AN ACT to provide for the appointment of street commission... ers in the township of Paterson.

missioners,

Powers and

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 Street comthe persons qualified to vote at town meetings in the township how appointof Paterson, in the county of Passaic, in this State, at the next cu. and every subsequent annual town meeting in said township, to elect for said township, by a plurality of votes, five street commissioners, who shall be freeholders and residents in said township, whose duty it shall be to make, establish, and enforce all such rules, ordinances, and regulations as they, or duties. a majority of them, shall think proper and necessary for preventing the encumbering or obstructing the streets and sidewalks within the limits of " the Paterson Fire Association, in the said township; for preventing or regulating the running at large of dogs and swine therein; for abating or removing any nuisance in any of the said streets, or upon any lot or enclosure within the limits aforesaid; for regulating the vending of meats and vegetables, and for such other purposes as the comfort and convenience of the citizens and travellers upon said streets may require; and to enforce the observance of such rules, ordinances, and regulations, by uniform penalties for the violation thereof, by fines, not exceeding twenty-five dollars, or by imprisonment, not exceeding twenty days, for every repetion of the offence; which fines may be recovered, with costs of suit, in an action of debt, in the corporate name of said township, for the use of the township, before any justice of the peace within said county; in which action the first process shall be by summons, and in which it shall be lawful to declare generally in debt for such penalty, and to give the special matter in evidence: and further, that it shall be lawful for such justice before whom judgment of imprisonment shall be given to carry such judgment into effect by warrant of commitment, under his hand and seal, directed to the keeper of the common jail of the county, which is in said township, who shall receive and keep the prisoner at the expense of said Provise township; Provided always, that each and every rule, ordinance, and regulation, so made and established as aforesaid, shall be published for the space of one week in printed handbills, set up in public places in and about said township, and in the newspapers published therein, before the same shall go into effect; and provided also, that no rule, ordinance, or

Fines how collected.

Inhabitants

'to be legal witness, &c.

regulation shall be made which will prevent farmers' wagons, or other vehicles from the country, with wood or the products of their farms, from stopping with the same along the sides of said streets, except upon the established crossings thereof.

Sec. 2. And be it enacted, That upon the trial of any of township, issue, or upon the judicial investigation of any fact, under this act, no person shall be deemed an incompetent witness or juror by reason of his or her being an inhabitant within the said township: and it shall be lawful for the defendant or defendants, in any suit instituted under this act, to plead the general issue, and to give any special matter in evidence at the trial.

take effect.

Sec. 3. And be it enacted, That this act shall go into operation on the second Monday in April next, provided a Act when to majority of the legal voters, at the town meeting to be held on that day in said township of Paterson shall signify their approval thereof by placing upon the ballots containing the names of the street commissioners for whom they shall vote, the words, "In favor of street commissioners" and if it shall appear that less than a majority of said voters shall have expressed their approval of this act in manner aforesaid, ther the same shall be null and void.

Passed March S, 1844.

Widow au

thorized to

make deed.

AN ACT to authorize Maria Fraser, widow and guardian of the children and heirs at law of John Fraser, deceased, to sell and convey certain real estate.

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 Maria Fraser, widow and guardian of the children and heirs at law of John Fraser, late of Jersey City, deceased, be, and she is hereby authorized and empowered to make a deed of conveyance unto the New Jersey Railroad and Transportation Company, their successors and assigns, for lot number twenty-five, in Mercer street, Jersey City, for the consideration of three thousand dollars, which lot was

conveyed by George E. Grenzeback and wife, to the said John Fraser, by deed bearing date the first day of June in the year eighteen hundred and forty-two..

Sec. 2. And be it enacted, That the principal money so received by the said Maria Fraser, shall be held by her for the benefit of the heirs of the said John Fraser, deceased, and To account descend as real estate, and the said Maria shall account for the said money the same as all other monies received by her from the said estate as guardian.”,

Sec. 3. And be it enacted, That the said Maria Fraser shall, before executing said deed, enter into bond with sufficient security to the Governor of this state, which bond shall be approved by the Surrogate of the county of Hudson, and filed in his office.

Passed March 8, 1844.

for monies received.

To give bond..

AN ACT in aid of, and to confirm certain conveyances agreed to be made by Thomas C. Doremus, David Banks, and Bern W. Budd, in execution of a trust therein named.

