be final, unless fraud or mistake shown, 214; compulsory powers of court, 215;
duty of sheriffs and constables, 215; process may be served out of county, 215; if
term not held, process, &c, to be continued, 215; costs taxed and payment enforced,
215; lists of fees to be set up, and penalty for taking illegal fees, 216; receipts and
discharges recorded, being first proved and acknowledged and record to be evidence,
216; surrogate not to act as attorney or sit as judge, 216; examinations, how taken
and filed, 216; affidavits, before whom taken, 217; fees, &c, 217-18-19; duty of, in mat-
THE STATE OF NEW JERSEY.
ter of insolvent estates, 346 to 350; may order land sold for payment of debts, 665;
confirm report of Bale,. 666; require bond in such case, 667; distribution, 668; may re-
move i scecutor or administrator, 668; on petition, to appoinl commissioners to assign
dower, 75; notice to be given, 75; report, 76; to be recorded, If confirmed, 76; to be
subject to appeal, 76; seal of, 865; may decree fulfillment of contracl mad'- by testa-
tor or intestate for sale of lands, 638; order deeds made in such cases, 639.
OVERSEERS OF HIGHWAYS— Duties and fees, see Roads, 514, &c.
OVERSEERS OF POOR— Duty in respect to stray cattle, 8; when to receive interest add
principal of intestates' estates, 345-6; duty under act to abolish slavery, to give cer-
tificate, 383; bind out children as apprentices, 384; to furnish lists of poor idiots and
lunatics, 557; duty under poor law, see Poor, 877; in relation to fines, forfeiture
escheats, 981; duty under bastardy act, see Bastards, 902; appointment, oath, duties,
see Townships, 1019; duty to sue for and recover penalties from hawkers and ped-
dlers, 1042; to receive and apply fines, &c, collected under act for suppressing vice
and immorality, 008.
OYER AND TERMINER— How constituted, jurisdiction, 220, 221; when held, 220; grand
and petit jury to be summoned, 221; may send indictments to sessions, 221, 222;
process sent into any county, 222; fees, 223; who to be clerk, 223; seal of, 865; pro-
ceedings on habeas corpus, 291; to proceed upon inquisitions returned by coroners,
849; fee for holding, allowed, except where circuit court is held at the same time, 198.
OY'STERS— Fishing for, regulated, 492.
PARTITION — Of lands held by coparceners, joint tenants, and tenants in common, 101;
application, 101; nomination of commissioners and notice, 101; appointment, &c, if no
objections, 102; survey and division, 102; what if part is controverted, 102; surveyors
and ehainbearers sworn, 102; shares numbered and described, 102; notice of allotment,
103; allotment, how made, 103; certificate, 103; witnesses may be examined, 103; pro-
ceedings returned, inspected and recorded, 104; justices' fees, 104; expenses appor-
tioned and paid, 104; how land sold to pay, if necessary, 104; deeds made, 104; where
minors, or land in several counties how partition made, returned, and recorded, 104;
notice to be given, 105; costs assessed and paid or distrained for, 105; provision in
case of waste, 105; liens, how adjusted, 10G; when lands to be sold, 10G; report of
sale approved, and deeds to be made, 106-7; commissioner's oath, 107; proceeds paid
or invested, 107; vacancies supplied, 107; survivors may make deed, 107; bond re-
quired of guardian, 107; of widow's dower, 108; if widow relinquish, commissioners
to put out one-third of money, 108; fees, 108; commissioners' account settled, 108;
chancery may order sale, 109; rights of other parties saved, 109; East and West Jersey
proprietors, 109; partition among joint tenants and tenants in common, proceedings
in, 109, 110, 111, 112; writ of, where returnable, 113; costs apportioned and paid, 113;
effect of, as to persons not parties, 110; line between East and West Jersey, 19; be-
tween New York and New Jersey, 29.
