paid to his sagacity, so much confidence placed in his honesty and wisdom, that the litigants, even the unsuccessful, generally left his improvised court room entirely satisfied with his decision.

The Fundamentals" were "ordered and appointed by the said Deputy Governor and General Free Assembly" to be recorded by the Clerk and are still in existence at Burlington, beautifully engrossed and in an excellent state of preservation.

This action of the Assembly, in insisting upon the acceptance by the Governor of the proposals contained in these "Fundamentals" is significant in more senses than one: By it they provided for the present protection of the rights of their constituents, but were also far-reaching in their plans, looking as well to the future welfare of the province. It is evident, also, that it was believed by them that the Proprietors had the right of government, but, while they acknowledged this, they determined. by their action that there should be no oppression of the citizens or interference with their privileges. It ought not be charged, however, that there was any lack of confidence in their Governor. He was a Quaker like themselves, had been appointed by the Proprietors, who were also Quakers, lived in London, had little to do with the affairs of the province and deputed all his authority to Jenings who was worthy of confidence and had the entire respect of the community.

One part of the Preamble, which has not been quoted, is somewhat amusing, certainly in one aspect; as it displays the egotism of its framers, who declared themselves to be a people "whom it had pleased God, to bring into this province of West New Jersey and settle us here in safety, that we may be a people to the praise and honor of his name, who hath so dealt with us."

But there is a stronger and better feeling manifested in the expressions so used, when they acknowledge God, as the author of all their blessings, and admit their entire dependence upon him.

The acts passed by this first Legislature of West Jersey are remarkable for some omissions. In all the thirty-six statutes there is no specific punishment provided for the commission of any crime except in one single instance: By the XXVIIIth section it was enacted "that whosoever shall presume within this province, directly or indirectly, to sell any strong liquors to any Indian or Indians, shall for every such offence forfeit and pay the sum of three pounds." No provision is made anywhere for the punishment of any capital offence. Penalties generally were provided for certain offences; perjury, offer

ing an affront to the public authority of the province, robbery, theft, assault and battery. Perjury was punishable by fine, the amount of which was not fixed, and the perjurer should forever be disabled from "being admitted an evidence or into any public office, employment or service within the province." Those affronting the public authority were to be punished and fined according to the discretion of the court. Those committing robbery or theft, were to restore four-fold out of their estates. If restitution could not be made in this manner, then, the criminal was "to be made work for his theft, for so long time as the nature of the offence shall require, or until restitution be thereby made four-fold, or as twelve men of the neighborhood shall determine, not extending to life or limb."

Assault and battery was to be punished "according to the nature of the offence which is to be determined by twelve men of the neighborhood."

No courts of civil or criminal jurisdiction were created, although such tribunals were mentioned in several of the acts. By the second it was enacted that the Governor and Commissioners for the time being, are to see that all courts established, or to be established by the laws and constitutions of the General Assembly of this province, do or shall execute their several duties and offices respectively, according to the laws in force."

By the sixth, it was provided "that no proprietor, freeholder or inhabitant of the province aforesaid, shall be deprived or condemned of life, limbs, liberty, estate, property, or any ways hurt, in his or their privileges, freedoms or franctuzes" (sic) "upon any account whatsoever, without a due tryal and judgment, passed by twelve good and lawful men of the neighborhood first had according to the laws of England." Peremptory challenges were allowed to the accused "not exceeding thirty-five" beside challenges for cause.

Running all through the acts, will be found similar reference to courts, without specifying whether they are civil or criminal, and in one is found this singular provision: "That there shall be in every court, three justices or commissioners, at the least, who shall sit with the twelve men of the neighborhood, and with them to hear all causes, and to assist the said twelve men of the neighborhood in case of law; and that the said justices or commissioners shall pronounce such judg ment, as they shall receive from and be directed by the said twelve men, in whom only the judgment resides and not otherwise: and in case of their

neglect or refusal, that then one of the twelve by consent of the rest, shall pronounce their own judgment as the justices or commissioners should have done. And if any judgment shall be passed in any cause, civil or criminal, by any other person or persons, or any other way then" (than?) "according to this agreement, and appointment, the same shall be held null and void; and such person or persons so presuming to give judgment, shall be severally fined; and upon complaint made to the General Assembly, by them be declared incapable of any office or trust within this Province." This act is almost an exact copy, verbation et literatim, of a provision in the concessions.

By chapter 9th it was enacted: "All and every person and persons, whatsoever within this Province, who shall prosecute or prefer any indictment for" (or?) "information against any other person or persons, or " (for?) "any personal injuries or matters criminal, or for any other criminal cause or causes relating to him or themselves, treason, murder, and fellony, only excepted, shall and may be master of his or their own process, and have full power to forgive and remit the penalty or punishment inflicted, or to be inflicted, upon the person or persons who have offended against him or themselves, as well before as after judgment. and condemnation."

