A SUPPLEMENT to the act, entitled "An act to establish the Peoples' Bank at Paterson," passed the eleventh day of December, A. D. eighteen hundred and twenty-four. WHEREAS, it is represented, that much inconvenience is experienced from the provisions of a section of the act of incorporation, of the Peoples' Bank of Paterson, which requires that the President shall always be present at the discounting of notes, drafts or bills, by the discounting board; and that in case of his sickness or absence, a full quorum is required for said business; Therefore,

Preamble.

dent to be eleat

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 from and after the passage of this act, it shall be lawful for the directors of said company, or a majority thereof, to elect, by ballot, from among their number, a A Vice-Presi Vice President, who shall hold his office until the next legal ed. election of officers in said company; and that annually thereafter, they shall elect such officer, at the time and in the manner of electing their President; and shall also, supply his place in the same manner.

and three Direc

Sec. 2. And be it enacted, That if on any regular discounting day of said company, the President shall be sick or ab- Vice-President sent from Paterson, any three of the directors, the vice-pre- tors may consident being one of them, shall be deemed a competent board stitute a board. for the purposes of discounting, any thing in the fourth article of the twelfth section of the act to which this is a supplement, to the contrary notwithstanding.

Passed March 3, 1835.

AN ACT to authorize Joseph Smith, Restore S. Lamb and John Chambers, to erect a dam and flood gates across the main north branch of Rancocas Creek.

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 and may be lawful for Joseph Smith, Restore S. Lamb, and John Chambers, their heirs and assigns, to erect,

.d over main

Dam author and forever maintain a dam across the main north branch of ed to be erect- Rancocas creek, at a point called the "Short Turns," where north branch of the said creek passes through their lands, in the township of Rancocas creek. Northampton, county of Burlington, about one mile above

Proviso.

Proviso.

the confluence of the New Lisbon stream with said creek, as high as will hold a sufficient head of water, for carrying on a saw mill and other water works, which they, or any of them, may at any time hereafter see proper to erect; they, the said Joseph Smith, Restore S. Lamb, and John Chambers, their heirs and assigns, forever (if necessary) keeping in good order, sufficient gates and ways for the passage of lumber down said stream; provided, that nothing herein contained, shall be construed to prevent any person or persons from maintaining his or their action or actions, against the said Joseph Smith, Restore S. Lamb, and John Chambers, their heirs and assigns, for any damage they may sustain by reason of erecting said dam; and also provided, that in erecting the said dam, it shall not be construed or implied, that the said Joseph Smith, Restore S. Lamb and John Chambers, their heirs and assigns, shall have the right or power under this act, to overflow or retard the velocity of the water on the land of John Black, without his consent or his heirs and assigns.

Passed March 3, 1835.

of costs, for work

AN ACT securing to Mechanics, and others, payment for their labor and materials in erecting any house, or other building, within the limits therein mentioned.

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 and every dwelling-house or other building, hereafter constructed and erected, within the limits of Buildings sub- the township of Trenton, in the county of Hunterdon, and ject to payment Nottingham, in the county of Burlington, in this state, shall manship or ma- be subject to the payment of the debts contracted for, or by terials furnished. reason of any work done, or materials found and provided by any brick-maker, brick-layer, stone cutter, mason, merchant, carpenter, painter and glazier, iron-monger, blacksmith, plasterer, and lumber-merchant, or any other person or persons employed, or furnishing materials for, or in the erection and constructing such house or other building: but

lime

if such house or other building should not sell for a sum of
money sufficient to pay all the demands, for work and mater-
ials, over and above any prior claim on mortgage or judg-
ment against any land owner, on the land on which said
building or buildings may be erected, and prior to the erec-
tion of said building or buildings, then, and in such case,
the same shall be averaged, and each of the creditors paid a
sum proportioned to their several demands; provided always, Proviso.
that no such debt for work and materials shall remain a lien
on the said houses or other buildings longer than two years
from the commencement of the building thereof; unless the
claim be filed within six months after performing the work or
furnishing the materials, in the office of the clerk of the In-
ferior Court of Common Pleas of the County where such
building may be erected, as the case may be, and an action
for the recovery of the same be instituted within one year af-
ter such work done, or materials found; and all claims for
work done, and materials furnished, shall be filed within six
months from the time that the materials were furnished and
the work done, or be forever barred and excluded from the
provisions and benefits of this act; and provided also, that Proviso.
each and every person having received satisfaction for his or
their debt, for which a claim shall be filed as aforesaid, or ac-
tion brought as aforesaid, shall thereupon execute a release
and discharge for the same, expressing therein the date of
the entry of said lien in the clerk's office, of the county where
such building is erected, and the amount thereof, and ac-
knowledge the same before a judge of the inferior court of
common pleas of the county where the same may be filed,
which shall be sufficient authority for the clerk to enter satis-
faction to the same, upon payment of costs.