PARTITION LINE — Between East and West Jersey, 19; how line run, 20; lands confirmed
to eastern proprietors, 22; lands vested in western proprietors, 23; improved land, how
to vest, 25; eastern and western proprietors protected, 25; how equivalents adjusted,
26; rights of respective proprietors defined, 26; what surveys to be void, 27; between
New York and New Jersey, 29, 34; New York titles confirmed, 35.
PARTNER— Remedy against, by attachment, 59.
PARTNERSHIP— -See Limited Partnership, 872.
PARTRIDGES— Season for killing, 15.
PASSAIC COUNTY — Erected, bounds of, 173; courts, where and when held, 253; town-
ships of, incorporated, 1020.
PASSENGERS — Alien, regulations concerning, 3; sick or infirm, provided for, 4; in
steamboats, taxed, 785; coming from abroad, permitted to land on terms, 892; see
Provisions against the introduction of contagious diseases, 511; and to prevent the
introduction of malignant or infectious diseases, 512.
PEDDLERS— See Hawkers and Peddlers, 1040.
PENAL STATUTES — Actions on, must be brought within what time, 96, 97; what sections
of act respecting writs of error not extended to actions on, 983; see Common In-
PENALTIES — Against solicitors and attorneys, within what time to be sued for, 930; see
Fines and penalties; Penal Statutes.
1242 INDEX TO THE LAWS OF
PENITENTIARY— See State Prison, 302.
PENNSYLVANIA— Division of islands, with state of, 41, 43.
PENSIONS — To invalids and widows, how paid, 786.
PERJURY — Punishment of, 2G2; false swearing before a commissioner deemed, 2C3; in-
dictment for, what to contain, 263; subornation of, indictment for, what to contain,
263; false affirmations or declarations deemed, 871; so false swearing with uplifted
hand, 870; so false oath, affirmations, or affidavits, taken under act relative to oaths
and affdavits, 871.
PERSONATION— Of others, see Fraudulent Acts, 271.
PETIT JURORS— See Juries and Verdicts, 9G5.
PHYSICIAN— Of state prison, duties of, 310; see Medical Societies, 505.
PILOTS — Commissioners of pilotage appointed, 1049; certificates and oath, 1049; exami-
nation of applicants, 1050; when fresh licenses to be taken out, 1050; power to take
away license, 1051; when pilot shall cease to act, 1051; commissioners to make rules,
1051; fine for misbehavior, 1051; penalty on pilot for neglect, 1052; duty and penalty
for refusal, 1052; bound to show license when required, 1052; penalty for careless-
ness, 1052; partnerships restricted, 1052; commissioners to have no interest, 1052;
pilot's pay, if carried to sea, 1052; rates of pilotage, 1053; fees for detention, 1054; for
extra services, 1054; master refusing pilot, to pay half pilotage, 1054; apprentices,
1054; instruction of, 1055; examined and licensed, 1055; who exclusively employed,
1055; heaving the lead, 1055; pilotage taxed and certified, 1055; penalty for intoxica-
tion, 1055; how penalty applied, 1056; fees of commissioners, 1056; pilots to give bond
and receive license, 1056; commissioners' annual report, 1056.
PLEA — In justice's court after appearance in attachment, 62; in trespass brought for
wrongful distress, &c, 67; in writ of admeasurement of dower, 73; in forcible entry
and detainer, 80; defendant may plead three years quiet possession, 82; heir may plead
riens per descent to action for debt of ancestor, 84; replication in such case, 84; pay-
ment may be pleaded in bar in actions on obligations, &c, 803; mutual dealers may
plead payment and discount, S04; retaking on fresh pursuit may be pleaded in action
against sheriff for escape, 841; oath required, S42; defendant may plead several pleas,
951; or may plead general issue, and give notice of special matter to be offered in
evidence, 952; what allowed to return to writ of mandamus, 996; of not guilty on in-
dictment, makes an issue, 293; of plea and notice on habeas corpus, 291; and when
to be filed, 942; under act for suppressing vice and immorality, 616; in suits under
penal statutes, 949; of infant, must be by guardian, 930; when plea must be filed,
937; if in time, no notice of, required, 937; but if not in time, notice to be given, 937;
see Abatement, 952; when to be filed in chancery, 909; of title in court for small
PLEADING — Misnomer, 296; under act for relief of persons imprisoned on civil process,
328; in replevin, 119; who may lawfully join, 119; in suits under habeas corpus act,
291; in chancery, see Chancery, Practice in, 905, Practice of Law, 929; facilitation of,
951; see Amendments and Jeofails, 986.
