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pose, and be of the same force and effect as if entered in the
regular minutes of the term.

SEC. 5. This act shall take effect immediately.
Approved, March 24, 1845.

A supplement to the act entitled, " An act for the preservation of cranberries," passed the sixteenth of February, eighteen hundred and thirty-two.

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

ries in certain

If any person shall take or gather, and carry away from Penalty for ga the vines, at any times after the first day of June, and before thering cranber the fifth day of October, any cranberries, within this state, on cases. any land not the property of such person or persons, or for which they pay no tax, such person or persons so offending shall be deemed guilty of a misdemeanor, and, on conviction, shall be punished by fine, not exceeding ten dollars. Approved, March 21, 1815..

AN ACT to authorize Zebedee M. Wills, of the county of Burlington, to convey certain lands, late of Hope Haines, deceased.

WHEREAS certain of the heirs and devisees of Hope Haines, late of the township of Northampton, in the county of Burlington, in this state, deceased, have presented their petition to the legislature, setting forth that the said Hope Haines, in her lifetime, authorized Zebedee M. Wills, as her agent, to make sale of divers lots and parcels of pine land, situate in the county of Burlington, belonging to her, the said Hope Haines; and that the said Zebedee M. Wills, in pursuance of such authority, did make sale of the said lands to Charles

Preamble

Z. M. Wills authorized to

Collins, junior, Samuel Stackhouse, William Cowperthwaite, and Isaac Glover, Robert B. Stokes, and Joseph E. Troth, and John S. Cowperthwaite, and that the said Hope Haines departed this life before the time agreed upon for executing deeds of conveyance for the same, and without having executed such deeds; and in and by her last will and testament appointed Charles Stokes and Thomas F. Budd her executors, but did not clothe them with power to execute any conveyances of lands; and whereas said petitioners have prayed that an act may be passed, authorizing the said Zebedee M. Wills to make and execute deeds of conveyance of said lots of land to said purchasers, respectively, upon their severally complying with the conditions of sale, and to pay over the purchase money to the said executors, to be disposed of agreeably to the directions of the said will: and whereas the contracts for the sale of said lands were made before the adoption of the present constitution of this state-therefore,

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

SEC. 1. Zebedee M. Wills, of the county of Burlington. shall be, and he is hereby authorized, in fulfilment of the said contracts of sale heretofore mentioned, to make, execute, and make deeds,&c. deliver to the said Charles Collins, junior, Samuel Stackhouse, William Cowperthwaite, and Isaac Glover, Robert B. Stokes, and Joseph E. Troth, and John S. Cowperthwaite, good and sufficient deeds, conveying unto them, respectively, their, and each of their heirs and assigns, all the right, title, interest, and estate of which the said Hope Haines died seized of, in, and to the said several lots or parcels of pine land, so sold to them as aforesaid, and to receive from them, respectively, upon delivery of said deeds, the purchase money mentioned in the said contracts of sale.

Purchase mo

to executors.

SEC. 2. The said Zebedee M. Wills, before he proceeds to execute and deliver said deeds, and receive the said purchase ney to be paid moneys as aforesaid, shall enter into bond to the ordinary, or surrogate general of this state, in double the amount of moneys so to be received, with such sureties as shall be approved by the surrogate of the county of Burlington, conditioned for the payment of the said purchase moneys, when received, to the executors of the said Hope Haines, deceased; which bond shall be filed with the said surrogate, in his office, there to remain for the benefit of such person or persons as shall or may be interested therein.

Approved, March 25, 1845.

A supplement to the act entitled, "An act to ascertain the time of holding certain courts in this state," passed April fourth, eighteen hundred and forty-five.

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

SEC. 1. After the term of April, of the present year, of the Terms of court court of chancery, the regular terms of the said court shall of chancery. commence, and be held annually, on the third Tuesdays in March, June, September, and December, respectively, and not otherwise.

Act, when to

SEC. 2. The act to which this is a supplement, shall take effect in the county of Cape May, immediately after the term take effect in of May next, of the several courts held therein.

Cape May.

SEC. 3. The third section of the act to which this is a sup- Part of former plement, is hereby repealed.

SEC. 4. This act shall take effect immediately.

Approved, April 4, 1845.

act repealed.

AN ACT to regulate the proceedings of the court of errors and

appeals.

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

Court, how com

SEC. 1. The court of errors and appeals in the last resort in all causes, consists of the chancellor, the justices of the supreme stituted. court, and six judges, appointed for that purpose, or a major part of them.

