See Writ of error 401

See Limitation 411

Proceedings in 425

ELECTORS — Of president and vice president, when and how chosen, duties, &c. 10G, 5o4

When appointed 265

Vacancies, how filled 799

ELECTION— Of members of assembly, sheriffs, &c, regulated 273, 303

Of county collector , 321

Of township officers 342

For electors, memoers of congress, &c 534, 798

Of militia officers 586

If candidates have equal votes, second election 740

Officers of, not to be candidates 741

Who have a right to vote 741

Where voters are to vote 742

When polls opened and closed 74:;

Penalty on officers for misbehavior 743

Oath of officers 743

To be by ballot 744

ELECTION BOX— How provided, robbery of, &c 743

ELIZABETH — Borough incorporated 97, 104

Charter in, part repealed 525

Bounds of 520, 539

Trial of appeals in 713

EMBRACERY— Definition and punishment 250

EMBEZZLING — By servants, definition and punishment 253

ENDORSEMENT— On ca. sa 424

ENGLISH LANGUAGE— Judicial proceedings to be in it 141

ENTAILS — Nature and operation 774

ENTERING HOUSE— With intent to rob, &c 253

ENTRY. — When right of, taken away 346

See Limitation 411

ENTRY OF SATISFACTION— Of judgment, how made 760

EQUITY OF REDEMPTION— When barred 412

ERROR — Variance between writ and record amendable 141

Death of party between verdict and judgment 166

Time necessary between teste and return of certain writs 166

Costs in !70

See Force and arms 185

For miswriting, false English, &c, in indictments 185

When writ is of right or of grace 186

In detinue 314

By reversioner or remainder-man 348

Writ of, in dower 400

How rectified 402



1166 INDEX TO THE LAWS OF

PAGE.

ERROR— -See Special bail 424

Where writ of, stays execution on second judgment 424

When pleadings to be filed 42G

Who may move argument 426

Writ of, when to be returned 426

Reversal of judgment for error, not to affect lands sold under the

judgment 434

Writ of, not allowable to court for small causes 642

Writ of, within what time to be allowed 692

Writ of, when stay of execution 693

ESCAPE — What, and how sheriff liable 156, 243

In criminal cases 256

From prison 263

Of debtor, its effect 265

ESSEX— Bounds 3, 18

When courts held 153, 364, 455

Representation of 518

When January term of common pleas to be held 660

ESSOIN— Abolished 183

ESTATES— Words creating fee simple, by devise 60

Created by parol or livery of seisin, to be at will, except certain leases

for three years 151

Pur auter vie, rent on, recovered 187

Pur auter vie, how devised and made assets 223

In fee simple, nature and operation 774

Fee tail 774

ESTRAYS— Regulations concerning 288

EVESHAM.— Bounds 504, 513

EVIDENCE— Record or transcript of deeds and wills 8, 461, 789

Record of surveys 17

Books of marriage 182

Treason not charged in indictment 184

Retaking on fresh pursuit on escape 243

Deed of land in the Delaware 292

At view 312

By jurors 314

Papers read, to be taken out by jury 314

Exemplification of bonds of keeper of state prison 325

Demurrer to 425

Record of execution 432

Examinations and depositions 437

See Register of births and deaths 446

Acknowledgement and proof of deeds 458, 748, 792

Witnesses excluded from, by crimes 462

See Libel 475

Printed laws to be read 546

See Deed of manumission 680

EXAMINATION— Of criminals, how taken 144

Of mother of bastard child 172

Of witnesses by commissioners 437, 546

Of witnesses in chancery 703

EXAMINER IN CHANCERY— Fees 4S2

EXCEPTIONS— To bail 135, 239, 404, 417, 419

Bills of, how taken, sealed, &c 293

To bail, on habeas corpus 425

EXCHANGE — Bills of, how endorsed, prosecuted, &c 395

Costs on recovery on bills of 666

EXECUTION — If debtor escape or die in prison, second execution may issue. . . . 265

If sheriff die after levy, who shall sell, &c 303

When stayed by writ of error

On second judgment, where writ of error on the first

Endorsement on ca. sa 424



THE STATE OF NEW JERSEY. U67

)• lOE.

