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iron work or stone work belonging to said bridge, or otherwise wilfully damage or do any act which may have a tendency to injure said bridge and draw unnecessarily, he, she, or they so offending shall, for each and every offence, forfeit and pay the sum of twenty dollars, over and above the damage done to said bridge or draw, to be recovered in an action of debt, before any court having competent jurisdiction, with costs of suit, by any person who shall sue for the same, one half of said sum to be for the use of the prosecutor, and the other half to be paid into the hands of the county collector, to and for the use of the county of Cumberland.
Sec. 3. And be it enacted, That it shall not be lawful for any Penalty for person or persons to drive any wagon or cart, sled, or sleigh, driving faster or any other kind of carriage or vehicle, or ride, lead, or drive than a walk. any horse, horses, mule or mules, or any description of cattle,
over or upon said bridge at a faster gait than a walk; and any person or persons driving any wagon or cart, sled or sleigh, or any other kind of carriage or vehicle, whether of burden or pleasure, over said bridge, shall keep to the right, while driving or going over said bridge ; and every person so offending against the provisions of this act shall forfeit and pay five dollars, to be recovered by action of debt, with costs of suit, in any court of competent jurisdiction, by any person who shall sue for the same, one moiety for the use of the prosecutor, and
the other to the county collector, for the use of the county of Proviso.
Cumberland: Provided always, that this act shall not be construed so as to prevent any physician, midwife, or person or persons going for such physician or midwife, or returning from said errand, any person or persons riding express by order of
any public officer of this state or of the United States, or purProviso.
suing a fugitive from justice, runaway servant or apprentice, from driving or riding over said bridge at a faster gait than a walk : Provided also, that the board of chosen freeholders of said county shall cause to be fixed, and always kept up, at each end of the bridge, in some conspicuous place, in plain letters, “ Five dollars fine for travelling over this bridge at a faster gait than a walk;" and on neglect of such notice, the aforesaid fine shall not be incurred.
SEC. 4. And be it enacted, That in case it should become
necessary for the protection of said bridge and draws, and the Person to take care of
of accommodation of persons passing over or through said bridge, bridge.
to have the same put in the special care of some person suitable for that purpose, then and in that case it shall and may be lawful for the board.of chosen freeholders of said county for the time being, to make such regulations as they shall deem necessary, for the better protection and accommodation of the same: Provided they shall be in accordance with the preceding sections of this act.
Passed January 26, 1833,
AN ACT to divorce William Starkweather from his wife Eliza Stark
Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the w. Starksame, That William Starkweather be, and he is hereby di- weather and vorced from his wife Eliza Starkweather, and that the mar- E. Starkwea.
ther divorced. riage contract heretofore existing between them, the said Wil" liam Starkweather and Eliza his wife, be, and the same is hereby as fully and absolutely dissolved as if they had never been joined in matrimony.
Passed January 26, 1833.
A Supplement to an act entitled, “An act to incorporate a company to
create a waterpower at the city of Trenton and its vicinity, and for other purposes,” passed February sixteenth, eighteen hundred and thirty-one.
Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That any person, copartnership, or body politic, failing, Stock forfeita for the space of thirty days after a demand thereaf, in writing, ed on failure to pay any installment, or part thereof, of the capital stock of to pay installthe said company, which may hereafter become due and ow. ments. ing to said company, shall forfeit to the said company, at their discretion, every share upon which there shall be a deficiency, and all moneys thereon previously paid; which shares of stock, so forfeited, shall and may be sold, by the president and managers for the time being, for such price as can be had for the same; and the purchaser or purchasers thereof shall be considered as members of the company, as fully as if they had been original stockholders.
Passed January 26, 1833.
AN ACT to authorize commissioners, therein named, to divide the real
estate of Rachel Carson, deceased, among her children and heirs at law.
WHEREAS Robert Carson, deceased, in and by his last will and Preamble.
