Page images
PDF
EPUB

always and at all times be open to the inspection of the stockholders of said company.

SEC. 9. And be it enacted, That no dividend shall be made among the stockholders, except out of the profits of the business of the said company, and that the said company shall not Not to engage employ any of their funds in any banking or insurance operain banking. tions, and that this act shall be and continue in force for the Limitation of term of fifty years from the passing thereof, and from thence until the next session of the legislature, and no longer. Passed February 12, 1833.

charter.

ed plaintiff may be inserted as com

A Supplement to the act entitled, "An act to prevent in certain cases, the abatement of suits and reversal of judgments."

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 in every suit or action, in the court of chancery, in which any bill has been, or shall be filed, and the subpoena returned, served, and in which there was, is, or shall be, but one plaintiff, or one defendant, and the said plaintiff hath died, or shall die, the lawful representative or representatives of Representa- such deceased plaintiff, or any other person or persons intertive of deceas- ested, by the death of such plaintiff, shall and may, upon affidavit thereof by him, her or them, or any other person or persons, and on motion made in court, be, by rule or order of the court, inserted as a complainant or complainants, in the said suit, and be permitted to make such amendment in the bill or bills of complaint, as his, her, or their title or interest therein may require; and upon such terms as the court may direct; to which amendment or amendments the defendant or defendants shall be compellable, by rule or order of the said court, to answer, proceed to issue, and examination of witnesses, and productions of proofs, and all other proceedings shall be had thereon, as in ordinary cases.

plainant in a suit in chan

cery.

SEC. 2. And be it enacted, That if in any such suit, in which there was, is or shall be, but one defendant, and the said defendant has, or shall happen to die, and the plaintiff or plainPlaintiff may tiff's choose to make the representative or representatives of sentative of the deceased party, or others who have, or may become indeceased de- terested by the death of such decedent parties to such suit, no fendant, party bill of revivor or subpoena ad revivendum shall be necessary;

to suit.

but the court shall and may, by rule or order, as often as there shall be occasion for it, direct the suit to stand revived; which rule or order shall be served as the court may direct; and

unless the representative or representatives of such deceased party, or others, who may become interested by the death of such party, shall, within such time after service, as aforesaid, as the court shall limit and appoint, appear and put in their answer, or signify their disclaimer of the suit, and the matters in controversy therein, the plaintiff or plaintiffs may cause his or their appearance to be entered, and in such case the answer of the deceased party, if any there be, shall be deemed and taken as, and for the answer of such representative or representatives, or other person or persons interested by the death. of such party; and such further proceedings may and shall be had in the said suit, as are according to equity, and the rules and practice of the said court.

ceased, not

representa

SEC. 3. And be it enacted, That in case of the death of any sole plaintiff, if his lawful representative or representatives, or Representasuch other person or persons as shall become interested by his tive of sole death shall not, within such time as the court may limit and plaintiff deappoint for that purpose, cause himself, herself, or themselves making himto be entered as complainant or complainants in the said suit, self party, or in the room of such deceased plaintiff'; or in case of the death plaintiff failof any sole defendant, if the plaintiff or plaintiffs shall not ing to make make the representative or representatives of the deceased de- tive of sole fendant, or others who may have become interested by the defendant death of such decedent party or parties to such suit, and cause party, suit at the said suit to stand revived, within such time as the court shall limit and appoint for that purpose; that then, and in every such case, the said suit shall be considered as at an end, and shall not be revived in the manner provided for by this act. SEC. 4. And be it enacted, That hereafter the rule or order Rule to be required by the fifth section of the act, to which this is a supplement, to be served on the clerk, shall be served on such person or persons as the court may direct.

an end.

served as the court may direct.

SEC. 5. Provided always, That nothing in this act contained shall prevent the reviving of any such suit, as before mention- Right of reed, by bill of revivor, when the plaintiff or his representative viving suit by or representatives, or others, who may become interested by the death of such plaintiff, may prefer that course of practice; or when the court may deem it expedient to direct that course of practice to be pursued.

M

bill of revivor, not affected.

Governor to

appoint a person to compile public laws and acts

of incorpora

tion.

AN ACT making provision for a compilation of the public laws of this

state.

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 the governor of this state be, and he is hereby authorized, to employ some fit and proper person or persons to compile and prepare for the press, all such legislative acts, and parts of acts, as are general, and of a permanent nature, and affect the public at large, and which have been passed since the last revision of the public laws of this state, and are in force, or shall be enacted at the present session of the legislature, or in time to be included within the compilation; and all acts of incorporation which are declared to be public acts, and which have been passed within the same period of time, and are now in force; with authority to correct all errors in the orthography of the said laws, or in the punctuation thereof. SEC. 2. And be it enacted, That the acts be printed in chroActs printed nological order, with marginal notes of the contents of each in chronolog- law, opposite the sections thereof, and particular references to with margi- all the other acts on the same subject, or relating thereto, in the new edition, or in any former compilation or edition of the laws.

ical order,

nal notes.

Manner of

SEC. 3. And be it enacted, That the work be published in octavo form in one volume, and on paper, and with types as publication. good as those of the last revision of the laws of this state, and with a copious alphabetical index of all the matters contained in this new compilation, and in the last revision of the public laws of this state.

Compiler to SEC. 4. And be it enacted, That the compiler have free have access to access to, and be permitted to examine any of the public republic records, papers, and books of this state, for the purposes aforecords. said, without fee or reward, and that the legislature give a sanction and authority to this new edition of the laws, as published under their authority.

