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ized to build

dock.

AN ACT to authorize the United States to build a dock on the shore of the Nevisink River, and to construct a road therefrom to the Light houses on the Highlands.

Sec. 1. BE IT ENACTED by the Council and General As. S. author- sembly of this State and it is hereby enacted by the authority of the same, That it shall and may be lawful for the United States, or any person or persons employed by them for that purpose, at any time hereafter, to erect, build, and maintain a dock or wharf, on the north side of the Nevisiuk river, in the county of Monmouth, near the Light houses on the Highlands of Nevisink, and to open, construct, maintain and keep in repair, a road or way, not to exceed twenty feet in width, from the said dock or wharf to the said Light houses; and that it shall and may be lawful for the keepers of the said Light houses, and the agents of the United States to land upon the shore, at the said wharf, or dock, with all such articles as may be necessary, and to transport the same over the said road or way to the said Light houses; which said dock or wharf, when built, and the said road when laid out, shall for ever remain and be, for the exclusive use of the United States, and the agents of the United States, having occasion to go and come, and to transport articles to and from the said Light houses; provided, the United States shall make reasonable compensation to the owner or owners of the land for the same; and shall erect and maintain a good and lawful fence upon the said road, in case the said owner or owners, shall, by notice, in writing require the same.

Proviso.

with owners of land.

Sec. 2. And be it enacted, That in case the person or persons so employed by the United States, cannot agree with Proceedings the owner or owners of the said land, as to the place where in case agents the said wharf, or dock, shall be built, and the said road laid cannot agree out, or upon the amount of compensation to be paid for the same, it shall and may be lawful for the person or persons so employed, or the owner, or owners of the said lands, to apply to one of the justices of the Supreme court of this state, having given six days notice of such application, to the opposite party, and the said Justice shall thereupon appoint three disinterested and judicious freeholders, residents of the said county of Monmouth, which said freeholders having first. severally taken and subscribed an oath or affirmation, before some person duly authorized to administer the same, faithfully to examine the matter in question, and to act impartially in the premises, and ascertain and assess the compensa

tion and damages to be paid by the United States, to the owner or owners of the said lands, by reason of the building of the said dock, or wharf, and for the use of the said road, or way, according to the best of their skill and understanding, and having given to the said owner or owners of the said lands, and to the person or persons so employed, five days notice of the time and place of meeting, shall proceed to examine the premises, and upon their own view, fix and designate the place where the said dock, or wharf shall be built, and where the said road, or way shall be laid out, and opened, and shall survey and lay out the said road or way, and ascertain and assess the compensation and damages, aforesaid, and shall make report thereof, in writing, under their hands, together with a map of the said road, or way, particularly describing the location of the said dock or wharf, the courses and distances of the said road, or way, and the amount to be paid as aforesaid; which report of the said freeholders or a majority of them, shall be filed within five days thereafter, in the office of the clerk of said county, and, as between the said parties, shall be final and conclusive, and the amount so assessed and reported, shall be paid to the said owner, or owners of the said lands, within ten days after the filing of the said report, and upon default of such payment, any person or persons, entering upon the said lands, for the purposes aforesaid, shall forfeit all his, or their right of entry, given by this act, and shall be taken and considered as guilty of trespass, in like manner as if this act had not been passed.

Sec. 3. And be it enacted, That if any person or persons shall wilfully injure or destroy the said dock or wharf, or obstruct the said road, or way, such person or persons so offending, shall severally forfeit and pay the sum of one hundred dollars, with costs of suit, to be sued for, and recovered by any person who shall first sue for the same in any court having cognizance thereof; one half thereof for the use of the said prosecutor, and the other half to be paid to the collector of the said county, for the use of the said county, and shall, also, be liable to pay the amount of damages thereby sustained, to be recovered with costs of suit, in an action on the case, in the name and for the use of the United States of America, in any court of competent jurisdiction; provided, that nothing herein contained, shall prevent the owner, or owners and possessors of the said land, from hanging swinging gates upon the said road, or way, wheresoever the same may be necessary, or from passing upon the said road, or crossing the same with his, or their teams, or otherwise passing from one part of his, or their said lands to another.

Penalty for

injuring dock

Proviso.

Sec. 4. And be it enacted, That this act shall go into Act when to effect immediately after the passage thereof.

take effect.

Passed February 20, 1844.

Preamble.

AN ACT to confirm the last will and testament of Maria Remson, late of the city of New York, in the state of New York, deceased.

