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bars or swing gales.

same, or any of the swing-gates thereon, he shall be liable to For leaving open a penalty of ten dollars; and if any person or persons shall leave open any bars or swing gates thereon, either negligently or wilfully, he shall be liable to the penalty of two dollars for each offence; any of which penalties may be sued for, and recovered, by the trustees hereinafter mentioned, or either of them, in any court of competent jurisdiction in this state, in an action of debt; and the proceeds thereof, after paying the costs and expenses of suing for, and recovering the same, shall be applied to making and repairing the fences and swing gates around the said tract.

Cattle, &c. run

ning at large on

Sec. 3. And be it enacted, That if any horses, cattle, or sheep, be found running at large in said tract, it shall be lawtract may be im- ful for any person so finding them, to drive them to any pubpounded. lic pound in the township of Hackensack, leaving with the keeper of such pound an affidavit, that such horses, cattle or sheep, were found running at large on said tract; and it shall be the duty of such pound keeper, to receive and keep the horses, cattle or sheep, so delivered to him, until the owner thereof shall pay to him the costs and fees of impounding the same, together with damages, if any incurred; and such pound-keeper, shall collect and receive the same, in the same, imanner, and shall be entitled to the same fees, and be subject to the same penalties, and shall, in all matters, proceed as is directed by an act entitled "An act regulating fences," passed January twenty-third, seventeen hundred and ninetynine.

Valuation of lands.

Trustees to be appointed.

Sec. 4. And be it enacted, That all the owners of any part of the said tract, shall meet on the first Tuesday of April, next, at the house of Albert N. Voorhis, at Schralenburgh, in the township of Hackensack, and on the first Tuesday of April, in each year thereafter, at such place as a majority of them shall direct, and shall proceed, at their first meeting, to value their respective lands, either separately or collectively; and in case they cannot agree among themselves, as to the valuation thereof, they, or a majority of them, shall proceed to choose three disinterested freeholders, residents of the county of Bergen, who shall assess the value thereof, and whose judgment or award shall be binding and conclusive; and the owners of the said lands, or a majority of them, shall choose from among themselves, three persons, to be trustees of said lands, and shall hold their office for the term of one year, or until others shall be appointed in like manner, in each year, at such place as a majority of them shall direct.

Sec. 5. And be it enacted, That the trustees elected as aforesaid, shall designate the line of the fence, to be erected round the said tract, and shall assign, by marks and measurement, to each of the owners of the said tract, a part of the said fence to make and maintain, in proportion to the number

be made.

of acres owned by him or her therein; and if, after such assignment, and notice thereof, any of the said owners shall neglect to make and maintain the fence so assigned him or her, Assignment of the said tustees shall make or repair the same, and shall be parts of fence to entitled to sue for and recover the expenses, from the person or persons so refusing, and their legal representatives, in any court of competent jurisdiction in this state; and it shall be the duty of such trustees, to cause a lawful fence, at all times to be kept up and maintained, around the above said tract.

Partition fences

Sec. 6. And be it enacted, That when any person who now owns any part of the said tract of woodland, shall own lands adjoing thereto, which are now enclosed by a fence, how to be mainsuch person or persons shall keep up and maintain, his or her tained. proportion of a good and lawful fence between such lands and the above mentioned tract, at his or her sole and separate expense; and if any other person may or shall own enclosed lands, adjoining said tract of woodland, the said trustees may compel them to maintain their share of the partition fence, between said tract and such enclosed lands, in the same manner as the said trustees might, by law, if they were the lawful owners of the whole of the said tract of woodland, and shall in all things be entitled to the same remedies, and may proceed in the same manner against them, as if they were the lawful owners of the whole of the aforesaid tract of woodland.

Sec. 7. And be it enacted, That each trustee shall be entitled to receive seventy-five cents per day, for every day spent in the above mentioned duties, to be paid by the owners of the Pay of Trustees. said tract, in proportion to their interest therein, and shall be assessed, by the said trustees, according to the aforesaid valuation; and shall make out a duplicate list of the amount, assessed upon the property of each individual, who, upon refusing or neglecting to pay the same, after notice of the aforesaid assessment being set up in three of the most public places near the premises, for the space of thirty days, shall be liable to prosecution, before any court having competent jurisdiction of the same, in an action of debt, with costs of suit.

Passed February 23, 1835.

Preamble

Rights of lands

released to E. Taylor.

AN ACT to release to Elizabeth Taylor, the right of the
State of New-Jersey, to a Lot of Land in the Township of.
Lodi, in the county of Bergen.

WHEREAS, it is represented to the Legislature, that George
Taylor, late of the township of Lodi, in the county of
Bergen, in this state, died intestate, without leaving a
widow or any lenial or collateral heirs, capable of in
heriting the real estate whereof he died seized, consisting
of a lot of land, containing about sixteen and one-half
acres, situated in the township and county aforesaid, and
by reason of the said premises, the said lot of land may
have escheated to the state of New-Jersey; AND WHEREAS,
it is further represented, that the said George Taylor at the
time of his death, left a mother, Elizabeth Taylor, him sur-
viving, without any means of support; 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 all the right, title and interest, whereof the state of New-Jersey may have become seized, or entitled to, of and in the said lot of land, either by escheat or otherwise, be, and the same is hereby released to, and vested in, the said Elizabeth Taylor, the mother of the said George Taylor, her heirs and assigns, in fee simple; saving nevertheless, all the legal rights of any other person or persons whatsoever to the same.