PLEA OF TITLE TO LAND— In court for trial of small causes, &c, 241-2.
POISONING! — Punishment of, 268.
POLYGAMY— Punishment of, 260; cases excepted, 260.
POOR — Alien passenger landed, if sick or infirm, to be provided for, 4; how settlement
obtained, 877, 878; notice to overseers, 878; to be entered in town book, 878; what
servants not to gain settlement, 878; where bastard children settled, 878; penalty for
entertaining strolling persons, 879; unless notice given, 879; liability in case such
become paupers, 879; to pay weekly assessment, S79; how enforced, 880; but persons
may reside in another township if they bring certificate, 880; certificate to be filed,
880; to be removed if they become chargeable, 881; but not after settlement gained
there, 881; limited to persons settled in this state, 881; of sick or lame, 881; overseer's
notice, 881; liability if he neglect, 881; township to be reimbursed, 882; mode of
obtaining relief, 882, 890; justice's order, 882; of overseer's book, and entries to be
made, 882; penalty if overseer illegally relieve, 883; account of moneys expended to
be kept, 883; may be examined at town meeting, 883; goods of paupers inventoried
and sold, 883; poor children bound out, 8S3, 890; males till twenty-one, females till
eighteen, 884; and taught to read and write, 884; justices and overseers, &c, to be
guardians, 884, 890; estates of absconding parents applied to support of families, 884;
how sold, 884; overseers accountable therefor, 8S4; poor houses authorized, 189, 885;
poor to be kept there, 189, 885; or have no relief, 885; two or more townships may
unite, 885; regulations in such cases, 885; what removals not to gain settlement, 886;
THE STATE OF NEW JERSEY. 1243
of the removal o( paupers, 886; examination, 886; testimony, 886; justice's order, and
how enforced, 886; persons removed and returning, how dealt with, 887; overseer to
receive pauper on removal, 888; penally [or refusal to receive, 888; appeal from order
of removal, 888; who not to sit on appeal, 8S8; notice to be given, 888; appeal may be
adjourned, 888; defects In form amended, 888; what order made on successful appeal,
889; costs and charges, 889; how money recovered, 889; evidence, 890; former settle-
ments not affected, 890; Liability of relatives to maintain poor. 890; applications for
relief. 890; examination and testimony, 891; order of removal, 891; expense, how paid,
891; duty of overseers in reference to fines, forfeitures, and escheats, 891; to whom to
be paid. 891 : children of slaves, where settled, 892; how to gain other settlement, 892;
terms on which passengers from abroad are to be permitted to land, 892; penalty if
not complied with, 893; construction and limitation of act, 893; relief and employment
of, in the county of Salem, 893 to 899; real estate of paupers, how sold, 900; proceeds
applied. 900-1 ; conveyance and title, 900; to have process gratis, 901; courts to assign
them counsel, 901, 293; being plaintiffs, not to pay costs, 901.
POOR HOUSES— Purchased or built by county, 189; regulated, 189; money raised for, 190;
two counties may have one, 190; manage it jointly, &c, 190; procure materials, &c,
190; expenses apportioned, 190; townships may erect poor house, 191; and enjoy what
exemptions, 192; so where they have already built or purchased a poor house, 192.
PORK— See Beef and Pork, 1030.
POSTEA — From circuit, to be returned to supreme court, 197.
POSTHUMOUS CHILDREN— How to take by descent, 340, 368.
POUND BREACH— Of goods distrained, remedy for, GG.
POUNDS — And impounding beasts, see 472, 476-7-8; keeper appointed, 1024.
