with the standard in my keeping, and will, in all respects truly and faithfully discharge and execute the trust reposed in me to the best of my ability and capacity. So help me God.

Which said oath (or affirmation) shall be administered by any justice of the peace, in the presence of not less than two members of the board of chosen freeholders of said county, and filed by said clerk in his office.

Sec. 3. And be it enacted, That the clerk or sealer of weights and measures in every county of this State, shall post up a notification in writing, by setting up three advertisements in each township thereof, on the first day of Clerk to give notice of time March next, and on the same day every seventh year of sealing. thereafter, or shall cause such notification to be published at least four weeks successively in one or more newspapers printed and published in said county requiring all and every person within their respective counties to bring into the said sealer of weights and measures, all such weights and measures by which they respectively buy or sell, giving at least thirty days notice of the appointed time for the sealing, aforesaid; and the Fees for seal- clerk or sealer may demand and receive from the

Penalty for

pot sealed.

owner of all weights and measures so tried, proved and sealed, by the seal of said clerk, two cents for each and every article which he may seal; it shall further be the duty of said clerk to give a certificate to every person or persons who may apply to him to have articles sealed, stating the number so sealed, their weight or capacity, and that they agree and correspond with the standard deposited in his office; and if any person or persons shall carry any weights or measures to said clerk to be sealed, at any time after the day notified for sealing as aforesaid, the clerk or sealer of weights and measures in such case may demand and take eight cents for each and every article he may seal.

Sec. 4. And be it enacted That if any person or perusing weights Sons within this State shall at the expiration of thirty days & measures after the appropriate time of sealing, vend or sell any wares or merchandise, or any commodity whatever, by any other weights and measures but such as shall have been tried, proved and sealed, as this act requires, the person or persons so offending shall forfeit and pay for every offence a sum not less than two and not exceeding fire dollars; one half to go to the prosecutor, and the other half to the poor of the township in which said offence may be committed, to be recovered by action of

debt in any court having cognizance of the same; Provlded always, that nothing in this act shall be so construed as to prohibit any person or persons from buying or selling by steelyards or patent balances, when they shall have been tried by, and agree with the standard aforesaid, and when the buyer and seller, payer and receiver, shall both consent thereto.

Sec. 5. And be it enacted, That this act shall take effect Immediately upon the passage thereof.

Passed March 13, 1844.

A SUPPLEMENT to the act concerning costs.

court authorized to pre

Sec. 1. BE IT ENACTED by the Council and General As- Justices of sembly of this State and it is hereby enacted by the authori- suprem ty of the same, That the justices of the supreme court of this state, be, and they are hereby authorized and request- pare forms of ed to prepare and settle forms of bills of costs in the vari- bills of cost. ous cases civil and criminal that usually arise in the seve ral courts of this state, except the court for trial of small causes, and shall specify in such forms the items properly chargeable by law in each case, as fully and particularly as may be practicable, and that the clerk of the Supreme Court shall furnish at the expense of the state, printed copies of the forms so prepared and settled by the said justices, to the clerk of the court of chancery, and to the clerks of the several counties in this state.

taxation.

Sec. 2. And be it enacted, That if any clerk shall tax, or if any attorney at law shall procure, suffer or permit to Bill forfeited: be taxed, any bill of costs containing any item not allowed for unlawful by law, every such bill shall be wholly forfeited, and no action shall be brought, or sustained for any such bill, or any part or item thereof.

Sec. 3. And be it enacted, That whenever suit shall be when coski brought upon any bond secured by mortgage on real or not to be personal estate, no costs shall be taxed or allowed in such taxed. suit, unless the property mortgaged shall upon a sale thereof, be insufficient to pay the amount of such bond, together with the costs of foreclosing said mortgage. Passed March 14, 1844.

Assessment of

A FURTHER SUPPLEMENT to the act entitled, "An act constituting courts for the trial of small causes," passed twelfth February, 1818.

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 assessments of damages in and by the fifty ninth section of the act to which this act is a suppledamages how ment, directed to be made by the court, shall be made by a jury upon application of either party interested, any thing in the said act to the contrary notwithstanding; and this act shall take effect upon the passage thereof. Passed March 13, 1844.

made.

AN ACT for the relief of Hannah Applegate, widow of William Applegate, deceased, of the county of Monmouth.

