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Mistake in

name of owner not

to invalid ate assess

ment.

Fees of officers.

Act, when

to take effect.

tenements, hereditaments, or real estate, as may be set forth in said warrant, or any part thereof, to such person or persons as will agree to take the same for the shortest term, and pay such taxes as may be assessed, as aforesaid, on account thereof, and the interest thereon, and all costs, fees, charges, and expenses, and thereupon to execute and deliver to any such person or persons a deed for the same, under his hand and seal; and such person or persons, and his, her, or their legal representatives, shall, by virtue thereof, lawfully hold and enjoy the said lands, tenements, hereditaments, or real estate, during the term for which he, she, or they shall have purchased the same, for his, her, or their own proper use and benefit, against the owner or owners thereof, and all and every person or persons claiming under him, her, or them, until said term shall be fully com pleted and ended; and shall be at liberty, at or before the ex piration of said term, to remove any building or buildings, and materials, erected and placed by him, her, or them thereon: and when said term shall have been ended, shall peaceably and quietly yield up the same to the lawful owner or owners thereof, in as good condition as when he, she, or they took posses sion of the same, damage resulting from ordinary use and the elements excepted.

8. And be it enacted, That notwithstanding any mistake in the name or names of the owner or owners, or omission to name the real owner or owners of any lands, tenements, here ditaments, or real estate, in the said township, in assessing the taxes on account thereof, as aforesaid, such assessment shall be valid and effectual in law against said lands, tenements, and hereditaments, or real estate; and the same may be proceeded against and sold, in the manner prescribed herein.

9. And be it enacted, That the constable to whom such war rant, as aforesaid, shall be directed, shall be entitled to receive the sum of one dollar for executing the same, and, in addition thereto, two cents on each dollar by him collected and paid over to the township committee of said township; for adver tising the sale of any lands, tenements, hereditaments, or real estate, for each delinquent, the same fees which the sheriffs of the counties are entitled to for the like services; and for a deed to the purchaser, the sum of two dollars; and the township committee of said township shall be entitled to receive for said warrant the sum of fifty cents; and the clerk of said township, for recording and filing said warrant, shall be entitled to receive the sum of twenty-five cents.

10. And be it enacted, That this act shall take effect imme diately.

Approved February 11, 1847.

AN ACT for the relief of Anna Atkinson, of the county of Cape
May.

BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the treasurer of this state is authorized and required to pay to Anna Atkinson, of the county of Cape May, the widow of Isaac Atkinson, a Revolutionary soldier, or her order, the sum of fifty dollars per annum, during her natural life, in semi-annual payments of twenty-five dollars each, the first payment to be made the fourth day of March next; and the receipt of the said Anna Atkinson shall be a sufficient voucher to the treasurer, in the settlement of his

accounts.

Approved February 11, 1847.

$50 per an num to be Atkinson.

paid to A.

An additional supplement to an act entitled, " An act to incorporate the New Jersey, Hudson, and Delaware Railroad Company," passed the eighth day of March, one thousand eight hundred and thirty-two.

road ex

1. BE IT ENACTED by the Senate and General Assembly of Time for the State of New Jersey, That it shall and may be lawful for completing the New Jersey, Hudson, and Delaware Railroad Company to tended. commence the construction of any of the lateral roads authorized by the act to which this is a supplement, at any point or places in the counties of Sussex or Warren, without extending the said lateral roads to the Delaware river; and that the said company shall be invested with the same privileges, and subject to the same liabilities, in the survey, laying out, and construction of any such lateral roads, and in the use and enjoyment thereof, as the said corporation is entitled and subject to, without any forfeiture of the act of incorporation, by reason of not commencing or completing all the road or roads authorized by said act in the time prescribed; and that the period limited by the act to which this is a supplement, for the commencement and completion of the said road or roads, shall be computed from the passage of this supplemental act.

2. And be it enacted, That this act shall take effect immediately.

Approved February 11, 1847.

Writs may

on liens

filed in Camden.

A further supplement to an act entitled, "An act securing to mechanics and others payment for their labour and materials in erecting any house or other building within the limits therein mentioned," passed February twenty-fifth, eighteen hundred and twenty.

1. BE IT ENACTED by the Senate and General Assembly of be issued the State of New Jersey, That from and after the passage of this act, it shall be lawful to issue a writ or writs of scire facias, either out of the circuit court or inferior court of com mon pleas of the county of Camden, upon any lien heretofore filed, or hereafter to be filed and recorded, in pursuance of the act, and the supplements thereto, to which this is a further supplement thereto; provided, this act shall not affect any suit or action now pending in either of said courts.

2. And be it enacted, That this act shall take effect imme Act, when to take ef- diately.

fect.

Approved, February 4, 1847.

AN ACT respecting the signing of judgments.

