proceeds of sale. minors, have in the same, and which sale or sales so made, shall entitle the purchaser or purchasers to all the estate, right, title, claim and demand which the said minor heirs have in the premises. Sec. 2. And be it enacted, That the said trustees, and the Distribution of survivor of them, shall keep fair account of the sale or sales so made by them, under this act, and after deducting all legal costs and expenses, to be taxed by the Orphans' Court of Bergen county, to invest the whole amount of the balance arising from such sale or sales, in bond and mortgage, on unincumbered real estate, in the state of New Jersey, for the benefit of the said minor heirs, and to receive and pay over, semi-annually, to the said minor heirs, or to and for their benefit, the interest arising from such investment, until said minor beirs shall arrive at full age, when the principal shall descend as real estate. ernor. Sec. 3. And be it enacted, That before the said Jacob Van Bond to be giVorst and Cyrus S. Browning, engage in the trust assigned them ven to the gov- by this act, they shall enter into bond to the Governor of this state, in such sum, and with such security, as the surrogate of the county of Bergen shall approve, conditioned for the faithful performance of the said trust, which bond shall be deposited in the secretary's office of this state. Sec. 4. And be it enacted, That the said Jacob Van Vorst Accounts to be and Cyrus S. Browning, or the survivor of them, the executors filed in the sur- or administrators of the survivor of them, shall, within three rogate's office months after the sale or sales of said land, make, subscribe, and of Bergen. exhibit, under oath or affirmation, to the surrogate of the county of Bergen, a true statement of the amount of such sale, to be by him recorded and filed; and that the said Jacob Van Vorst and Cyrus S. Browning, their executors and administrators, shall be held accountable for all moneys received by them by virtue of this act. Passed, March 8, 1836. AN ACT relative to Juries. ties. Sec. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority Sheriffs to proof the same, That it shall be the duty of the sheriffs of the duce a list of several counties of this state, to cause a book or list of all the freeholders to freeholders, as are qualified by law, and competent to serve as clerks of counjurors, to be made, which book or list, the said sheriffs of each of the counties, shall produce before the clerk of the Court of Common Pleas of the county of which he shall be sheriff, at least thirty days before the next term of the court; and it shall be the duty of the said sheriff, together with the said clerk, to proceed and select by ballot such number of freeholders for jurors, as they shall deem proper, and the said sheriff shall summon the persons so selected to serve as petit jurors for the term of the court next following such selection. Mode of so Sec. 2. And be it enacted, That from and after the first day of May next, the name of each and every person who shall be summoned and returned by the sheriffs of the several counties of this state, or any or either of them, to serve as petit lecting jurors. jurors in any of the courts of this state hereinafter named, shall be written or printed, on several and distinct pieces of paper, as nearly of equal size and similar shape as may be, by the clerk of said county, and when, the trial of any cause, civil or criminal, shall be ordered on, or a venire is delivered to the sheriff, the said tickets, with the names of the said jurors thereon, shall all be put into a box, to be provided for that purpose, by the clerk of said court, at the expense of the county; and thereupon the sheriff, or some disinterested person, by direction of the said court, shall in open court, after having well mixed the said papers, deposited in said box, draw therefrom twelve of said papers, one after another, and if any of the persons whose names shall be so drawn, shall not appear, or be challenged, and set aside, then such further number of said papers shall be drawn until twelve persons of those who appear, shall be sworn or affirmed, as the law directs; and such twelve persons shall be the panel to be returned by the sheriff or other officer as the jury to try the cause so to be tried as aforesaid; and the sheriff shall, then make out a panel of such persons, and return the same, as in other cases, and such panel shall be good and effectual in law. Sec. 3. And be it enacted, That if any cause shall be brought to trial, in any of the said courts, respectively, before Talesmen may the jury which may be charged in any other cause shall have gi- be summoned. ven in their verdict, or have been discharged, it shall and may be lawful for the court to order that twelve of the remaining papers Cases in which aforesaid (hot containing the name of any of the jurors in such other cause) be drawn, in manner aforesaid, for the trial of the cause which shall be so brought