By the XXIst chapter, this strange provision was made: "That a general act of indemnity is given to all persons within this Province, for all crimes and misdemeanors against any person or persons, relating to the former government." By what authority a Legislature not in existence at the time of the commission of an offence in another jurisdiction, could undertake to remit such an offence, does not appear, and no modern court would sustain such an act.

Meetings of the Legislature of West New Jersey were held regularly every year until and including the year 1701.

There were some important additions to the jurisprudence of the country made by the Legislatures of the two provinces, after the division, which have not been noticed, but which are worthy of mention. In 1679, the Legislature of East New Jersey made lands, except such as were entailed, liable for the payment of debts. The method of obtaining satisfaction for judgments, out of land, was peculiar, and therefore, the whole act is quoted.

"Be it enacted that if any person or persons within this Province, shall for the satisfying of an execution by any person lawfully obtained against him or them, set out his or their lands (entailed lands excepted)

for satisfaction of the said execution as above expressed, shall give for himself, his heirs and assigns, a deed of sale of the said land, to him, his heirs and assigns, for whom the said execution was obtained, and all lands so obtained shall be and remain to him, his heirs and assigns forever. And it is also enacted, if any person for setting out his land as aforesaid, refuse to give a bill of sale, shall be imprisoned till he doth satisfy the debt and charges, to sign a bill of sale."

In 1682, this provision was thus modified, by Chapter III of the acts passed at that year's session: "that when, and so often as the Sheriff of any County, shall have any writ of execution directed to him, out of any court of record within this Province, recovered by judgment. against any Defendant, that upon the seizure of the defendant's lands, goods or chattles, the plaintiff, or his attorney, shall elect and appoint one appraiser, and the defendant another, and for the default of the defendant's election and appointment of one appraiser, the plaintiff, or his attorney, to elect and appoint two men of good reputation, who shall then and there before the Sheriff, (who is hereby impowered to administer the same) take their oath, or solemnly promise, as in the presence of God, that they will make true appraisement of such lands, goods and chattles, to the best of their knowledge and understanding: And that in case the defendant shall not upon such appraisement made, pay the said debt or damages recovered, and also the costs of suit, that then and in such case, the Sheriff shall deliver the lands, goods and chattles to the plaintiff, his attorney or agent, who may keep the same in his custody, for and during the space of six weeks; and if the defendant or his assigns, do not in that time pay the said debt or damages recovered, with costs of suit, then the plaintiff shall have and keep the same, to the use and behoof of him the said plaintiff, his heirs, executors and assigns, according to the said appraisement. And in case the said appraisement amount not unto the debt, damages, and lawful costs of suit, then the plaintiff shall and may have process for the residue of the same. And in case the said lands, goods and chattles exceed the said debt, damages and costs of suit, the plaintiff shall return the overplus either in goods as appraised, or the value thereof in money to the defendant; and the plaintiff at the cost and charges of the defendant, shall acknowledge, or cause to be acknowledged, satisfaction upon the record of the said judgment, the defendant giving and sealing to the plaintiff a release of all errors in the said judgment."

West New Jersey, in 1682, introduced the principle of making lands

liable for the payment of debts, in a much simpler, but most indefinite and unsatisfactory manner. The following is the act referred to:

"And for the preventing of fraud, deceit and collusions, between debtor and creditor, and that creditors may not be hindered from the recovery of their just debts; BE IT HEREBY ENACTED,

that persons who are or shall be indebted, and have land within this Province, and no personal estate sufficient to pay their debt, in such case, the land of such person or persons, shall be liable to pay debts."

Prior to this time, no land could be sold or taken absolutely for the payment of any debt recovered by judgment. How far the provision of the West New Jersey statute would go towards the satisfaction by sale of real estate, cannot be ascertained. What construction the courts gave to that statute, it is impossible to state, as there are no reports of the decisions of any courts of that time in existence.

As early as 1682, an attachment act was passed by the Legislature of East New Jersey which made ample provision for the recovery of any debt owing to inhabitants of the province, out of the estate real and personal, of any non-resident or absconding debtor. This act provided for the issuance of a summons out of the court of common right, or any county court; for its service upon any member of the family of the debtor, or by being left "at or in any of the houses, plantations or premises, together with the plaintiff's declaration in writing." After such service, if the defendant should not make appearance at the next court, "after such summons left, within twenty days, being given before the court for him to appear, after oath or solemn protestation made of such service as aforesaid," judgment might be given as if the defendant had appeared and not answered thereto. After judgment, execution might issue against all real and personal estate of the defendant "lying and being within this province; any law or usage in this Province, to the contrary thereof in any wise nowithstanding."

In 1683, the Legislature of West New Jersey also provided for an attachment against persons who should abscond or leave the province, but the remedy was guarded so as to work no damage to the other creditors than the one attaching, or against the estate of the defendant. It was provided that no creditor should have an attachment granted against the estate of a non-resident or absconding debtor, "until notice shall have been thirty days publickly given for the rest of the creditors to come in, that so such goods and estate may be equally proportioned