gently or wilfully, he shall be liable to a penalty of two dollars for each offence, any of which penalties may be sued for and recovered by the trustees hereinafter mentioned, or either of them, in any court of competent jurisdiction in this state, in an action of debt, and the proceeds thereof, after paying the costs and expenses of suing for and recovering the same, shall be applied to repairing the fences and swing gates round the said tract.

Horses, cattle, &c., may

SEC. 3. And be it enacted, That if any horses, cattle, sheep, or hogs, be found running at large in said tract, it shall be lawful for any person so finding them to drive them to any public be impounded pound in the township of Harrington, leaving with the keeper of 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 pound keeper to receive and keep the horses, cattle, and sheep so delivered to him, until the owner thereof shall pay to him the cost and fees of impounding the same, together with damages, if any incurred, and such pound keeper 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 the twenty-third, seventeen hundred and ninety-nine.

SEC. 4. And be it enacted, That a majority of the owners of said tract shall meet on the first Tuesday of April next, at the

house of Henry H. Banta, at Pascack, in the township of Har- Time and rington, and on the first Tuesday in each year thereafter, at mode of electsuch place as a majority of them shall direct, and shall pro- ing trustees. ceed to choose, from among themselves, three persons to be trustees of said lands, who shall hold their office for one year, or until their successors shall be appointed.

SEC. 5. And be it enacted, That the trustees elected as afore- Duties of said shall designate the line of the fence to be erected around trustees. the said tract, and shall assign, by marks and measurement, to each of the owners of said tract a part of the said fence 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 sue for and recover the expenses from the person or persons 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 abovesaid tract.

SEC. 6. And be it enacted, That each trustee shall be entitled to receive seventy-five cents per day for every day spent in Compensathe above mentioned duties, to be paid by the owners of said tion of trustract, in proportion to their interest therein, and shall be assessed, by the said trustces, according to the number of acres

tees.

held by each owner of said tract, and shall make out a duplicate list of the amount assessed upon the property of each individual, who, upon refusal or neglecting to pay the same, after notice of the aforesaid 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 cost of suit.

Passed February 13, 1833.

Preamble.

Trustee authorized to

sell real estate of Isaac Ely,

deceased.

AN ACT to authorize a trustee, therein named, to sell certain real estate late of Isaac Ely, deceased.

WHEREAS Isaac Ely, late of the township of East Windsor, in the county of Middlesex, and state of New Jersey, died intestate, in the western country, in the autumn of eighteen hundred and twenty-six, leaving a wife and six children at his residence in the aforesaid township: and one half of an undivided estate, part of said farm being situate in the county of Monmouth, and the other part, together with the buildings, in the county of Middlesex. In April, eighteen hundred and twenty-nine, Mrs. Ann Ely, widow of Isaac Ely, deceased, and in December, eighteen hundred and thirty, Isaac S. Ely, their eldest son, died, leaving, at this time, three daughters and two sons, namely: Emeline Ely, aged seventeen years, Andemina Ely, aged thirteen years, Elizabeth Amanda Ely, aged eleven years, John W. Ely, aged eight years, and Enoch A. Ely, aged seven years, who inherit the right of their father in the aforesaid undivided farm. WHEREAS it is represented, by petition to the legislature, by Enoch Chamberlin, guardian of the persons and estates of the above named minors, that it would greatly conduce to their interest and advantage to make sale of the above named 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 the said Enoch Chamberlin be, and he is hereby appointed a trustee, with full power and authority to sell and convey that undivided portion of lands belonging to his said wards, Emeline Ely, Andemina Ely, Elizabeth Amanda Ely, John W. Ely, and Enoch A. Ely, which is hereby before mentioned, for the highest sum or sums of money the same will bring, and to execute, make, and deliver a good conveyance or conveyances in the law therefor.

SEC. 2. And be it enacted, That before the said Enoch Cham- Trustee to berlin shall enter upon the trust reposed in him by this act, he give bond. shall enter into bond to the governor of this state, with such surety and in such amount as shall be approved by three judges of the orphans' court of the county of Middlesex, conditioned for the faithful performance of the trust reposed in him by this act, which bond shall be deposited in the office of the secretary of this state.

То

SEC. 3. And be it enacted, That the said Enoch Chamberlin, within six months after the sale of said real estate shall be com- account to the surrogate pleted, shall exhibit, under oath, to the surrogate of the said of Middlesex. county of Middlesex, an exact statement of the amount of the said sales and of the amount he has received for his respective wards' shares of the proceeds of the same, to be by him recorded and filed in the surrogate's office; and that the said Enoch Chamberlin shall be accountable for all moneys by him received for his respective wards, by virtue of this act. Passed February 13, 1833.