or to be tried; and if it shal at any time happen, that by reason of challenges, or otherwise, the whole of said names be drawn before a jury shall be had therefrom, it shall be lawful for the court to cause talesmen to be summoned and drawn as aforesaid, and added to the said panel until the requisite number is obtained. Sec. 4. And be it enacted, That nothing in this act shall this act shall operate on, or interfere with the present mode of summoning not operate. or returning special or struck juries, juries of view, or grand jurors in this state, or juries wherein any prisoner is entitled to a copy of the panel and peremptory challenges, but shall apply only to petit or common juries in the circuit courts, courts of oyer and terminer and general jail delivery, courts of common pleas, and courts of general quarter sessions of the peace of Former acts repealed. this state. Sec. 5. And be it enacted, That so much of all acts, or parts of acts, now in force, which are inconsistent with, or repugnant to the provisions of this act, be, and hereby are repealed. Passed, March 9, 1836. Preamble. 18,000 dollars AN ACT making a further appropriation for the completion of the State Penitentiary. WHEREAS, it appears from the report of the commissioners, appointed to erect a new Penitentiary, that a further appropriation is necessary for the completion of the same-Therefore, Sec. 1. BE IT ENACTED by the Council and General Asappropriated to sembly of this State, and it is hereby enacted by the authority completion of of the same, That in addition to the amount heretofore appronew state pri- priated, the Governor, or person administering the government of this state, be, and he is hereby authorized to draw in favor son. of the commissioners appointed to build the new State Penitentiary, from any unappropriated money in the treasury of this state, the further sum of eighteen thousand dollars, to be appropriated in conformity with the act of the thirteenth of February, eighteen hundred and thirty-three, for the erection and completion of the said new State Penitentiary. Governor thorized to au Sec. 2. And be it enacted, That in case there should not be an amount of unappropriated money in the treasury of this state, sufficient to meet the drafts authorized by this act, it shall and may be lawful for the Governor, or person administering borrow money. the government of this state, to borrow an amount of money to meet the said appropriation at a rate of interest not exceeding five per centum, per annum, and to reimburse the same at any time not less than one year from the contracting the loan; and to pledge the faith of this state for the payment of the principal and interest of all moneys that may be borrowed as aforesaid. Passed, March 9, 1836. AN ACT to provide for the removal of the prisoners to the Prisoners may 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 keeper and inspectors of the State Prison, are hereby authorized and directed to remove, or cause to be removed be removed, all the convicts from the old State Prison, to the from the old to new State Penitentiary, from time to time, so soon as the cells the new state and apartments of the new State Penitentiary, are so far com- prison, pleted as to furnish, in the opinion of the said keeper and inspectors, safe and secure accommodations for the convicts; and the said convicts, when removed to the said new State Penitenary, shall there be and remain, kept, imprisoned, and punished, according to their respective sentences, and the laws of this state, until duly discharged. Passed, March 9, 1836. Proviso of fourth section of former act repealed. A SUPPLEMENT to the Act entitled "An Act to incorporate the Protestant Episcopal Church of St. Mary, in the City of Burlington," to annul the former charter thereof, and to repeal "An Act to amend and confirm the charter of the Episcopal Church, called St. Mary, in the City of Burlington," passed May twenty-eighth, seventeen hundred and ninety-three. 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 the proviso contained in the fourth section of the act to which this is a supplement, be, and the same is New proviso. hereby repealed; and that the following proviso be inserted in lieu thereof, viz.: Provided always, that in the disposition, sale, or alienation of such messuages, houses, lands, tenements and hereditaments, the consent of at least six members of the vestry shall be had and obtained. Part of former Sec. 2. And be it enacted, That the words following the act repealed, second proviso, in the eleventh section of the act to which this is a supplement, to wit: "That if at any time nine or more members of the said vestry shall agree so to do, they may discharge said minister, giving him six months notice of their intention, after which time his salary shall cease, and the said minister shall peaceably leave the church, and" be, and the same are hereby repealed and stricken out of the said eleventh section. Passed, March 9, 1836. |