How money

terest, on bond and mortgage of real estate, and to prosecute and maintain all actions at law and equity necessary and proper, for the recovery thereof.

Sec. 3. And be it enacted, That it shall be the duty of the said township committee to cause the said sum of money to to be applied. be invested and kept at interest, as aforesaid, and to collect and receive the interest and income thereof, and expend the same in schooling such poor children as they in their wisdom shall think proper to school, and the principal sum to keep entire and unexpended, as a fund for that purpose.

To relase estate from liabilities.

Sec. 4. And be it enacted, That the individuals who, for the time being, compose the said township committee, or a majority of them, shall be, and are hereby authorized and fully empowered, upon receipt of the aforesaid bond and mortgage, and policy of insurance duly assigned to the said "The Inhabitants of the Township of Newark, in the County of Essex," to discharge and release by writing, under their hands and seals, the estate of the said Uzal Sayres, deceased, and the said Stephen Sayres and Isaac Sayres, as well in their capacity of executors of said Uzal Sayres, as in their individual capacities respectively, and their heirs, executors and administrators, from all liability or obligation under said last will and testament, and also the said devise or bequest to the township committee of the township of Newark, for schooling poor children, as aforesaid; and the payment of the said four thousand dollars and release, as aforesaid, are hereby declared to be a full and absolute bar to all suits or actions, claims and demands, at law and in equity, by the said township or township committee, for, or by reason of the said devise or bequest for schooling poor children, against the said Stephen Sayres and Isaac Sayres, as executors, as aforesaid, and individually, and their heirs, executors and administrators, and the estate of the said Uzal Sayres, deceased. Passed, February 11, 1836.

A FURTHER SUPPLEMENT to the act entitled "An Act relative to the Supreme and Circuit Courts," passed the sixth day of June, A. D. seventeen hundred and ninety-nine.

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 if the justice of the supreme court, by whom. any circuit court, or courts of oyer and terminer, and general gaol delivery, is to be held in any county of this state, not affected Proceedings shall be prevented by sickness, or from any other cause, from by absence of attending on the day and at the place, when and where any judge. such court is to be commenced and held, no process returnable to such court, nor any recognizance entered into for the appearance of any person at such court, nor any indictment, suit, or other proceeding depending therein, shall be thereby abated, discontinued or avoided, but the same shall remain and be in full force, the same as if such justice had attended and opened such court; and it shall be the duty of the clerk of the said court, to cause the same to be opened, by procla mation, in the usual form; and in case one of the justices of the supreme court shall not attend during the day, then the clerk shall in like manner adjourn the court to the usual hour Clerk may adof the next day, and so from day to day, until one of the said journ the court justices shall be present, or until such court shall be adjourned for the term, as hereinafter is directed; which proceedings shall be regularly entered by the clerk in the minutes of the

court.

jury.

Sec. 2. And be it enacted, That if one of the justices of the supreme court shall not be present at the usual hour of open- Quarter sesing the courts of oyer and terminer, and general gaol delive- sions may or ry, in any county in this state, on the day appointed by law ganize grand for holding such courts, then the court of general quarter sessions of the peace in and for such county, may proceed to organize the grand jury, for such county, in the same manner as the court of oyer and terminer might do if that court were in session; and all process returnable to, and all recogniz ances for the appearance of persons before the said courts of oyer and terminer and of general gaol delivery, shall be as valid and effectual as if the said courts had been opened and in session, and may be proceeded on according to law, in the said court of general quarter sessions of the peace; and all indictments pending in such county, and all indictments that may be found and presented by such grand jury, shall be as good and effectual as if the grand jury had been organized

K

and sworn or affirmed before the court of oyer and terminer, and shall be tried or otherwise determined either in the court of general quarter sessions of the peace, the court of oyer and terminer or of general gaol delivery, as by law the same ought to be tried and determined.

Sec. 3. And be it enacted, That if it shall happen that no justice of the supreme court shall attend before twelve o'clock on the third day of the term as fixed by law, then the clerk of the said courts of oyer and terminer, and general gaol delivery, and circuit court, shall cause the same by proclamation in the usual manner to be adjourned over, to meet according to law, and in such case all suits, actions, indictments, rules, and other proceedings pending in the said courts respectively, except such as may be tried in the courts of common pleas and general quarter sessions of the peace, shall be continued and stand over to the next ensuing term of the said courts without prejudice to any of the parties.

