inability to serve, on the part of any officer elected, the said committee, or a majority of them, shall, by writing under their Vacancies, how hands and seals, appoint a person to fill the vacancy; and in supplied. case they shall fill such vacancy by their own appointment, they shall give personal notice to, or cause notice in writing to be left at the place of abode of the person so appointed of his appointment, within five days after making the same; and also, within that time, transmit an account of such appointment to the clerk of the court of common pleas of said county. Compensation to officers. Township com. mittee to pre pare report. Act, when to take effect. Sec. 9. And be it enacted, That any matters which by neglect or failure shall not be determined upon, and which by law said town meeting is empowered to determine, shall be decided by the township committee or a majority of them; and they shall declare their determination, by resolution, upon such matter, and have the same entered on the town book in which the minutes of the town meeting shall have been kept. any Sec. 10. And be it enacted, That the officers of the board of election and the clerk shall be allowed, for their services in attending every such election, the sum of one dollar, each, to be paid by the township committee out of the funds of the said township; and no officer shall be incompetent to act by reason of his being a candidate for any office to be voted for at such election. Sec. 11. And be it enacted, That it shall be the duty of the township committee to meet before the day of town meeting, and all future town meetings, and prepare a report, as now directed by law; and it shall be the duty of the clerk to attend said meeting of the committee, and to cause said report to be put up, prior to the next town meeting, in hand-bills set up in three or more public places in said township, as said committee may direct; and for which services said clerk shall receive such compensation as the said committee shall determine. Sec. 12. And be it enacted, That this act shall go into operation immediately after its passage. Passed February 23, 1843. AN ACT to authorize the sale of the real estate of Jonathan WHEREAS the widow and children of Jonathan Beach, de- Preamble. ceased, late of the township of Caldwell, in the county of Essex, have represented to the legislature that the said Jonathan Beach, in and by his last will and testament, gave to his wife the use and occupation of his homestead farm, as long as she should continue his widow, and directed that all his out lands, lying partly in the county of Essex, and partly in that part of the county of Bergen which has since been erected into the county of Passaic, should be sold, as soon as might be, without making a sacrifice of the same; that onethird of the proceeds arising from such sale should be safely invested, and the interest thereof paid, annually, to his said wife, during her natural life, and that the remainder thereof, after payment of debts and legacies, should be equally divided among his seven children; and that his daughter, Mary Davenport, should have the use of her share during her life, and that at her death it should go to her children, to be equally divided when they should come of age; and also directed that, at the decease of his wife, his homestead farm should also be sold, and the proceeds applied and disposed of in the same manner as those of his out lands; that the said testator died seized of other lands and real estate in the counties of Essex and Passaic, which he acquired after the making of his said last will and testament; that one of the children of the said testator has died intestate and without issue, and another of the said children is now under age; and that there are doubts whether the executors are authorized or empowered by the said will to make sale of the said real estate, and have prayed the aid of the legislature in the premises-therefore, 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 John Munn, of the township of Bloomfield, Trustees authoin the county of Essex, and Stephen I. Gould, of the township rized to sell real of Caldwell, in said county, be, and they hereby are appointed estate. trustees, with full power and authority to sell all the lands and real estate of which the said Jonathan Beach died seized, at such time or times, and in such manner, as they shall deem most for the benefit of the persons interested therein; provided always, that no part of the homestead farm of the said Jonathan Beach shall be sold without the written consent of his widow, during the continuance of her widowhood; and that Trustee to en the said trustees shall make report, in writing, of every such sale to the orphans court of the county in which the real estate sold is situate, at its next stated term thereafter, for confirmation; and if such sale be confirmed by the said court, the said trustees, or the survivor of them, shall and may execute and deliver to the purchaser or purchasers a deed or deeds for the real estate so sold, which shall transfer to and vest in the said purchaser or purchasers all the right, title, and interest of the said Jonathan Beach, at the time of his death, of, in, and to the real estate so sold and