Preamble. WHEREAS it is suggested to the legislature that there are a number of judgments in the supreme court and in the circuit court of this state, and in the courts of common pleas of the several counties of this state, which have been rendered and recorded, but which have not been signed by any of the jus tices or judges of the said courts, respectively; and that in many instances there are no persons in office, as justices or judges of the said courts, respectively, who were justices or judges thereof at the time such judgments were renderedtherefore, to avoid all question in relation to such judgments, BE IT ENACTED by the Senate and General Assembly of the justices au- State of New Jersey, That the justices of the supreme court, to signjudg- and the judges of the circuit court of this state, and the judges of the courts of common pleas in the several counties of this state, for the time being, shall be, and they are hereby authorized to sign all judgments, in their respective courts, that have been or may hereafter be recorded in their said courts, respectively; and such judgments, so signed by any one of the said justices or judges now in office, or that may hereafter be in

Judges and

thorized

ments in

certain ca

ses.

office, though not in office at the time of rendering such judg ments, shall be as good and effectual in law as if such judgments had been rendered and recorded, and signed, by a justice or judge who was in office at the time of rendering, recording, and signing the same.

Approved February 16, 1847.

AN ACT for the better security of mechanics and others erecting buildings, and furnishing materials therefor.

nished in

1. BE IT ENACTED by the Senate and General Assembly of Lien for lathe State of New Jersey, That any person who shall hereafter, bour done by virtue of any contract with the owner thereof, or his agent, rials furor any person who, in pursuance of an agreement with any erecting such contractor shall, in conformity with the terms of the con- houses, &c. tract with such owner or agent, perform any labour, or furnish materials in building, altering, or repairing any house or other building, or appurtenances to any house or other building, in the city of Newark, in the townships of Elizabeth and Rahway, in the county of Essex, and the townships of Woodbridge and South Brunswick, in the county of Middlesex, shall have a lien for the value of such labour and materials upon such house or building and appurtenances, and upon the lot of land on which the same stands, to the extent of the right, title, and interest, at the time existing, of such owner, in the manner and to the extent hereinafter mentioned; but the aggregate of all the liens authorized by this act to be created, for the labour performed and materials furnished in building, altering, or repairing any house or other building or appurtenances, shall not exceed the price stipulated in the contract with such owner, or his agent, to be paid therefor; and such owner shall not be obliged to pay for or on account of such house, building, or appurtenances, any greater sum in amount, or at a different time, than the price so stipulated and agreed to be paid therefor, in and by such contract; and if the aggregate of liens shall exceed such sum or amount, the same shall be applied to the proportion of the amount of the several liens.

ses of lien

2. And be it enacted, That the person performing such Proceedlabour or furnishing such materials shall cause to be drawn up ings in caspecifications of the work by him contracted to be performed, created by or materials to be furnished, and stating the price or prices this act.

Liens, when

to com

mence and

terminate.

Remedy in

fusal to pay

demand.

agreed to be paid therefor, and shall file them, or if there be a contract, a true copy thereof, if the same be in writing, in the office of the clerk of the county in which the lien is created, and serve a notice thereof, personally, on such owner, or his said agent, within fifteen days after the making of such contract, or after commencing such labour or the furnishing said materials; the said clerks shall provide and keep a book which shall be called "the Mechanics' and Labourers' Lien Book," in which they shall enter, alphabetically, the names of the owners, and, opposite to them, the names of contractors or labourers, or other person claiming a lien, and the lot and street on which such work is to be done, or materials furnished, at the time of filing such specification or a copy of such contract; and if the said specification or copy of contract shall not be filed, and notice served as above provided, the said lien, and all claim thereby, shall be for ever barred and excluded from the benefits of this act; the said clerk's shall receive for their services required by this section, the sum of eighteen cents.

3. And be it enacted, That the lien, so created by this act, shall take effect from such filing and such service of the said notice, and shall continue in full force for the space of six months after the completion of said building, unless discharged, as hereinafter provided; and such lien may be discharged on such docket at any time by said clerk, on the production to, and filing with him of a certificate, signed by the contractor or labourer, or other person claiming such lien, that the claim for which such lien was created is satisfied and discharged: which certificate shall be acknowledged or proved in the same manner as deeds are required to be acknowledged or proved, to entitle the same to be recorded, and upon paying the clerk the same fees as for filing other papers and entering satisfac-. tion of judgments.

4. And be it enacted, That any contractor or labourer, or cases of re- any person furnishing materials, in pursuance of any contract made by such contractor with such owner, or his agent therefor, or any person in whose favour a lien has been created by this act, after such labour has been performed, or materials furnished, and payment for the same has became due, and the said owner, after demand made, shall refuse to pay the same, may enforce or bring such lien to a close, by action or suit at law, in any court of competent jurisdiction in the county in which the lien is created; and if the sum claimed shall be one hundred dollars, or under, the action shall be in the court for the trial of small causes, before any justice of the peace in said city, or in the townships, respectively, in which the lien is created; and the suits shall be conducted, and like proceedings had, in all respects, as in other cases; and if the action

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