}

sonal estate

ed; and of the said deceased against his children or issue, or
any of them respectively; and to adjust, liquidate and settle
the same; and ascertain the balances, if any, due thereon, and To settle ac-
to charge the same to the said children or issue, or their law- count of per-
ful representatives, as the case may require; and to audit, with adminis
state, liquidate and settle the account of the personal estate of trator.
the said Samuel Potter, deceased, which came to the hands of
his administrators, or to the hands of any other person or per
sons, by their assent or their use, and with which they ought
to be charged; and ascertain the net amount of said personal
estate remaining after payment of debts, and funeral and other
necessary expenses; and after having made sale of the said
real estate, and ascertained the nett proceeds thereof, after
deducting the reasonable and necessary expenses of executing
the trust reposed in them by this act, and the net amount of
the personal estate after payment of debts and expenses, and
the amount of said advancements made by the said Samuel
Potter, deceased, to any of his said children or issue; and set-
tle and ascertain the balances, if any, due from the said de-
ceased to his said children and issue, respectively, to the estate
of the said deceased, and charged or credited the same ac- the balances
cordingly; to ascertain and determine the rights, shares, and to be paid to
proportions of the net proceeds of the said real and personal each heir,
estate, to which the said children or issue respectively are en-
titled, according to the laws of this state regulating the descent
of real estate, and the settlement and distribution of personal
estates of intestates; and after charging such advancements,
and charging or crediting, as the case may require, the balan-

To ascertain

ces of any that may be found due upon such private amounts and pay the
or demands, finally to ascertain and determine the amounts or same to those
balances due to each of the said children or issue of said de- entitled.
ceased respectively thereupon; which shall be paid to the said
children or issue of said deceased, or their guardians or lawful
representatives accordingly.

SEC. 2. And be it enacted, That it shall be the duty of the said
commissioners to make report in writing, under their hands,
of the sales made by them of the real estate of said deceased,
and the net proceeds thereof, after deducting the reasonable
and necessary expenses of executing the trust reposed in them
by this act; also of the settlement of the personal estate, and
the net amount thereof, after payment of debts and expenses;
of the amount of the advancements of real and personal estate
made by the said deceased to any of his said children or issue,
respectively; and if the amount or balances due from the said
deceased to any of his said children or issue, respectively, or
from any of his said children or issue, respectively, to the estate
of the said deceased, on private accounts or demands, of the
shares or proportions of the real and personal estate of said
deceased, to which the children or issue of said deceased are
respectively entitled by law; and the amounts or balances due

to the ordinary.

to each of the said children or issue, respectively, after charging or crediting such advancements or balances due on private accounts and demands; and of the final distribution of the proCommission- ceeds of such real and personal estate to and among the said ers to report children or issue of the said deceased, their guardians, or lawful representatives; which report shall be made to the ordinary and surrogate general of this state, and filed in the clerk's office of the prerogative court, and, after the same shall have been approved of and confirmed by the said ordinary, shall be final and conclusive to all parties concerned: and the said ordinary shall have full power and authority to take order in the said premises, and to confirm the said report, or to alter and amend the same, or to set the same aside, to send back the same to the said commissioners with proper instructions for the correction or amendment thereof, or touching any matter relating to the said estate, according to law, as the justice of the case may require; and finally to enforce and carry the said report and proceeding into full effect: Provided, that nothing in this act contained shall be taken or construed to prejudice the right or claim of dower in said real estate of the widow of the said Jonathan Potter or Dennis Potter, deceased, or the right or title of any persons, other than the said children or issue of said Samuel Potter, deceased, having paramount right or title to said real estate, or any part thereof.

Proviso.

SEC. 3. And be it enacted, That all receipts or vouchers Receipts may given by the said children or issue of said 'deceased, their be recorded guardians or personal representatives, for the moneys paid to by surrogate them, respectively, for or on account of their respective shares of Somerset. of the said real or personal estate, or any part thereof, may be proved and recorded in the surrogate's office of the said county of Somerset, in the same manner that receipts for legacies and distributive shares of intestates are directed by law to be proved and recorded.

ers to give bond.

SEC. 4. And be it enacted, That the said commissioners, Commission before they enter upon the duties of their said office, shall give bond to the ordinary or surrogate general of this state, in such sum, and with such security as the surrogate of the county of Somerset shall approve, conditioned for the faithful performance of the trust confided to them; which bond shall be filed in the office of the said surrogate, for the benefit of all persons concerned.

Passed February 15, 1833.

AN ACT to authorize the conveyance of certain real estate of John Warne, deceased.

