Provision when taxes, etc., not realized at sale. Purchaser to pay deposit. "Town Clerk for the amount so paid, together with interest thereon, the person primarily liable to pay such money. 13. If the town clerk fails at such sale to sell any land for the full amount of the arrears of taxes or water rates or sewer frontage tax or sewerage rates; as the case may be, due, the said clerk shall at such sale adjourn the same until a day then to be publicly named by said clerk, not earlier than one week or later than two months, of which adjourned sale the said clerk shall give notice by advertisement by one insertion each week in the same newspapers if then published, in which the sale was originally advertised, and if not, in any two newspapers published in Sydney or North Sydney, and on such day the said. clerk shall sell the lands for any sum the said clerk can realize, and shall accept such sum in full payment of such arrears of taxes or water rates or sewer frontage tax or sewerage rates, as the case may be. But the owner of any land so sold shall not be at liberty to redeem the same except upon payment of the full amount of taxes or water rates or sewer frontage tax or sewerage rates, as the case may be, due, with expenses. 14. If the purchaser of any parcel of land fails immediately upon the same being knocked down to him to pay the town clerk the amount of the purchase money, or deposit with him such smaller amount as shall be equal to the amount of the taxes or water rates or sewer frontage tax or sewerage rates, as the case may be, and costs of sale, he shall forthwith again put up the property for sale. 15. The town clerk, after selling any lands for ficate of what taxes or water rates or sewer frontage tax or sewerage land sold. rates, as the case may be, shall upon payment of the balance, if any, of the purchase money within three days after the sale, give a certificate under the hand of the said clerk to the purchaser, stating distinctly what land has been so sold, and describing the same and the interest therein, and also stating the sum for which it has been so sold. The certificate shall also state that a deed conveying the same to the purchaser or his assigns will be executed by the mayor and town clerk on his or their demand, on payment of two dollars, at any time after the expiration of one year from the date of the certificate, if the land is not previously redeemed, The town clerk shall keep a duplicate of each certificate granted by him, which shall be open to the inspection of any person interested in the land therein mentioned. Provision not paid. 16. If the balance of the purchase money is not when purpaid within said three days, the property shall again chase price be advertised for sale with the same proceedings as if it had not been sold, and the expenses of such resale shall be deducted from the deposit paid by the first purchaser, the balance to be refunded on demand. ity in not dis Lien 17. When any real property is sold for non-payment charged, by of taxes or water rates or sewer frontage tax or sew-any irregularerage rates, as the case may be, and the sale is set proceedings aside for an irregularity, or for any cause, the lien thereon shall not be thereby discharged, but the said property shall again be sold unless the taxes or water rates or sewer frontage tax or sewerage rates and other charges against the same are paid. when to owner. 18. The purchaser shall, on receipt of the town Purchaser, clerk's certificate of sale, become the owner of the land become so far as to have all necessary rights of action and powers for protecting the same from injury, or was, until the expiration of the time during which the land may be redeemed, but he shall not knowingly permit any person to cut trees on or injure the premises, nor shall he do so himself, but he may collect any rent due for the same or use the property without deteriorating its value. redemption 19. From the payment to the town clerk of the Payment full amount of redemption money required by this money puract, the said purchaser shall cease to have any further interest right in or to the land in question. chasers ceases. out of pur deduct certain 20. The town clerk shall, out of the purchase money Town Clerk, received for each lot, deduct the amount of taxes or chase moneys, water rates or sewer frontage tax or sewerage rates, sums. as the case may be, and expenses for which the same is liable, as shown by the list advertised, also all rates and taxes assessed on or in respect of said property Owner may redeem within for the subsequent years, and due at the time of such sale, or water rates or sewer frontage tax or sewerage rates so due, as the case may be, and shall pay the balance, if any, to the Prothonotary of the Supreme Court, at Sydney, and at the same time furnish him with a certificate of sale, and said balance shall be paid out and distributed as directed by the Supreme Court on a summary appplication, in the same way as surplus proceeds in foreclosure suits are paid and distributed, or such balance may be retained in the treasury of the town until applied for by the parties. entitled thereto, and may be paid out on resolution of the town council on application therefor. 