testament, executed in due form of law to pass real and per
sonal estate, dated the twelfth day of April, one thousand eight hundred and thirty-two, did, among other things, order, devise, and direct all his real estate, consisting of a tract of land, situate in the township of East Windsor, in the county of Middlesex, containing about two hundred acres, to be equally divided among the four children of his daughter Rachel, wife of Doctor Ezekiel Wilson, and the six children of his deceased son, Anthony Carson, and his son Disbrow Carson, that is, Rachel's children to have one-third, Anthony's children another third, and Disbrow Carson the remaining third, to be disposed of as in said will is directed; and did thereby further order and direct the said Disbrow Carson, his executor therein named, and who has taken upon himself the burden of the execution of the duties of executor, to appoint three good, judicious, and disinterested freeholders to appraise, value, and divide his estate, both real and personal, in three equal parts, under the provisions of said will. -AND WHEREAS it appears that John T. McDowell, Allison Ely, junior, and John B. Mount, of the said county of Middlesex, have been duly appointed to perform the duties under said will-AND WHEREAS it appears that two several parcels of the farm held by the said Robert Carson, deceased, at the time of his death, belonged to Rachel Carson, his wife, in fee-simple, who died some time before him, together with the undivided third part of another tract, of about one hundred and fifty acres, situate in the said county of Middlesex; and that the said Robert Carson was only tenant by the curtesy thereof;—AND WHEREAS it further appears, that, at the time of the death of the said Rachel Carson, the said Rachel Wilson and Anthony Carson, then living, and Disbrow Carson were her children and heirs at law.--AND WHEREAS it further appears, that the same persons who take under the will of the said Robert Carson, deceased, are the same who inherit from Rachel Carson, deceased, his late wife, and in the same proportions, yet, owing to the peculiar location of the tracts of land thus devised and inherited, a division cannot be made without great prejudice to the interests of the parties, without legislative aid ;-AND WHEREAS it further appearing that Disbrow Carson, Doctor Ezekiel Wilson, and Rachel, his wife, and Margaret Carson, widow of Anthony Carson, deceased, and guardian of the surviving children of the said Anthony Carson, deceased, who are all minors, have petitioned for legislative aid in the premises, and'it appearing to be just and reasonable—Therefore,
Sec. 1. BE IT ENACTED by the Council and General AssemCommission. bly of this State, and it is hereby enacted by the authority of the ers to divide same, That the said John T. McDowell, Allison Ely, junior,
Kan and John B. Mount be, and they are hereby authorized and chel Carson, deceased. empowered to estimate, appraise, value, and divide the real
estate of Ra.
estate whereof the said Rachel Carson died seized, in the same
To report to sioners shall, at the next orphans' court of the county of Mid- the orth dlesex after the execution of the duties hereby required of them, court of Midmake their report in writing, showing the manner in which dlesox. they have made their estimation, valuation, and division, and, upon the approval thereof by the said orphans' court, the same shall be filed and recorded upon the minutes of the said court, and shall be binding and conclusive upon the said Disbrow Carson, Doctor Ezekiel Wilson, and Rachel his wife, and their children, and upon the said Margaret Carson and the surviving children of the said Anthony Carson, deceased, as to their respective titles, interests, and estate in the real and personal estate of the said Robert Carson, deceased, devised and be. queathed in the said will, and of the real estate whereof the said Rachel Carson died seized as aforesaid.
Passed January 28, 1833.
AN ACT to appoint a trustee for certain purposes therein named.
WHEREAS it appears that Benjamin Allegar, late of the town
ship of Readington, in the county of Hunterdon, deceased, Preamble. died intestate, leaving certain real estate, situate in the town. ship and county aforesaid, which descended to his children, as heirs at law, to wit, Benjamin, Thomas, James, David, George, Cicely, Catharine, and Nancy, and two grandchildren, the children of his daughter Elizabeth, deceased.--AND WHEREAS it appears that his daughter Catharine did, some eight or ten years since, intermarry with one Elias Wilson, by whom she had two children, who are now living; and that the said Elias Wilson, five or six years since, left the state of New Jersey, and has not since returned, during which time his said wife and children have been dependent upon the charities of friends for their support.—AND WHEREas it further appears, that commissioners for the sale of the real estate of said intestate have been appointed by the or
phans' court of the county of Hunterdon aforesaid—Therefore,
Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the
same, That so much of the proceeds of the sale of the estate Proceeds of
of lands of the said intestate, as may be due and payable to the said vested in a Catharine Wilson, as one of the heirs at law of the said intes. trustee, for tate, or to the said Elias Wilson, her husband, in right of his the use of Catharine
said wife Catharine, shall be vested in John Thompson, as Wilson
trustee for the said Catharine and her two children, who shall pay to the said Catharine, from time to time, the interest of the same, and so much of the principal as he may deem expedient for the support of the said Catharine and her two children, and, at the death of the said Catharine, to pay over the balance of said fund to her said two children, or the survivor of them.
SEC. 2. And be it enacted, That after the share of the said Trustee to ac- Catharine, or of her said husband, in her right, in the proceeds count to or of the sale as aforesaid, shall have been ascertained, the said phans' court
trustee shall account to the orphans' court of the county of of Hunterdon.
Hunterdon, at the term next succeeding, for the same; and, after a fair and just allowance of all costs, charges, and expenses, made and allowed by said court, shall invest the ba- lance of the same at interest, upon good and sufficient security.
Sec. 3. And be it enacted, That the said trustee shall, before
he enters on the duties prescribed by this act, enter into bond To give bond.
to the governor of this state, with one sufficient security, to be approved by the surrogate of the county of Hunterdon, con'ditioned for the faithful performance of said trust.
Passed January 28, 1833.
AN ACT to authorize the sale of part of the real estate, late of Josiah
WHEREAS it appears, that Josiah Schenk, late of the county of
Somerset, deceased, died intestate, leaving certain real estate, situate in the county aforesaid, which descended to his nine children, his heirs at law, as tenants in common;—that Elizabeth Staats, wife of Henry Staats, and one of the heirs at law of said deceased, departed this life after the death of said deceased, leaving the said Henry, her husband, and seven children, three of whom are minors, her surviving, to whom her undivided share in the real estate of said Josiah Schenk descended, subject to a life-estate in her said hus