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H. A. and G. Dawson divorced.

AN ACT to divorce Huldah Ann Dawson from her husband
George Dawson.

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 Huldah Ann Dawson, of the county of Middlesex, be, and she is hereby divorced from her husband George Dawson, and that the marriage contract now existing between them be, and the same is hereby absolutely dissolved. Passed February 17, 1843.

Preamble.

AN ACT to authorize James Long and John H. Scattergood, executors of the last will and testament of John McGowan, deceased, to sell and convey certain real estate.

WHEREAS Samuel Leeds and Harriet his wife, of the county of Burlington, by indenture of bargain and sale, bearing date on the fifteenth day of March, A. D. eighteen hundred and forty-one, and since recorded in the clerk's office of said county, in book Z 3 of deeds, folios 90, &c., did convey to John McGowan, of said county, a lot of land, and the buildings thereon situate, in said indenture particularly described; -and whereas it was agreed between the said parties, at the time of such conveyance, that the said John McGowan should hold the said lot of land, subject to the payment of the mortgages and incumbrances thereon, in trust for the benefit of the said Harriet Leeds and her children;-and whereas the said John McGowan, on the thirteenth day of July, A. D. eighteen hundred and thirty-seven, made his last will and testament in writing, in due form of law to pass real estate, and constituted and appointed James Long and John H. Scattergood to be the executors thereof, with full power to sell and convey all his real estate; and the said John McGowan afterwards departed this life, without hav ing executed any declaration of trust in pursuance of said agreement, and without having republished his said last will and testament, by means whereof the title to said lot of land

became vested in Mary Lippincott, Jane Risden, the wife of Samuel Risden, Hannah Scattergood, the wife of John H. Scattergood, Rebecca Atkinson, the wife of Joseph Atkinson, Harriet Leeds, the wife of Samuel Leeds, Keziah Folwell, the wife of John Folwell, James McGowan, Samuel McGowan, Eliza Ann Long, and Margaret McGowan, the heirs-at-law of said John McGowan, deceased;-and whereas the said Eliza Long and Margaret McGowan are minors, and cannot join in the sale and conveyance of the said lot of land; and all the heirs-at-law of the said John McGowan, deceased, except the said minors, being anxious that a sale thereof should take place as speedily as possible, have, with the said executors, petitioned for legislative aid in the premises;-and whereas William N. Shinn, trustee for the children of the said Harriet Leeds, who holds a mortgage, executed by the said Samuel Leeds and Harriet his wife, upon the said lot of land, to secure the payment of the sum of eight hundred dollars, bearing date on the fourth day of February, A. D. eighteen hundred and forty, hath joined in the said petition, and declared that he is willing to cancel his said mortgage, upon being authorized to receive and hold the balance of the money that may be produced by the sale of the said lot of land, over and and above the amount of the other incumbrances thereon, (including the amount of money due to the executors of the said John McGowan, deceased,) in trust for the benefit of the said Harriet Leeds and her children, according to the agreement made by the said John McGowan; and the prayer of the said petitioners appearing to be just and reasonable-therefore,

Executors authorized to con

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 James Long and John H. Scattergood, executors as aforesaid, and the survivor of them, be, and they are hereby authorized and empowered to sell the aforesaid lot vey real estate. of land at public vendue, to the highest bidder, and to make, execute, and deliver good and sufficient deed or deeds therefor, to the purchaser or purchasers thereof; which deed or deeds, when so executed and delivered, shall convey to, and vest in the said purchaser or purchasers as good and sufficient an estate in and to the said lot of land as the said John McGowan had therein at the time of his death, free and discharg ed of and from the said trust, and also free and discharged of and from the mortgage so as aforesaid held by William N. Shinn, trustee as aforesaid; provided always, that nothing in this act contained shall in any way affect the liens or mortgages of any other person or persons whatsoever.

Balance of pur chase money, how to be disposed of.

Money to be in

terest paid to H. Leeds.

Sec. 2. And be it enacted, That the said James Long and John H. Scattergood, or the survivor of them, be, and they are hereby authorized and empowered to take and receive the purchase money for said land, and, after paying all needful expenses in obtaining this act and in selling said land, and all liens and incumbrances thereon, including the amount due to the said executors, but not the mortgage so as aforesaid held by the said William N. Shinn, then to pay the balance of said purchase money over to the said William N. Shinn, whose receipt shall be a sufficient discharge to them therefor.

Sec. 3. And be it enacted, That the money so received by the said William N. Shinn shall be held by him and his execuvested, and in tors in trust, to invest the same, and pay the interest accruing thereon to the said Harriet Leeds annually, during her natural life, for her own separate use and upon her separate receipt, free from the debts and control of her husband, and, immediately after her death, to pay the said money to and amongst the children of the said Harriet Leeds, born and to be born, share and share alike; and in case of the death of any child of said Harriet, during her lifetime, leaving children, they are to represent their parent, and to take his or her share.

