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several bills or notes, executed by them in their individual capacity; and it shall not be lawful for any director of said corporation to resign his office to avoid such liability; and if any director shall so attempt to resign his office, he shall be and continue liable the same as if no resignation had been attempted; and such liability of directors shall continue after they ceased to be directors, either by resignation or otherwise, if the said corporation was insolvent when they ceased to be directors; and it shall not be lawful for any director to assign or transfer his stock or other property to avoid such liabiļity; and in case of the payment of any such bills or notes by any of said directors, the other directors who may be liable shall account in the same way

as other joint debtors are accountable to each other; proProriso. vided, that no property that shall or may be levied on or

taken in execution, under or by virtue of any judgment or decree in favor of any receiver or receivers under the provisions of this act, shall be sold until after the expiration of four months from the date of said judgment or

decree. Amount of 4. And be it enacted, That if the assets of said corporation divided pro and the property of said directors shall prove insufficient

to redeem the whole of the said bills and notes, then the amount that shall or may be realized from said assets and property shall be distributed ratably among the holders of

the said bills and notes. Liability of 5. And be it enacted, That the stockholders of said corpostockhold

ration at the time of its becoming insolvent, other than said directors, shall be jointly and severally liable to any receiver or receivers that shall or may be appointed as aforesaid, to an amount sufficient to redeem the said bills and notes after the assets of said corporation and the

property of said directors shall have been distributed as Proviso. aforesaid ; provided, that no stockholder, other than said

directors, shall be made liable to an amount exceeding the par value of the stock held by him at the time said corpo. ration becomes insolvent; and if that amount shall not be required for the full redemption of said bills and notes,

assets to be

ers.

stockhold

then the said stockholders shall be liable in the ratio of the said stock so held by them, and it shall not be lawful for any such stockholder to assign or otherwise transfer his stock or other property to avoid such liability.

6. And be it enacted, That in case of an action or suit at Actions law against any director or directors, stockholder or stock- rectors or holders, under any of the preceding sections of this act, the ers, receiver or receivers may declare generally for money had and received; provided, that a schedule shall be annexed to Proviso. the said declaration, setting forth that the said action or suit is under and by virtue of the provisions of this act, specifying the aggregate amount claimed, the names of the president and cashier subscribed to the bills or notes declared on, and the numbers and denominations thereof.

Approved March 1, 1859.

CHAPTER XLVI.

An Act to confirm the last will and testament of Joseph Bosenbury, of

the county of Hunterdon.

WHEREAS, Joseph Bosenbury, late of the township of Preamble.

Amwell, in the county of Hunterdon, and state of New Jersey, did, in his lifetime, make and execute his last will and testament, in writing, under his hand and seal, bearing date the twentieth day of April, in the year of our Lord one thousand eight hundred and thirty-five;

Will confirmed.

AND WHEREAS, said last will and testament was admitted to probate, and letters testamentary issued to Elizabeth Bosenbury and John Bosenbury, the executors named in said last will and testament, on the twenty-seventh day of September, in the year one thousand eight hundred and thirty-six; AND WHEREAS, the said executors have ever since acted under the said last will and testament, with the approval of all interested in said estate as appears by a petition of the heirs at law of the said Joseph Bosenbury; AND WHEREAS, the said last will and testament, in consequence of legal advice given by the person who drew the said will and testament, was attested by but two witnesses; therefore,

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the last will and testament of the said Joseph Bosenbury, deceased, bearing date the twentieth day of April, in the year one thousand eight hundred and thirty-five, be and the same is hereby, in all things confirmed; and that said last will and testament, and the grants and bequests therein contained, as also all acts and conveyances made, or that may hereafter be made by the said executors, or the survivor of them, in pursuance of the directions of the said last will and testament, shall be and the same are hereby declared to be as good and effectual in law, to all intents and purposes, as if the said last will and testament had been executed, published, signed and declared in the presence of three subscribing witnesses.

Approved March 1, 1859.

CHAPTER XLVII.

A SUPPLEMENT to the act entitled "An act respecting the Orphans' Court

and the power and authority of Surrogates."

minors residing out of

1. BE IT ENACTED by the Senate and General Assembly of Guardianthe State of New Jersey, That where an orphan is of the age of fourteen years, or upwards, and resides out of this state, the state. and in some other state or territory of the United States, letters of guardianship shall be granted in this state, on petition to the orphans' court, signed by such orphan, in the presence of a judge of a court of record in the state or territory in which such orphan may reside, and which signature shall be acknowledged before said judge, in the same manner and form as acknowledgment of deeds are required to be acknowledged by the laws of this state, which guardians shall have the charge of property in this state as fully as the guardians of minors are now author. ized by law.

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

Approved March 1, 1859.

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CHAPTER XLVIII.

An act to extend the provisions of an act entitled “An act to prevent

horses, cattle, sheep and swine from running at large in the township of Clinton, in the county of Essex, and the township of Rahway, in the county of Union,” to the township of Westfield, in the county of Union.

Provisions
of former act
extended.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the provisions of an act entitled "An act to prevent horses, cattle, sheep and swine from running at large in the township of Clinton, in the county of Essex, and the township of Rahway, in the county of Union," approved March fourth, eighteen hundred and fifty-eight, be and the same are hereby extended to the township of Westfield, in the county of Union.

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

Approved March 1, 1859.

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