made a lien

which may be

Assessments after levied or assessed, and all assessments which may hereon real estate, after be made, under and in pursuance of the said act, or any sold it unpaid, supplement or supplements thereto, against any person or Fedemption to persons or any corporation, or upon any lands and real estate, for owners, &c. the laying out, opening, altering, widening, straightening,

giving right of

grading or working of any street, avenue or highway, or any part thereof, or for working or altering the grade of any street, avenue or highway, or any part thereof, shall be liens upon all the lands, tenements and real estate of such person or persons or corporation, situate in said town, or upon the certain lands and real estate upon which the same shall be levied, assessed and made, as the case may be, and, with interest upon the same and all costs and fees, shall remain liens thereon for the space of three years from the twentieth day of May of the year in which said tax or assessment shall be levied, assessed and made, notwithstanding any devise, descent, alienation, mortgage or other incumbrance thereof, and notwithstanding any mistake in the name or names of the owner or owners, or omission to name the real owner or owners; and that such tax or assessment may be collected either in the way now or hereafter provided by law, or may be enforced by the sale of such lands, tenements and real estate; and that if the full amount of any such tax or assessment, with legal interest thereon, shall not be paid and satisfied within one year after the time when said tax becomes due and payable, according to the provisions of said act or of any supplement or supplements thereto, or when said assessment becomes due and payable as may be appointed by the common council for the payment thereof (which appointment they are hereby authorized to make by ordinances enacted in the usual manner), it shall and may be lawful for the said common council to cause such lands, tenements or real estate to be sold, at public auction, for the shortest term, but in no case exceeding fifty years, for which any person or persons will agree to take the same, and pay such tax or assessment, or any balance thereof remaining unpaid, with the interest thereon, and all costs, fees and expenses, such payment to be made before the close of the sale, or if not so made, the treasurer to resell the property, free from any claim of the first purchaser, and to execute, under the common seal of said town, a declaration of such sale, to be signed by the mayor and town clerk, and to deliver the same to the purchaser; and such purchaser, his or her executors, administrators and

assigns, shall, by virtue thereof, hold and enjoy the said lands, tenements or real estate, for his, her or their own proper use, against the owner or owners thereof, and all persons claiming under him, her or them, until said term shall be completed and ended; provided, the said common council Proviso. shall first have caused said sale to be advertised for at least sixty days in the newspapers in said town, and, also, by advertisement put up in at least five public places in said town, which advertisement shall describe the said lands, tenements or real estate, and specify the amount of assessment or tax, and the recitals in such declarations of sale shall be evidence of the assessment, advertising and sale; and provided, also, Proviso. that the said common council may, in such advertisement, correct any errors in the description of said property so as to properly identify the same; and provided, also, that the Proviso. lands, tenements or real estate so sold may be redeemed by the owner, mortgagee, occupant, or other person interested therein, or by any other person or persons for or in behalf of the owner, mortgagee or claimant of such lands, tenements or real estate, at any time within three years after the sale for either taxes or assessments, or for both, by paying to the treasurer of the town, for the use of said purchaser, the purchase money, together with any other sum paid for tax or assessment, which the said purchaser may have paid, chargeable on such lands, tenements or real estate (and which he is hereby authorized to do), with interest thereon, at the rate of fifteen per centu:n per annum, in addition thereto; and the certificate of the treasurer of the town, stating the payments, and showing what lands, tenements or real estate such payment is intended to redeem, shall be evidence of such redemption; and any mortgagee shall have power to redeem at any time until the expiration of the one year's notice hereinafter specified; no mortgagee whose mortgage shall have been duly recorded before sale for any tax or assessment, nor any assignee thereof, shall be affected by such sale unless one year's notice in writing shall have been given to him or them by the purchaser, or those claiming under them, either personally, if resident in said town, or, if not to be found in said town, then such notice shall be deposited in the post office at or nearest to said town, directed to him or them at their last known place of residence, as stated in said mortgage or in any assignment thereof, but nothing therein contained shall be so construed as to impair the lien created by such tax, assess

Proviso.

Proviso.

Proviso.

Provise.