POWER OF THE COUNTY— Sheriff may call to his aid, 842.
PRACTICE IN CRIMINAL CASES— Copy indictment when to be furnished prisoner, 293;
when court to assign counsel, 293; evidence in treason, 293; effect of plea of not guilty,
293; proceedings if defendant stand mute, 293; when right of challenge forfeited, 294;
of defendant's right of challenge, 294; state may challenge for cause, 294; how panel
selected, 294; deficiency supplied, 295; talesmen, whence taken, 295; peine forte et dure
abolished. 295; indictor not to sit on inquest if challenged, 295; words "force and
arms" not necessary in indictment, 295; clerical errors, how taken advantage of, 296;
effect of plea of misnomer, 296; treason, how tried and where, 296; writ of error, when
considered writ of right, when of grace, 296; defendant may be put under sureties to
keep the peace after conviction, 283; see Habeas Corpus, 285; when indictment shall
be tried, 292; when defendant shall not pay costs. 292; when recognizor not to pay
costs. 292; on joint indictment against several, costs same as against one, 292; death
in one county and stroke or poison in another, indictment where found, 297; offence
of principal committed in one county, and of accessary in another, where accessary
may be indicted. 297; person dying in the state, of stroke or poison given out of it,
or dying out of the state, of stroke or poison given in it, where indictment found, 298;
if reprieve granted, and convict not pardoned, warrant to issue, 299; how expenses of
reclaiming fugitive from justice paid, 299; proceedings on forfeited recognizances, 300.
PRACTICE OF LAW — Who may sue and defend, 929; when only by solicitor or attorney,
929; penalty for malpractice, 929; remedy where solicitor or attorney ceases to act,
930: infants, how to prosecute and defend, 930; solicitors and attorneys liable for
neglect, 930; taxed costs to be filed before execution issues, 930; bill of particulars to
be delivered, 930: penalty for illegal charges, 930; limitation of suits for penalties,
930: taxed bill of costs to be furnished before suit, 930; warrant of attorney not to
be included in bond, 931; warrant and copy to be produced, and copy filed, 931; judg-
ment on. how to be obtained after ten years, 931; of warrants given by persons in
custody, 931; warrants not revocable, 931; summons, how served, 931; when capias to
be first process, 931; process, how endorsed, 931; sheriff to make due return, or be
amerced. 932: when defendant considered in court, 932; how capias executed, 932;
names of bail to be endorsed and copy of bai^ bond filed, 932; when special
bail to be filed, 932; remedy, if not perfected in time, 932; when sheriff may
be ruled to bring in the body, 932; on failure, to be amerced, 932; effect of amerce-
ment, and proceedings thereupon, 932; how sheriff may be excused, 932; when
body brought in, committitur entered, 933; who may put in special bail, 933; excep-
tions to bail, 933; justification of, 933; notice of justification required, 933; if bail do
not justify at time appointed, to be out of court, 933; if they do, order of allowance
drawn, and copy served, 933; when justification not permitted without consent, 933;
form of recognizance, of bail, 933; form of bail piece, 934; justification by affidavit
in supreme court, circuit court, and pleas, 934; assignment of bail bond, 934; how
proceedings on, set aside or stayed, 935; how where plaintiff has not lost a trial, 935;
1244 INDEX TO THE LAWS OF
how, where he has lost a trial, 935; when not stayed, 935; how special bail put
in, &c, after laches, 935; affidavit taken as true, 935; render in discharge of bail, 936;
when it must be made, 936; and bail to pay costs, 936; entry of render and commit-
ment, 936; exoneretur to be entered, 936; effect of return, c. c. c, 936; amount for
which bail liable, 936; limitation of former sheriff's liability, 936; when plaintiff
not to declare on capias without waiving right, 937; when to declare, 937; when plea
and other pleadings to be filed, 937; no imparlance, 937; party to take notice of
pleadings filed in time, 937; but entitled to notice if not so filed, 937; and to
have thirty days after notice within which to file next pleading, 938; bills of par-
