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NOTE, That Rev. refers to the revision of the Laws of New-Jersey by Judge Paterson previous to 1800.-Comp. to this compilation.

1

LAWS

OF THE

STATE OF NEW-JERSEY,

From Nov. 11, 1800, to Feb. 23, 1811.

A Supplement to the act entitled "An act making [Rev. 369] lands liable to be sold for the payment of debts."

Passed November 11, 1800.

orphans

sale of pro

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 when any testator or intestate, shall die possessed of any share or shares, or parts of a share, of propriety of undivided rights, or of a In what warrant to locate any lands, either in the eastern case the or western division of New-Jersey, and shall court may not leave other estate sufficient to pay all the order a just debts, and maintain the children, of such priety decedent, that then, and in such case, the ex- rights. ecutor or executors, administrator or adminis- [Rev. 372, trators, shall apply to the orphan's court of the Sec. 19, county where such decedent last resided; and the said court shall make an order for the sale of such share or parts of shares, or warrants, for unlocated rights, on the like exhibition and proof of the deficiency of the estate of such decedents to pay the just debts that shall appear against the same, under the same restrictions, notice and publicity, as is directed for the sale

201

[Rev.369]

of real estates, by the act entitled "An act making lands liable to be sold for the payment of debts," passed the eighteenth day of February, seventeen hundred and ninety-nine, in the same manner as if such shares and rights had been mentioned in the said act, and considered as real estate.

2. Executed.

AN ACT to amend the act entitled "An act making [Rev. 369] lands liable to be sold for the payment of debts."

Real es

Passed November 26, 1804.

Sec. 1. BE IT ENACTED by the coun cil and general assembly of this state, and it is tate, when hereby enacted by the authority of the same, so request. That if the owner of any goods and chattels, ed, to be lands, tenements, hereditaments and real esgoods and tate, against whom a writ of Fieri Facias shall chattels. be directed, shall desire that the whole or any

sold before

Sec. 6]

part of his real estate shall be sold before any [Rev 369 of his goods and chattels, and signify the same in writing under his hand, the officer to whom the writ is directed, shall in such case, sell the real estate first, upon obtaining security that the goods and chattels shall be forth-coming when called for, any law to the contrary notwithstanding.

2. And be it enacted, That it shall be the duty of the sheriff or other officer, in whose hands a writ of Fieri Facias may be, in addition to the provision directed in and by the ninth section of the act to which this is an in a news- amendment, to cause the time and place of the sale of the said lands, tenements, hereditaments

Real es

tate to be advertised

paper.

and real estate, so levied upon, to be published [Rev. 570, in one of the newspapers printed in this state, sec. 9] and circulates most generally in the neighborhood of the said lands, tenements, hereditaments and real estate, at least one month next preceding the time appointed for selling the same and that the sheriff or other officer ad- Allowance vertising as aforesaid, shall be entitled, in ad- for adverdition to his other fees, to the sum of one dol

lar and fifty cents.

tising.

3. And be it enacted, That when any or- Real esphan's court of this state shall order the lands, tate sold by order of tenements, hereditaments and real estate, or the orany part thereof, of any ward, testator or intes- phan's tate to be sold, it shall be the duty of the guar- be previ court, to dian, executor or administrator, as the case ously admay be, to advertise the time and place of ex- vertised as posing the same at sale, in the manner directed tioned. in the preceding section of this act, in addition to the provision already prescribed by law.

aforemen

AN ACT concerning the clerk's office in the several

counties of this state.

Passed November 17, 1800.

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 in every county of this state, where an If an office office hath been or hereafter may be built, at be built, the expense of any county in this state, of ma- clerk to reterials not liable to be destroyed by fire, and the same is or shall be finished and completed, and be situated within half a mile of the court-house of the respective county, the clerks of the sev

move toi

eral counties, and their successors in office, shall, and they are hereby required to remove to the office so provided, all the books, records and papers, appertaining to the office of the respective clerk.

2. And be it further enacted, That if any clerk of any county of this state shall neglect or refuse, for the space of ten days, to remove all the books, records and papers appertaining to his said office, to the office which hath been or may be built and completed, as aforesaid, Penalty, every clerk so offending, shall forfeit and pay $10. for each day he shall so neglect or refuse, after the expiration of the said ten days, the sum of ten dollars, to be sued for and recovered by the director of the board of chosen freeholders in the county where the delinquency shall happen, in his own name, to be applied, when recovered, to and for the use of the county.

AN ACT for altering and establishing the times of holding the courts in and for the county of Middle

sex.

Passed February 9, 1801.

Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is Circuit hereby enacted by the authority of the same, courts, & That the circuit courts for the county of Middlesex shall be held on the second Tuesdays of June and December in every year.

2. And be it enacted, That the courts of common pleas and general quarter sessions of Common the peace, for the said county of Middlesex, Pleas, &c. shall be held on the second Tuesdays of March, held. June, September and December, in every year.

when to be

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