EXECUTION— What, and how, bind lands and goods 4:;i

Regulations respecting i:;i i,, ;;;;

Against proprietary rights 434

Against officers in defaull tor tax 472

From chancery, and how it binds goods 199

For military fines

How issued, served. &c 836

When to issue on second judgment

Not to take one cow, bed and bedding c,r, 1

Rent to be paid before goods removed 187

When lands may be sold before goods 671

How advertisement of sale to be made c,71

How stayed by writ of error C93

EXECUTOR — When to pay costs on suit for legacy 50

When not charged, unless agreement in writing 152

May sue or be sued in account 156

When suit survives to, and may be continued, and how l<;i

When to pay costs 1G8

How and when to sue and be sued, to administer estate, give bond, &c, 174 to 180

Of his own wrong, who to, and how, answerable 174

Who may cite, to account 180

To sue or distrain for certain rents 205

To use estate pur outer vie as assets 223

To execute devise to sell lands 226, 605, 672

See Recognizance on writ of error 402

Within what time may compel creditors to exhibit claims 412

To take refunding bond 412

Duty respecting contracts of testators 424

When liable in his own estate 431

Judgment against, not to affect testator's land 435

May obtain order of orphans' court to sell lands 435

Money received on sale to be assets, &c 436

Acting, or survivor, to execute certain trusts in sale of lands 573

When debtor, debt not discharged 573

Of constable, to sue for and appropriate money which he ought to have

collected 656

May obtain order to sell proprietary rights 670

How to advertise lands for sale in newspapers 671

Survivor to sell land ordered by orphans' court 672

Not to be sued in less than six months 766

Duty where estate is insolvent 767

When to give security and account with co-executor 77S, 779

How to put out minors' money 779

How accounts settled 786

Receipts and discharges may be recorded 788

EXEMPLIFICATION— See Deeds .' 8

Of bond of keeper of state prison 325

EXEMPT— From arrest (See Militia) 592

Who exempt from militia duty 711

EXERCISE— Time of, in militia, &c 592

EXONERETUR— On bail piece 420

EXPENSE— Of courts martial 593

EXTORTION — Definition and punishment 250

EXTREME CRUELTY — Cause of divorce a men. et tho 668

F

FAIRFIELD— Bounds 510

FAIRS — Abolished 265

FALSE ENGLISH— Not to vitiate indictment 186

FALSE IMPRISONMENT— Punishment 262, 735

FALSE LIGHTS — To mislead vessels "22



1168 INDEX TO THE LAWS OF

PAGE.