ticulars may be required of plaintiff and defendant, 938; declaration by-the-bye not
allowed, 938; actions may be consolidated and superfluous counts struck out, 938;
process against defendant in custody, 938; of amending pleadings, 938; joinder in de-
murrer, 938; argument of demurrer, 938; issue in law tried first, 939; when cause to
be tried or judgment given, 939; notice of trial, 939; countermand, 939; short notice,
939; trial by proviso, 939; clerk to furnish list of causes, 939; assessments, 940;
notice of writs of inquiry and countermand, 940; costs awarded if not executed or
countermanded, 940; security for costs, when required, 940; of motions for new trial
and in arrest of judgment, 940; pleadings to be filed and proceedings recorded, 940;
indexed and signed, 940; what shall constitute record, 940; inspection unnecessary,
940; endorsement on capias, 941; proceedings against bail, 941; how stayed when
writ of error brought, 941; when application must be made, 941; when second judg-
ment stayed, 941; costs, when judgment arrested, 941; habeas corpus not allowed
unless sum over $200, 941; nor after issue joined, 941; nor after cause once re-
manded, 941; when writ may be disregarded, 941; no cause removed by habeas corpus
unless security be given, 942; and when to be filed, 942; exceptions to and justifica-
tion of bail in such cases, 942; proceedings on return of habeas corpus, 942; special
verdict and demurrer to evidence, 942; ejectment and notice to tenant in possession,
942; when judgment against casual ejector, 942; defendant may call for plaintiff's
residence, 942; rule when plaintiff is non-resident, 943; action for mesne profits, when
stayed until security for costs be given, 943; assignment of errors, 943; joinder in
error, 943; motion for argument, 943: who to procure return of writ, 943; service of
sci. fa., 943; rule where defendant is non-resident, 943; publication or service re-
quired, 943; limitation of certiorari, 944; rules of court made, 944; act not extended
to justice's court, 944; see Bonds with Warrants of Attorney, 944; how process served
on corporations, see Corporations, 947, Common Informer, 949; when bail is required
in civil actions affidavit must be made of the cause of action, 950; sum sworn to en-
dorsed on writ, 951; who may, and who may not, be special bail, 951; any court or
judge may order bail, 951; see Plea and Pleading, 951, Abatement, 952; of the publi-
cation of notices and orders, 957; need not be fifteen days between teste and return
of certain writs, 956; death between verdict and judgment shall not be alleged for
error, so as such judgment be entered within two terms, 956; damages, may be re-
covered in real actions, 964; see Juries and Verdicts, 965; judgment in circuit court,
how docketed in supreme court, 974; effect of, 975; execution not to issue thereon out
of circuit, 975; and to be revived by sci. fa. in supreme court, 975; of writs of error
in such cases, 975-6; see Executions, 976; how executions against townships collected,
979; bills of exceptions, how sealed, 980; see Error, Writ of, 980, Certiorari, 983,
Amendments and Jeofails, 986; of exceptions and challenges to judges, 992; how sat-
isfaction of judgment entered, 993; see Mandamus, 996, Quo Warranto, 997.
PREGNANCY AND BIRTH— Concealment of, punished, 261; secreting such issue, 261.
PREROGATIVE COURT — Ordinary may grant probate of wills, letters of administration,
letters of guardianship, and hear and finally determine all disputes arising thereon,
203; proof required before probate granted, 203; courts when held, 203; register's
duty, 203; when justice of supreme court called in to advise, 203; their fees in such
cases, 204; payment of costs, how compelled, 204; power to issue compulsory process,
204; liability of sheriff, 204; transcript of will from prerogative office evidence, 204;
fees in, 457; seal of, 865; appeals to, from proceedings of surrogates and sentence of
orphans' court allowed, 211; may order prosecution of guardian's bond, 212; and
administrators' bonds, 354; to order division of real estate, where there are infant
parties, and land in two or more counties, 104-5; to furnish opinions to reporter for
PREROGATIVE OFFICE— Fees in, 456.
PRESIDENT OF THE SENATE— Powers and duties of, S07.