Proviso.

ment or sale; and provided also, the said term of years for which any lands, tenements or real estate shall be sold so as aforesaid shall not commence, nor shall said purchaser, or those claiming under him, have a right of possession to said lands, tenements or real estate, until the three years limited for the redemption of the same shall have expired; and the said purchaser, or those claiming under him, shall, at the expiration of the time limited in such declaration of sale, quit and surrender the said lands, tenements or real estate in as good state and condition as when he entered thereon, damage by the elements, as well as by natural wear and accidents, excepted; and provided also, that the said sale may be adjourned or postponed from time to time, or suspended, as the said common council or the town treasurer may direct; and provided, that if at any sale of lands, tenements or real estate for assessments or taxes the whole or any part thereof shall remain unsold for the want of any purchaser or purchasers, then it shall be lawful for the said town treasurer to adjourn the said sale, not less than thirty nor more than sixty days, and at least twenty days' notice shall be given as aforesaid of the said adjourned sale; and if at said adjourned sale there shall be no purchaser or purchasers for said lands, tenements or real estate, or for any part thereof, then it shall be lawful for the treasurer of the said town to purchase the said lands, tenements or real estate for the benefit of the town, for the term of fifty years, subject to the same redemp. tion as herein before provided for; and provided also, that all moneys paid for the redemption of said lands, tenements or real estate as aforesaid, together with such taxes and assessments paid by any mortgagee or judgment creditor, shall be a lien upon said lands, tenements or real estate for the amount so paid, with interest at the rate of seven per centum per annum, and such lien shall have the precedence over all other liens on said lands, tenements or real estate in like manner as if the same had been included in his mortgage or judg ment; and provided further, that a complete record of all taxes and assessments shall be kept in the town clerk's office, which record shall contain the times when such assessments and taxes were laid, the times when the same respectively became due and payable, the times when they were paid, and (if the property has been sold therefor,) the times of said sale and to whom sold, and (if redeemed) when and by whom; and it shall be the duty of the town clerk to record in a book to

be called "record of sales," all declarations of sale and all assignments thereof, and to give certificates of search in relation to such liens, to any person or persons applying for the same, and to cancel such declarations when the property for which they were given shall be redeemed, on certificate of the town treasurer of such redemption, and to file such certificate in the said clerk's office; and that no assignment of any such declaration shall have any effect until the same shall be recorded in the office of the town clerk; and that it shall be the duty of the treasurer to make out two certificates for all property redeemed, one for the person redeeming and one to be filed in the said clerk's office as aforesaid, for which service the said person redeeming shall pay to the said treasurer the sum of one dollar, for the use of the town.

5. And be it enacted, That all aets and parts of acts con- Repealer. flicting with the foregoing provisions, shall be and the same are hereby repealed, and this act shall be deemed and taken to be a public act and shall take effect immediately. Approved March 18, 1868.

CHAPTER CLXXXIV.

An Act to regulate the system and practice relating to the employment of hacks, stages and vehicles for passengers in the city of Cape Island, in the county of Cape May.

quired for

1. BE IT ENACTED by the Senate and General Assembly of License rethe State of New Jersey. That it shall not be lawful for any hacks, &c. person who may not have been a resident for one year of the county of Cape May, in this state, to engage in the business of carrying passengers or their baggage by hacks, stages and vehicles for hire in the city of Cape Island, in said county, unless such person or persons shall first pay to the mayor of said city a license fee of one hundred dollars for each and every hack, stage or vehicle so hired or engaged for the benefit of said city.

2. And be it enacted, That if any such person shall engage Forfeiture for in the business of carrying passengers or their baggage by law.

violation of

Proceedings thereon.

Charges for hacks, &c.

Proviso.

hacks, stages or vehicles in said city without having first paid such license fee, such person for every such offence shall forfeit his hack, stage or vehicle, and horse or horses engaged in such business, and the same may be seized and secured and disposed of in the manner herein prescribed.

3. And be it enacted, That it shall be the duty of all constables and police officers, and may be lawful for any other person or persons resident in said county to seize and secure any such hack, stage or vehicle, or horse or horses employed as aforesaid, and immediately give information thereof to the mayor, recorder or alderman of the said city of Cape Island, who shall appoint a time and place to hear, try and determine the same, and who are hereby empowered and required to declare the same condemned, if the provisions of this act be violated; and in case the said hack, stage, vehicle, horse or horses be condemned by the proceedings of said mayor, recorder or alderman, the same shall be sold by the order and under the direction of such mayor, recorder or alderman, who, after deducting all legal costs, charges and expenses relative to said seizure and condemnation, shall pay one-half of the proceeds of such sale to the treasurer of said city of Cape Island, and the other half to the person who shall have seized the said property and prosecuted the same to condem

nation.

4. And be it enacted, That the charges for employment of all hacks, stages or vehicles in said city of Cape Island shall not be more than two dollars and fifty cents ($2.50) per hour for five (5) persons, and at the rate of fifty cents per hour for each additional person conveyed; provided, that these rates shall not be construed to interfere with the rates adopted by any steamboat line plying to said city.

5. And be it enacted, That this act shall go into effect immediately.

Approved March 18, 1868.