WHEREAS John Warne, junior, and Samuel Warne, administrators of the goods and chattels, &c., of John Warne, se- Preamble. nior, late of the township of Alexandria, in the county of Hunterdon, deceased, did, at the term of October, in the year of our Lord one thousand eight hundred and thirty-one, of the orphans' court of said county of Hunterdon, upon their exhibit, made under oath, of the debts and credits of their intestate, obtain the final order and decree of said court for the sale of the real estate of said intestate, situate in said county, and, in pursuance of said decree, did proceed to advertise and sell the same, agreeably to law-AND WHEREAS, before the making and execution of the deeds of conveyance of the lands so sold, by virtue of said decree, to the purchasers thereof, the said John Warne, junior, did clandestinely depart the state of New Jersey, without the knowledge of his co-administrator, and hath ever since, and still doth continue to absent himself, and doth neglect or refuse to make known, to his co-administrator, the place of his residence; by reason whereof no deeds of conveyance have been, or can be made to the purchasers of said real estate, without the aid of the legislature in the premises-Therefore, 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 deeds of conveyance of the real estate and premises, or any part thereof, above mentioned, sold as above mentioned, made and executed under the hand and seal of the said Samuel Warne, alone, shall be as good and effectual, to all intents and purposes, and shall vest the purchaser or purchasers thereof, or of any part thereof, with as good a title and estate therein as if the said deed or deeds had been made and executed under the hands and seals of both the said administrators.

Passed February 15, 1833.

S. Warne em. powered to make deeds for lands of J. Warne, deceased, sold by order of orphans'

court.

A Supplement to the act entitled, "An act to alter and amend the act entitled an act concerning inns and taverns," passed June first, eighteen hundred and twenty.

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 if any person or persons shall, without a license

spirits with

out license.

any

Fine for refor that purpose first had and obtained, according to law, sell, tailing ardent by retail, any rum, brandy, wine, or spirits, of any kind, or other liquid of which distilled spirits shall form a component part, except such as are compounded or used for medicine, under the quantity of one quart, he or she so offending shall forfeit and pay, for every such offence, ten dollars, to be recovered by action of debt, with costs, in any court of record having cognizance thereof, by any person who may prosecute for the same in the name of the overseer or overseers of the poor of the township in which such offence may take place, one half for the benefit of the person so prosecuting, and the residue for the use of the poor of such townships: Provided, that such prosecution shall be commenced within six calendar months after said offence shall have been committed: Provided also, that nothing in this act contained shall be so construed as to prevent or impair any prosecution or proceeding by indictment under the fourth section of the act to which this is a supplement.

Proviso.

Passed February 15, 1833.

Affidavit of

to be filed.

A Supplement to an act entitled, "An act to incorporate the Mechanics
Bank at Paterson."

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 it shall not be lawful for the said bank to issue any stock paid in, notes or bills until an affidavit, by the president and cashier,. shall have been made and filed in the office of the secretary of state, stating that the whole of the capital stock of the said corporation shall have been subscribed, and seventy-five thousand dollars thereof paid in, conformably to the provisions of said act, and the whole of the tenth section, to which this is a supplement, be, and the same is hereby repealed.

SEC. 2. And be it enacted, That so much of the fourth secPart of a for- tion of the act, to which this is a supplement, which requires at least ten of the directors of said bank to be citizens of this state, be, and the same is hereby repealed.

mer act re-,

pealed.

Passed February 15, 1833.

AN ACT to divorce Hannah Lawrence from her husband Amos Lawrence.

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 Hannah Lawrence be, and she is hereby divorced A. Lawrence from her husband Amos Lawrence, and that the marriage con- and H. Lawtract heretofore existing between them, the said Hannah Law- rence divorcrence and Amos Lawrence her husband, be, and the same is hereby as fully and absolutely dissolved as if they never had been joined in matrimony.

Passed February 15, 1833.

ed.

A further Supplement to an act entitled, "An act to incorporate John Doughty and his associates, proprietors of the Morris Aqueduct," passed the sixteenth day of November, seventeen hundred and ninety-nine.

WHEREAS it is represented to this legislature, by the proprietors Preamble, of the Morris Aqueduct, that many persons, who have not contracted with the said the proprietors of the Morris Aqueduct, for the use of the waters of said aqueduct, and who refuse to contract with the said proprietors, and to make any compensation for the use of said waters, are in the habit of taking water from the, penstocks, issues, and reservoirs connected with said aqueduct, erected and provided by or for the use of other persons and families, and thereby enjoy all the benefit of the supply of water afforded by said aqueduct, without making any compensation therefor-For remedy whereof,

Penalty for

drawing water from aque

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 if any person shall hereafter, by himself or herself, or by any member of his or her family, or person in his or her employ, and for his or her use, take any of the water of said aqueduct from any penstock, issue, or fixture erected for the duct without issuing or delivering of said water, or from any cask, vessel, license of the or reservoir wherein the same shall be received, for the use of company. other person or persons, or from any vessel or reservoir which

he

or she may place or erect, or cause or suffer to be placed or erected, for the purpose of receiving the water that may run from said aqueduct, or from any such penstock, issue, or vessel for receiving said water for the use of such other person or persons, each and every person or persons so offending, for the first offence, shall forfeit and pay to the proprietors of the