May sell. May al time to time. and a short description of the land and real estate so assessed, as aforesaid, and the time and place appointed for said sale; at the time of said sale the several parcels of said land and real estate shall be openly sold to the person or persons who will take the same for the shortest period of time, not exceeding fifty years from the day of sale, and will pay to the said township committee, before the close of the sale, the full amount due upon said unpaid assessment, with interest thereon from the time the same became payable, at the rate of seven per centum per annum, and also such sum as the said township committee shall determine to be a fair proportion of the expenses of advertising and conducting the sale; in the event of any purchaser neglecting to make such payment as aforesaid, he shall forfeit all claim to said. land and real estate, and the same shall be resold by the said township committee, at their convenience, upon such advertisement as aforesaid; the said township committee Journ from may adjourn the sale from time to time, by making public proclamation thereof at the time of such adjournment; as soon as practicable, after the close of the sale, the said township committee shall make and deliver to any purchaser or purchasers at such sale, who shall have made such payment, as aforesaid, a certificate of sale, under their hands and seals, and duly acknowledged according to law, setting forth, as concisely as may be, the facts of said assessment, advertisement and sale, together with a description of the lands and real estate so sold, the amount actually paid therefor by said purchaser, and the length of time for which he shall have so purchased the same; said certificate shall, before its delivery, be recorded in one of the books to be kept by the Certificate said township committee for such purpose; said certificate be assigned may be assigned, by deed of assignment, under seal duly acknowledged, as aforesaid; and such assignment may be recorded in the book of said township committee upon payMust be re- ment of a fee of one dollar therefor; if at the end of three three years. years from the day of sale, said land and real estate shall not have been redeemed by said owner or owners, his, her, or their legal representatives, or any mortgagee or mort gagees thereof, or any judgment, creditor or creditors, or any other person or persons having a legal or equitable interest therein, by the payment to the said township committee for the benefit of said purchaser, his heirs or assigns, of the amount originally paid by said purchaser, and any other of sale may deemed in to be re tax or assessment which he may have paid, and of which he may have given written notice to said township committee, together with interest on such payment, at the rate of fifteen per centum per annum; the said township committee shall, upon the surrender of said certificate, execute and deliver to said purchaser, his legal representatives or assigns, a declaration of sale, under their hands and seals, and duly acknowledged, as aforesaid, briefly stating the facts of said assessment, advertisement and sale, together with a description of said land and real estate, and a statement of the time for which the same had been so sold; said declaration of Declaration sale shall be recorded in the office of the town clerk of said corded. township, and also in the records of deeds, in the office of the register of said county, upon the payment of a fee of one dollar in each case; until the recording of such declaration the time for redeeming said land and real estate, as aforesaid, shall remain open, notwithstanding the said term of three years may have expired; such declaration shall be presumptive evidence in all courts and elsewhere, that such sale and proceedings were regularly made and had, according to the provisions of this act, and such purchaser or purchasers, and his, her, or their legal representatives shall, by virtue thereof, lawfully hold and enjoy such lands and real estate, with the rents, issues and profits thereof, for his, her, or their own proper use, against the owner or owners thereof, and all persons claiming under him, her or them, until the term shall be completed and ended for which the purchaser or purchasers shall have agreed to take the same, as aforesaid, and no longer; the said purchaser or Purchaser purchasers, or any person or persons occupying under him, liable for her, or them, being liable for any injury or waste done or committed in the same manner as a tenant for a term of years; no mortgagee or assignee of any mortgage which shall have been recorded or registered before any such sale, shall be divested of his rights in and to said land and real estate, unless six months' notice of such sale shall be given to him, in writing, by such purchaser, or any person or persons claiming under him, which notice shall be served personally, if said mortgagee or assignee be a resident of the said county, and if not, shall be addressed to his place of residence, as stated in said mortgage or assignment thereof; if any such land and real estate shall be so redeemed by any judgment creditor or mortgagee,' he shall have a waste. Proviso. lien on said land and real estate for the amount actually paid by him, as aforesaid, with legal interest thereon, to be collected and recovered in the same manner and at the same time as if included in the mortgage or judgment; and no assessment or sale shall be set aside or declared invalid because of any error in the name of any land owner, or because of the omission to name him or her, when unknown to the said township committee, or because of any slight error or inaccuracy in the description of said land and real estate in any of the proceedings; provided, the same be so described as to be easily identified. Repealer. 8. And be it enacted, That the eighth section of the act to which this is a supplement, and all parts of said act and of the supplements thereto inconsistent with this act be and the same are hereby repealed. 