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said societies that this sale and conveyance shall be confirmed and made legal, therefore

1. BE IT ENACTED by the Senate and General Assembly of Conveyance the State of New Jersey, That the conveyance by said trus-confirmed. tees of the Lutheran Church of their right, title, interest and claim in and upon said church to said Methodist Episcopal Society of Lower Harmony be and is hereby declared confirmed and legal and binding upon said parties in accordance with the terms of said conveyance.

2. And be it enacted, That this act shall take effect immediately.

Approved February 24, 1858.

CHAPTER XLIX.

A FURTHER SUPPLEMENT to an act entitled " An act for the relief of persons

imprisoned on civil process," approved April sixteenth, eighteen hundred and forty-six.

riff, &c.

1. BE IT ENACTED by the Senate and General Assembly of Debtor may the State of New Jersey, That any debtor who shall be re- bond to shemanded to prison under the eighth section of the act to which this is a supplement, is hereby authorized to execute and deliver to the sheriff or keeper of the jail of the county, a bond, with one or more sufficient sureties, freeholders and residents in the county, in double the sum for which such debtor was arrested or held in custody or taken in execution, to any of the creditors who shall undertake, as in said section is mentioned, conditioned that such debtor

shall in all things remaining, fully and honestly comply with the requirements of the insolvent laws of this state, and shall appear before the court according to law, and if refused a discharge, surrender himself immediately thereafter to the sheriff or keeper of the jail of the county, there to remain until discharged by due course of law; which bond, if forfeited, may be prosecuted for the use of such creditors, and on receipt of such bond, the sheriff or jail-keeper shall discharge such debtor from custody.

2. And be it enacted, That all subsequent proceedings if debtor was shall be had in like manner, as near as may be, as if the

said debtor had been remanded to prison, and been actually in prison, under such remand.

3. And be it enacted, That this act shall take effect immediately.

Approved February 24, 1858:

Proceedings to be same as

CHAPTER L,

A FURTHER SUPPLEMENT to an act entitled "An act for the more easy

partition of lands held by co-parceners, joint-tenants, and tenants in common," approved April sixteenth, eighteen hundred and forty-six.

Part of lands 1. BE IT ENACTED by the Senate and General Assembly of may be sold.

the State of New Jersey, That in all proceedings for partition under the act, to which this is a supplement, it shall and may be lawful to divide a part of the lands included in the application, and to sell the remainder thereof whenever it shall appear by the report of the commissioners, which

shall designate the lands to be divided and those to be sold, and by other satisfactory proof, that the whole of the lands cannot be divided among the owners and proprietors without great prejudice to their interest.

2. And be it enacted, That this act shall take effect immediately.

Approved February 24, 1858.

CHAPTER LI.

As act authorizing the inhabitants of the township of Howell in the

county of Monmouth to sell the church and land of the New Jersey Missionary Society, situated in said township.

1. BE IT ENACTED by the Senate and General Assembly of Commissionthe State of New Jersey, That John C. Patterson, Charles property. Butcher and James Doneha, be and are hereby constituted commissioners to sell at public vendue, at such time and place as they or a majority of them may designate, the church and land of the New Jersey Missionary Society, described in a certain deed from Joseph R. Vancleaf, to Daniel Brower, John C. Patterson and Amos Shaw, trustees, and dated July third, eighteen hundred and twentynine, recorded in the Monmouth county clerk's office in book V. 2 of deeds, page 74.

2. And be it enacted, That the said commissioners be and Survivors they are, and in case of the death of one or more of them, to make conthe survivor or survivors are hereby authorized and empowered to sell and convey the lot on which said church now stands to any Protestant denomination who may de

.

Proviso. sire to build a church upon said lot; provided, a majority of

the inhabitants of the school district in which said lot is situated shall so determine, reserving to the public the right to continue to use the graveyard in said premises as a burial place without any disturbance of the graves already

in said yard. Appropriation of pro

3. And be it enacted, That the proceeds of the sale of said ceeds of sale. church as aforesaid shall be appropriated by the said com

missioners to the erecting of a fence around and inclosing the said church lot, and in case of any surplus accruing after defraying the expenses of erecting the said fence, in such case a majority of the inhabitants of the school district in which said church and lot are situated, shall and may appropriate and pay such surplus to some educational, charitable or religious purpose, or purposes, as they shall

deem proper.

4. And be it enacted, That this act shall take effect immediately.

Approved February 25, 1858.

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A SUPPLEMENT to an act entitled “An act to simplify the pleadings and

practice in courts of law.”

Affidavit to be filed on

ment of damages.

1. BE IT ENACTED by the Senate and General Assembly of catering rule the State of New Jersey, That no rule for an assessment of

damages, in open court, or for a writ of inquiry to assess damages, shall be entered by or for the defendant, in any

action, unless at the time of entering such rule, he shall file with the clerk of the court in which the action is pending, an affidavit that the amount claimed to be due to the plaintiff by the bill of particulars annexed to his declaration, or some part thereof, is not due from the defendant to the plaintiff, specifying what amount, if anything, is due to said plaintiff, and that the rule for an assessment, in open court, or for a writ of inquiry as the case may be) is not intended for the purpose of delay, but only to have the amount due to the plaintiff correctly ascertained, which affidavit shall be made by the defendant, or in his absence by his attorney or agent in such action; and in case such affidavit shall specify any amount to be due to the plaintiff, the said plaintiff shall be at liberty to take an assessment, as now authorized by law, for such amount instanter, and enter judgment final thereon, but by so doing he shall be deemed to waive the balance of his claim, set forth in said bill of particulars.

Approved February 25, 1858.

CHAPTER LIII.

As act to authorize the Board of Education of the city of Camden to

build a school house in the north ward of said city.

1. BE IT ENACTED by the Senate and General Assembly of Board of the State of New Jersey, That the board of education of the authorized city of Camden be and they are hereby authorized to bor- money. row any sum of money not exceeding fifteen thousand

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