and other metals from ores, under the authority of this act, shall be carried on in the counties of Sussex and Essex, in this state. 8. And be it enacted, That this act shall take effect immediately after the passage thereof. Approved February 15, 1849. AN ACT for the relief of Harvey Dennis. BE IT ENACTED by the Senate and General Assembly of the Citizenship State of New Jersey, That Harvey Dennis, of the county of restored. Morris, be, and he is hereby restored to all the rights, privileges, and immunities of a free citizen of the said state of New Jersey. Approved February 15, 1849. A supplement to the act entitled, "An act to ascertain the times and places of holding certain courts," approved April the eighteenth, eighteen hundred and forty-six. 1. BE IT ENACTED by the Senate and General Assembly of Stated terms. the State of New Jersey, That the orphans' court in and for the county of Cape May shall hold annually four stated terms, at the court house in the Middle Township, at the times following, that is to say: on the Monday preceding the second Tuesday of March, first Tuesday of June, August, and December, respectively, and not otherwise. mer act re pealed. 2. And be it enacted, That as much of the act entitled, Part of for "An act to ascertain the times and places of holding certain courts," approved April eighteenth eighteen hundred and fortysix, as requires the orphans' court in and for the county of Cape May to be held on the second Tuesday of March, the first Tuesday of June, August, and December, respectively, and not otherwise, be, and the same is hereby repealed. 3. And be it enacted, That this act shall take effect immediately. Approved February 15, 1849. AN ACT for the relief of the inhabitants of the township of Salem. Preamble. WHEREAS it is represented to the legislature that the inhabitants of the township of Salem, in the county of Salem, at their last annual town meeting, ordered the sum of three thousand dollars to be raised by taxation to build a school house, under the provisions of the twenty-ninth section of an act entitled, "An act incorporating the inhabitants of townships, designating their powers, and regulating their meetings,' approved April fourteenth, eighteen hundred and forty-six; and whereas it was the evident intent and design of the said twenty-ninth section that the school house or school houses therein. mentioned should be used for the education of such poor children as are paupers, belonging to said township, and the "children of such poor parents, resident in said township, as are or shall be, in the judgment, of the township committee, unable to pay for schooling the same;" and whereas the said sum of money has been assessed and collected of the inhabitants of the township of Salem, and the township committee have declared their determination not to expend any part of said money for the building of a school house, because there are no pauper children belonging to said township, and so few children of poor parents resident in said township unable to educate them, that no school house is necessary to be built, and the said sum of money is wholly useless and unemployed-therefore, Money here. be refunded. 1. BE IT ENACTED by the Senate and General Assembly of tofore paid to the State of New Jersey, That the township collector of the township of Salem, in the county of Salem, or such other officer or officers as may, at the passing of this act, have possession of the money collected by tax, under the authority of the last annual town meeting of said township, shall be authorized and required to pay, within thirty days after the passage of this act, the same being first demanded of him or them, to the several inhabitants of the said township of Salem, in the said county of Salem, the amount of money which was paid to the said township collector by such inhabitant, as his, her, or their share or apportionment of the said sum of three thousand dol lars, so ordered to be raised as aforesaid, so that each tax payer of said township shall have paid back the whole amount of his tax for such assessment, to be ascertained by the duplicate of taxes of said township for the year eighteen hundred and forty-eight. 2. And be it enacted, That this act shall take effect immediately. Approved February 15, 1849. 1 AN ACT to confirm the last will and testament of William Deacon, late of the county of Burlington, in the state of New Jersey, deceased. WHEREAS it appears, among other things, from the petitions of Preamble. the children and grandchildren of the said William Deacon, deceased, and who are his sole and only heirs at law, that the said William Deacon departed this life, in the month of August last, seized and possessed of considerable estates, real and personal; that, in consequence of his said will having been executed and published in the presence of two subscribing witnesses only, all the devises, orders, and charges therein contained, in relation to his said real estate, are inoperative and void, and the intention of the said testator in disposing of his property is defeated, and great injustice done to those of his children to whom the said lands were devised as an equivalent to the pecuniary legacies devised to his other children and grandchildren; and whereas it further appears that the widow of the said William Deacon, deceased, has departed this life, and that all the heirs at law of the said William Deacon, deceased, have prayed, in their said petition, that an act may be passed by the legislature of this state confirming the said last will and testament in all things, and enacting that the same shall be as valid and effectual in the law as if the said last will and testament had been well executed to pass real estate, in the presence of three subscribing witnesses, as required by the laws of this state-therefore, firmed. 