9. And be it enacted, That this act shall be deemed to be a public act, and shall take effect immediately. Approved March 21, 1874. Amendment. Proviso. CHAPTER CCCLX. An act to amend an act entitled "An act to incorporate the City of Passaic," approved April second, one thousand eight hundred and seventy-three. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That section three of the said act be amended so that it will read as follows: "That an election shall be held in said city on the second Monday of April in each year, between the hours of eight o'clock in the forenoon, and seven o'clock in the afternoon, at such places as the city council shall appoint, of which elections at least seven days' previous notice shall be given by the city council, by publication in two newspapers printed and published or circulating in said city, and by a notice put up in a conspicuous place in each of said wards; provided, that the first election held after the passage of this act shall be held, notice thereof given, and the returns thereof be made and the result ascertained and declared, in the same manner and under the same regulations as provided for by the present charter of "The Village of Passaic," and that the officers of said first election shall be the persons elected under the provisions of said present charter of said village; and at the first election, and at the elections once in every two years thereafter, there shall be elected in and for the said city one mayor, who shall hold his office for the term of two years; and in each year there shall be elected in and for the said city one overseer of the poor, one clerk of elections two surveyors of the highways, three commissioners of appeal in cases of taxation, and one collector, all of whom shall hold their offices respectively for the term of one year, and as many justices of the peace as are provided for by law; and by the legal voters of each of said wards respectively, there shall be elected in each year three councilmen, one judge of elections, one constable for the county, one assessor and three trustees of public schools, who shall hold their offices respectively for the term of one year, and one chosen freeholder, who shall hold his office for the term provided for by law for chosen freeholders of the county of Pas. saic; provided, that until the expiration of the term of office of the present chosen freeholder of "The Village of Passaic" no chosen freeholder shall be elected from the ward in which he resides, and if vacancies happen the persons elected to supply such vacancies shall be elected for the unexpired term only; said elections shall be by ballot, and each ballot shall specify the number of the ward by endorsement on the back thereof, from which said councilman, judge of elections, chosen freeholder, constable, assessor and trustees of public schools are voted for, and in case any ballot shall fail so to designate the number of the ward, the names in relation to which such omission shall occur shall not be counted by the judges of election in determining the result; the city clerk shall provide the judges of said elections, with three ballot boxes, one for each ward, in which they shall deposit the ballots of the voters from the corresponding wards, and the said clerk shall be subject to the same penalties as township clerks are subject to for neglecting to procure such boxes and keep the same in repair; and the said elections shall be held and conducted in the same manner and under the same regulations as to qualification of voters and otherwise as provided by law for the election of Amendment. Amendment. Amendment, Amendment. Amendment. Amendment. members of the legislature; and the said judges and clerk of elections may hold any such election, notwithstanding they or either of them may be candidates for re-election. 2. And be it enacted, That section four of said act be amended so that it will read as follows: That the judges of election and clerk of elections shall constitute a board of election, and in case of absence, disqualification or inability of any of them, the vacancy shall be supplied in the manner prescribed by the law of this state in such cases; the name of each voter at such election shall be written in a poll book by the clerk of elections, and after the poll shall be closed, the said judge of election shall immediately count the votes given for the several candidates, and certify the result under their hands, and deliver such certificate to the city clerk, who shall file and preserve the same in his office, and shall also, within five days thereafter, file a true copy of such certificate in the office of the clerk of the county of Passaic; the person receiving the greatest number of votes given for any office in said city, shall be deemed to be elected to that office; and the city clerk shall, within five days after such election, give written notice of his election to each of the persons elected. 3. And be it enacted, That section nine of said act be amended by striking out the words "who shall be clerk of election." 4. And be it enacted, That section thirteen of said act be amended by inserting after "judges of election" near the end of the section, the words "and clerk of elections," and by striking out the words "and the clerk aforesaid shall be the clerk of such elections.". 5. And be it enacted, That section fourteen of said act be amended by striking out the words "entitled to the same compensation." 6. And be it enacted, That section seventeen of said act be amended so that it will read as follows: That the councilmen of said city, duly elected, shall constitute and be called "The City Council of the City of Passaic." 7. And be it enacted, That section eighteen of said act be amended so that it will read as follows: That the city council shall annually elect a president from its own body, and, in his absence, a president pro tempore; appoint its times and places of meeting, and make and |