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A SUPPLEMENT to the Act entitled "An Act concerning
Roads," passed February ninth, eighteen hundred and
eighteen.

more than 7

Sec. 1. BE IT ENACTED by the Council and General As-
sembly of this State, and it is hereby enacted by the authority
of the same, That no overseer of the highway, or other
person, except the owner or owners thereof, shall, after
the passage of this act, cut down, wilfully injure, or destroy, Trees not ex-
any fruit, shade or ornamental tree, which may have been, tending out
or shall be, planted or set out by the owner or possessor of feet from the
any lands adjoining any highway in this State, and which line of the
shall not extend more than seven feet out from the line of road not to be
the road towards the centre of the same, unless the town- injured.
ship committee of the township in which such road is situ-
ate, or a majority of said committee shall first order the
cutting down or destroying of the same.

cut down or

Sec. 2. And be it enacted, That if any overseer of the Penalty for so
highway, or other person, shall offend against the provis- offending.
ions of the preceding section, he, she, or they so offending,
shall forfeit and pay the sum of fifty dollars for each and
every such offence, to be recovered in an action of debt,
with costs of suit, in any court having cognizance thereof,
by any person who may prosecute for the same within six
months after such offence shall have been committed.

Provided always, That this act shall not prevent any Proviso.
overseer from clearing out any highways to their full width
where they pass through any woods or forest.

Passed March 4, 1842.

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Preamble.

Will of Sam'l

to have been

witnesses.

AN ACT to confirm the last will and testament of Samuel
Richards, deceased.

WHEREAS, Samuel Richards, late of the city and county of
Philadelphia, in the state of Pennsylvania, on or about
the fourth day of January, eighteen hundred and forty-
two, departed this life, having first made and published
his last will and testament in writing, bearing date the
thirtieth day of November, eighteen hundred and thirty-
nine, thereby bequeathing and devising extensive and
valuable real and personal property, in this state, to cer-
tain persons
named therein, some of whom are minors ;
which said last will and testament hath been duly proved,
entered of record, and affiled in the register's office for
the said city and county of Philadelphia: AND WHEREAS
it hath become necessary and desirable to have said last
will and testament proved and entered of record in this
state, and although executed in the presence of three sub-
scribing witnesses, according to the laws of said state of
Pennsylvania, yet it does not appear, by said record and
probate, to have been signed and published by said Sam-
uel Richards in the presence of all of said three subscri-
bing witnesses, according to the laws of this state, so
that the title to said real estate may be insecure and un-
certain AND WHEREAS all the persons interested, so far
as they are capable of so doing, have besought us for a
remedy in the premises. by a confirmation of the said last
will and testament :-Therefore,

Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority Richards, dec. of the same, That the said last will and testament of the to be deemed said Samuel Richards shall be deemed and considered to & considered have been duly made in writing, and signed and published duly made & by him in the presence of said three subscribing witnesses; signed by 3 and that any record of said last will and testament regularly made and entered in any proper office of this state, and any duly certified copies thereof, and any letters testamentary or of administration with the said will annexed, duly granted thereon, shall be evidence in the same manner, and have the same force and effect, in all courts of law and equity, as such records, or copies thereof, or as such letters, would have, if said last will and testament had been duly proved, in the usual manner, and regularly entered of record, according to the laws of this State, any law, usage, or custom to the contrary thereof in any wise notwithstanding. Passed March 4, 1842.

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AFACT to provide for the resumption and continuance of specie
payments by the banks in this state.

Sec. 1. Be it enacted by the Council and General Assembly of this State, and it is hereby enacted by the authority of Banks or the same, That every bank or company, exercising banking companies privileges in this state, which may have suspended specie pay- exercising ments, or shall suspend specie payments before the fifteenth banking day of August next, by neglecting or refusing to redeem its resume and bills, notes, or other evidences of debt in specie, shall, on or continue spebefore the said fifteenth day of August, resume and continue, cie payments or before so long as such bank or company shall exercise banking priv-15th August ileges, the payment of all, bills, notes, or other evidences of next. debt of such bank or company in gold and silver, on demand at the banking house of such bank or company, during the usual hours of business.

Sec. 2. And be it enacted, That if any of the said banks or Penalty in companies shail neglect or refuse to comply with the provisions case of neg. of the first section of this act, it shall not be lawful for any lect or refusal such bank or company, after such neglect or refusal, to discount any note, bill, draft, or other paper, or to issue, pay out, or circulate any note, bill, or other evidence of debt, of said bank or company, of any denomination whatever; and if any bank or company, exercising banking privileges in this state, shall offend against any of the provisions of this section, the charter of every such bank, and all such part or parts of the charter of any such company, as are deemed to confer banking privileges upon such company, shall thereupon become forfeited and be void; and further, that no action or suit shall be brought or maintained in any court of law or equity in this state, upon any note, bill, draft, or other paper, which may have been discounted by such bank or company contrary to the true intent and meaning of this act.