21. The owner of any land which may hereafter one year from be sold for non-payment of arrears of taxes or water date of sale. rates or sewer frontage tax or sewerage rates, as the case may be, or his heirs, executors, administrators or assigns or attorney or agent may, at any time within one year from' the day of sale, exclusive of that day, redeem the property sold by paying to the town clerk (who shall receive the same) for the use and benefit of the purchaser, or his legal representatives, the sum paid by him, together with six per centum thereon, and the town clerk shall give to the party paying such redemption money a receipt stating the sum paid and the object of payment, and such receipt shall be evidence of redemption. A duplicate of such receipt shall be kept by the town clerk in his office, open to the inspection of all persons interested in the land therein mentioned. 22. The sum so received by the town clerk shall, on demand, be forthwith paid over by said clerk to the purchaser entitled to receive the same, or his legal representatives. 23. If the land is not redeemed within the period so allowed for its redemption, being one year exclusive of the day of sale aforesaid, then, on the demand of the purchaser or his assigns, or other legal representatives, at any time afterwards, and on payment of two dollars, the town clerk shall prepare and execute, with the mayor, and deliver to him or them a deed of the land sold, in which deed any number of lots so sold may be included at the request of the purchaser or his assigns. "town clerk" 24. The words "town clerk" and "mayor" shall Meaning of mean the persons who at the time of the execution and "mayor." of the deed in the foregoing section mentioned hold the said offices in the town of North Sydney, and in all cases, where lands have been sold for taxes, or water rates or sewer frontage tax or sewerage rates, as the case may be, the conveyance by the town clerk and the mayor for the time being, or their successors in office, shall not be invalid by reason of the statute under authority whereof the sale was made having been repealed at or before the time of conveyance, or by reason of the town clerk who made the sale having gone out of office. 25. The deed shall be under the seal of the town, Deed, form of. and in the form following, and shall fully describe the land conveyed. Said deed shall be conclusive evidence that all the provisions of this act, with reference to the sale of land therein described, have been fully complied with, and every act and thing necessary for the legal perfecting of such sale have been duly performed, and shall have the effect of vesting said land in the grantee or purchaser, his heirs or assigns, in fee simple, free and discharged from all encumbrances whatsoever, whether registered or not; and any deed in the form, or to the same effect, as in the said schedule, purporting to be executed under the seal of the town of North Sydney by the mayor and town clerk, shall vest in the grantee therein named, his heirs and assigns, a full, absolute and indefeasible. estate, in fee simple, to the land therein described. FORM OF TAX DEED. TO ALL TO WHOM THESE PRESENTS SHALL COME: of North Sydney, mayor and.. send greeting: .of the town of the same place, town clerk, WHEREAS, by virtue of a warrant under the hand of the mayor and seal of the said town, bearing date the.... ...day of... in the year of our Lord, one thousand nine hundred and commanding the town clerk of the said town to levy upon the said land hereinafter mentioned for the arrears of taxes or water rates or sewer frontage tax or sewerage rates, as the case may be, due thereon, with expenses, the town clerk. of the said town did, on the... . . . .day of.... ..in the year of our Lord. one thousand nine hundred and. sell by public auction to..... .in the county of. .of. that certain parcel or tract of land hereinafter mentioned, at and for the price and sum of . . . . . of lawful money of Canada, on account of the arrears. of...... ..taxes or water rates or sewer frontage tax or sewerage rates, as the case may be, alleged to be due thereon up to the.... day of..... ....in the year of our Lord one thousand nine hundred and.. together with interest and expenses; NOW KNOW YE, that we, the said.... and .... ..as mayor and town clerk of the said town, in pursuance of said sale, and of the statutes in such case made and provided, and for the consideration aforesaid, do hereby grant, bargain, sell unto the said.... .his heirs. and assigns, all that certain parcel or tract of land in the said town of North Sydney, described as follows.. IN WITNESS WHEREOF, we, the aforesaid mayor and town clerk of the said town, have hereunto set our hands and affixed the seal of the sad town, this .day of.... in the year of our Lord one thousand nine hundred. and.. (Corporate Seal) Signed, sealed and delivered in the presence of A. B., Mayor. C. D., Town Clerk. |