lands of heirs

the same, That David Ellis and Peter Ellis be, and they are
hereby appointed, trustees, with full power and authority to Trustees au-
sell and convey all the real estate, belonging to the heirs of thorized to sell
the said Meribah Fowler, of which she was in the possession of M. Fowler.
at the time of her death, for the highest sum or sums of
money the same will bring, at public sale, at least thirty.
days notice being first given, of the day of sale, by adver-
tising in one or more newspapers published in the county of
Burlington, and by hand bills set up at five or more public
places in the vicinity of the said property; and to execute
make and deliver a good conveyance or conveyances in law,
to the purchaser or purchasers of the same, and such deed or
deeds of conveyance shall vest in the purchaser or purchasers,
his or their heirs and assigns forever, all the estate, right,
title and interest which the said Meribah Fowler, deceased,
had of, in and to the said premises, with the appurtenances,
at the time of her death.

Sec. 2. And be it enacted, That before the said trustees
shall enter upon the trust reposed in them by this act, they
shall enter into bond to the governor of this state, with such Bond to be gi
ven to the gov
surety and in such sum as shall be approved by the orphans'
court of the county of Burlington, conditioned for the faithful
performance of the trust reposed in them by this act, which
bond shall be deposited in the office of the secretary of this

state.

ernor.

count to or

Sec. 3. And be it enacted, That the said trustees, within one year after the sale of the said real estate shall be com. Trustees to ac pleted, shall exhibit, under oath or affirmation, to the surro- phan's court of gate of the said county of Burlington, an exact statement of Burlington. the amount of sales, and the amount they have received for the same, to be by him recorded and filed in his office.

·

Sec. 4. And be it enacted, That the said trustees shall be accountable for all money so received by them, and after Distribution of paying off all legal claims and liens of said estate, if any, to proceeds of gether with such reasonable charges for their services as sale. shall be allowed by the orphans' court of the county of Burlington, shall distribute the surplus moneys among the heirs of said deceased according to law; and the receipt or discharge of the said heirs, or their proper guardians, shall be their sufficient vouchers to settle up the said estate in the orphans' court aforesaid.

Sec. 5. And be it enacted, That nothing in this act contain- Proceeds to deed shall effect the descent of the proceeds of the sales of said scend as lands. real estate, but the same shall descend as the said real estate

would have done had this act not been passed.

Passed, February 13, 1836.

N

Location of branch road.

opened.

A FURTHER SUPPLEMENT to "An Act to incorporate

the New Jersey, Hudson and Delaware Rail Road Company," passed the eighth day of March, A. D. eighteen hundred and thirty-two.

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, 'l'hat it shall and may be lawful for the New Jersey, Hudson and Delaware Rail Road Company, to construct, or cause to be constructed, a lateral rail road, to commence at the Delaware river, within six miles above, or at the junction of the Paulins Kill, with said Delaware river, and to run from thence through the counties of Warren and Sussex, to the New York state line, somewhere between the Warwick and Blue Mountains, within five miles of where the Waln Kill crosses the said line, with power to build a bridge across the Delaware river, by and with the consent of the state of Pennsylvania, so as not to cause any obstruction or impediment, to the free navigation of said river; also, with power to join upon any rail road already chartered, or to be chartered, leading to the Hudson river, at or near Newburgh.

Sec. 2. And be it enacted, That for the purpose of authorBooks of sub. izing the said company to make, or cause to be made, the said scription to be lateral road, subscriptions may be raised to the amount of five hundred thousand dollars, and the privilege of increasing it to eight hundred thousand dollars, and that Samuel Fowler, John Bell, Joseph Chandler, William Hyberger, Enos Goble, Daniel Haines, Samuel Price, John I. Blair, and Joseph E. Edsall, be, and they are hereby appointed commissioners to open books for subscription to such stock, whose duty it shall be to open books for receiving subscriptions for such stock, and proceed therein in the same manner prescribed by the act to which this is a supplement, for receiving subscriptions to the stock for the main road; and the said commissioners shall cause certificates to be issued to the subscribers for such stock.

Sec. 3. And be it enacted, That when the said stock shall Flection of have been subscribed, the commissioners shall proceed to give first directors. notice of a meeting of the holders of said stock, to choose eleven directors in the same manner as is prescribed in the act to which this is a supplement, and they shall be authorized to construct the said lateral road of the same width and dimensions as the road authorized in the original act; and the said directors, and the stockholders aforesaid, shall have respectively, the same rights, powers, and privileges given and granted by the said act, to the directors and stockholders of the said New

Jersey, Hudson and Delaware Rail Road Company, and be subject to all the restrictions, limitations, taxes, conditions, and Powers and privileges of provisions in the said act contained, in the same manner, and to directors and the same extent and effect, as if the same were herein again re- stockholders. peated, and be entitled to raise and take the same rates of toll for transportation and travelling on said lateral road, hereby authorized to be erected, as are specified and allowed by the said original act, to be raised and taken on the road in said act mentioned.