Sec. 4. And be it enacted, That the circuit court, or courts of oyer and terminer, and general gaol delivery, when sitting in and for any county in this state, may be adjourned over from any one day in term to any subsequent day in the same term, whenever the public convenience, and that of the members of the court, may require or justify such adjournment, and in every case of such adjournment, all suits, indictments, process, orders, rules, recognizances and other proceedings pending in such courts shall be continued to the time to which said adjournment shall be made, without prejudice to any of the parties therein, and may then be proceeded in according to law, in the same manner as might have been done if such court or courts had been adjourned from day to day.

Sec. 5. And be it enacted, That in case the justice of the supreme court, holding any circuit court or court of oyer and terminer, or of general gaol delivery, shall be prevented by sickness or other cause requiring his absence from continuing to preside at such court until the business thereof shall be finished, then it shall and may be lawful for any other justice of the supreme court to take his place and to proceed with the business of the said courts, in the same manner as he might have done if he had been present and presiding at the commencement of the term.

Sec. 6. And be it enacted, That it shall and may be lawful for the justices of the supreme court, either in term time or at chambers, to appoint a special term or terms, not exceeding two, in any one year, of the said supreme court, to be held at such time or times, place or places, and for the transaction of such business, and under such rules and regulations as they may order and appoint.

Sec. 7. And be it enacted, That such of the justices who have attended, or who shall hereafter attend any special term Compensation. of the supreme court, shall be entitled to receive, as a compensation therefor, the sum of thirty dollars, for each term, to be paid to him by the treasurer of this state, in the same manner as the circuit fees, now allowed by law, are directed to be paid.

son indicted

fore term.

Sec. 8. And be it enacted, That whenever any person shall stand indicted for any offence or crime, before the trial of List of Jurors which, the person indicted is entitled by law, to have a copy &c. may be of the indictment, and a list of the jury, if a copy of the in- served on per. dictment, and a list of the jury, summoned by the proper of two days be ficer, for the trial thereof, shall be served on the prisoner or defendant, two entire days before the first day of the term at which such trial is to take place, it shall be as good and effectual as if such list of jurors and copy of the indictment had been delivered to such prisoner or defendant, after the term had commenced, and the panel of jurors had been duly returned to the court.

Sec. 9. And be it enacted, That the same fees shall be allowed to the courts of oyer and terminer and general gaol delivery, as are by law allowed to the court of general quarter sessions, which fees shall be divided among the judges attending said courts, other than the justice of the supreme court, who may be present and presiding; but such justice shall be entitled to receive one dollar for the trial or argument of every cause in said courts.

Sec. 10. And be it enacted, That the act entitled "An act

Feen.

to authorize the holding of special terms of the supreme Former act court," passed the fourth day of March, A. D. eighteen hun repealed. dred and thirty-five, be, and the same is hereby repealed.

AN ACT relative to the property of the unincorporated
Society of Friends in this State.

Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority Rights of of the same, That the rights, estates, property and privileges Friends not to of the members of the unincorporated society of Friends, in be effected by this state, shall not be hurt, endamaged, or in any way af fected, by the division, secession, or separation, which has occurred in the said society, and that the rights, estate, property and privileges of the members of the unincorporated Society of Friends, in this state, shall be held and enjoyed according to the constitution and laws of this state.

separation.

Mode of divi

al estate.

Sec. 2. And be it enacted, That the division, secession or sion of person- separation, now existing in the said unincorporated society of Friends, in this state, on conscientious grounds, where both parties profess to adhere to the faith, system of discipline, constitution and government of the said society, when in unity, the personal estate of whatever kind, of the said society, held or possessed by said society, when in unity, or by any other person or persons, body politic or corporate, for or to its use, or in any way in trust for them, shall be divided between the parties, in such division, secession or separation, equally and ratably, in proportion to the number of members of the said society who have joined or attached themselves to either of the said parties, in such division, secession, or separation; in the same manner as if they had been equal partners in the said personal estate; and in case the said members of the said society cannot, in such division, secession, or separation, agree on the division of the said personal estate of the said society, by them possessed when in unity, that then, and in such case, it shall and may be lawful for any member or members of either party, for and in behalf of himself and themselves, and his and their associates in such division, secession, or separation, to exhibit a bill in chancery against any member or members of the other party in such division, secession, or separation, and their associates, for a division of such personal estate so held or possessed by the said society, when in unity, in the same manner as if they were partners; and thereupon the same proceedings may be had, and relief given, and decree made, as in justice and equity, and according to the course and practice of the court of chancery, ought to be made; always having regard to the relative number of the members belonging to the said parties in such division, secession, or separation, and the continuance and preservation of the same trusts, uses, and purposes, upon