FALSE SWEARING— To register of births or deaths 447

FALSE TOKENS— Punishment 256

FARCE — Not to be performed without license 382

FATHER — May appoint testamentary guardian 227

Must support poor child 764

FEE SIMPLE — Nature and operation of estate in 774

FEE TAIL — Nature and opei'ation 774

FEES — In cases of tide swamps and meadows 88

On partitions of land 93

On references 159

Of secretary and register to be set up in office 231

Of judges taking sheriff's bond ■ 238

On tavern license 282

To be paid by pedlers 294

In forcible entry and detainer 352

Of auditors in attachment 362

Of town committee under act to regulate fences 392

Of notary public 397

On commissions to take depositions 437, 546

Of town clerk in registering births and deaths 446

To judges, for holding circuits 456

Of sheriff, for notice to defaulting jurors 457

Of officers collecting taxes 465

Of courts and public officers regulated 481, 512

Of judges and masters sitting to advise chancellor 499

Of secretary of state, concerning fines 501

Copies of fees to be set up in clerks' offices 521

Of inspectors of flour 565

In court of appeals and prerogative court 574

For militia services, and when demanded 594, 710

Of commissioners, to divide land 597

In Trenton sessions 607

Under road act 627

Of court for small causes 646, 772

Under act regulating assignment of debtors 674

On judgment by confession 685

Of secretary of state 728

Of criminals in state prison, how remitted and paid 730

For recording and indexing deeds, &c 750

On entering satisfaction of judgment 760

To be put up in office of surrogate 783

FEMALE— Not to be imprisoned for debt 652

FEME COVERT — Dying intestate, how estate distributed 179

Not to make will of lands 223

What conveyances by, good 346 to 347

May defend without husband 347

Not prejudiced by husband's conveyance 347

How to acknowledge deed 458

FENCES— See Tide swamps 82 to 89

Regulated 387

FERRIAGE— Of militia men 588

FERRIES— How regulated 408

FIERI FACIAS — After ca. sa. where defendant dies in prison 265

Proceedings on, in chancery 704

See Execution

See Ca. sa

FINES — Capias pro fine abolished 171

To be paid to treasury by sheriff 210

Appropriated to poor 248, 271, 231, 295, 372, 378, 550, 569

In case for, replevin will not lie 216

Transmitted by clerks to treasurer 451

On defaulting jurors 454



THE STATE OF NEW JERSEY. 1169

PAGE.

FINES — Account of, to bo returned to secretary of state 500, 501

Militia 579, 593,' 709

Of criminals in state prison, how remitted 730

On criminal prosecutions, how paid 730

Of criminals in state prison, how recovered out of their estate 731

When to be paid to poor houses 765

To transfer titles, &c, abolished 475

FINES FOR ALIENATIONS— Abolished 167

FISHERY — In the Delaware, under agreement of New Jersey and Pennsylvania 57

In Raritan, regulated 452

In South river, regulated 520

In Hackensack, regulated 537, 596

In Delaware, regulated 57, 541, 569, 653, 659

In creeks, in Salem 597

On islands and bars, in the Delaware 659

In Cohansey creek, regulated 662

FISHING— On Sunday 378

FIRE — In woods, wilful, and how extinguished 146

No person liable for accidental 210

FLOUR — Inspection of, packing, shipping, &c 565

FOLIO— One hundred words 481

FORCE AND ARMS — Not necessary in indictments 185

FORCIBLE ABDUCTIONS— Definition and punishment 246

FORCIBLE ENTRY AND DETAINER— What and how prosecuted and barred. 349

FORECLOSURE— See Mortgage 152

FOREIGN BILLS OF EXCHANGE— Costs on 666

FOREIGN JURIES— When ordered 453

FOREIGN POWER— Maintaining its authority 262

FOREIGNERS— Hold land in Perth Amboy 61

How landed, &c 655

FORFEITURE— Of office by farming out 53

To the state, under statute to prevent frauds and perjuries 149

Abolished in criminal cases 263

Of vessels fitted out for slave trade 372

See Vice and immorality 378

Transmitted by clerk to treasurer 451

When to be paid to poor houses 765

FORFEITED ESTATES— Settled (See Debts) 59, 60, 61

See Restoration of records in Monmouth 235

FORFEITED RECOGNIZANCES — Transmitted by clerk to treasurer 451

FORGERY — Not bailable by justice or sessions, nor tried there 144

Copy of indictment, list of witnesses, challenges, trial 184

Definition and punishment 255

Excludes from being a witness 462

Punished by imprisonment in cells 739

FORNICATION— Punishment 248

FOWL — How preserved, &c 673

FRANKLIN— Bounds of 661

FRANKFORD— Bounds 287

FRAUDS— On incorporated banks 801

FRAUDS AND PERJURIES— Act for prevention of : 148

See Judgments collusive 346

FREEHOLD— Bounds of

FREEHOLDER— May alien, and how part aliened to be held 166

List of, for juries, to be made by sheriff aid

Duty in preventing disturbance of religious meetings »o4

74



1170 INDEX TO THE LAWS OF

PAGE.