PRISON BOUNDS— Marked out, bond for, penalty for breach of, 334.
PRISONERS— Of United States, confinement of, 307, 314; lists and accounts of, to be
made out annually, 314; reception and treatment of, in state prison, 310; in custody,
how to be treated, 838; privileges allowed, 839; debtors and criminals kept separate,
THE STATE OF NEW JERSEY. 1245
839; to be actually detained in prison, 840; unless lawfully enlarged, 841; so of
prisoners for debt, 841; or in custody on process from chancei fering
escapes. 273; breaking prison, 273; aiding escapes, 271: see Habeas I
PRIZE FIGHTING— How punished, 282; carrying passengers to, 282; being present at,
PROCESS— Of Now York and New Jersey, 39-40; how served on chosen freeholders,
1S3; of orphans court may be served out of county, 215; civil, not to be Berved on
sabbath, 611; but criminal may be. 612; seventh day christians exempt from
answering on seventh day, 610; civil process not served on militia on training
day, 761 : of court of errors and appeals, bow signed, tested, and made returnable,
194; obstructing service of, punishable, 272; against fraudulent debtors, se< I>
321, Chancery, Practice in, 906; how to be endorsed, 931; and served, 931-2; how
issued against defendant in custody. 938; for witnesses, may issue to any part of
state, 958; penalty, for disobeying, 958; in suits against townships, how served, 1021;
see Amendments and Jeofails, 986; in suits on penal statutes, name of prosecutor
and title of statute to be endorsed, 949; in justices' courts, 230-31; under fishing acts,
486, 494; return by one coroner good, 846.
PROFANITY— Punished, 612.
PROMISES— What must be in writing, &c, 504.
PROMISSORY NOTES — Action maintainable on endorsed note, 799; damages and costs
recovered, 799: when defendant to recover costs, 799; have execution, 800; set-offs,
when allowed, 800; evidence of demand and protest, 800-1; see Bills of Exchange, 798.
PROOF OF DEEDS— .See Conveyances, 639, 854.
PROPRIETARY RIGHTS— May be sold to pay debts, 664.
PROPRIETORS— Of East and West Jersey, territory and rights adjusted, 19; not sub-
ject to provisions of partition acts, 109; in West Jersey, president of, may administer
oaths, 787; deputy surveyors may take depositions. 787; records, where kept, 788;
surveys inspected and approved, a bar to, 653 ; to give preference to prior surveys, 654.
PROSECUTORS OF THE PLEAS— Appointment and duty, 832; oath, 832; powers and
fees, 833; w y hen court may appoint, 833.
PROTECTION — No essoin or protection hereafter allowed in any suit, 999.
PROTESTANT EPISCOPAL CHURCHES— See Religious Societies, 152-3.
PUBLICATION — Of notices and orders not necessary to be made out of state, 957; unless
specially ordered, 957.
PUBLIC SCHOOLS — Annual appropriation for, 397; trustees to make apportionment
to counties, and report annually, 398; chosen freeholders to apportion to townships,
398; amount to be raised by town meetings, 398; town superintendent elected, 398;
their duties, 400; compensation, 403; notice of district meetings, 399; election of
districts trustees, 399; examiners and visitors, and licensing teachers, 399; com-
pensation of examiners, 399; duties of district trustees, 400; free schools may be
established, 401; patrons of organized schools to receive proportion of fund, 401;
town superintendent to make annual report, 401; penalty for neglect. 402; powers
and duties of state superintendent, 402; erection and alteration of school districts,
403; selection of books, 403; reports to be made to state superintendent, 403; his term
of office, 403; moneys to be applied exclusively to education, 403; penalties, how col-
lected and applied, 403.
PURCHASER — Of wood, timber, herbage, &c, on distress for tax, when to enter and take.
1011; and not after, 1011.
QUAILS — Season for killing, 15.
QUARANTINE— Widow's right of, 72, 77.
QUARTERMASTER GENERAL— Salary of, 862; duty of, see Militia, 745.