1. That there is a debt or demand, founded upon contract express or implied, due to the plaintiff from the defendant, specifying the nature and particulars of said debt or demand, and that the defendant is about to remove any of his property out of the jurisdiction of the court in which an action is about to be commenced, with intent to defraud his creditors. Or

2. That the defendant has property or rights in action. which he fraudulently conceals.

5. That he has assigned, removed, or disposed of, or is about to assign, remove, or dispose of any of his property with the intent to defraud his creditors.

That then it shall be the duty of the justice or commissioner, before whom such proof of all or any of the said particulars shall have been made, to make an order to hold the defendant to bail in such sum as shall be sworn to by the plaintiff or his agent, to be due to the plaintiff from the defendant, and upon such order being made, and upon filing such affidavits in the office of the clerk of the court, wherein the action is about to be commenced, a capias ad respondendum may be issued according to law as heretofore.

Sec. 2. And be it enacted, That the writ of capias ad satis faciendum shall not henceforth be awarded or issued upon. any judgment founded upon contract, express or implied, except

1. Upon satisfactory proof being made before a Justice of the Supreme Court, or a commissioner to take bail and affidavits in said court, to be certified by such justice or commissioner, and filed as aforesaid, establishing the particulars specified in either of the subdivisions of the first section of this act. Or

2. That the defendant has rights or credits, moneys or effects, either in his own possession or in the possession of When writs any other person or persons to his use, of the value of fifty of capias ad dollars or over, which he unlawfully and unjustly refuses satisfaciendto apply in payment of such judgment.

Sec. 3. And be it enacted, That no warrant to arrest the body of any defendant shall henceforth be issued out of any court for the trial of small causes in this state, in any action of debt, or other action founded upon contract, express or implied, except upon due proof, on oath or affirmation, made before a Justice of the Peace of any county in this state, establishing to the satisfaction of such justice, the particulars named in either of the subdivisions of the first section of this act, and upon making such proof it shall be the duty of such justice to make an order for the issuing of a warrant against the defendant, and upon filing

um may issue.

When execu.

tion to arrest

the body of any defend ant may issue.

Shares or

interest in

Banks, &c.

such order with any justice of the peace, a warrant may be issued as heretofore.

Sec. 4. And be it enacted, That no execution to arrest the body of any defendant shall henceforth be issued out of any court for the trial of small causes in this state, in any action of debt, or other action founded upon contract, express or implied, unless the plaintiff or plaintiffs in such action shall, before the same be issued, make satisfactory proof of the particulars named in either of the subdivisions of the

first section of this act.

Or

2. That the defendant has rights or credits, moneys or effects, either in his own possession or in the possession of any other person or persons to his use, of the value of ten dollars or over, which he unlawfully and unjustly refuses to apply in payment of such judgment; and upon making such proof to the Justice of the Peace by whom such judgment may have been rendered, execution against the body of such defendant may be issued as heretofore.

Sec. 5. And be it enacted, That any share or interest of the defendant, in any bank, insurance company, or other joint stock company, that is or may be incorporated under may be taken the authority of this state, may be taken and sold under the writ of fieri facias, in the same manner as in the case of goods and chattels.

and sold.

Officers of

Sec. 6. And be it enacted, That the clerk, cashier, or other officer of such company who has at the time the custody of the books of such company, shall, upon exhibiting to him stock compa- of the writ of fieri facias, be bound to give to the officer nies to give certificates of having such writ, a certificate of the number of shares, or amount of amount of the interest held by the defendant in such comstock held by pany, and if he shall neglect or refuse so to do, or if he defendant. shall wilfully give a false certificate thereof, he shall be liable to the plaintiff for double the amount of all damages Penalty for occasioned by such neglect, or false certificate, to be recovered in an action on the case against him.

refusal.

Sec. 7. And be it enacted, That the provisions of this act Provisions of shall not extend to proceedings as for contempts to enforce this act not to civil remedies, nor to actions on promises to marry, or moneys collected by any public officer, or for any misconduct or neglect in office.

extend to

certain cases.

Passed March 9, 1842.

AN ACT to incorporate the Moorestown New Jersey Beneficial Society.

