ACTS

OF THE

FIFTY-NINTH

GENERAL ASSEMBLY

OF THE

STATE OF NEW JERSEY.

AN ACT providing for the distribution of the late compilation of the Public Laws of this State, and for compensation for the compiling and printing the same.

Manner in which

to be printed.

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 treasurer of this state, shall, on receipt of two hundred and fifty copies of the compilation of the public laws of this state, passed since the revision, in the year Harrison's comeighteen hundred and twenty, compiled by Josiah Harrison, pilation of laws after retaining two copies for himself, immediately cause two of New-Jersey hundred and forty-eight copies to be delivered to, and distributed among the persons and in the proportions following, namely: to the governor of this state, for himself, one copy, and two copies to be by him transmitted to the executives of each of the several states and territories within the United States, for the use of the states and territories; to the secretary of the department of State of the United States, four copies; to the justices of the Supreme Court, the attorney-general, the secretary of state and clerk of the Supreme Court, and clerk in Chancery, of this State, each one copy; to the clerk of Council, for the use of Council, fifteen copies; to the clerk of Assembly, for the use of Assembly, thirty copies; to the clerks of each of the counties, for the use of the county, one copy; to the surrogates of each of the counties, one copy for the use of the county; and to each of the boards of chosen freeholders, for the use of such boards, one copy; and to each of the present members of the Legislative Council and General Assembly of this State, one copy; the remainder to be depo

Bum to pay
Harrison.

sited with the Librarian of this state, at the disposal of the governor, to make such disposition thereof among the several public libraries of this state, or otherwise, as he shall see proper.

Sec. 2. And be it enacted. That the treasurer of this state, shall, on receiving from the compiler of the said laws, Josiah Harrison, two hundred and fifty copies of the same, be, and he is hereby authorized, to pay to the said Josiah Harrison, the sum of seven hundred and forty dollars, being the balance due to him for his services, as well for compiling and indexing the same, and the late revised laws, as his expenses in the printing, binding, and delivering the same to the treasurer for the use of the state.

Passed, November 6, 1834.

Preamble.

AN ACT to confirm the division of certin Real Estate, between the heirs of Isaac Berdan, deceased.

WHEREAS, a division of the Real Estate whereof Isaac Berdan, late of the county of Bergen, deceased, died seized, was made by the Orphans' Court of the said county, between Isaac Berdan, junoir, Leah Vandelinda, the wife of Ralph Vandelinda, and the devisees of Samuel Berdan, deceased, which Isaac Leah and Samuel, were the heirs at law, of the said Isaac Berdan, deceased: AND WHEREAS, the said division is not binding and valid at law, by reason of want of jurisdiction in said court: AND WHEREAS, the said division was justly, equally and impartially made, by three judicious and disinterested freeholders, under their oaths: AND WHEREAS, it is for the interest of all parties concerned, that the said division should be confirmed, and they have joined in petition for the confirmation thereof; Therefore, Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority estate confirmed of the same, That the division of the real estate, whereof Isaac Berdan, late of the county of Bergen, deceased, died seized, made by James H. Brinkerhoff, Isaac J. Van Saun, and David I. Christie, commissioners appointed by the Orphans' Court of the county of Bergen, at the term of January, one thousand eight hundred and twenty-nine, as contained in the map and report by them made and signed, dated the twentyfourth day of March, one thousand eight hundred and twentynine, which report was confirmed by the said court, and is now on file, in the Surrogate's office of the county of Bergen be confirmed and made valid; so as to divide, and make partition of the said lands and premises, in the same manner, as

Division of real

they are therein divided, finally, effectually and conclusively, between the above named Isaac Berdan, junior, Leah Vandelinda, and the devisees of Samuel Berdan, deceased.

Manner in

heirs.