FREEHOLDERS, CHOSEN— Incorporation, power, duties 317

Duty in ascertaining bounds of counties 353

Duty respecting work houses 443

To establish and regulate markets for live stock 522

See Roads 619

Term of office 655

Moneys accounted for to them and vested in board 694

When to adjourn 694

May sell lands 694

Duty where vacancy in assembly or council 741

FREE NEGROES— Not to travel without certificate 375

FREE PORT— Perth Amboy 61

Burlington 76

FREE SCHOOLS— Fund for 612, 649

FRONTIER— Defence of 595

FUGITIVES— Their estates to be .leased 52, GO

See Debts 59, 60, 61

How expense of bringing back to be paid 652

FUND— For free schools 649, 660

G

GAME — Provisions respecting ." 26

Indians excepted therefrom 28

How preserved, &c 673

GAMING— Indictable 2G7

Contracts void 267

Money lost at, recoverable 2G8

Not allowed in taverns 285

GAOLS— How kept by sheriff 239

Breaking, punishment 257

Bounds of, laid out, &c 426

In Trenton 538

In Burlington 559

GAOLER — Punishment for not receiving criminals •

Not to be tavern keeper 263

Duty in keeping United States' prisoners 457

GARNISHEE— See Attachment 355

GENERAL ASSEMBLY— Representation in 299

GENERAL ISSUE — Pleadable in suits on habeas corpus 198

Pleadable in action for improper distress

Pleadable under act to suppress vice, &c 384

Pleaded and special matter given in evidence, except between mutual

dealers 404

In suits under penal statutes 405

GENERAL QUARTER SESSIONS— See Sessions.

GENERAL STAFF— Organized ■ 576

GENERAL VERDICT— Jury not compelled to give 314

GIRDLING — See Trees 623

GLOUCESTER— Bounds of J

Courts, when held 3C 4, 453

Road in, altered 45 6

Shell fish in, how planted and protected 759

GOLD COIN — Counterfeiting, how punished 738

GOOD BEHAVIOR— Recognizance for 142

When surety for, ordered by the court ^6



THE STATE OF NEW JERSEY. 1171

PAGE.

GOODS — Of tenant when hot liable to be taken in execution until rent paid. . . . 1.87

When bound by execution i;;i

When bound by execution from chancery \\>:i

When not to be sold until after lands 071

See Postea.

Stolen from wrecks, returned with double value 71G

Stolen from wrecks, found, duty of finder 716

Stolen from wrecks, embezzled 716

GOVERNMENT— Permanent seat of 108

GOVERNOR— See Manufactures . L08

To order suit on sheriff's bond 238

To license pedlers 294

To appoint notaries 397

Oath, and how administered 440

Fees 481

To make proclamation respecting contagious diseases 502

Duties under act to support jurisdiction of the state 533, 689

Duties under act regulating election of electors and members of con-
gress 534, 799

Duties under act to regulate fishery in Delaware 542

To appoint inspectors of flour, &c 565

To order out militia 589

Not to accept certain offices under general government 605

Trustee of school fund 649

To distribute public laws to other states 652, 752

To give warrant for expenses of removing criminals 652

To appoint commissioners respecting navigation of Delaware 708

When to remit fines and fees of criminals " 730

To grant permit to make paper for bank notes 738

Duty on vacancy of speaker or vice president 741

To offer reward for criminals 775

How to permit slave to be sent out of the United States 793

To appoint commissioners to settle with Delaware 795

When to suspend sentence of death 796

GOVERNOR AND COUNCIL — May pardon criminals on certain terms 738

GRAND CHILDREN— Whom they must support 764

GRANDMOTHER — Must support poor child 764

GRANDFATHER— Must support poor child 764

GRAND JURORS — Summons, qualifications, powers, proceedings, penalties 311

When to take oath of allegiance 442

Penalties, how recovered 456

Summoned without precept in oyer and terminer 658

GRANTS— The word or in Carteret's charters construed and 2

Of trust void, unless in writing

See Attornment 461

See Conveyances.

See Frauds and Perjuries.

GRANTEES— Rights against" lessees 314

(For repealer see P. L. 1898, 122 leg., 54 ses., statutes, page 113.)

GRANTS OF TRUSTS— See Trusts 151

GREENWICH— Bounds 661

GREAT EGG HARBOR— Bounds 316, 559

Shell fish in, how planted, protected, &c 759

GRIST MILLS— Races opened, &c 612

GUARD— See Militia

GUARDIAN— May sue or be sued in account 156

Liable for waste *"°

Testamentary, appointment and duties £<<

Right respecting dower 6 ™

Duties 4UJ



1172



INDEX TO THE LAWS OF



PAGE.

