of the commissioners), of which the said deed shall be presumptive evidence

in all courts and places, and in any proceedings or actions to be by such purchasers,

his heirs, legal representatives or assigns, taken, prosecuted or defended for the

recovery of the possession of the property so sold as aforesaid or in the establishment

or defense of his or their title, shown as aforesaid by such deed, the title shall

not fail or be defeated by reason of any irregularity or formal defect in the procedure

taken under this act, upon which the sale shall have been made or the title conveyed

as aforesaid, or by reason of any illegality in fixing and adjusting the tax, assessment

and lien to enforce which said sale was made or in the proceeding for collecting the

same; provided, the property sold was liable, at time such tax, assessment and lien

was fixed and adjusted, to the imposition of a tax, assessment or lien in respect

of the purposes for which such tax, assessment and lien was fixed and imposed, and

it does not appear that any substantial injury was done to the owner of the property

by reason of the irregular or illegal manner or method of fixing, imposing or collecting

said tax, assessment and lien; the city may be a purchaser at any sale of lands under

the provisions of this act, with the same right, title and effect as any other purchaser,

and the certificate of sale to the city shall be delivered to the mayor, who shall

on behalf of the city cause notice of the sale to be served on the owners and mortgagees

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 city shall be entitled to

a deed for the property the same as any other purchaser; in all cases where any lands

shall be bought by the city as aforesaid under this act, it shall be lawful for the

common council or legislative body of the city, with the consent of the board or body

having charge or control of its finances, to sell and assign the certificates of sale

or to sell and convey such lands, or any part thereof, by a good and sufficient deed,

to any person or persons, and accept either money or bonds or obligations of the city

in payment therefor, on such terms as may be agreed upon and with or without warranty;

provided, that if sold at private sale, the price for the land shall not be less than

the amount due the city thereon when purchased.