WHEREAS, it is represented to the legislature that John Budd and Sarah his wife, afterwards the wife of John Scott, all formerly of the county of Morris, now deceased, were seized in fee of a tract of land in said county of Morris, containing sixteen hundred and eighty acres more or less, formerly known by the name of the Budd or long valley tract, but at this time called the Dutch or German Valley tract, which tract of land by divers descents, devises and conveyances became vested in fee in the heirs and descendents of the said John Budd and Sarah Scott, or one or both of them, which heirs and descendents by several deeds of conveyance, granted and conveyed to William S. Pennington, esquire, of the county of Essex, all their estate, right, title and interest, in and to the said tract of land in trust, to dispose of the same for their mutual benefit, according to the proportions and provisions set forth and contained in said deeds of conveyance, as by reference thereto will more fully appear and whereas, it is further represented to the legislature, that the said William S. Pennington, hath since

Preamble.

Desds by

valid.

died without having executed the said trust, and that thereby the title of said tract of land descended to one James A. Pennington, his heir at common law:-and whereas, it is further represented that the said James A. Pennington, by the request of the aforesaid heirs and descendants, by his deed bearing date the thirteenth day of September in the year of our Lord eighteen hundred and thirty-eight, conveyed unto Thomas C. Doremus, David Banks and Bern W. Budd, the aforesaid tract of land upon and subject to the same trusts as the same was held by the said William S. Pennington, in his lifetime:-and whereas the said Thomas C. Doremus, David Banks and Bern W. Budd, as such trustees as aforesaid, by their agreement in writing bearing date the twenty-seventh day of January, eighteen hundred and forty-four, have agreed to sell and convey the aforesaid tract of land, (except a certain farm, parcel thereof, heretofore conveyed to Aaron Howell,) to Daniel Dilts, David W. Miller, William Neighbor, Jacob Kearns, Frederick Swackhammer, David Swackhammer, William Wack, John J. Dufford, Philip Philhower, Adam Huffman, Samuel G. Huffman, George Wack, William H. Sherwood, Cornelius Voorhees, John Miller, Joseph Nevius, Ebenezer K. Sherwood, Jacob W. Neighbor, Ephraim Marsh and William Dellicker, Robert Hampton, the heirs at law of Jacob Dufford, Jacob Welsh, and Isaac Verselius, persons in the actual occupancy and possession of the same, by themselves or their tenants :-and whereas, it is further represented that the parties interested in said frust, will be greatly benefitted by the said agreement being carried into effect, but that doubts have been suggested as to the rights and power of the said Thomas C. Doremus, David Banks, and Bern W. Budd, to sell and convey the said land so as to make a complete title to the purchasers thereof and the aid of the legislature being prayed 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 anthority of the same, That the deeds of conveyance which shall be executed by the said Thomas C. Doremus, David trustees innde Banks and Bern W. Budd, in pursuance of, and to the persons named in the said agreement, or to such other person or persons as they may direct, shall be valid and effectual in law, and shall be taken, held and deemed to vest in the purchasers or grantees named in such deed or deeds, their heirs and assigns, all the estate, title and interest whatsoever at law or in equity, which the said several heirs and descendents of said John Budd and Sarah his wife, afterwards Sarah Scott, or

either of them, conveyed to said William S. Pennington in trust, as aforesaid or which any or either of them had at the time of the date of the respective conveyances thereof to said William S. Pennington, or which any person or persons, claiming by, from, or under them, or either of them, then had, or now have, of, in or to the said tract of land before mentioned, now known by the name of the Dutch or German Valley tract, and to every part thereof, with the remainder and remainders reversion and reversions thereof, with the appurtenances, and also, all the estate, title and interest which by the aforesaid several conveyances to said William S. Pennington, vested in him, or which by reason of his death descended to his heirs or heir at law; provided, that nothing herein contained shall be held to affect the title of any person or persons claiming Proviso. the said tract of land or any part thereof, otherwise than under the said John Budd and Sarah Scott, formerly wife of said John Budd, or the heirs, devisees or descendants of them or of either of them.

Passed March 8, 1844.

A further supplement to the act entitled, "An act to erect parts of the counties of Essex and Bergen, into a new county, to be called the county of Passaic, and the eastern part of the county of Gloucester, into a separate county, to be called the county of Atlantic.”

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 said act as provides for holding courts of common pleas, courts of general Part of forquarter sessions of the peace, and orphans' courts, in the repealed. county of Atlantic, on the fourth Tuesday of July, and the third Tuesday of December, be, and the same is hereby repealed.

Passed March 11, 1844.

mer act