GUARDIAN — Duties when lands cannot be divided 597

Of idiots and lunatics, their duties 696

When and how ordered to render accounts 777

When and how to give security 777, 778

How accounts settled 785

Their receipts and discharges may be recorded 788

GUARDIANSHIP— Letters of, who to grant, &c 776

Letters of, how and for what revoked 778

Bond 784

GUN POWDER — Manufactories and magazines, where to be erected 549

GUNNING 26, 673

GUNS — Who may carry for game, &c 26

Loaded, (See Militia) 592

H

HABEAS CORPUS— Granted, marked, signed, served, returned, &c 193

Party liberated, not to be again imprisoned 196

When action to be brought for disobedience of 198

In such suit defendant may plead general issue 198

How writ allowed after oyer and terminer proclaimed for county 199

When prisoner is in by judgment of court of record 243

To remove cause into supreme court 310

Habeas corpora jurat orum 312

Respecting negroes and indians 376

To remove cause into supreme court 424

Bail on, required and justified 425

Pleadings in 425

If plaintiff recover in suit removed by, he has full costs 666

HACKENSACK— Fishery in 537, 596

HALF BLOOD— Heirs of, how to inherit 60S

HAMILTON— Bounds of 559

HANOVER— Bounds of 526

HARDISTON— Bounds of 128

HAWKERS— Regulated 294

HEIRS— See Devises S

See Intestate 76, 174

Waste by 209

Not inherited by corruption of blood, &c 263

When and how liable for ancestor's debts 291

HEIRS— -See Posthumous children 392, 608

How to inherit 608, 774

HEALTH— See Perth Amboy 555

Unwholesome provisions 735

HEALTH OFFICER— At Perth Amboy 555

HEALTH COMMITTEE— At Perth Amboy 556

HIGHWAYS — Overseers of, to extinguish fires in woods 146

Where they divide counties 292

See Bridges 385

Laid out, worked, regulated, &c 615

HOLDING OVER— By tenant, how punished 1SS

HONORS — Received from other governments 549

HOPEWELL— Bounds of 554

HORSES— What, are not to run at large 378

In military service, appraised 589

HORSE ARTILLERY 711



THE STATE OP NEW JERSEY. 1178

HORSE RACING— Prohibited

HORSIMUS ISLAND

HOUSE BREAKING— With intent to kill, ftc 253

By nighi 738

Punished by Imprisonment In the cells

HOUSE OF CORRECTION S< ■ Work-house 443, 538, 558

HOWELL— Bounds 509

HUCKSTERS — Not to entertain students at school, &c 532

HUNTERDON— Bounds of 5,18,21

Representation in legislature 299

Courts, when held 3G4, 453

HUNTING 2G, 073

On Sunday 370,' 378

HUSBAND — Right to administer on wife's estate 179

.May sue or distrain for rent after death of wife 206

See Conveyance and acknowledgment by wife 34G to 347

Where default or conveyance, not to injure wife 347



IDIOTS— Cannot make wills 223

Who, and how managed 223

IMMORALITY— Statute respecting 37S

See Religious worship 552

IMPARLANCE— Not allowed 421

IMPARTIAL EXECUTION OF OFFICE— See Justices' supreme court 605

IMPARTIAL ADMINISTRATION OF JUSTICE 688

IMPOSTORS— Religious 248

IMPRISONMENT— See Habeas corpus 193

Effect of insolvent discharge 222

Action for false, not cognizable before justice 029

Females not imprisoned for debt 652

In the cells, who 739

INCEST— Punishment 247

INCHANTMENT 248

INCOMPATIBILITY — In certain cases of offices under United States and this

state 208

.lust ire and Sheriff

Justices supreme court

INCORPORATION— .See Penh Amboy 01

Sec Burlington TO

See Elizabeth 97, 104

For manufacturing purposes 108

See Paterson 110, 124

See Trenton 1^5

Of societies to promote learning 154

Of townships

Nee Princeton 561

INDENTURE— Of poor children 41. 768

Of servants and apprentices '■''^'<

By slave, for manumission, when discharged

Age stated in not conclusive 669

Gives child of slave a settlement 765

INDEPENDENCE, DECLARATION OF ix

INDEPENDENCE— Bounds of 56

INDEX— To judgments *23

To deeds ' 49



1174 INDEX TO THE LAWS OF

PAGE.

