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made subject to the same regulations, duties and government, as by law are vested in, and prescribed for the several other townships in the county of Bergen. .
Sec. 3. And be it enacted, That the inhabitants of the
town of West Milford, shall hold their first town meeting at Time and place
the inn now kept by Peter Demarest, in Newfoundland, in of 6rst town meeting. said township, at the time appointed by law for holding
the annual town meetings in the other townships, in the county of Bergen.
Sec. 4. And be it enacted, That on the first Tuesday in
May next, the town committees of the said townships of Mode of division Pompton and West Milford, shall meet at the inn now kept of properly, &c. by Peter Brown, in Wheynockey, at ten o'clock in the fore
noon, and shall then and there proceed by writing, signed by a majority of those present, to allot, divide and assign to the said township of West Milford, such proportion of all surplus moneys of the said township of Pompton, then on hand, due or owing, arising from taxes on dogs, road taxes, taxes for the support of the poor, and for the education of poor children, as the taxable property, and ratables of that part of the said township of West Milford, which is taken off from the township of Pompton, bears to the whole taxable property aud ratables of the present township of Pompton, according to the last assessment; the said township of West Milford to remain liable to pay a like proportion of the debts of the township of Pomptom, if any there should be at that time; and that the said township committees, shall then and there also proceed to make a distribution, between the said two townships of Pompton and West Milford, of such poor persons as shall be chargeable upon the said township of Pompton, at or immediately preceding the time at which this act is to take effect, and that in the division and distri. bution of the said poor, the said two townships respectively, shall be governed by the same laws, rules and regulations, by which they would have been governed had they heretofore existed as separate townships; and if in relation to any such poor, it be uncertain to which of the said two townships they of right, and by law belong, then the said two committees shall divide the same between the said two townships, according to the rule of proportion herein before given; Provided, That if any of the members of the township committees or either of them, shall neglect to attend at the time and place aforesaid, it shall and may be lawful for such members of said committees or either of them, as shall attend to proceed to such division of property and distribu. tion of poor, as is by this section prescribed, and a decision of a majority of those present shall be final and conclusive.
Sec. 5. And be it enacted, That this act shall take effect on and after the second Monday in March next.
Da and C........ 06. 1094
AN ACT authorizing trustees therein named to sell and
convey certain real cstate of David B. Tharp, a minor. WHEREAS, David Tharp, late of Hanover, in the county of
Morris, died, leaving a last will and testament, since duly proved in the surrogate's office in the said county of Morris, in which after making certain specific legacies and Preamble. bequests, he directs among other things, that all the residue of his estate, real and personal, shall be given to his children, living at his decease, to wit: to his sons, threefifths, and to his daughters, two-fifths of the said residuary estate; AND WHEREAS the surrogate general of this state, did, by an order of the Prerogative Court, bearing date the twenty-second day of October, in the year of our Lord, eighteen hundred and thirty-three, appoint three commissioners to divide the real estate of the said testator, among the respective devisees in the manner directed by said will; and the said commissioners in the discharge of their said duties, having assigned and set off to David B. Tharp, a minor of the age of four years, one of the children and devisees of the said deceased, in severalty, five certain lots of land, more particularly described in the report of the said commissioners to the said Prerogative court, as by refeerence to the same will more fully appear; AND WHEREAS the value of two of the said lots situated in the township of Newark, in the county of Essex, consists chiefly in the good and tenantable condition of the buildings thereon, and the said buildings for want of immediate and necessary repairs, are going to rapid decay; AND WHEREAS the annual rent and proceeds of another of the said lots, containing seven acres, and situated in the township of Morris, in the county of Morris, and described in the report of the said commissioners as lot number three, will be inconsiderable from the want of sufficient fences, and the exposed condition of the said lot, and in other respects be unproductive; by reason whereof the said lands and tenements so as aforesaid set apart to the said minor, cannot be made to yield legal interest on the principal value of the same, and the intention of the said testator be in part thereby defeated; and the brothers and sisters of the said minor, and his testamentary guardians being desirous that the said lots and real estate should be sold and disposed of for the benefit of the said minor, and having petitioned for a law for that purpose as more conducive to his interests, and the commissioners aforesaid who divided and set off the said residuary estate to the respective heirs, having concurred in the same-Therefore,
Trustees to sell
Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the
Disposition of proceeds of sales.
same, That William Garthwaite and Joseph N. Tuttle, both of the township of Newark, in the county of Essex, and the survivor of them, be, and they hereby are authorized and empowered to sell and convey three lots of land and premises (being part of the estate of David Tharp, deceased, which was divided and set off to David B. Tharp, a minor child of the said David Tharp; two of which lots are situated in the township of Newark, in the county of Essex, and the third in the township of Morris, in the county of Morris, containing seven acres or thereabouts, formerly owned by one John Harporee,) in fee simple for the highest sum or sums of money the same will bring; and for the same or any part thereof, to execute and deliver in due form of law, in their own names, or in the name of the survivor of them as trustees aforesaid, a good and sufficient deed or deeds of conveyance according to the estate, right, title, and interest, which the said David Tharp, deceased, had in the same at the time of his death; and which sale or sales so made and confirmed by deed, shall entitle the purchaser or purchasers to all the estate, right, title, claim, interest and demand which the said David Tharp, deceased, had in the premises at the time of his death, and which the said David B. Tharp now has in and to the same.
