New Jersey Acts Saved from Repeal ACTS SAVED 54 § 6-5(3)

3. That the said commissioners shall keep a record of their proceedings under this act, in which shall be entered their determination as to the amount to be charged and assessed upon and against each lot or tract of land as aforesaid, designating the same by block and lot numbers as shown on the assessment map of such municipality or other maps filed in the office of the clerk of such municipality, and in case such municipality shall have no assessment map or other maps on which said property is laid down, then such designation shall be made according to the maps on file in the office of the county clerk or register of the county wherein such land is situated, and in case such property is not shown on any such map or maps, the said commissioner shall designate the same by proper description, and in case it should be deemed necessary by them, cause an actual survey to be made of any such lot or parcel of land and premises which is not laid down upon such maps, such cost of survey and map to be added to the amount of arrears remaining unpaid on such property, and shall make reports as they proceed with the discharge of their duties, of the amount so charged and assessed, cost of survey and maps, if any, and such actual disbursements as may have been incurred in ascertaining the owners and lienors of each lot or parcel of land affected by the finding of such commissioners, such disbursements to consist of the legal fees for searches in the supreme court of the state of New Jersey, the United States district and circuit court for the district of New Jersey and disbursements as hereinafter next set out for searches in the register's office, where such office exists, and in the county clerk's and surrogate's offices, and where no register's office exists, in the county clerk's and surrogate's offices of the county in which the land is located, at the following rates: On any one lot or parcel of land containing five thousand square feet or less, ten dollars; on each lot or plot of land containing more than five thousand square feet and not exceeding three acres, twenty-five dollars; on each lot or plot of land containing more than three acres, forty dollars; and shall file the same with such maps as the commissioners deem necessary in the office of the clerk of the court by which they were appointed; said reports shall be certified by the signatures of at least two of the said commissioners, and upon the coming-in and filing of any such report, signed by the said commissioners or any two of them, the said court shall make an order directing the owner or owners and lienor or lienors of each lot or parcel of land affected by said report to show cause why said report should not be confirmed and the lands sold in fee simple, absolute, free and clear from any estate in or lien upon the same, to raise and pay the amounts charged and assessed with the said disbursements; that certified copies of such order to show cause shall be served personally or by residence service upon some member of defendant's family above the age of fourteen years within thirty days from its date, upon each person named therein resident in this state, and if any person named in said order is, upon careful inquiry, found to be not resident in this state, that within the same time a notice of the making of the said order, stating its date, purpose, time and place returnable, a description of the lands affected thereby, the amount of taxes, assessments and water rates due thereon, with disbursements as aforesaid, and directed to each person named in such order not a resident, shall be published in a newspaper published or circulating in the town, township, borough or other municipality in which the lands are situated for six weeks consecutively, once a week, and within the same time mailed to the last known post-office address of such nonresident; that on the return day of said order there shall be presented to the said court proofs of the service of the said order, or of the publication of such notice and of the manner in which inquiry has been made for the post-office addresses of nonresidents, and of the time and manner of mailing such notice; that if the court shall not be satisfied by the proofs that due inquiry has been made for such post-office addresses, the hearing may be continued to a later day and further order made for service of the notice as the court may think proper; that if it shall appear by the petition or by proofs on the return day that any of the persons named in the order to show cause is under disability through minority or otherwise, the court shall appoint a guardian ad litem for such person; provided, proof shall be made that at least thirty days' notice of the application for the appointment of a guardian ad litem shall have been served upon the general guardian, if any, within this state, of such person under disability, or upon his father, if living in this state, or if not, upon his mother, if living in this state; that all persons claiming any interest in or lien upon said lands under any instrument which by law could be made a public record in any public office in this state, and which shall not be so made a matter of public record at the date of the filing of the petition above provided for, shall be bound by the proceedings taken under this act in the same manner as if such persons had been made parties to the proceedings; that where any person has been party to proceedings under this act, who by the public records appears to be the owner of some estate in or lien upon said lands, and inquiry made on behalf of the town, township, borough or other municipality does not disclose whether such person is alive or dead, such person shall be conclusively presumed to be alive, and a notice published as required by this act and mailed to the address, if given by the instrument of record, shall be conclusive against and bind not only such person if living, but any person claiming through or under him if he be dead; provided, that proof of the making of such inquiry on behalf of the town, township, borough or other municipality shall be presented to the circuit court on the return day of the order to show cause; that where the lands shall be held in trust by a trustee or trustees, service of the notice prescribed hereby upon such trustee or trustees shall be conclusive on and bind all persons in any manner interested in said lands either in law or in equity; and upon the day fixed by the said order or upon any day to which the matter may be adjourned, the court, after hearing any matter that may be alleged against the same, shall, by rule or order, either confirm the said report or refer it back to the said commissioners to reconsider the subject matter thereof, and the said commissioners shall, upon some day to which the matter shall be adjourned, which adjournments from time to time the court may make, shall return the same to be corrected and revised, or a new report to 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 by the said court in the manner aforesaid, as right and justice may require, and so from time to time, until a report shall be made or returned in the premises which the said court shall confirm; any commissioner who shall refuse to sign such report shall file with the same a statement of his reasons for so refusing for the information of the court; said report upon being so confirmed shall be final and conclusive upon the said town, township, borough or other municipality, and upon all persons owning or having any interest in or lien upon the said lands and against all persons whomsoever, and the amount so fixed, determined, certified and confirmed, including the disbursements aforesaid in each case shall thereupon become and be a valid and binding tax, assessment and lien on the lands so designated, in lieu and instead of all outstanding claims of the said town, township, borough or other municipality for arrearages of taxes, assessments or water rates levied or confirmed, or attempted to be levied or confirmed, prior to the making of the said report, and shall be a valid lien on said lands, having priority over all other liens, claims or demands whatsoever, except taxes, assessments or water rates levied after the making of the said report; and the proceeds thereof, when collected, shall be applied to the payment of the expenses of carrying out the provisions of this act, and any indebtedness to which the original tax, assessment or water rate was specifically pledged, and to the payment of other debts of the said town, township or other municipality, if any; but no application to any other use shall be made while any matured bonds of the town, township, borough or other municipality remain unpaid; it shall be competent for the said commissioners to include in any one report their several determinations respecting as many lots or tracts of land as may seem to them convenient, and it shall be their duty to indicate in their report how much of the new lien imposed by them on each lot or tract of land was made on account of taxes, assessments and water rates, respectively, to the end that the money to be derived from the sale of the lands, as hereinafter provided, may be applied in due proportion to the purchase or payment of any bonds or obligations that may have been issued on account of taxes, assessments and water rates, respectively, or for the payment of which the same may have been pledged; it shall be the duty of the corporation attorney or counsel for said town, township, borough or other municipality, to assist the said commission by advice, preparation of reports and otherwise in the discharge of their duties, when requested; and the said commissioners shall have power to appoint a surveyor or engineer, a clerk and such other assistants, when in the judgment of the commissioners their services may be deemed to be necessary, fix their compensation, and remove such appointees whenever said commissioners shall deem it advisable, which appointments and compensation shall be subject to the approval of the judge of the circuit court of the county appointing the commissioners, and in all cases bills for expenses and other necessary disbursements incurred by them in the discharge of their duties under this act, including search and surveyors' fees, shall be presented to said commissioners for approval before payment is made by the municipality.