SEC. 5. And be it enacted, That the governor be, and hereby is authorized, to agree with the said compiler, or with any other person or persons, for the printing and binding of the Compensa said compilation, on such reasonable terms of compensation

tion.

as to the governor may seem proper, for the execution of the said work, and to subscribe on the part of this state, for such number of copies, and at such price as may be agreed upon, not exceeding two hundred and fifty copies, and if preferred by the person or persons undertaking the same, to leave the further compensation, if any, to be made for the labor of compiling the said laws, to the discretion of the legislature, when the same shall be finished.

Passed February 12, 1833.

A Supplement to the act, entitled, " An act concerning idiots and lunatics," passed the twenty-eighth of February, eighteen hundred and twenty.

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 when in cases of idiocy or lunacy found, the chancellor shall order to be transmitted to the orphans' court, a certified copy of all proceedings which may be had thereon, and the same shall be recorded and filed in the surrogate's office of the county where such idiot or lunatic may reside, in the manner directed by the first section of the act, to which this is a supplement, and if it shall so happen that the orphans' court of said county shall not be then sitting, it shall and may be lawful for any one of the judges of the said orphans' court, Orphans' forthwith to call an orphans' court, to be holden at the usual court to be place of holding said court, and the said orphans court so con- called to apvened, shall and may proceed to appoint such person or per- point guardisons as guardian or guardians of the said idiot or lunatic, tics and idiots with such power and under such regulations and restrictions as are mentioned and contained in the act, to which this is a supplement.

Passed February 12, 1833.

ans for luna

AN ACT for the enclosure of a certain tract of woodland, at Pascack, in the county of Bergen.

Boundaries of

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 it shall and may be lawful for the owners and possessors of all that tract of woodland, situated at Pascack, in the township of Harrington, in the county of Bergen, bounded, beginning on the northeasternmost corner of said tract, at the public road leading from Saddle river to Pascack, and northwest corner of Frederick F. Wortendyke's cleared land, running from thence south, nineteen degrees east, seyen chains; thence south, six degrees west, five chains and ninety links; thence woodland at south, twenty-five and a half degrees east, one chain and fifty- Pascack in five links; thence south, seventy-one and three quarters degrees Bergen coun east, seven chains and fifty-five links; thence south, eighteen in comand a half degrees west, two chains and fifty-eight links; mon. thence south, seventy and a half degrees east, one chain; thence south, twelve degrees west, one chain and thirty links; thence north, eighty-nine and a half degrees east, one chain

a tract of

ty, to be fenc

Swing gate to be maintain

ed.

Proviso.

and seventy links, to cleared land of Henry H. Banta; thence south, five and a quarter degrees west, seven chains and ninety links; thence north eighty-seven and a half degrees east, nine chains and forty-five links, to a hickory tree; thence south, sixteen and a quarter degrees east, one chain and ninety links, to the Pascack public road, near the house of Henry H. Banta; thence south, eleven degrees west, nine chains and fifty-nine links; thence north, eighty-four and a half degrees west, one chain and sixty-five links; thence south, seventeen degrees west, three chains and eighteen links; thence north, seventyfive degrees west, five chains and forty links; thence south, twenty-three and a quarter degrees west, twelve chains; thence north, sixty-two and a half degrees west, four chains and twenty-five links; thence south thirty-two degrees west four chains and twenty-eight links; thence north sixty-two degrees west, six chains; thence south, twenty-one and a half degrees west seven chains to the public road, leading from Wierimus to Pascack; thence north, forty-seven and a quarter degrees west, nine chains and ninety links; thence north, twenty-two and a half degrees west, three chains and eighty links; thence north, twenty-four degrees east, one chain and fifty-five links; thence north, eleven and one quarter degrees cast, eight chains and fifty-five links; thence north, sixteen and a half degrees east, ten chains to a stake; thence north, sixty-four degrees west, seventy links; thence north, eighteen and three quarter degrees east, four chains and ten links; thence north, sixteen and a half degrees cast, three chains; thence north, twentyfour degrees east, two chains and twenty-five links; thence north, sixty-six degrees west, one chain and twenty-seven links thence north, twenty-one and a half degrees east, eighteen chains and ten links, to the said first mentioned public road, thence along the same north, eighty-four degrees east, three chains, to the place of beginning, to fence the same in common, and to erect and maintain such swing gates as they may deem proper, and that from and after the enclosing the same as aforesaid, no person or persons, whatsoever, shall drive or let in any horses, cattle, sheep, or hogs, with intent to let them run at large in said tract: Provided always, that nothing in this act contained shall be construed so as to prevent any person or persons from turning his horses, cattle or sheep, on such part of the said tract as may belong to him, or her, and as may be kept enclosed by a sufficient and lawful fence, separate from the remainder of the said tract.

SEC. 2. And be it enacted, That if any person whatsoever, Penalty for shall drive or let in any horses, cattle or sheep, into the said trespassing tract, after the same shall be enclosed as aforesaid, except as on enclosure, is provided for in the preceding section of this act, or shall or injuring wilfully break down or destroy any part of the fence around the same, or any of the swing gates thereon, they shall be liable to a penalty of ten dollars, and if any person or persons shall leave open any bars or swing gates thereon, either negli

fences or

gates.

« PreviousContinue »