conveyed. Sec. 2. And be it enacted, That the said trustees, before they enter upon the execution of the trust hereby reposed in ter into bond to them, shall enter into bond to the governor of this state, in such the governor. sum and with such sureties as the surrogate of the county of Essex shall direct and approve, conditioned for the faithful performance of the said trust, which bond shall be filed in the office of the said surrogate; and that they shall, within six months after the sale of any part of the said real estate shall be completed, exhibit, under oath or affirmation, to the orphans court count of sales. of the county in which the real estate sold is situate, a just and true account of the said sale, and of the costs, charges, and expense thereof, which account the said court shall examine, adjust, and settle, and the same shall then be filed in the office of the surrogate of the said county; and the said court shall also determine and allow the compensation of the said trustees for the execution of the trust reposed in them by this act, so far as relates to the real estate so sold. To exhibit ac Proceeds of sales, how to Sec. 3. And be it enacted, That it shall be the duty of the said trustees, or the survivor of them, to invest or keep at interest, on good and sufficient security, one equal third part of be disposed of. the net proceeds arising from the sale of the said real estate, after deducting the costs, charges, expenses, and compensation aforesaid, and to pay the income or interest thence arising, annually, to the widow of the said Jonathan Beach, during her natural life; and in like manner to invest or keep at interest, on good and sufficient security, the one equal ninth part of said net proceeds, and pay the income or interest thence arising, annually, or oftener, to the said Mary Davenport, during her natural life, and, after her decease, to pay to each of her children his or her equal share of such income or interest, until he or she shall attain to the age of twenty-one years, and to then pay to him or her his or her equal share of the principal, and to divide the residue of the said net proceeds equally among the other five children of the said testator, according to and in pursuance of the provisions of the said last will and testament; and, upon the death of the widow of the said Jonathan Beach, to dispose of and apply the one-third part of said net proceeds, directed to be invested or kept at interest for her Passed February 22, 1843. A supplement to the act entitled, "An act directing bills of exceptions to be sealed," passed the seventh day of March, seventeen hundred and ninety-seven. 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 whenever any bill or bills of exceptions Bills of excepshall have been duly prayed and sealed, upon the trial of any tions not to be issue or issues out of the supreme court, at any circuit court waived or relinquished on aphereafter to be held in this state, it shall and may be lawful for plication for the party who has prayed such bill or bills, to move, at the bar new trial. of the supreme court, for a new trial upon any matters of law mentioned or contained in, or arising upon the said bill or bills of exception, without being required to waive or relinquish such bill or bills; and if, after argument at the bar of the supreme court, a new trial shall be refused by that court, on the grounds mentioned or contained in such bill or bills of exception, or upon the matters of law arising thereon, the party having such bill or bills of exception shall have the benefit of such exceptions upon a writ of error, in the same manner as he might have had if no application had been made to the supreme court for a new trial upon the matters mentioned or contained in such bill or bills of exception. Sec. 2. And be it enacted, That this act shall take effect Act, when to and be in force immediately after the passage hereof. Passed February 23, 1843. take effect. AN ACT to divorce Sarah Tomlinson from her husband David 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 Sarah Tomlinson, of the county of Salem, be, and she is hereby divorced from her husband David B. Tomlinson, and that the marriage contract now existing beand D. B. Tom- tween them be, and the same is hereby absolutely dissolved; provided however, that nothing herein contained shall be construed or taken to render the issue of said marriage illegiti S. Tomlinson linson divorced. mate. Passed February 23, 1843. Preamble. A further supplement to an act entitled, “An act to regulate elections." WHEREAS the act to which this is a supplement is, by the inspectors of elections in various parts of this state, differently construed with respect to the tax necessary to be paid to entitle persons to vote at such elections-therefore, 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 so much of the law as relates to the tax Amount of tax required to be paid by persons offering to vote, shall be so to be paid. construed as to mean the whole tax assessed against such person, in the ward, township, or borough where such person resides at the time of the assessment of such tax, except the road tax, in those townships where it is separately assessed. Passed February 23, 1843. |