INDIANS— Their right to kill game ; 28

Purchase of lands from 231 to 235

How punished 262

" Ha beat corpus 376

INDICTMENT — How to conclude 52

Statute of amendments and jeofails, not to affect 142

What tried in sessions 143

In oyer and terminer, to be delivered to sessions in certain cases 154

Act concerning costs not applied to 171

Copy of, when given 184

On what, court to assign counsel 184

Words, "force and arms," not necessary 185

Miswriting and false English, not to injure 186

Within what time to be found 196

For perjury, how drawn 249

Limitation of 263

Trial of, for offences on creeks, rivers, highways, &c 293

Trial of, where stroke and death, in different county or state 297

■<■■ Recognizance on writ of error 402

When to be tried, and costs 406

How removed from sessions by certiorari 408

INDICTOR— Not to be on jury 185

INFANCY INFANT— Children of vagrants 48, 473, 763

When and how infant trustee compelled to convey land 158

Certificate of consent to marriage of 181

Not to make wills of lands 223

Guardians of, by will or deed 227

How bound and treated 366

When infant is heir, his right respecting dower 398

How to sue, &c 414

Proceedings not to stay 414

Money of, to be put out at interest by administrators, executors and

guardians 779

INFECTIOUS DISEASES— Introduction of, into Perth Amboy 555

INFECTED VESSELS— Proclamation respecting 502

INFORMER— See Common informer 405

INFORMATION — In criminal cases, not to be exhibited 199

In nature of quo warranto 206

See Recognizance on writ of error 402

See Common informer 405

INJUNCTION— See Ejectment for rent arrear 190

Court always open to grant 494

On what terms granted and dissolved 495

Waste after injunction 496

To prevent use of steamboats 564

See Steamboats 689

When granted, to stay proceedings at law 704

INLAND BILLS OF EXCHANGE— Endorsed, prosecuted, &c 395

INNS — Licensed, regulated, &c 281

Who and how licensed 744

INQUESTS OF DEATH— How taken 232

When to be taken by justices 511

INQUIRY.— In replevin 215

Writ of for damages in error 401

Notice of executing, countermand, costs 423

INQUISITION — Act concerning costs, not to apply 171

Words, "force and arms" not necessary 186

To be delivered to constable 234

Nor. to be indented 235

See Recognizance on writ of error 402

INSOLVENT LAW— To what claims and persons it applies 651, 652

What property saved for debtor's family 651



THE STATE OF NEW JERSEY. 1175

PAGE.

INSOLVENT LAW— How estate distributed 766

Certain law repealed, with saving, &c 793

INSOLVENT DEBTOR— Proceedings 210, 223, 262

When to apply and be heard ' 651

What property reserved for family 651

Female not to be imprisoned for debt 652

How estates distributed 766

INSPECTION — Of judgment and process, not necessary 424

Of flour and meal 565

INSPECTORS— Of beef, &c, duties, oaths, &c 514

Of flour and meal, duties, &c 565

INSPECTORS OF STATE PRISON— Duties and compensation 325

Daily pay 729

Duty in detaining prisoner 729

To certify costs to treasurer 729

To punish prisoners for disorderly conduct 732

Appoint acting inspector and agent 732

When and how appointed, and vacancies filled 795

INTEREST— On certain debts 61

Rate of 269

When lenders to answer bill respecting 269

See Brocage 270

INTESTATE— See Bond to refund distributive share 50, 412

Leaving no relations, how estate disposed of 76

Estate of, administered and distributed 174

Lands sold by administrator 436

Contracts, when executed 524

Estate of persons dying insolvent distributed 776

Lands, when and how divided 779

INTERLOCUTORY JUDGMENT— Effect of, in assumpsit 423

INTERRUPTION— See Militia 593

INTERNAL NAVIGATION— Fund for improvement created 657

INTRUSION— Into office, (See Quo warranto) 206

INVALIDS — How pensions paid 514

INVENTORY— What, and how made, filed, &c 176

By guardian 402

How proved, recorded, &c 782

Of insolvent 794

IRON WORKS— -See Roads 623

ISLANDS — In Delaware, where offenses on are triable 58

ISSUE— General, pleaded and special matter proved 198, 202, 384, 404, 405

In law first tried 422

In supreme court, where tried 453

Of marriage and bastardy, where tried 455

When formed in chancery 498

J

JEFFERSON— Bounds 518

JEOFAILS— See Amendments 137