ed by a due course of law, shall be deemed guilty of a high misdemeanor. counter 4. And be it enacted, That if any person Having, shall have or keep in his custody or possession, filling up, any blank or unfinished note, made in the form to be filled or causing or similitude of any promissory note for the up, blank payment of money, made to be issued by any feit notes. incorporated bank in this state or any other of the United States, with intention to fill up and complete such blank or unfinished note, or to permit, cause or procure the same to be filled up and completed in order to utter or pass the same, or to permit, cause or procure the same to be uttered or passed to defraud any person or body politic or corporate whatsoever, the person in whose custody or possession such blank or unfinished note shall be found, being thereof convicted according to the due course, of law, shall be deemed guilty of a high misdemeanor. any plate 5. And be it enacted, That if any person Having in shall have or keep in his custody or possession possession any plate for forging or counterfeiting any for counpromissory note for the payment of money in terfeiting. the form or similitude of any promissory note issued by any of the banks aforesaid, with intention to forge or counterfeit, or assist in forging or counterfeiting, or to permit, cause or procure to be counterfeited, any promissory note issued by any of the aforesaid banks, the person in whose possession or custody such plate shall be found, being thereof convicted according to a due course of law, shall be deemed guilty of a high misdemeanor. 6. And be it enacted, That any person con- Punishvicted of any of the offences aforesaid men- ments for tioned in either of the preceding sections, shall the foregoing of be punished by fine or solitary imprisonment fences. Paper for at hard labor, or both, provided such imprison ment shall not exceed the term of ten years, in the discretion of the court. 7. And be it enacted, That no person nor bank notes persons shall make or cause to be made, any not to be paper in imitation of the kind which is usually made but made use of for bank notes, unless by a perby permit from the mit under the hand and seal of the governor of governor. this state or the person administering the government, which permit the governor or person administering the government is hereby authorized to grant on the application of the president and directors of any banking company; which permit shall specify the quantity of paper so authorized to be made, the whole of which paper shall when finished be delivered to the president and directors of the company applying for the same, or their order, on the oath or affirmation of the person or persons manufacturing the same that the whole of the paper so manufactured has been delivered; which oath or affirmation shall be taken and subscribed before any justice of the peace of the county, and by him filed in his office; and any person making any paper of the kind herein mentioned without the permit as aforesaid, Penalty for shall for every such offence forfeit and pay, on transgres- conviction thereof in any court of record having sing. cognizance of the same, the sum of two thousand dollars, with cost of suit, the one half thereof for the use of the person or persons or body politic or corporate prosecuting for the same, and the other half to be paid to the treasurer of the state for the use of the state. 8. And be it enacted, That any person or persons whatever upon whom may be found any paper of the description as aforesaid, whether manufactured within or without this state and not made expressly for the use of some Persons incorporate bank and at the particular request such notes having of such bank-every such person or persons in possesshall be adjudged guilty of a misdemeanor, sion to be punished. and on being convicted thereof shall be punishment by fine not exceeding one thousand Penalty. dollars, and imprisoned at hard labor for any term of time not exceeding ten years-one half of the fine imposed by the court shall be paid when recovered to the person or persons or body politic or corporate seizing the paper, and the other half be paid to the treasurer of · the state for the use of the state, and the paper so seized shall be deposited with the treasurer of the state to be disposed of as the legislature may hereafter direct. 9. And be it enacted, That if any person Countershall counterfeit, or cause or procure to be feiting counterfeited, or aid or assist in counterfeiting gold or silany of the species of gold or silver coins now ver coins. current, or hereafter to be current in this state, or shall pass or or give in payment, or offer to pass or give in payment the same, knowing the same to be counterfeit, then every such person, being thereof convicted according to due course of law, shall be deemed guilty of a high misdemeanor, and shall be punished by Penalty fine and imprisonment at hard labor, or both, provided such imprisonment shall not exceed the term of ten years, in the discretion of the court. Breaking 10. And be it enacted, That if any person shall by night unlawfully and maliciously break & entering and enter any dwelling-house, shop, ware- houses &c. house, store-house, mill, barn, stable, out- by night. house, or other building whatever, with intent to kill, rob, steal, or commit a rape, mayhem, or battery, then and in every such case the per son so offending, and his or her counsellors, procurers, aiders and abettors, shall be deemed Penalty. guilty of a high misdemeanor, and on being thereof convicted shall be punished by fine not exceeding five hundred dollars, or imprisonment at hard labor for any term not exceeding ten years, or both, at the discretion of the court. [Rev.229] Preamble. When can A Supplement to an act, entitled, "An act to regulate the election of members of the legislative council and general assembly, sheriffs and coroners of this state." Passed November 12, 1801. WHEREAS a difficulty has arisen in one of the counties of this state, where two candidates have an equal number of votes, and no remedy in the present law sufficient to remove the same: 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 where any two or more candidates, lehave an e-gally nominated for the legislative council, qual No. of general assembly, sheriffs or coroners, shall votes, &c. have an equal number of votes, there not being didates Clerk to advertise, &c. a sufficient number that have a plurality, by reason whereof the number directed by law have not been duly elected, the clerk of the county is hereby directed immediately to advertise in five of the most public places in such county, setting forth that he will attend at the court-house of the county, on a day by him named in said advertisement, not less than five nomina nor more than ten days from the time of the To receive former election, to receive the nomination of tions. persons to supply the vacancy or vacancies; which nomination and election shall be conducted, in every respect, according to the rules [Rev. 229] laid down in the act to which this is a supplement, except that the nomination shall be made only ten days previous to the day of election; and the several officers shall be entitled to receive the same fees and rewards, and be subject to the same fines and penalties as is prescribed by the before recited act. of election. 2. And be it enacted, That if the judge, assessor, collector, or town-clerk, in any town- Respectship of this state, shall hereafter be nominated ing officers for any of the aforesaid offices, and shall publicly, before the beginning of the election, decline standing as a candidate at such election, such person or persons shall not be disqualified · to serve and assist in conducting the said clection: Provided, That if any person shall assist in conducting the election, and shall receive a majority of the votes taken in said county, his election shall, notwithstanding, be considered as null and void, in the same man. ner as if he had not been nominated. [Sec. 3, relates to the election held in the county of Morris. |