Sale of lands to

Sec. 4. And be it enacted, That the said James Long and John H. Scattergood, or the survivor of them, shall advertise be advertised. the sale of said land, by setting up notices thereof in five of the most public places in the county of Burlington, at least four weeks prior to the day of sale, and by advertisements published, at least once in every week, in a newspaper printed at Mount Holly, for at least four weeks previous to the time appointed for the sale thereof.

Executors to

give bond to ordinary.

Trustee, how

Sec. 5. And be it enacted, That before the said James Long and John H. Scattergood shall proceed to execute the powers and authority vested in them by this act, they shall enter into bond to the ordinary of this state, in the penal sum of two thousand and five hundred dollars, with two good and sufficient sureties, to be approved by the surrogate of the county of Burlington, conditioned for the faithful performance of the trusts reposed in them by this act, and that they will well and truly apply the moneys arising from the sale of the said land in the manner hereinbefore mentioned; and said bond shall be filed in the office of said surrogate; and if the same become forfeited, it shall be lawful for the ordinary to cause the same to be secuted, at the request of any person aggrieved thereby.

pro

Sec. 6. And be it enacted, That in case of the death of the said William N. Shinn, or of his neglect or refusal to act, the case of vacan- orphans court of the county of Burlington shall have full pow

appointed in

cy.

er and authority to appoint another trustee in his stead, who shall have all the powers conferred upon the said William N. Shinn by this act.

Passed February 17, 1843.

A further supplement to "Anact concerning stray cattle, horses, and sheep," passed seventh March, seventeen hundred and ninety-seven.

WHEREAS it has been represented to the Council and General Preamble. Assembly of the state of New Jersey, that the supplement to the act relative to estray cattle, horses, and sheep, passed twenty-eighth February, eighteen hundred and thirty-eight, which requires the township clerk of the different townships in each county to advertise such estrays in a newspaper published in the county, or if none, then in one published in the adjoining county, for the space of three weeks, is of great inconvenience to the inhabitants of the county of Atlantic, by reason of there being no newspaper printed in said county wherein to make advertisement, according to the said supplement-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 the inhabitants of the county of Atlantic be, Inhabitants of and they are hereby declared to be exempt and free from the Atlantic counprovisions of said supplement, and shall be discharged from ty exempt from the force and effect thereof, anything to the contrary in the net. same notwithstanding.

provisions of

Sec. 2. And be it enacted, That this act shall go into effect Act, when to immediately after the passage thereof.

Passed February 17, 1843.

take effect.

Preamble.

Sale of real es

AN ACT to confirm the title to lands sold by Frazee Coles, administrator of the estate of Isaac W. Littell, deceased.

WHEREAS Frazee Coles, as administrator of the estate of Isaac W. Littell, deceased, late of the county of Essex, by virtue of the orders of the orphans court of the said county of Essex, made for that purpose, did, on the fourteenth day of September, A. D. one thousand eight hundred and thirtyeight, sell, at public vendue, to Joseph P. Tooker, since deceased, for the consideration of seven thousand and six hundred dollars, being a full price for the same, the real estate of the said Isaac W. Littell, in the said county of Essex, for the payment of his debts, consisting of a farm, situated in the township of Union, containing about one hundred and twenty-two acres; and did make and deliver to the said Joseph P. Tooker a deed for the said lands, bearing date the nineteenth day of September, A. D. one thousand eight hundred and thirty-eight, which is recorded in book C 5 of deeds, of Essex county, on pages 175, 176, 177;-and whereas it is alleged that the title to the said lands, intended to be conveyed by the said deed, is defective, by reason of certain irregularities in the said orders of the orphans court, and also because the said sale was not reported to and confirmed by the said orphans court, and a good and sufficient conveyance in the law directed by the said court to be made to the said Joseph P. Tooker-for remedy whereof, and in order to legalize the said sale, and confirm the title of the said Joseph P. Tooker, his heirs and assigns, to the said lands, intended to be conveyed by the said deed to the said Joseph P. Tooker,

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 the sale of the real estate whereof Isaac W. Littell, late of the county of Essex, deceased, died seized, made tate confirmed. by Frazee Coles, administrator, &c., of the said Isaac W. Littell, and the intended conveyance thereof to Joseph P. Tooker, by deed of conveyance from the said Frazee Coles, as administrator as aforesaid, to the said Joseph P. Tooker, bearing date the nineteenth day of September, one thousand eight hundred and thirty-eight, be, and they are hereby confirmed and declared to be valid and effectual in law, in like manner and to the same effect as if the orders for the sale of said lands by Frazee Coles, administrator as aforesaid, made by the orphans court of the county of Essex, were legal and valid; and also, as if the report of the said sale, as required by law, had been

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