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 Treasurer of this State is hereby authorized and directed to pay unto Hannah Applegate, widow of William Applegate, deceased, of the county of Monmouth, a soldier of the Revolutionary war of the United States, or to her order, the sum of forty dollars per annum, during her natural life, in half-yearly payments, the first payment to be made on the fourth day of March next, and the receipt of the said Hannah Applegate, or her order, shall be a sufficient voucher to the Treasurer for the payment of the same in the settlement of his accounts.

Passed March 13, 1844.

An Act entitled, "An act to set off the township of Tewksbury in the county of Hunterdon, into the county of Som

erset.

Somerset.

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 all that part of the county of Township of Hunterdon embraced within the limits of the township of Tewksbury Tewksbury shall be, and the same is hereby attached to, and attached to made a part of the county of Somerset, and shall be subject to all the laws which the county of Somerset now is or may be subject to, and the boundary line between the township of Reddington and the township of Tewksbury, shall in part be the boundary line between the counties of Hunterdon and Somerset.

Style of in

orporation.

Sec. 2. And be it enacted, That the territory within. the bounds of the township of Tewksbury in the county of Hunterdon, shall be and the same is hereby erected into a township to be called "the township of Tewksbury in the county of Somerset," and that the inhabitants thereof shall be and are hereby constituted a body politic and corporate in law, by the name of the inhabitants of the township of Tewksbury, in the county of Somerset," and shall be and Inhabitants they are hereby vested with, entitled to, and authorised to incorporated. exercise and enjoy all the franchises, powers, privileges, immunities and authorities, and shall be, and are hereby made subject to all the provisions of the laws for the time being for the regulation and government of the inhabitants of other townships of this state.

Sec. 3. And be it enacted, That all real and personal estate belonging to the inhabitants of the township of Tewksbury in the county of Hunterdon shall hereafter belong to Property &c. the inhabitants of the township of Tewksbury in the county vested in inof Somerset, and the debts due to or from the inhabitants of habitants of township. the township of Tewksbury, in the county of Hunterdon shall be received and paid by the inhabitants of the township of Tewksbury, in the county of Somerset.

Officers to

Sec. 4. And be it enacted, That the judges, justices of the peace, and other officers, in the limits of the territory hold office, hereby attached to the county of Somerset, shall contiuue to and courts to hold, execute and enjoy their several respective offices and exercise juappointments, within the limits of the said county of Hunter- risdiction for don, until the second Monday of April next; and all courts, at the time of the passing of this act, existing and being within the aforesaid limits of the said county of Hunterdon, shall

certain time.

Proviso.

continue to have and exercise jurisdiction within' the same until the second Monday of April next, in the same manner as if this act had not been passed; and that on, and after the second Monday of April next, and until their respective terms of office in the county of Hunterdon, as shall expire, all persons in office, at the time of passing this act, residing within the limits of the said township of Tewksbury, and all, and every of them, shall hold, exercise and enjoy their respective offices, with all the powers, privileges and emoluments thereto, belonging within the limits of the county of Somerset, as fully and effectually, to all intents and purposes, as if they had been elected and appointed to their respective offices, in the said county of Somerset; Provided, that all judges of the court of common pleas, and justices of the peace, shall take and subscribe the official oaths or aflirmations required by law, within the said county of Somerset, on or before the first day of May next, and before they act in their respective offices, as officers of the county of Somerset.

Sec. 5. And be it enacted, That all actions, suits, appeals, Actions &c. prosecutions and other legal proceedings, commenced or dein Hunterdon pending in the supreme court of this state, or in any court, or not to be af before any justice of the peace, within the county of Hunter

fected.

Proviso.

Time and

meetings.

don, as the said county stood, before the passing of this act, before the second Monday of April next, shall be in no wise affected by this act, but the same shall and may be prosecuted in said county, and before said courts, in the same manner as if this act had not been passed, any thing herein contained to the contrary, notwithstanding; Provided, that in all such causes, pending in the supreme court, where the defendant, in any transitory action, shall, at the time when this act takes effect, reside in the said township of Tewksbury, or where, in any local action, the cause of action arose in the said township. either party may, at his election, on application to the said court for that purpose, have the venue in said action, changed to the county of Somerset, and the cause tried therein, as if the said action had originally been commenced in said county.

Sec. 6. And be it enacted, That the first town meeting hereafter to be held in the said township of Tewksbury, as place of town hereby constituted, shall be held on the second Monday of April next, at the house of Peter R. Fisher, in New Germantown, and that thereafter the town meetings in said township shall be held annually on the second Monday in April, at such places as the electors of said township shall from time to time appoint, under the laws of this state.

Sec. 7. And be it enacted, That all judgments obtained, or that may hereafter be obtained in any of the courts of