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of wills. Form of
Burrogates, shall issue probates of all wills be-Surrogates fore him proved, which shall be in the follow- to issue
probates ing forin: CI
surrogate of the county of do certify the annexed to be a true copy of the probate last will and testament of late of the coun
deceased ; and that of the
the executors therein named, proved the same before me, and are duly authorized to take upon themselves the administration of the estate of the testator agreeably to the said will. Witness my hand and seal of office, the
in the year of our Lord, one thousand eight hundred and
And each of the said surrogates shall also Surrogates issue all letters of administration, which shall letters of be in the following form:
tration. surrogate of the county of do certify that on the
admi. Form of nistration of the goods and chattels, rights and letters of credits, which were of
late of the county tration. of who died intestate, was granted by me to of the county of
who are duly authorized to administer the same agreeably to law. Witness my hand and seal of office, &c.
And that the said probates of wills and letters of administration shall have the same validity and effect, as probates of wills and let. ters of administration, issued by the register of the prerogative office, in the name of the ordinary-general, with the seal of office affixed.
4. And be it enacted, That it shall be the duty of the surrogates in the several counties Surrogates of this state, at the expiration of every three quarterly months, from and after the first day of Febru, returns. ary next, to transmit to the register of the prerogative office all wills proved before him, after recording the same as aforesaid, and all in
To file all
In case of a caveat,
tentorics by him received during the said period, to be filed by the said register in his of fice.
5. And be it enacted, That the said surro. adminis." gates shall, in their respective offices, carefully tration file all administration bonds by them taken, and bonds, &&: all other instruments of writing (original wills
and inventories excepted) which may be required by law, in conducting the business brought before them, and which were heretofore filed in the prerogative office.
6. And be it enacted, That where doubts
arise on the face of a will, or a caveat be put ceedings in against proving a will, and whenever disfore.
putes happen respecting the existence of a will, the fairness of an inventory, or the right of administration, the proceedings shall be as heretofore.
7. And be it enacted, That the powers and Orphan's
duties exercised and performed by the ordinacourts to ry, relative to the admission of guardians for Certaindu- Persons under the age of twenty-one years, ties here- shall hereafter be exercised and performed by
the orphan's court of the county, in which the done by the ordi. minor applying for a guardian may reside, or
shall have real or personal estate, subject to an
appeal to the prerogative court, and that letters Surrogates of guardianship shall be issued under the di
rection of the orphan's court, by the surrogate letters of guardian- of the county in which the application shall be ship. made, which shall be in the following form: "I
Surrogate of the county of do certify, that on the day of the thereof. orphan's court of the county of
admitted of the county of as guardian, of the person and property, both real and
of the said county of
8. And be it enacted, That each of the said Surrogates surrogates,
shall on the fourth Tuesday in the to make month of October, in every year, make a re- returns.
quarterly turn to the register of the prerogative office, of the business done in their offices respective- Which ly, as far as relates to recording of wills, letters shall be of administration and guardianship, and of the aid before unfinished business remaining in the said of- lature's fices, which shall be laid before the legislature, at their annual session, by the said register.
9. And be it enacted, That the surrogates appointed in the respective counties of this state, shall, on or before the first day of Feb- Surrogates ruary next, and those who shall hereafter be to give
bond. appointed, shall, before they enter upon the execution of the duties of their offices, severally enter into bonds, unto the state of NewJersey, in the sum of two thousand dollars, with at least two good and sufficient sureties, being freeholders of the county for which he is or may be appointed, to be approved of by any two of the judges of the inferior court of common pleas of the said county ; which bond, with the condition thereof, shall be in the form To make hereafter mentioned ; and shall take and subscribe the following oath, before any one of the judges aforesaid. 6 I being appointed surrogate of the
do solemnly swear, (or affirm, Form of as the case may be) that I will well and truly, the oath. faithfully and impartially, execute the office of surrogate of the said county, agreeably to law, according to the best of my skill and understanding : so help me God”-which oath or affirmation, so as aforesaid taken and subscribed, shall, by the judge administering the same, be delivered, or safely transmitted to the secretary of this state, together with the bond
aforesaid, to be by the said secretary filed amongst the public papers of his office.
10. And be it enacted, That the bond to be entered into as aforesaid, by the respective surrogates and their sureties, with the condition thereof, shall be in the form following,
that is to say: Form of the band. Know all men by these presents, That we of the county of
in the state of New Jersey, are held and firmly bound unto the said state of New-Jersey, in the sum of two thousand dollars, to be paid unto the said state of New Jersey, to which payment, well and truly to be made and done, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals. Dated the
in the year of our Lord one thousand eight hundred and
The condition of this obligation is such, That if the above bounden
shall well Condition, and truly execute the office of surrogate of the
and in all things touching and concerning the said office, shall well and truly, faithfully and impartially, execute and perform the same, according to law, as well with respect to all persons whatsoever concerned, as to the said state of New Jersey, and at the expiration of his said office, shall deliver the seal, and all the books, records and papers, remaining in said office, or appertaining thereto, to his successor in office, then the above obligation to be void, otherwise to remain in full force and virtue,
11. And be it enacted, That for every proFees.
bate of a will, and for every letter of administration and guardianship, issued by a surrogate, he shall be entitled to one dollar ; and for
engrossing, recording and filing, the like fees as the register of the prerogative office, is authorized by law to receive.
12. And be it enacted, That every act, and Former parts of acts, coming within the purview of acts and this act, and contrary thereto, shall be, and they acts reare hereby repealed.
pealed. [13. Obsolete,]
AN ACT to incorporate parts of the townships of
Roxbury and Pequanack, in the county of Morris, into a separate township, to be called the township of Jefferson.
Passed February 11, 1804.
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, BoundaThat all that part of the townships of Roxbury ries, and Pequanack, in the county of Morris, lying within the following boundaries, to wit: beginning at the great cove on the east side of the great pond, thence running a straight line to the mouth of Stephen's brook, where it empties into Rockaway river; thence from the mouth of Stephen's brook a straight line to the top of the green pond mountain, where the road crosses the same near Mrs Jane De. camp's; thence along the top of said mountain to the Bergen line ; thence along the Bergen line, to the Sussex county line ; thence down the lines between Morris and Sussex counties, to the place of beginning—shall be, and the same is hereby set off from the townships of Roxbury and Pequanack, and the same is hereby established a separate township,