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not been passed ; and upon such judgment or judgments a writ of scire facias may issue, as allowed by law in other cases, directed as aforesaid; and thereupon such further proceedings shall be had therein, as the party prosecuting the same would have been entitled to in other cases, and in the same manner as if this act had not been passed.

Sec. 5. All orders for the sale of real estate by the orphans'

court of the county of Monmouth, when the same shall lie Orders for sale by orphans within the said district, shall not be affected, but the same may court not affect- he completed, and titles made by the order of the court afore

said, as if this act had not been passed. Act, when to

Sec. 6. This act shall go into effect immediately after the passage thereof.

Approved, March 21, 1845.

ed.

take effect.

A supplement to an act entitled, “ An act concerning distress

es,” passed March sixteenth, seventeen hundred and ninety. five.

WHEREAS, by the laws of this state, the remedy to recover Preamble.

rent by distress is only authorized in cases where the relation of landlord and tenant exists at the time the remedy is sought to be enforced, by reason whereof, landlords are frequently defrauded of the arrears of rent due at the expiration of the tenancy—therefore,

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, as follows:

Sec. 1. It shall and may be lawful for any person or perWhen landlords sons, having any rent in arrear and due upon a lease for term may distrain for of life or lives, year or years, or at will, ended or determined, reut.

to distrain for such arrears, after the determination of the said respective leases, in the same manner as they might have done if such lease or leases had not been ended or determined; and that, notwithstanding the said tenant may have removed from the leasehold premises, and notwithstanding the relation landlord and tenant may have ceased to exist between the parties, anything in the seventeenth section of the act to whic this is a supplement to the contrary notwithstanding; provider

such distress be made within the space of ten days after the end and determination of such term or tenancy.

Sec. 2. The proviso in the eighth section of the act to which construction of this is a supplement shall be so construed as that the distress part of former therein mentioned and limited to be made within six months act. after the rent shall have become due, may be made within six months after a year's rent shall have become due, although such rent may, by the terms of the tenancy, have been payable monthly, quarterly, or semi-annually.

Approved, March 22, 1845.

A further supplement to an act entitled, “ An act respecting

the court of chancery," passed the thirteenth of June, seventeen hundred and ninety-nine.

BE IT ENACTED by the Senate and General Assembly of the
State of New Jersey, as follows:
Sec. 1. When any bill shall be exhibited in the court of

Injunction to be chancery of the state of New Jersey, to stay proceedings at granted in cerlaw in any personal action, after verdict or judgment, it shall iain cases. be lawful for the chancellor to grant an injunction, staying proceedings at law in the action or actions complained of in such bill, after verdict or judgment at law shall have been given ; provided the party exhibiting such bill, and praying such injunction, shall give such security, by bond, as the chancellor shall deem good to the party or parties at law against whom such injunction is prayed, in double the amount of such verdict or judgment and costs at law, with condition to abide such order or decree as the chancellor shall make in the premises.

Sec. 2. When any injunction shall be granted upon bond as Chancellor m aforesaid, and the party against whom the same has been order further granted shall think the said bond not sufficient security, such security, party may apply to the chancellor to have the security made sufficient, whereupon the chancellor, if he shall deem it expedient to hear such applicant, shall direct notice to be given to the party making said bond to appear before him, at such time and place as he shall appoint; and upon proof that the notice directed has been duly served, the chancellor shall hear the matter, if moved so to do, with power to adjourn; and if, upon the hearing of the matter, it shall appear that the said

referred to a master.

bond is not sufficient security, then the chancellor shall have power to order further security; and if such further security shall not be given, according to the order made for that pur. pose, then, for that cause, the chancellor shall have power to dissolve the injunction granted on such bond.

Sec. 3. The chancellor shall have power to refer the whole Case may be matter of the second section to a master in chancery, and such

master to whom the same may be referred, shall hear the parties, aster at least six days' notice to the party making the said bond, and make report to the chancellor with all convenient speed.

Sec. 4. If the action at law be a mixed action, it shall be kujunctions may

lawful for the chancellor, after verdict or judgment therein, to be granted in grant an injunction staying proceedings at law, provided the

party applying for such injunction shall give such security, by bond, to the party against whom the injunction is prayed, as the chancellor shall direct; which bond, in this section mentioned, when given, shall be subject to the provisions of the second and third sections hereof.

Approved, March 22, 1845.

mixed actions.