1. BE IT ENACTED by the Senate and General Assembly of will of W, the State of New Jersey, That the last will and testament of Deacon con the said William Deacon, deceased, so far as the same relates to the devises, orders, and charges therein contained of and concerning his real estate, be confirmed in all things, and that the same be as valid and effectual in the law as if the said last will and testament had been well executed to pass real estate in the presence of three subscribing witnesses, as required by the laws of this state. 2. And be it enacted, That this act shall take effect imme. diately. Approved February 16, 1849. AN ACT to authorize Richard Venables, of the city of New York, to build, maintain, and keep in repair a dock or wharf upon and in front of his land in the township of Shrewsbury, in the county of Monmouth, at Eatontown landing. WHEREAS Richard Venables, of the city of New York, hath in his petition represented that he is the owner of certain lands, situate in the township of Shrewsbury, in the county of Monmouth, adjoining waters of the South, or Shrews bury river, and hath prayed that a law may be passed au thorizing him to build, maintain, and keep in repair a dock or wharf, extending a sufficient distance into said river for the accommodation of vessels navigating the same-therefore, 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That it shall and may be lawful for Richard Venables, his heirs and assigns, to build, maintain, and keep in repair a dock or wharf upon and in front of his lands, in the township of Shrewsbury, in the county of Monmouth, at Eatontown landing, a sufficient distance into said river for the purposes aforesaid; and from time to time to rebuild and repair the same, and to lay vessels at said dock or wharf, and receive dockage or wharfage therefor, from all persons using the same; provided, this act shall not affect the legal rights of any other person or persons, or the common rights of the citizens of this state; and provided further, that nothing in this act shall be construed to confer any right of ferry, or claim of right of ferry, upon the owner or owners of said dock or wharf, nor to authorize the extension of said dock or wharf so far into said river as to injure or impede the navi gation of the same. 2. And be it enacted, That if any person or persons shall in any way wilfully injure the said dock or wharf, such person or persons shall be responsible, and shall make good all damage which the owners may sustain, recoverable by action of trespass in any court having jurisdiction of the same. 3. And be it enacted, That this act shall take effect imme diately. Approved February 16, 1849, A further supplement to an act entitled, "An act concerning inns and taverns." WHEREAS serious doubts have arisen in regard to the proper Preamble construction of the act entitled, "A supplement to an act concerning inns and taverns," approved March third, eighteen hundred and forty-seven, which was approved March eighth, eighteen hundred and forty-eight, and the mode of punishment intended to be prescribed by that act-therefore, violation of 1. BE IT ENACTED by the Senate and General Assembly of Penalty for the State of New Jersey, That no person shall offer or ex-act. pose for sale, or sell on the first day of the week commonly called Sunday, any spirituous, vinous, fermented, or other intoxicating liquors; and any person offending against the provisions of this act shall be deemed guilty of a misdemeanor, and on conviction thereof shall be punished by fine, not exceeding twenty dollars, together with the costs of the prosecution. 2. And be it enacted, That it shall and may be lawful for License, how any court or body now empowered, or that may be hereafter empowered by the laws of this state to grant licenses to keep inns and taverns, after conviction had under the first section of this act, to revoke and cancel any license granted by them to any inn and tavern keeper who may hereafter offend against the provisions of the first section of this act, upon due proof made that such offence has been committed; and that the powers conferred by this section may be exercised in a summary way, upon petition preferred by any twelve freeholders resident in the county where such offence shall have been committed, upon ten days' notice in writing to the party against whom such proceeding shall be had; and that, upon the hearing of such petition before the proper authority having juris diction thereof, a judgment of conviction against the party complained of, if any shall have been rendered under the first section of this act, shall be received as conclusive evidence. 3. And be it enacted, That in all indictments hereafter found Indictments. under the first section of this act, it shall be sufficient to describe the liquor sold as intoxicating liquor, without specifying particularly the kind or description thereof. 4. And be it enacted, That this act shall take effect imme diately. Approved February 20, 1849. |