Sec. 2. And be it enacted, That in all cases of lien created by this act, the person having a claim fiiled agreeably to

act.

the provisions hereof, may, at his election, proceed to recover Proceedings in it by personal action, according to the nature of the demand, cases of lien against the debtor, his executors or administrators, or by scire created by this facias against the debtor and owner or owners of the building, or their executors or administrators; and where the proceeding is by scire facias, the writ shall be served in like manner as a summons, upon the person or persons named therein, if they can be found within any of the said counties where such building is erected, or are resident therein; or if they cannot be found, or are not resident in either of said counties, by fixing a copy of the writ on the door of the building against which the claim is filed, and upon the return of service and failure of the defendant or defendants to appear, the court shall render judgment, as in other cases upon writs of scire facias; but if they, or either of them appear, such person or persons may plead and make defence, and the like proceed

ings be had as in personal actions for the recovery of debts; and upon judgment being rendered thereupon, execution shall issue against the building or buildings and land upon which the same is erected, subject to all prior claims as aforesaid.

Sec. 3. And be it enacted, That whenever any master or workman shall refuse to pay to any journeyman or laborer, Remedy of jour employed by him, in the erection or constructing any house or neyman or labor- other building, his wages, it shall be the duty of such jourers, for nonpayneyman or laborer, to give notice, in writing, to the owner or ment of wages. owners of such house or other building, of such refusal, and the amount due him or them, and so demanded, and the said owner or owners shall thereupon be authorized to retain the amount so due and claimed, by any such journeyman and laborer, out of the amount due by him or them to such master workman, and give notice to such master workman of such notice and demand, and if not liquidated and paid by such master workman, such owner or owners, on being satisfied of the correctness of such demand, shall pay the same; and the receipt of such journeyman and laborer for the same, shall be a sufficent offset in the settlement of the accounts between such owner or owners of any house or other building, and such master workman.

Claims filed to designate the building.

Buildings by

contract ex

Sec. 4. And be it enacted, That every claim to be filed as aforesaid, shall particularly designate the building for which the work therein to be mentioned, was done, or the materials, therein to be mentioned were found; And provided always, that the provisions of this law shall not extend to include repairs done by any tenant on property rented by him, without the written consent of the owner thereof, that the same may be brought within the provisions of this act.

Sec. 5. And be it enacted, That whenever within any of the said townships, before named, any building shall be erectempted from lien ed by contract, then, and in such case, payment according to such contract, by the owner or owners of the building, to the contractor or contractors, shall fully and entirely discharge such building from all lien, for work done and materials furnished; Provided, the said contract be in writing, and filed as aforesaid, within sixty days after the same shall have been made and executed.

Passed March 3, 1835.

AN ACT to prevent the issuing and circulation of Small
Notes for the payment of Money.

suing bank notes

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 from and after the fourth day of July next, it shall not be lawful for any person or persons, or body corpo- Prohibition of israte, to make, issue, or put in circulation, or to pay away, under five dolpass, exchange, or transfer any note, bill, ticket or paper, lars. purporting to be a bank note, or of the nature, character, or appearance of a bank note, of a less denomination than two dollars; and that from and after the first day of January, eighteen hundred and thirty-six, it shall not be lawful for any person or persons, or body corporate, to make, issue or put in circulation, or to pay away, pass, exchange, or transfer any note, bill, ticket or paper, purporting to be a bank note, or of the nature, character, or appearance of a bank note of a less denomination than three dollars; and that from and after the fourth day of July, eighteen hundred and thirty-six, it shall not be lawful for any person or persons, or body corporate, to make, issue, or put in circulation, or to pay away, pass, exchange, or transfer any note, bill, ticket, or paper, purporting to be a bank note, or of the nature, character, or appearance of a bank note, of a less denomination than five dollars.

Sec. 2. And be it enacted, That any, and every person and persons, and body corporate, their officers, agents, or ser- Penalty for viovants, offending against any of the provisions of the first sec- lating this act. tion of this act, shall forfeit and pay, for every such offence, the sum of five dollars, to be recovered by any person suing for the same, as debts of like amount are by law recoverable.

Sec. 3. And be it enacted, That no such note, bill, ticket,

or paper, mentioned in the first section of this act, shall be Notes under five held or taken to be void, or of no effect, by reason thereof; dollari not void. but all suits and actions may be brought and sustained on such note, bill, ticket, or paper, any thing herein contained to the contrary notwithstanding; and in such suits or actions, if the same shall be determined in favor of the plaintiff, judg ment shall be rendered for the principal sum due on such note, bill, ticket, or paper, together with interest and cost.

Sec. 4. And be it enacted, That any, and every person or persons, and body corporate, their officers, agents, or ser- Penalty for of vants, offending against the provisions of the first section of fences. this act, by putting in circulation, paying away, passing, exchanging, or transferring any such note, bill, ticket, or paper, as is mentioned in said section, issued, or purporting to be