Passed February 23, 1835.

A FURTHER SUPPLEMENT to an act entitled "An act to regulate the Newark Fire Department," passed the eleventh day of February, A. D. eighteen hundred and fifteen.

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 on the ninth day of March next, at seven o'clock in the evening, at David D. Chandler's Hotel, in the township of Newark, and thereafter at the several annual Engineers to be meetings, for electing a chiet engineer, as is provided for in the act to which this is a supplement, and at such place as

Two assistant

chosen.

shall be agreed upon by the previous annual meeting, a
majority of the firemen present, having first agreed upon the
number to be chosen, may proceed to elect not more than
two assistant engineers, to be designated numerically, whose
duty it shall be, at all times of fire, under the direction and
control of the chief engineer, to locate the several engines,
to determine from what source water shall be obtained, and
also, to determine and order what duties and services shall
be performed by the several hook and ladder companies, and ers.
to endeavor to have promptly executed, every order and in-
struction which shall emanate from the chief engineer; and
in the absence of the chief engineer, his powers and duties
shall devolve upon one of the assistants, in their numerical
order.

Passed February 23, 1835.

Duties and pow.

AN ACT to authorize the sale of the Real Estate of Anna
Hornblower, deceased, late wife of Josiah Hornblower.

WHEREAS, Anna Hornblower, deceased late wife of Josiah
Hornblower, died seized of, and entitled to, certain lots of
land and premises, situate in the county of Bergen, in the
state of New-Jersey, and intestate, (which said lots of land
and premises were devised to her by the last will and testa- Preamble.
ment of her father, Merselis Merselis) leaving Elizabeth,
wife of Thomas B. Gautier; Christiana, wife of Gasherie
De Witt: Jane Hornblower, William Hornblower, chil-
dren, and Anna E., wife of Edwin Webb, Caroline T.
Hornblower, and Josiah H. Hornblower, (children of her
son, Josiah Hornblower, Junior, deceased,) grand-children
of her, the said Anna, her surviving, and her heirs at law;
which said Caroline T. Hornblower, and Josiah H. Horn-
blower, are infants, under the age of twenty-one years:
the said Caroline T. being of the age of twenty years,
and the said Josiah H. of the age of eighteen years: AND
WHEREAS, the said children are the issue of the marriage
between her, the said Anna, and the said Josiah Horn-
blower, and the said Josiah Hornblower is tenant by the
curtesy of the said lots of land and premises; AND WHERE-
AS, it is represented by the said Josiah Hornblower,
Thomas B. Gautier, and Elizabeth his wife, Gasherie De
Witt and Christiana his wife, Jane Hornblower, William

Trustees appointed to sell certain lands.

Hornblower, Edwin Webb and Anna E. his wife, Caroline T. Hornblower, and Josiah H. Hornblower, the only persons interested in the said lots of land and premises, that it would be advantageous to sell the said estate, as it would at present command a high price, and that it would be of a great benefit to all the parties interested in the same; and that the interests of the said Caroline T. Hornblower and Josiah H. Hornblower, who are infants, under the age of twenty one years, but still have arrived to years of discretion, would be greatly advanced thereby, all which appearing to be true; 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 Samuel Cassidy and Abel I. Smith, of the township of Bergen, in the county aforesaid, be, and they are hereby appointed trustees, with full power and authority to sell and dispose of the said lots of land and premises, situate in the said county of Bergen, belonging to the heirs at law of the said Anna Hornblower, and which said lots of land and premises were devised to her, the said Anna, by the last will and testament of her father, Merselis Merselis, or any part thereof, for the best price or prices that can be procured for the same, and to make out and execute good and sufficient conveyances and assurances in the law, to the purchaser or purchasers; and they are hereby directed to account for, and pay over the moneys arising from such sale or sales, to the said petitioners, according to their legal and respective rights and interests therein.

Sec. 2. And be it enacted, That no deed of such lands and estate shall be valid, unless it be certified in writing, in or upon such deeds, by Peter Sip and Cornelius Van Worst, of the township of Bergen aforesaid, or the survivor of them, Deeds to be cer- under his or their hands and seals, that such sale is made bona fide, and for the highest price that could be obtained for such property, at the time of the said sale or sales.

tified before valid

Sec. 3. And be it enacted, That before the said Samuel Cassidy and Abel I. Smith, Esquires, trustees as aforesaid, shall enter into the trust reposed in them, by virtue of this act. they shall enter into bond, to the Governor of this state, with such securities, and in such amount, as shall be apTrustees to give bond to gover- proved of by the Surrogate of the county of Bergen, conditioned for the faithful performance of the duties required of them by this act, which bond shall be deposited in the office of the said Surrogate.

nor.

Sec. 7. And be it enacted, That the said trustees, or the survivor of them, shall, within six months after the sale of the said lands is completed, make and exhibit, under oath, to

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