WHEREAS, it appears, among other things, from the petition of Jane Brinkerhoff and others, of the city and state of New York, that Mrs. Maria Remson, late of said city and state of New York, deceased, departed this life at her residence in said city of New York, on or about the thirteenth day of March 1843, having first made and executed in the said city of New York her last will and testament in writing in the presence of two subscribing witnesses only, which is sufficient to pass real estate in said state of New York, but not sufficient to pass real estate in New Jersey; and it appearing by the said will, among other things, that part of said real estate of said testatrix is situate in the state of New York, and part in the state of New Jersey; and, also, that the said testatrix, in and by her said will devised, among other things, as follows: Item. "It is my will that the farm belonging to me at Monmouth, New Jersey, now in the occupation of my sister-in-law, Catherine Brinkerhoff, may be taken at a fair cash appraisement by the children of my deceased brother, Abraham, in part of their proportion of my estate;" and it appearing that the said will has been duly proved in the said state of New York, and also to be reasonable and just that the intentions of the said testatrix should not be defeated, so far as they relate to her real estate in New Jersey-therefore,

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 said last will and testament of the said Maria Remson, deceased, late of the city and state Remson con- of New York, bearing date the seventh day of January, A. D. eighteen hundred and forty two; and the several bequests and devices therein contained, shall be, and the same are

Will of M.

firmed.

hereby delared as good, valid, and effectual in the law, to all intents and purposes, as if the said will of Maria Remsen had been executed, signed, sealed, published, and declared in the presence of three subscribing witnesses, in the manner prescribed by law.

Passed February 20, 1844.

AN ACT to authorize Catharine Layton, Administratrix of John Layton, late of the county of Somerset, deceased, to execute a contract made by said John Layton in his lifetime, for the sale of land.

WHEREAS, it is represented by the petition of Catharine Layton, widow of the said John Layton, deceased, and administratrix of his estate, that he, the said John Layton, a short time previous to his death, sold a lot of land of about four acres situate in the township of Bernards in the said county of Somerset, to one Benjamin H. Lane, for the sum of fiftynine dollars and thirty-six cents, and also, a house and lot of land of about seven acres, situate in the same township of Bernards, to one John Dowe, for the sum of one hundred and fifty dollars, and that the said John Layton, by virtue of the said bargain of purchase and sale, delivered the session of the said lots, to the said Lane and Dowe, and received from them a part of the consideration money; and the said Catharine praying the aid of the legislature in the premises, by passing a law, authorizing her, as administratrix, to execute good and sufficient deeds in law, to the purchasers, and the prayer of the said Catharine, appearing reasonable and just, THEREFORE

pos

Preamble.

authorized

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 Catharine Layton, executrix of the estate of John Layton, late of the county of Somerset, deceased, be, Execution and she is hereby authorized to make, execute and deliver to to execute the said Benjamin H. Lane and John Dowe, good and suffi- contract. cient deeds of conveyances, in fee simple, for the said lots of land; which said deeds duly executed, shall convey to, and vest in the grantees therein named, all the estate, right, title

and interest of which the said John Layton, died seized, in, and to the same, as fully and effectually, as if the said deeds had been duly executed by the said John Layton in his lifetime. Passed February 28, 1844.

Stewards au

sell lands.

AN ACT authorizing the sale of the Parsonage lot of the
Methodist Episcopal Church, at Asbury, Warren
County.

Sec. 1. BE IT ENACTED by the Council and General Assembly of this state. and it is hereby enacted by the authorized to thority of the same, That E. W. Cummins, Jesse L. Fritts, Thomas Hilton, Daniel Stires, Isaac Fangboner, Matthias Brakely and Gershom Rusling, the present stewards for the Asbury Circuit, of the Methodist Episcopal Church, in the counties of Warren and Hunterdon, and State of New Jersey, are hereby authorized and empowered to sell at public sale, and convey in fee simple or otherwise, the parsonage lot belonging to the Methodist Episcopal Church of the Asbury Circuit, situate, lying and being in Asbury, in the county of Warren, adjoining lands of Isaac Smith, Thomas Schureman, Esqs., and others, containing three acres, or such part thereof as they think proper, at public sale, which conveyance so made and executed by the above named stewards, their successors, or a majority of them, shall vest in the purchaser or purchasers, all the estate, right and title, which the said stewards now have, or which any other person or persons have in, and to the same, by virtue of a deed of conveyance from Dr. John P. B. Sloan, and Keturah his wife, and Gershom Rusling and Eliza his wife, to William McCullough, William Godly, William Monroe, Jeremiah Hoff, Ruben Lee, Wilson Bray and Peter Kimple, the former stewards of the said, the Asbury Circuit, which deed is dated on the twenty-first day of February, in the year of our Lord eighteen hundred and twenty-eight, and recorded in the Warren county clerk's office, in book No. 6 of deeds, folio 485.

Interest vested in par

ehaser.

Sec. 2. And be it enacted, That the said deed or deeds, to the purchaser or purchasers of the said premises, or any part thereof, executed as in the preceding section directed, shall vest

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