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A further supplement to the act entitled "An act for the

better regulation of actions of replevin," passed the 19th of March, 1795. .

Sec. 1. BE IT ENACTED, by the Council and General No costs in jugment by Assembly of this Slale, and it is hereby enacled by the andefault. thority of the same, That in all actions of replevin, where

the defendant or defendants do not appear or make defence, but suffer judgment to be entered by default, the property having been re-delivered, there shall be no judgment rendered for damages or costs; and the plaintiff in such action, may be at liberty to suggest that fact upon the record, and enter a discontinuance of his said action, without costs, except in case of demand being made in writing, prior to the commencement of the action, the defendant shall have refused to make deliverence of the property.

Sec. 2. And be it enacted, That in all actions upon reCosts in ori- plevin bonds, it shall be the duty of the court, or jury, as the ginal action case may be, to include the costs taxed in the original action, part of dam

as part of the damages to be assessed therein, independent of ges.

the amount ascertained to be due to the landlord or other defendent in the original action, upon which, judgment may be rendered and execution issued accordingly.

Sec. 3. And be it enacted, That this act shall take effect Aet when to take effect. and have operation immediately after the passage of the

same.

Passed March 11, 1844.

A SUPPLEMENT to the act entitled "An act to prescribe the

time and manner of holding elections for representatives in Congress from this state,” passed November 10th, 1842.

Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the author.

ily of the same, That this state shall be divided into five districts for the election of members of the house of representa

Congressiontives, and that the counties of Cape May, Cumberland, Salem, al distriots. Gloucester and Atlantic, shall compose one district, to be called “The First District;" the counties of Burlington and Monmouth, shall compose one district, to be called “ The Second District;" the counties of Mercer, Hunterdon, Somerset and Middlesox, shall compose one district, to be called * The Third District;" the counties of Warren, Sussex and Morris, shall compose one district, to be called “ The Fourth District," and the counties of Essex, Hudson, Bergen and Passaic, shall compose one district, to be called “The Fifth District ;" each of which districts shall elect one person to represent this state in the house of representatives of the Cnited States. Sec. 2. And be it enacted, That the first section of the lart.

er act repealact to which this is a supplement, be, and the same is hereby ead." repealed.

Passed March 12, 1844.

Part of form

A SUPPLEMENT to the act entitled "An act incorporating the

inhabitants of townships, designating their powers, and regulating their meetings,” passed the 21st of February, 1798.

e and clerks

be allowedhe several te uthe members en acted by the authors:

Sec 1. BE IT ENACTED by the Council and General Ass sembly of this state, and it is hereby enacted by the author: Pay of town. ity of the same, That the members of the township com- ship Commitmittee of the several townships of this state, shall hereafter' be allowed and paid one dollar per day each, and the clerk of the several townships as aforesaid shall be allowed and paid one dollar and fifty cents per day, by their respective townships, for the services rendered in performing their several township duties required of them by law.

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

Passed March 12, 1844.

An Act to prevent and punish frauds by public officers

Sec. 1. BE IT ENACTED by the Council and General Asrevalls for sembly of this State, and it is hereby enacted by the authority misdemeanor. of the same, That if airy person holding an office of trust

and profit, under the authority of this State, shall hereafter embezzle any of the money, property or securities, committed to his keeping, with intent to defraud the State, or any county thereof, any city borough, township, body corporate, any person or persons, or shall fraudulently dispose of the same, he shall be deemed guilty of a high misdemeanor; and upon conviction thereof, shall be liable to a fine not exceeding five thousand dollars, or imprisonment at hard labor not exceeding five years, or both, at the discretion of the court before whom such conviction shall be had.

Sec. 2. And be it enacted, That from and after the passing Transferi of of this act, all conveyances and transfers of property, whether property by real or personal, made by any person holding, or who has odicers guilty held, any office of trust and profit, under the authority of this be void

" State, and who, while such officer, embezzled any of the

money, property, or securities committed to his keeping, with intent to defraud the State or any county thereof, any city horough, township, body corporate, or any person or persons or fraudulently disposed of the same, and all mortgages and liens by judgments confessed, or other liens upon said property, voluntarily given by such officer, whether upon valuable con

sideration or not, shall be deemed as against this State, to be Proviso.

fraudulent and void in law; Provided, that nothing in this act contained, shall be taken to effect the rights of an innocent bona fide purchaser, mortgagee, or judgment creditor, for full value, without notice, that said officer has so embezzled, or made such fraudulent disposition of money, property or securities, committed to his keeping, as aforesaid.

Sec. 3. And be it enacted, That this act shall go into effect take effect. immediately after the passage thereof,

Passed March 12, 1844.

À SUPPLEMENT to the act entitled "An aet respecting ap

prentices and servants.”

not void on

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of masters.

Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority Indentures to of the same, That no indenture heretofore made in pursu- plurality of ance of the act to which this is a supplement, shall be ad. masters made judged or held to be void, merely for that such indenture is made to several persons constituting a firm or co-partnership, but that all such indentures, being in other respects legal, shall be demed and held valid and effectual in law; Provided nevertheless, that nothing herein contained shall be so con. strued as to render valid any indenture of apprenticeship inade to any incorporate company.

Sec. 2. And be it enacted, That in all cases of an inden- Indentures ture under and in pursuanee of the act aforesaid, whereby an not voi

" death of one apprentice or servant is bound to serve several persons, con of stituting a firm or co-partnership, and one or more of such persons, shall die before the expiration of the term of apprenticeship or service mentioned in any such indenture, then that the covenants and agreements contained therein, on the part of the parent or guardian of such apprentice or servant, and on the part of such apprentice or servant, shall accrue and be performed to the survivors or survivor, and such survivors or survivor shall perform and fulfil to the apprentice or servant, all the covenants and agreements contained in any such indenture, on the part of the persons to whom such apprentice shall be bound, to be performed, fulfilled and kept.

Sec. 3. And be it enacted, That this act shall take effect Act when to immediaiely upon the passage thereof.

take effect. Passed March 12, 1844.

A SUPPLEMENT to an act entitled "An Act for the better

regulation of actions of replevin, passed March nineteenth, seventeen hundred and ninety-five."

Sec. 1. Be it ENACTED by the Council and General Jury to dee

ne how Assembly of this state, and it is hereby enacted by the autermine how costs are to thority of the same, That in all actions of replevin, for goods be paid. and chattles taken in distress, hereafter to be brought in any

of the courts of this State, the jury trying the same, or to whom the question of damages shall be submitted, shall determine by their verdict whether the plaintiff or defendant shall pay the costs of the suit, or whether each party shall pay his

own costs. Act when to Sec. 2. And he it enacted, That this act shall go into operatake effect.

tion immediately after the passage thereof.

Passed March 13, 1844.

AN AOT to divorce Eleanor Boyle, from her husband, John

Boyle.

** Sec. 1. BE IT ENACTED by the Council and General As

sembly of this state, and it is hereby enacted by the authorHleanor and ity of the same, That Eleanor Boyle of the county of MonJohn Boyle mouth, be, and she is hereby divorced from her husband, John divorced.

Boyle, and that the marriage contract, heretofore existing be

tween them, be, and the same is hereby absolutely dissolved ; : Propiso.

provided, however, that nothing herein contained shall be construed or taken to render the issue of said marriage illegitimate.

Passed March 13, 1844,

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