A further supplement to an act entitled, “ An act to regulate

the fisheries in the river Delaware, and for other purposes," passed November twenty-sixth, eighteen hundred and eight.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, as follows:

Sec. 1. If any person or persons, whomsoever, shall cast, Number of pets draw, or otherwise use, for the purpose of catching fish, more to be used with- than one seine or net in any pool or fishing place in the river

Delaware, within the jurisdiction of this state, at any place opposite to or above the lower mouth of Rancocus creek, in the county of Burlington, in the state of New Jersey, and more than two seines or nets in any one pool or fishing place froin thence as far down as the concurrent jurisdiction of this state and the state of Pennsylvania extends, within any one term of twenty-four hours, beginning at sunrise, and ending at sunrise the day following, or shall be aiding or assisting therein, contrary to the true intent and meaning of this act or the act entitled, “ An act further supplementary to an act entitled, an a

in certain limits

to regulate fisheries in the river Delaware, and for other purposes," passed the twenty-eighth day of November, A. D. eighteen hundred and twenty-two, he, she, or they so offending shall forfeit and pay the sum of two hundred and fifiy dollars, together with costs of suit, for each and every such offence; provided always, that it shall and may be lawful for any person or persons who, by accident or otherwise, may be de. prived of the seine or net first used in any pool or fishing place, in any term of twenty-four hours, to withdraw the same, and substitute another seine or net in the place of the one so withdrawn.

Sec. 2. The second section of the act entitled, “ An act fur- Part of former ther supplementary to an act entitled, an act to regulate the act repealed fisheries in the river Delaware, and for other purposes," passed the twenty-eighth day of November, A. D. eighteen hundred and twenty-two, be, and the same is hereby rcpealed; provided, that the said repeal shall in no wise affect, invalidate, or make void any proceedings legally had or commenced under the said second section of the act aforesaid, but the same shall be prosecuted to judgment and execution, as though the provisions of the said section were still remaining in force.

Sec. 3. This act shall go into operation on the fourth day of Act, when to July next, and not before, or at any time thereafter whenever take effect. the legislature of the state of Pennsylvania shall approve of the same, by enacting a similar section, proviso, or act, in whole or in part; and the governor of this state is hereby requested to transmit an attested copy of this act to the governor of the state of Pennsylvania, requesting him to submit the same to the legislature of that state.

Approved, March 22, 1845.

A further supplement to the act entitled, “ An act to facilitate

the administration of justice," passed the fourteenth of February, eighteen hundred and thirty-eight.

BE IT ENACTED by the Senate and General Assembly of the
State of New Jersey, as follows:
Sec. 1. The supreme court, in term time, or any two jus-,

Special circuit tices thereof, in vacation, whenever in their opinion the ends court, how or: of justice and the public interest require it, may order a special dered.

circuit court to be holden in any county in this state, for the trial of any indictment or indictments for murder or manslaugh. ter, which have been, or may be removed into the supremo court, and which may require to be tried in the circuit court of such county; but such order shall designate the indictment or indictments to be tried at such special court, and whether to be tried by a jury or juries of the county in which such special court is to be held, or by a foreign jury or juries; and upon the service of a copy of such order upon the sheriff of said county, at least twenty-five days before the time appointed for holding such special circuit, it shall be his duty to cause to be selected, and to summon in the manner now directed by law, a sufficient number of petit jurors to serve at such court, unless the indictment or indiciments to be tried at such special court is or are to be tried by a foreign jury or juries; and all process of venire and subpæna made returnable thereat, shall be as good and effectual as if the same were made returnable to a stated term of said courts.

Sec. 2. The supreme court, whenever in their opinion a fair

and impartial trial cannot be had before a jury of the proper Indictments inay be tried by county, may, upon motion in behalf of the state, or on the part foreign juries. of any defendant or prisoner, order any indictment, sound and

presented at any court of oyer and terminer and general jail delivery, or at any court of general quarter-sessions of the peace, in this state, except such indictments as by law are tria. ble in the court of general quarter-sessions of the peace, to be tried by a foreign jury, in the court and county in which such indictment was found.

Sec. 3. In cases arising under the foregoing sections, foreign juries shall be obtained, and special circuit courts held, upon such terms, and subject to such rules and regulations, as the supreme court shall from time to time order and direct; provided the same be consistent with this act, the constitution of this state, and of the United States.

Sec. 4. It shall be lawful for the justices of the supreme

court, at every term thereof, to designate, in such way as to Hearing of common business, them may seem proper, one or more of their number to sit

during term time in a separate apartment from that in which the regular term is held, for the purpose of hearing and deciding all such matters as, by the rules of the said court, are or may be denominated common business; whose decisions and judgments shall be as good and effectual as if they had been rendered at the bar of said court; and all rules made and granted, and judgments or decisions pronounced by such justice or justices, so sitting apart from the other judges, shall be entered in a separate book of minutes, to be kept for that pura

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