AN ACT to dissolve the marriage contract between Samuel Williams and
Mary Williams.

liams divorc

SEC. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the S. Williams same, That the marriage contract heretofore existing between and M. WilSamuel Williams and Mary Williams, of the county of Essex, ed. 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 13, 1833.

AN ACT to provide for the erection of a new State Penitentiary.

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 a state penitentiary, capable of holding one hun- State peniteridred and fifty prisoners, on the principle of separate confine- tiary to be ment, with hard labor, shall be erected on the lands belonging to the state, contiguous to where the present prison now stands,

erected.

Commissioners appointed.

struction.

Proviso.

missioners.

and the yard to be so constructed that one hundred and fifty cells may be added, should they become necessary.

SEC. 2. And be it enacted, That the following named persons, viz: Joseph Kaighn, Charles Parker, and William R. Allen be, and they are hereby appointed commissioners for the erection of the said penitentiary, whose duty it shall be to make all the necessary contracts for the building of the said penitentiary, taking security for the faithful performance of the work in a good and workmanlike manner, and which said commissioners, or either of them, shall not be concerned, or derive any advantage or profit from the said contracts, as principals, agents, or otherwise; and in case of the death or resignation of any or either of the said commissioners before the completion of their trust, the governor shall appoint suitable persons to fill the vacancy.

SEC. 3. And be it enacted, That the said penitentiary shall Mode of con- be constructed on the plan of the state penitentiary for the eastern district of the state of Pennsylvania, subject to such alterations and improvements as the said commissioners, or a majority of them, may from time to time approve and direct: Provided always, that the principle, of the separate confinement of the prisoners with hard labor, be preserved and maintained. SEC. 4. And be it enacted, That the said commissioners are hereby authorized and empowered to employ, in the erection Duties of com- of said penitentiary, a principal and competent architect and superintendent, and the said commissioners are hereby vested with all the necessary power to cause the said penitentiary to be erected and completed: they shall cause all the accounts in relation thereto, to be accurately kept and stated, and shall from time to time deliver copies thereof, with the vouchers, to the treasurer of this state, by whom they shall be audited and stated; which accounts, when so audited and stated, shall be laid before the governor, who shall thereupon draw his order on the treasurer for the payment of the same: and further, the said commissioners shall receive such compensation for their services as the governor shall deem just and reasonable.

SEC. 5. And be it enacted, That the sum of thirty thousand Money apdollars be, and is hereby appropriated to be paid on warrants propriated for drawn by the governor, in favor of the said commissioners, on the building. the treasurer of this state, to be by them applied in erecting the penitentiary aforesaid: Provided, that not more than the sum of twelve thousand dollars shall be drawn by the governor, as aforesaid, on or before the first day of November next: And provided also, that the governor shall have full power to draw warrants for said money in such installments only as, in his opinion, the progress of the work requires.

Commission

SEC. 6. And be it enacted, That the said commissioners, or ers to acount a majority of them, shall make a full report of their accounts, to the govern receipts, and disbursements, and generally of their acts and or and legis proceedings, to the governor of this state, from time to time,

lature.

whenever he shall require it, and annually to the legislature of this state, accompanied with such other, information, in reference to the subject, as they shall deem proper to communicate.

SEC. 7. And be it enacted, That the said commissioners, Convicts may with the consent and approbation of the keeper and acting in- be employed spectors of the state prison for the time being, shall be autho- in building. rized and empowered to employ the convicts upon such work in the erection of said penitentiary, as they are competent to perform, paying due regard to their security and discipline. Passed February 13, 1833.

AN ACT to incorporate the Beneficial Society of the city of Burlington.

WHEREAS a number of the inhabitants of the city of Burlington and its vicinity, in this state, have formed themselves Preamble. into an association, or society, to which they have given the name of "the Beneficial Society of the city of Burlington," the object of which is, to raise a fund to be applied towards the relief or support of such of the members thereof as shall, by sickness, casualty, or other cause, be rendered incapable of attending to their usual trade or calling, and also towards the decent interment of deceased members, or the deceased wives of members.-AND WHEREAS it is believed an act of incorporation will promote the objects of the society, and add to the security of the property, and the said society having, by petition presented to the legislature, prayed to be incorporated-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 James Sterling, Joseph L. Powell, Charles Vansciver, Doctor Charles Ellis, George P. Mitchell, William R. Allen, Michael Hays, John S. Griffith, and all such other persons, not exceeding four hundred, as now are, or hereafter shall become members of the said society, be, and they are hereby ordained, constituted, and declared a body corporate and politic, in fact and in law, by the name, style, and title of "the Beneficial Society of the city of Burlington," and, by Style of incorsuch name, they shall have succession and continuance, and poration. be persons, in law, capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended, in all courts of law and equity whatsoever, in all manner of action and actions, suits, matters, complaints, and causes whatsoever; and that they and their successors may have and use a common seal, and shall have N