New Jersey § acts:saved-54 - (51)

§ acts:saved-54. (51)

5. That where notice is given by publication pursuant to the provisions of said act

and supplements, or has heretofore been so given, to the person who by records in

said county where the land sold lies, is or appears to be the owner or mortgagee of

said lands or to have an interest therein, and the time for redemption has not yet

elapsed and the purchaser or his agent, or his assignee or his agent, does not know

of his own knowledge and cannot ascertain by inquiry made on the said lands whether

such person is alive or deceased, and cannot ascertain his address by inquiry made

on said lands, such person shall be conclusively presumed to be alive, and a notice

published as required by said act and supplements, and mailed to the address, if given

by the deed, mortgage or other recorded instrument, to him shall, after the time limited

for the redemption of said lands, bar, bind, divest and foreclose of and from all

equity of redemption, the right, title and interest in said lands of not only such

person, if he shall have been alive at the time of the publication of such notice,

together with all persons claiming through or under him, but shall also be conclusive

against and bar, bind, divest and foreclose of and from all equity of redemption,

all right, title and interest in said lands, of the heirs, devisees and personal representatives

of such person or persons if at the time of such publication of said notice such person

shall, in fact, have been dead; provided, the said purchaser or his agent, or his

assignee or his agent make affidavit to the fact that he does not know and cannot

ascertain by inquiry made in said lands whether such person is alive or dead at the

time of the first publication of said notice, and could not then ascertain his address

by inquiry made upon said lands, and does not know such address at the time of making

said affidavit, and that the only address he can learn of such person is that disclosed

by said record, if any is disclosed, and where no address is given publication alone

shall be sufficient; and he shall also make proof of such mailing, if notice is mailed,

which affidavits and proof shall be filed with the officer with whom the proofs are

required to be filed, before the execution and delivery of the deed for said lands.