Preamble.

Adherence to
Resolutions.

Senators in

WHEREAS, since the last adjournment of Congress, the question has been distinctly put to the people of New-Jersey, upon the prominent measures of the present administration of the General Government, and more especially those relative to the Bank of the United States, and their opinions approving those measures, have been emphatically expressed through the ballot boxes:-Therefore,

1. BE IT RESOLVED by the Council and General Assembly of the State of New-Jersey, That they concur in, and adhere to, the Resolutions of the Council and General Assembly of this State, passed on the eleventh day of January and twentyfirst day of February, last, relative to the removal of the Deposites, and re-charter of the United States Bank, which Resolutions, they believe, truly express the opinions, and accord with the wishes of a majority of the people of this state.

2. Resolved, That our Senators from this state, be instructed to vote. structed to vote for expunging from the Journal of the Senate of the United States, the resolution passed at their last session; declaring, "That the President in the late Executive proceedings, in relation to the public revenue, had assumed upon himself authority and power not conferred by the constitution and laws, but in derogation of both.”

Copies to be for warded.

3. Resolved, That the Governor of this state, be requested to forward a copy of the above Resolutions, to each of our Senators and members in the House of Representatives, at the opening of the next session of Congress.

Passed November 11, 1834.

OF THE

FIFTY-NINTH

GENERAL ASSEMBLY

OF THE

State of New-Jersey,

AT A SESSION BEGUN AT TRENTON, ON THE TWENTY-EIGHTH DAY OF OCTOBER, ONE THOUSAND EIGHT HUNDRED AND THIRTY-FOUR,

BEING THE SECOND SITTING,

TRENTON:

RINTED BY JOSEPH JUSTICE.

ACTS

OF THE

FIFTY-NINTH

GENERAL ASSEMBLY

OF THE

STATE OF NEW-JERSEY.

AN ACT authorizing the sale of the Real Estate, whereof
James H. Porter died seized.

WHEREAS, James H. Porter, late of the township of Law-
rence, in the county of Hunterdon, and state of New-Jer-
sey, on the tenth day of November, in the year of our
Lord, one thousand eight hundred and thirty-four, depart- Preamble.
ed this life, intestate and without issue; AND WHEREAS,
at the time of his death, the said James H. Porter was
seized, in fee simple, of a small lot of land, situate in the
said township of Lawrence, and was engaged in erecting
thereon an edifice, intended as a public school; by reason
whereof, he had contracted debts, to a considerable
amount, to mechanics and others, in the purchase of the
said land, and for work and materials done and furnished,
in and upon the construction of said building: AND WHERE-
AS, it is represented to the Legislature, that the personas
and real estate of the said James H. Porter, deceased, il
insufficient to pay his debts, and that great loss must neces-
sarily result to his creditors, unless a speedy sale of the
said real estate be made; the said building, by reason of
the sudden death of the said James H. Porter, having
been left in an unfinished and exposed state, and liable to
great deterioration: AND WHEREAS, the widow and credi-
tors of the said James H. Porter, have, by their petition to
the Legislature, prayed that the administrator of the said
James H. Porter, may be authorized to make immediate
sale of the said real estate, and to appropriate the pro-

.

Administrator

authorized to

ceeds thereof, toward the payment of the debts of the said James H. Porter, as if the said real estate were sold by order of the Orphans' Court, for the payment of debts; and the prayer of the said petition, appearing to be reasonable and proper; Therefore,

Sec. I. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That Lewis W. R. Phillips, administrator of the said James H. Porter, deceased, be, and he is hereby authosell real estate. rized and empowered to sell and dispose of, all and singular, the real estate whereof the said James H. Porter died seized, situate in the township of Lawrence aforesaid, at public vendue, for the best price that can be obtained for the same, upon giving public notice, for the space of one month next preceding the time of said sale, by advertisements, inserted in at least two of the newspapers published in this state, and in one of the newspapers, published in each of the cities of New-York and Philadelphia; and when sold, to make, execute and deliver, in the name of the said Lewis W. R. Phillips. administrator as aforesaid, good, legal and sufficient deed or deeds therefor, to any purchaser or purchasers of the same, which said deed or deeds, shall convey to, and vest in the purchaser or purchasers of the said real estate, the right, title and interest of the said James H. Porter therein, at the time of his death.

Accounts to be exhibited to Orphans' Court.

How Proceeds of sale to be applied.

Sec. 2. And be it enacted, That the said Lewis W. R. Phillips, shall keep a fair, full, and just account of the proceeds of the sale or sales, made by virtue of this act; and of the costs and expenses thereof; and shall exhibit said account, under oath or affirmation, to the Orphans' Court of the county of Hunterdon, within six months after such sale or sales, for settlement and allowance; which account, shall be filed in the Surrogate's office of the said county; and the said Lewis W. R. Phillips, after deducting from the proceeds of such sale or sales, all legal costs and expenses, and such reasonable commissions, as shall' be allowed by the court, shall distribute the balance thereof, according to law, among the creditors of the said James H. Porter, ratably, and in proportion to the amount of their respective claims; first satisfying all legal incumbrances upon the said real estate in the order of their priority.

Sec. 3. And be it enacted, That the said Lewis W. R. Phillips, before entering upon the execution of the trust reposed in him by this act, shall enter into bond, to the Governor of this state, in such sum, and with such security, as the Surrogate of the said county of Hunterdon shall approve, conditioned for the faithful performance of the said trust, which bond shall be filed in the office of the said Surrogate; and in case the said bond shall become forfeited, it shall and