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CHAPTER XXXVI.

AN ACT SUPPLEMENTARY to the act, entitled " An act relating to the courts

in the several counties of this state," approved March thirteenth, eighteen hundred and fifty-seven.

Part of former act repealed.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the act to which this is supplementary be, and the same is hereby repealed, as far as the said act relates to the counties of Passaic, Burlington and Morris.

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

Approved March 1, 1859.

CHAPTER XXXVII.

A FURTHER SUPPLEMENT to the act entitled “An act respecting the

Orphans' Court, and the power and authority of Surrogates," approved
April sixteenth, one thousand eight hundred and forty-six.

Application
of sureties of
executors,
&c., to be re-

1. BE IT ENACTED by the Senate and General Assembly of

the State of New Jersey, When either, or all of the sureties leased from of any executor or executors, administrator or administra

tors, or guardian or guardians, shall desire to be released

bility.

from responsibility on account of the future acts, or de. faults of such executor or executors, administrator or administrators, guardian or guardians, such surety or sureties may make application to the orphans' court of the county in which the letters testamentary, or of administration, or of guardianship were granted for relief. 2. And be it enacted, The said orphans' court shall there. Proceedings

on applicaupon direct to be issued a citation to such executor or ex. tion. ecutors, administrator or administrators, or guardian or guardians, requiring him or them to appear before said court, at a time and place to be therein specified, to state and settle his or their account of the estate that has come into his or their hands, and of the claims presented to him or them against the same, and to give new sureties, in the usual form, for the discharge of his or their duties; which citation shall be served on each person to whom it is directed, or a copy thereof, left at his dwelling house or usual place of abode, at least ten entire days prior to its return; and if any person, against whom such citation is issued, does not appear at the return thereof, and it shall be made to appear to the satisfaction of the court, that such person is out of the state, or cannot upon due inquiry be found therein, or that he conceals himself within this state, the court may by order direct that he appear at such time as shall seem reasonable to the court, which order may be served or published in any manner that the court may see proper in the same to direct, and on proof of the service or publication of said order, and of the performance of the directions contained in said order, the court may proceed as if such person had been duly served with a citation.

3. And be it enacted, If upon the return of such citation Court may served, or upon the proof of the service or publication of if new surethe order referred to in the last preceding section of this given. act, the executor or executors, administrator or administrators, or guardian or guardians therein named, shall give new sureties to the satisfaction of said court, the court may thereupon make order that the surety or sureties, who

Letters may be revoked

fault, &c.

applied for relief in the premises, shall not be liable on their bond for any subsequent act, default or misconduct of such executor or executors, administrator or administrators, guardian or guardians.

4. And be it enacted, If such executor or executors, adin case of de- ministrator or administrators, or guardian or guardians,

neglect or refuse to state and settle his or their account as aforesaid, and to give new sureties to the satisfaction of the court, on the return of the citation, or within such reasonable time as the court shall allow, the court shall, by order or decree, revoke the letters testamentary, or of administration, or of guardianship, of such executor or executors, administrator or administrators, or guardian or guardians, and proceed to appoint some other proper person as administrator, with the will annexed, or as administrator, or as guardian, in the room and stead of the person or persons, so neglecting or refusing to give sureties, which person so appointed, shall, before he enters upon the duties of his appointment, give bond to the ordinary, in such sum, and with such sureties, as the court shall require, for the faithful performance of his duties.

5. And be it enacted, Every executor, administrator, or guardian whose duties shall cease by such order or decree, shall immediately deliver over to such newly appointed administrator with the will annexed, or administrator, or guardian, all goods and chattels, moneys or other assets, or effects, which he may have held as executor, administrator or guardian, or shall be proceeded against, as is directed in the ninth section of the act to which this is a supplement.

Approved March 1, 1859.

Executor, &c., to deliver over assets, &c.

CHAPTER XXXVIII.

Ax act to change the name of Hartman Vreeland Van Horn, of Bergen,

in the county of Hudson.

1. BE IT ENACTED by the Senate and General Assembly of Name

changed. the State of New Jersey, That the name of Hartman Vreeland Van Horn, of the township of Bergen, in the county of Hudson, be changed to Hartman Vreeland, and that henceforth all business and other transactions had by or with the said Hartman, shall be in the name given him by this act; provided, nevertheless, that nothing herein con- Proviso. tained shall in any manner affect any matter, thing, or transaction heretofore had by or with, in favor of, or adverse to the said Hartman.

Approved March 1, 1859.

CHAPTER XXXIX.

An Act authorizing the trustees of the Methodist Independent Church,

or Free Communion Chapel, established at Shark river, in union with the Methodist Protestant Church, in the township of Wall, in the county of Monmouth, to convey certain property.

Trustees authorized to convey property.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the present trustees, or their successors, of the Methodist Independent Church, or Free Communion Chapel, established at Shark river, in union with the Methodist Protestant Church in the township of Wall, in the county of Monmouth and state of New Jersey, are hereby authorized and empowered to sell by public vendue, or otherwise, all the goods and chattels and church edifice of the Methodist Independent Church, or Free Communion Chapel, at Shark river, in the township, county, and state aforesaid, and to execute a good and sufficient deed or deeds for the same, to the purchaser or purchasers, and to appropriate the proceeds of the sale towards the payment of the debts and liabilities of the said, the Methodist Independent Church, or Free Communion Chapel, at Shark river aforesaid, and the balance to be used by the said, the trustees of the Methodist Independent Church, or Free Communion Chapel, established at Shark river, in union with the Methodist Protestant Church aforesaid, or their successors, for the benefit of their society.

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

Approved March 1, 1859.

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