WHEREAS, a number of the inhabitants of Moorestown and its vicinity, in the county of Burlington, have formed themselves into an association or society, to which they have given the name of The Moorestown New-Jersey Beneficial Society;" the object of which is to create a fund, to be applied towards the relief or support of such of the members thereof as shall, by sickness or bodily Preamble. infirmity, or other cause, be rendered incapable of attending to their usual occupation or calling; and, also, towards the decent interment of deceased members, or the deceased wives of members; AND WHEREAS, it is believed an act of incorporation will promote the object of the society, and add to the security of its property; and the said society having by petition presented to the legislature, prayed to be incorporated ;-Therefore,

Names of

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 Moses Hammill, John Perkins, Jacob Haines, Joseph Venable, Thomas D. Kimble, David Heaton, Sam-corporators. uel Jones, Samuel Wisham, John Groom, and all other persons, not exceeding at one time five hundred, as now are or shall hereafter become members of said society, be and they are hereby ordained, constituted and declared a body corporate, in fact and in law, by the name, style and title of "The Moorestown New-Jersey Beneficial Society," Style of inand by that name they and their successors shall have con- corporation. tinued succession, and be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts of law and equity whatsoever, in all manner of Powers. actions, suits, matters, complaints and causes whatsoever; and that they and their successors may have and use a common seal, and shall have power to change and alter the same at pleasure; and by their name aforesaid, and under their common seal, may make and enter into, form and execute any contracts or agreements relating to, touching or concerning the objects of the said corporation.

elected.

Sec. 2. And be it enacted, That for the more effectual accomplishment of the objects of the said incorporation, there Officers how shall be a president, vice-president, secretary, assistant secretary, treasurer, four stewards, an investigating com

What real & personal estate Society

may hold.

Proviso.

May make and adopt constitution

mittee of three, two messengers, and such other officers and assistants as shall be deemed necessary, all of whom shall be elected by ballot, by a majority of the members present at such election, at such times and places as the said corporation shall, by their constitution and by-laws, from time to time, appoint and direct.

Sec. 3. And be it enacted, That the estate and property, of what kind soever the same may be, now held by the said society, shall be vested in the body corporate and politic, hereby created, which said body politic and corporate shall, by the name and title aforesaid, be able and capable in law to purchase, receive, take, hold and convey, for the use and benefit of said society, and for the purposes expressed in the preamble of this act, any lands, tenements, hereditaments, and any sum or sums of money, rights, goods, securities and chattels, by gift, alienation, devise, bequest or otherwise, of any person or persons, bodies corporate or politic, legally authorized to make the same; provided, that the clear yearly income or value of the real and personal estate of said incorporation, shall not exceed the sum of one thousand dollars.

Sec. 4. And be it enacted, That the said corporation be and they are hereby authorized and empowered to make, adopt and use, and from time to time alter, amend or change, and by laws. as by them may be deemed expedient, such general form of a constitution, and such by-laws, for the transaction of business, and for effecting the purposes of the society aforesaid, as to the members, or a majority of the members present duly met, shall be deemed right and proper; provided, that nothing in the said constitution and by-laws be repugnant to the constitution or laws of the United States or of this state.

Proviso.

of incorporation.

Sec. 5. And be it enacted, That the sole and exclusive objeet of the society hereby incorporated, shall be the relief Sole objects of its respective members when sick or disabled by bodily infirmities, from pursuing their ordinary avocations, the payment of the expenses incident to the decent interment of deceased members, or the deceased wives of members, as provided in the constitution and by-laws of said society, and such other necessary expenses as shall accrue, by carrying into effect the objects set forth in the preamble, and in this and the foregoing sections of this act.

altered or

Sec. 6. And be it enacted, That it shall be lawful for the Act, may be legislature of this state, at any time hereafter, to amend, repeal or modify this act, as they shall think proper. Passed March 10, 1842.

vepealed.

AN ACT for the relief of Aaron Camp, of the county of Essex.

Pension to

BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the treasurer of this state, for the time being, shall and he is hereby authorized and required to pay Aaron Camp, of the aforesaid county, a soldier in the service of the United A. Camp of States in the revolutionary war, or to his order, the sum of $40 per ann. forty dollars per annum, to be paid to the said Aaron Camp, in half-yearly payments, from the passing of this act, during the lifetime of the said Aaron Camp, the first payment to be made on the passage of this act; and the receipt of the said Aaron Camp, or his order, shall be a suflicient voucher to the treasurer, for such sums as he may pay by virtue of this act, in the settlement of his accounts. Passed March 10, 1842..

AN ACT to authorize the enclosure of a certain Tract of Woodland in the townships of Ewing and Lawrence, in the county of Mercer.

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 it shall and may be lawful for the owners and pos- Boundartes sessors of all that tract of woodland, situate, lying and being of land auin the townships of Ewing and Lawrence, in the county of thorized to Mercer, known by the name of the Five Mile Woods," be enclosed. being butted and bounded as follows, viz: on the south by lands of Ralph Laning; on the east by lands of John Smith, Charles Reeder, and others; on the north by lands of Ephraim Scudder, and others; and south-west by lands of Elias Welling, John Hendrickson, and others; to fence the same in common, and to erect and maintain such swing gates as they may deem proper; and that from and after the enclosing the same as aforesaid, no person or persons whatsoever shall drive or let in any horses, cattle or sheep, with intent to let them run at large in said tract; provided,