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of them, in any court of competent jurisdiction in this state, in How to be an action of debt; and the proceeds thereof, after paying the applied. costs and expenses of suing for and recovering the same, shall be applied to making and repairing the fences and swing-gates around the said tract.
Sec. 3. And be it enacted, That if any horses, cattle, or sheep Horses, &c., be found running at large in said tract, it shall be lawful for trespassing, any person so finding them, to drive them to any public pound may be imin the township of New Barbadoes, leaving with the keeper of Po such pound an affidavit, that such horses, cattle, or sheep were found running at large on said tract; and it shall be the duty of such poundkeeper to receive and keep the horses, cattle, or sheep so delivered to him, until the owner thereof shall pay to him the costs and fees of impounding the same, together with damages, if any incurred; and such poundkeeper shall collect and receive the same in the same manner, and shall be entitled to the same fees, and be subject to the same penalties, and shall, in all matters, proceed as is directed by an act entitled, “ An act regulating fences," passed January twenty-third, seventeen hundred and ninety-nine.
SEC. 4. And be it enacted, That all the owners of any part Lands to be of the said tract shall meet on the first Tuesday of April next, valued. at the house of John Cooper, esquire, near New Milford, in the township of New Barbadoes, and on the first Tuesday of April in each year thereafter, at such place as a majority of them shall direct, and shall proceed, at their first meeting, to value their respective lands, either separately or collectively; and in case they cannot agree among themselves as to the valuation thereof, they, or a majority of them, shall proceed to choose three disinterested freeholders, residents of the county of Bergen, who shall assess the value thereof, and whose judgment or award shall be binding and conclusive: and the owners of the said lands, or a majority of them, shall choose, from among themselves, two persons to be trustees of said lands, and shall hold their office for the term of one year, or until others shall be appointed in like manner in each year, at such place as a majority of them shall direct, and choose, from their own number, two trustees, to be elected by a majority of the owners present, who shall hold their office until their successors shall be appointed.
Sec. 5. And be it enacted, That the trustees elected as afore-
apportioned the said tract, and shall assign, by marks and measurement, to among each of the owners of the said tract, a part of the said fence owners. to make and maintain, in proportion to the number of acres owned by him or her therein; and if after such assignment, and notice thereof, any of the said owners shall neglect to make and maintain the fence so assigned him or her, the said trustees shall make or repair the same, and shall be entitled to How to be sue for and recover the expenses from the person or persons maintained.
ber, erity of them Skemanner i
so refusing, and their legal representatives, in any court of competent jurisdiction in this state; and it shall be the duty of such trustees to cause a lawful fence at all times to be kept up and maintained around the above said tract.
Sec. 6. And be it enacted, That when any person who now Partition fen- owns any part of the said tract of woodland, shall own lands
o be adjoining thereto, which are now enclosed by a fence, such maintained. "
person or persons shall keep up and maintain a good and lawful fence between such lands and the above mentioned tract, at his or her sole and separate expense; and if any other per. son may or shall own enclosed lands adjoining said tract of woodland, the said trustees may compel them to maintain their share of the partition fence between said tract and such enclosed lands, in the same manner as the said trustees might, by law, if they were the lawful owners of the whole of the said tract of woodland, and shall, in all things, be entitled to the same remedies, and may proceed in the same manner against them, as if they were the lawful owners of the whole of the aforesaid tract of woodland.
Sec. 7. And be it enacted, That each trustee shall be enti
tled to receive seventy-five cents per day for every day spent Pay of trus
in the above mentioned duties, to be paid by the owners of the tees.
said tract, in proportion to their interest therein, and shall be assessed, by the said trustees, according to the aforesaid valuation; and shall make out a duplicate list of the amount as
sessed upon the property of each individual, who, upon refusRecovery of
ing or neglecting to pay the same, after notice of the aforesaid assessments.
assessment being set up in three of the most public places near the premises, for the space of thirty days, shall be liable to prosecution before any court having competent jurisdiction of the same, in an action of debt, with costs of suit.
Passed January 31, 1833.
AN ACT to dissolve the marriage contract between Elizabeth Cooper
and Benjamin Cooper.
Sec. 1. BE IT ENACTED by the Council and General Assem
bly of this State, and it is hereby enacted by the authority of the E. Cooper same, That the marriage contract heretofore existing between and B. Coop. Elizabeth Cooper and Benjamin Cooper, of the county of
Gloucester, be, and the same is hereby dissolved and made void and of no effect, as fully as if they had never been joined in matrimony.
Passed February 1, 1833.
AN ACT for the relief of John Colt and Eliza his wife.
WHEREAS Elisha Boudinot, late of Newark, in the county of Preamble.