Sec. 2. And be it enacted, That the said trustees and the survivor of them, shall keep a fair account of the sales 80 made by them, under this act, and after deducting all legal costs, expenses and commissions to be allowed by the Orphan's Court of the county of Morris, the said trustees shall vest the whole amount of the balance of the purchase money arising from the sale of the said real estate, on good and sufficient security, at legal interest, under the direction of the said Orphan's Court, and after appropriating annually, such part of the interest and profits of the proceeds of such sale, as may be necessary to educate, maintain and support the said David B. Tharp, until he shall arrive at the age of twenty-one years, shall vest the remainder thereof, on good security, at legal interest; the said trustees to be chargeable and accountable for the principal and the proceeds thereof, raised and received by virtue of this act, after deducting such appropriations as are hereby authorized, in the settlement of their accounts, as such trustees, with the said Orphan's Court; and after the said child shall so arrive at age, then to pay over and dispose of the whole amount of the balance arising from such sale or sales, agreeably to the direction, and according to the true intent and meaning of the last will and testament of the said David Tharp, deceased, and in case the said David B. Tharp, shall die intestate, and leaving no child or children, then after his death, the said trust fund shall go to the same persons, and be disposed of in the same manner, under the direction of the said will, or
otherwise, as the said real estate would have been disposed of, if the same had not been sold.
Trustees to give Sec. 3. And be it enacted, That before the said trustees enter upon the execution of the trust herein assigned to them, they shall enter into bond to the governor of this state, for the time being, for the use of the said David B. Tharp, in such sum, and with such security as shall be approved of by the Orphans' Court of the said county of Morris, conditioned for the faithful performance of the trust by this act assigned to them, which bond shall be deposited in the surrogate's office, of the said county of Morris.
Rights of others Sec. 4. And be it enacted, That no sale or conveyance of the lands or tenements of the said deceased, made under this act, shall affect the rights or interests of any other person or persons whatever, other than the heirs and devisees of the said David Tharp, deceased, and their legal representatives.
Passed February 25, 1834.
A FURTHER SUPPLEMENT to an act entitled “ An act
incorporating the inhabitants of townships,designating their powers, and regulating their meetings,” passed the twentyfirst of February seventeen hundred and ninety-eight.
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 several officers enumerated in the twelfth section of the act, to which this is a supplement, may be elected by a plurality of votes, in any annual town meeting which may resolve to vote by ballot.
Sec. 2. And be it enacted, That so much of the twelfth section of the act, to which this is a supplement, as comes within the purview of this act, be, and the same is hereby repealed.
Passed February 25, 1834.
AN ACT to divorce Sarah S. Doty from her husband Burne
B. Doty. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the
same, That Sarah S. Doty, of the county of Hunterdon, be, and she is hereby divorced from her husband Burne B. Doty, and that the marriage contract heretofore existing between them, the said Sarah S. Doty and Burne B. Doty, her husband, be, and the same is hereby as fully and absolutely dissolved, as if they had never been joined in matrimony.
Passed February 25, 1834.
AN ACT to divorce Elizabeth Morse, from her husband
Robert Morse. Be IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of the same, That Elizabeth Morse, of the county of Warren, be, and she is hereby divorced from her husband Robert Morse, and that the marriage contract heretofore existing between them, the said Robert Morse and his wife, Elizabeth Morse, be, and the same is hereby as fully and absolutely dissolved, as if they had never been joined in matrimony.
Passed February 25, 1834.
AN ACT to ratify and confirm an agreement made between
the commissioners appointed by the Governor of the state of New York, and the commissioners appointed by the Governor of the state of New Jersey, respecting the terri.
torial limits and jurisdiction between the said states. WHEREAS, commissioners duly appointed on the part of the
state of New York, and commissioners duly appointed on the part of New Jersey, for the purpose of agreeing upon and settling the jurisdiction and territorial limits of the two states, have executed certain articles, two copies for each state, which are contained in the following words:
AGREEMENT made and entered into by and between Benjamin F. Butler, Peter Augustus Jay and Henry Seymour,