Sec. 2. And be it enacted, That the shares in the said division, apportioned to Isaac Berdan and Leah Vandelinda, shall vest in each of them, respectively, in severalty, in fee simple; which the estate and that the shares thereof in said division, apportioned to John shall vest in the Berdan, vest in severalty in the said John Berdan; and in the devisees, in remainder of the same estates, and subject to the same limitations, equities, liens, incumbrances and contingencies, as the undivided share of the said Samuel Berdan, deceased, by his last will and testament, vested and was made subject to: Provided always, that nothing in this act contain- Proviso. ed, shall affect the title, claim or estate of any other person or persons, except the above named three heirs of said Isaac Berdan, deceased; and any one claiming, or to claim, by, through or under them, or either of them.

Passed, November 7, 1834.

AN ACT to authorize Mary Pitney, widow and Adminis-
tratrix, and Benjamin Pitney, junior, Administrator of
Byram Pitney, deceased, to execute a certain contract,
made by said deceased, with one Thomas Dunlap, of the
county of Sussex, for the sale of Real Estate.

WHEREAS, it appears to the Legislature, that Byram Pit-
ney, deceased, late of the township of Byram, in the coun-
ty of Sussex, in this state, who died intestate, did, in his
life time, make an agreement, in writing, dated the twenty-
sixth day of March, in the year of our Lord, eighteen
hundred and twenty-five; and executed by the said Byram
Pitney, deceased, and one Thomas Dunlap, in the presence
of one witness; and did thereby agree, to sell a certain Preamble.
tract of land, to the said Thomas Dunlap, of about sixty-
five acres, and seventy-two hundredths of an acre, situate
in the township of Hardiston; which land Byram Pitney,
deceased, in his life time, purchased of one George Robin-
son and wife, as by their deed will appear, and gave the
said Dunlap possession of said tract of land, who has since
possessed the same; but no conveyance has ever been ex-
ecuted for the same, and a portion of the price therefor,
yet remains to be paid; and the said Byram Pitney, having
since departed this life, and said agreement having been at-
tested by only one witness; and Susan Wood, one of the
daughters of the said Byram Pitney, who intermarried

deceas'd, autho

with William A. Wood, of Orange county, in the state of New-York, having also departed this life, leaving issue, under the age of twenty-one years; and no deed can now be executed, without Legislative aid: AND WHEREAS, the administrators of Byram Pitney, deceased, have, by their petition, requested that they be empowered, to make a deed to the said Thomas Dunlap, for the tract of land aforesaid; Therefore,

Sec. 1. BE IT ENACTED by the Council and General Assembly of this state, and it is hereby enacted by the authority of Administrators the same, That Mary Pitney, administratrix, and Benjamin of Byram Pitney Pitney, junior, administrator of the said Byram Pitney, derized to fulfil an ceased, be, and they are hereby authorized and empowered, engagement to execute and deliver, to the said Thomas Dunlap, a deed made by him, for the sale of cer- for the said tract of land and premises, pursuant to said agreement, between him and said deceased; which deed, shall have the same force and effect, as a deed from the said Byram Pitney, in his life time, would have had; and also, to receive such portion of the purchase money, as remains unpaid, and distribute it among the several heirs, of the said Byram Pitney, deceased, as by law they are required to distribute other money belonging to said estate.

tain lands,

Passed, November 10, 1834.

Affidavit to be

filed in office of secretary of

state.

A SUPPLEMENT to an act entitled, "An act to incorporate the Manufacturers Bank at Bellville."

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 notes or bills, until an affidavit, by the president and cashier, shall have been made and filed in the office of the secretary of this state, stating that fifty thousand dollars of the capital stock of said corporation has been bona fide subscribed and paid in, conformable to the provisions of said act; and that the whole of the fifteenth section of the act to which this is a supplement be, and the same is hereby repealed.

Sec. 2. And be it enacted, That so much of the third section of the act to which this is a supplement, as requires the Part of former president of said bank to be a resident of the township of Bloomfield, be, and the same is hereby repealed.

act repealed.

Passed, November 11, 1834.