Essex, deceased, in and by his last will and testament, bearing date the tenth day of June, one thousand eight hundred and nineteen, did give and devise unto Elias Boudinot, Richard Stockton, Stephen N. Bayard, and Elias E. Boudinot, Esquires, the executors and trustees in his said will named, two certain lots of land, situated in Newark aforesaid, and bounded north by a lot sold to Henry Holden, east by Mulberry street, south by Smith street, and west by Division street, to be held by the said trustees, and the survivor of them, in fee-simple, in trust, nevertheless, for the use of Eliza P. Colt, one of the devisees and legatees of the said will, as is in the said will particularly set forth.—AND WHEREAS an undivided share of certain other lots of land, about the town of Newark, was also devised to the said trustees, and the survivor of them, in trust, for the like use of the said Eliza P. Colt; which said lots of land have been divided pursuant to the directions of the will, and the share devised for the use of the said Eliza P. Colt is now held and enjoyed in severalty—AND WHEREAS the said Elias E. Boudinot is now the only surviving executor and trustee of the said will, and it is represented to the legislature, that it is expedient and beneficial for the purposes of the trust that the said lots of land so held, as aforesaid, in trust for the said Eliza P. Colt, should be sold and converted into money, which should be held upon the like trusts; but that the said surviving executor and trustee is not empowered, by the will, to make sale thereof, and John Colt and the said Eliza P. Colt, his wife, have prayed the aid of the legislature in the premises
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 the said Elias E. Boudinot, surviving trustee, as aforesaid, be, and he is hereby authorized to sell and convey, Trustee an. in fee-simple, the said several lots of land herein before men- thorized to tioned and held in severalty, in trust for the said Eliza P. Colt, sell lands for under and by virtue of the will of the said Elisha Boudinot: Eliza P. Colt. Provided, that the consent of the said John Colt and Eliza P. Colt to the said sale shall be endorsed on the deed or deeds of Conveyance for the same, and shall be subscribed by them: And provided, the said deed or deeds of conveyance shall vest in the purchaser or purchasers, only, such right, title, and interest as the said Elisha Boudinot was seized of at the time of his death Sec. 2. And be it enacted, That the said Elias E. Boudinot
How proshall place the moneys arising from the said sales at interest, ceeds to be in such manner as shall render the same most secure and pro- disposed of.
ductive, and shall hold the same, and dispose of the proceeds thereof, or permit the same to be disposed of, upon the like trusts, terms, and conditions, and in the same manner as the other trust funds held for the use of the said Eliza P. Colt are, by the said will of the said Elisha Boudinot, directed to be held, used, and disposed of.
Passed February 1, 1833.
AN ACT to authorize a trustee, therein named, to sell real estate in the
city of Burlington.
WHEREAS Horace Binney, of the city of Philadelphia, by deed,
dated November sixth, eighteen hundred and twenty-six, did grant and convey to Mary Binney a certain dwelling house and four lots of ground in the city of Burlington, particularly described in the said deed, in trust for the sole and separate use of Susan Wallace, wife of John B. Wallace and sister of him the said Horace, during her natural life, and, after her death, to the use of her two daughters, Susan Bradford Wallace and Mary Binney Wallace, in case they survived her; and in case either of them died in the lifetime of their mother, leaving children, to the use of the survivor and such children; and in case of the death of both of them without children, living their said mother, to the use of John William Wallace and Horace Binney Wallace; which said property the said Mary Binney, by deed dated the same day and year endorsed on the other, reconveyed to the said Horace Binney on the same trusts, as by the said deeds of conveyance, recorded in the clerk's office for the county of Burlington, in the book T 2 of Deeds, page 422, &c., will more fully and particularly appear.—AND WHEREAS, from the present circumstances of the said property, and the cestui que trusts thereof, it would be for their benefit that the said property should be sold, and the proceeds thereof invested in other property, to be holden on the same trusts-And WHEREAS the above named Susan Wallace, Susan B. Wallace, and Mary B. Wallace, the persons immediately interested in the said property, and who, according to the ordinary calculations of human life, are to be benefited by the said trusts, have, by their petition to the legislature, set forth the above stated facts, and expressed their desire to have the said property sold accordingly; and the said Horace Binney, the grantor of the said property and founder of the said trusts, has expressed his assent thereto, but because
there may possibly arise contingent interests, by the death of the said Susan B. Wallace or of the said Mary B. Wallace, during the life of their said mother, leaving children, or by the death of them both in the life of their said mother, living their said brothers, or by the death of them both in the life of their said mother, living their said brothers, which contingent interests would not be barred by any conveyance that can now be made by the parties interested, without legislative aid; but which contingent interests, should they ever come into being, will be benefited by the sale of the said property, and the investing of the proceeds as aforesaid- In order, therefore, to effectuate the objects aforesaid,
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 the said Horace Binney, the trustee of the property Trustee auaforesaid, be, and he hereby is authorized and empowered to
sell lands congrant, bargain, and sell the said messuage and lots in the city veved to Hoof Burlington, in the said deed of the sixth of November, eigh- race Binney teen hundred and twenty-six, described and set forth, or any in trust. part or parts thereof, and to convey the same to the purchaser and purchasers thereof in fee-simple, or for such other estate as he may grant therein, freed and discharged from, and divested of, any contingent interests or estates which may or might possibly come into being or operation under and by virtue of the deed aforesaid, and to give to the purchaser or purchasers full and sufficient receipts, acquittances, and discharges for the consideration money thereof; and the said purchaser and purchasers thereof shall hold the same, or the parts and parcels thereof purchased by them, in fee-simple, or for such other estate as they may purchase therein, freed, discharged, and divested of and from all and every such contingent interests or estates as aforesaid: and it shall be the duty of the said Horace Binney to invest the proceeds arising from the sale of To vest prothe said property in some productive fund, or in other real ceeds upon estate, upon the same trusts upon which the said property is same trusts. now holden.
Passed February 1, 1833.
AN ACT to incorporate the Resolution Fire Company of Princeton.
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 Charles M. Campbell, James Powell, John L. Thompson, David N. Bogart, William R. Murphy, Abraham Stryker, John Scudder, Charles G. Hollingshead, and William