Sec. 4. And be it enacted, That the said capital stock of

the said lateral road, so subscribed for as aforesaid, and the div- Stock held soidends and profits thereof, shall be held and enjoyed separate, perate from apart, and distinct from the stock of the main road, and not be main road. subject to any contracts or liabilities for the same; provided, Proviso. that in the event of there being any other land or lands taken or used by authority of this act, over and above the land necessary for this rail road which shall not exceed two acres in any one township through which said road shall run, then, in that case, it shall be liable to the same taxation that other lands are liable to, in the counties where said land shall be used or taken ; Provided also, that if any part of said lateral road, authorized Proviso. to be constructed by virtue of this supplement, should be abandoned, or not made within the time limited by the act to which this is a supplement, then, in that case, this supplement shall be null and void.

Sec. 5. And be it enacted, That the Legislature may alter, Act may be amend, and modify this further supplement whenever in their altered or reopinion the public good shall require.

Passed, February 13, 1836.

pealed.

Preamble.

J. T. Hutch inson and R.

real estate

AN ACT to authorize John T. Hutchinson, and Runey R. Forman, to sell certain real estate, in the county of Monmouth.

WHEREAS John Vaughan, late of the township of Upper Freehold, of the county of Monmouth, deceased, in and by his testament and last will, devised certain real estate there situate, of about one hundred and seventy acres, to be equally enjoyed by his two daughters, Rebecca Ward and Elizabeth Downes, and to the descendants of Rebecca, except her son John, in the event of the death of Elizabeth Downes without issue: And whereas it hath been represented to the Legislature, that the said Rebecca Ward hath departed this life, leaving descendants her surviving; and that the said Elizabeth Downes hath attained an advanced age without having issue; and that the interest of the parties would be greatly promoted by a sale of the said premises; and the parties interested therein, having, by petition, prayed for legislative aid in the premises, and the prayer of the said petitioners appearing to be reasonable-therefore,

Sec. 1. BE IT ENACTED by the Council and General As sembly of this State, and it is hereby enacted by the authority of the same, That the said John T. Hutchinson and Runey R. Forman, be, and they are hereby empowered to make_sale R. Forman au- of all and singular the said real estate whereof the said John thorised to sell Vaughan died seized, for the best price that can be obtained for the same at public vendue, first giving notice thereof as executors and administratots are required by law to do, and which, by his last will and testament, were devised "to be equally_enjoyed by his said two daughters, Rebecca Ward and Elizabeth Downes, and to the descendants of Rebecca, except her son John, in the event of the death of the said Elizabeth Downes without issue :" and to execute and deliver good, legal, and sufficient deed or deeds, in their names, to any purchaser or purchasers thereof; which said deed or deeds shall convey to, and vest in, the purchaser or purchasers of the said real estate, all the right, title, interest and estate whatsoever, of the said devisees and their descendants, in and to the same.

Ivestment and
distribution
of proceeds.

Sec. 2. And be it enacted, That the said John T. Hutchinson and Runey R. Forman, shall invest the nett proceeds of the sale of the said real estate in some safe securities, drawing interest for the use of the parties, under the direction of the Orphans' Court of the county of Monmouth, until the decease of the said Elizabeth Downes, and until William Ward, one of the

descendants of the said Rebecca Ward, shall be of full age, if he shall so long live: Provided, that the one moiety of the said proceeds shall be secured by bond and mortgage upon the said premises, conditioned for the payment of the interest thereof, annually, unto the order of the said Elizabeth Downes, for and during her natural life; and, at her decease, without issue, the principal to be paid to the descendants of the said Rebecca Ward, except the said John Ward; and in accordance with the provisions of the said Rebecca Ward, except the said John Proviso. Ward; and in accordance with the provisions of the said last will and testament of the said John Vaughan; Provided also, that this act shall not be construed to the prejudice of the just and lawful claims of other persons not named and embraced herein.

Passed, February 15, 1836.

AN ACT to revive the Act entitled "An Act to Incorporate the Passaic Turnpike Company," passed February second, eighteen hundred and thirty-three.

WHEREAS it appears that the act incorporating the Passaic Turnpike Company has expired by its own limitation, and it is represented that the construction of said turnpike can now be effected, and that it would afford great convenience Preamble, to the inhabitants of that part of the state, as well as to travellers in general-Therefore,

revived.

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 act passed on the second day of February, one thousand eight hundred and thirty-three, entitled "An Former act act to Incorporate the Passaic Turnpike Company," be, and the same is hereby revived, and made of the same force and effect, as if the said company had commenced their operations within the time limited in the ninth section of their charter.