Sec. 3. And be it enacted, That it shall not be lawful for Banks not to any of the banks or companies exercising banking privileges make divi. in this state, which now neglect or refuse to redeem their notes dends until or other evidences of debt in specie, on demand, to make any provisions of dividend among the stockholders of such bank or company complied until after the fourth day of July next, nor until said bank or with. company shall have fully complied with the provisions of the first section of this act.

1st sec. are

Sec. 4. And be it enacted, That no such bank or company, Banks not to or any officer or agent thereof, shall, from and after the fourth issue notes other than day of July next, issue or put in circulation any note, bill, check their own. or draft intended or calculated for circulation as a bank note, other than their own notes and such as are payable on demand

Act to take

passage

in gold or silver at the banking-house or office of the bank or company issuing the same.

Sec. 5. And be it enacted, That this act shall go into operaeffect on the tion upon the passage thereof, and that the secretary of state shall immediately transmit a certified copy thereof to each of the banks and companies exercising banking privileges in this state. Passed March 5, 1842.

thereof.

Concerns of

company to

A SUPPLEMENT to an act entitled "An Act to incorporate the
New-Jersey Patent Ship Bread Company."

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 from and after the passing of this act, the be managed stock, property and concerns of said company shall be managed and conducted by seven directors, being stockholders, a majority of whom shall be citizens of this state.

by seven directors.

Capital stock

of said com-
pany not to
exceed
$500 000.

Public notice of time and

books of

Sec. 2. And be it enacted, That the capital stock of said company shall not exceed fifty thousand dollars, which shall be divided into shares of twenty-five dollars each, but it shall, nevertheless, be lawful for the said corporation, when, and as soon as one thousand shares of the said capital stock shall have been subscribed, and twelve thousand five hundred dollars actually paid in, provided the same be subscribed and paid in within two years from the passage of this act, to commence their said business; and with that capital to conduct and carry it on, until they shall deem it expedient to extend their operations and increase their capital, which they are authorized to do, from time to time, to the amount herein before mentioned.

Sec. 3. And be it enacted, That the directors of said complace of re pany may re-open their books of subscription to the capital opening the stock of said company; and that public notice of the same be given by advertisement in one or more newspapers printed in subscription. The county of Hudson, for the space of thirty days, naming the time and place when and where the said books of subscription are to be re-opened, and that the said books shall be kept open for at least three successive days, from ten o'clock A. M. till four o'clock P. M. of each day.

Parts of former act repealed.

Sec. 4. And be it enacted, That so much of the second, third and fourth sections of the act to which this is a supplement, as conflict with the provisions of this act, be and the same are hereby repealed. Passed March 7, 1842.

AN ACT to authorize Garret Sip, surviving executor of Michael - D. Vreeland, late of Bergen county, in this state, deceased, to divide certain personal estate, under the will of said testator, WHEREAS Michael D. Vreeland, deceased, late of the town" ship of Hackensack, in the county of Bergen, and State of New-Jersey did, by his last will and testament, among other things give and bequeath unto his beloved wife Margaret, in addition, to her right of dower at common law, the use of all his real and personal estate, wheresoever and whatsoever it Preamble. might be of every kind and description, during her widowhood, empowering her at the same time, during her widowhood, to distribute any part of his personal estate to such of his grand children as she should think proper to give the same, and in such proportion as she should think proper; and in case she should die or marry without disposing of the same as aforesaid, then the said testator ordered his executors to divide the same equally among his grand children, share and share alike; and whereas the said widow died without making any distribution of the personal estate as authorized by the said will; and whereas the said testator in a subsequent clause in said will did further order and direct, if any of his grand children, Michael, Isaac, or Margaret, should die leaving no lawful issue, then aud in such case that the survivors should have that property which he had devised to the deceased, in equal portions, share and share alike; and whereas the said grand children, Margaret, Michael, and Isaac, the last of whom is under age, and the surviving executor to the said will, Garret Sip, are willing and desirous that the personal property bequeathed to the above named children, by said will, should be equally divided among them, share and share alike, in accordance with the directions given to the executors by said will: and not being contrary to the intentions of the said testator, and being equitable and just that such division and distribution should be made :-Therefore,

chael D.Vree

Sec. 1. BE IT ENACTED by the Council and General Asbly of this State, and it is hereby enacted by the authority of Surviving ex the same, That Garret Sip, surviving executor of the last will ecutor of Miand testament of Michael D. Vreeland, deceased, be and he is land authoriz. hereby authorized to divide the personal estate of said Michael ed to divide D. Vreeland, deceased, as the executors of the said testator are personal esordered to divide the same by his said will, and as they would tate of teshave been authorized by the said will to divide the same, if the

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tator.

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