SEC. 2. When an appeal from an order or decree in chanAppeal from cery shall be heard, the chancellor shall inform the court of chancery. the reasons for his decree; but shall not sit as a member, or have a voice in the hearing or final sentence.

SEC. 3. When a writ of error shall be brought, the justices Writ of error. or judges who have given judicial opinions in the cause, in favour of or against any error complained of, shall assign their reasons for their judgment; but shall not sit as members, or have a voice on the hearing, or for its affirmance or reversal.

Reasons assign

SEC. 4. The reasons so to be assigned by the chancellor, justices of the supreme court, or judges of the circuit court, shall ed to be in writ- be submitted in writing, before the argument of the appeal or writ of error, as the case may be.

ing.

Clerk.

SEC. 5. The secretary of state is clerk of this court; the seal shall be that heretofore used, until otherwise ordered by the court.

SEC. 6. The court shall have power to appoint, from time Court to appoint to time, such subordinate officers as may be necessary for the convenient transaction of business, and to fix their compensation.

officers.

Compensation.

How paid.

SEC. 7. The compensation of the members of this court, and of the clerk, shall be the sum of three dollars by the day, for every day they shall, respectively, attend the court; and the sum of one dollar for every ten miles they shall travel, in going to and returning from the place of holding the court, on the most usual route.

SEC. 8. The compensation aforesaid shall be paid by the treasurer of the state, upon a certificate signed by the president of the court.

SEC. 9. The writs and process shall be signed by the clerk, Writs, &c., how and tested in the name of the president, and may be returned at any of the stated terms of this court.

tested.

Sec. 10. Final judgments in any circuit court may be Judgments in brought, by writ of error, directly into this court, in the same manner, and subject to the same rules, as are now provided by law in case of a writ of error to the supreme court.

circuit courts.

Causes now pending to be continued.

Vacancies, how supplied.

Oaths.

SEC. 11. All causes depending in the court of appeals in the last resort, at and immediately before the time when the present constitution of this state went into effect and operation, shall be continued, and further proceedings therein may be had in the court of errors and appeals established by said constitution; and the said court of errors and appeals may, from time to time, make rules and regulations of practice, and alter, amend, or revoke any rule of practice, so as to obviate doubts, advance justice, and expedite suits; provided the same be not contrary to this act, the constitutionof this state, or of the United States.

SEC. 12. When a vacany happens in the office of any of the six appointed judges of this court, before his term of office as such judge has expired, his successor shall be appointed, and hold for the unexpired term only.

SEC. 13. The oath of office and of allegiance may be administered to the president by any member, and by the president to cach of the other members of the court.

SEC. 14. The chancellor, when present, shall be the president of this court; in case of his absence, the chief justice of the supreme court; and in case of his absence, the senior in office of the justices of the supreme court who may be present.

President.

SEC. 15. All acts and parts of acts inconsistent with the pro- Former acts revisions of this act are hereby repealed. pealed.

SEC. 16. This act shall take effect immediately.
Approved, April 5, 1845.

A further supplement to the act entitled, "An act to incorporate the city of Newark."

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

SEC. 1. The engineers and firemen of the said city of New- Firemen ex ark shall be exempt from tax, not exceeding the sum of three empt from tax. dollars; and all persons who shall serve ten years, successively,

as firemen, shall be exempt from further duty, as firemen, and
shall be and remain thereafter exempt from serving as jurors,

or in the militia in time of peace; provided however, that if Proviso.
any person serving as a fireman shall leave said city, he shall
obtain from the foreman of his company, at or before the time
of his leaving, a certificate of the length of time he has regu-
larly served as a fireman in said city, and cause the same to
be recorded in a book for that purpose, to be kept by the clerk
of the common council of said city, which certificate, when
duly recorded, or the record thereof, shall be evidence of his
service as aforesaid; and the time of service, so mentioned in
his said certificate, or the record thereof, upon his return at
any time to the said city of Newark, and resuming the duties
of a fireman of said city, shall be reckoned and computed as
part of the said ten years.

SEC. 2. When any person, being an engineer in the fire de- Time of engi partment of the city of Newark, shall not be re-elected, or neers, how com shall resign his situation as such engineer, the time of his ser- puted. vice as such engineer or fireman, or both, shall be computed and reckoned as part of his ten years of service; provided he shall be elected as an engineer, or admitted as a fireman, within the space of three months after such loss of re-election,

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