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. 124]
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 HIGHWAYSâ€” Duties and fees, see Roads, 514, &c.
OVERSEERS OF POORâ€” 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 TERMINERâ€” 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'STERSâ€” Fishing for, regulated, 492.
PARTITION â€” 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 â€” 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.
PARTNERâ€” Remedy against, by attachment, 59.
PARTNERSHIPâ€” -See Limited Partnership, 872.
PARTRIDGESâ€” Season for killing, 15.
PASSAIC COUNTY â€” Erected, bounds of, 173; courts, where and when held, 253; town-
ships of, incorporated, 1020.
PASSENGERS â€” 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.
PEDDLERSâ€” See Hawkers and Peddlers, 1040.
PENAL STATUTES â€” 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 â€” Against solicitors and attorneys, within what time to be sued for, 930; see
Fines and penalties; Penal Statutes.
1242 INDEX TO THE LAWS OF
PENITENTIARYâ€” See State Prison, 302.
PENNSYLVANIAâ€” Division of islands, with state of, 41, 43.
PENSIONS â€” To invalids and widows, how paid, 786.
PERJURY â€” 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.
PERSONATIONâ€” Of others, see Fraudulent Acts, 271.
PETIT JURORSâ€” See Juries and Verdicts, 9G5.
PHYSICIANâ€” Of state prison, duties of, 310; see Medical Societies, 505.
PILOTS â€” 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 â€” 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 â€” 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 LANDâ€” In court for trial of small causes, &c, 241-2.
POISONING! â€” Punishment of, 268.
POLYGAMYâ€” Punishment of, 260; cases excepted, 260.
POOR â€” 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 HOUSESâ€” 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.
PORKâ€” See Beef and Pork, 1030.
POSTEA â€” From circuit, to be returned to supreme court, 197.
POSTHUMOUS CHILDRENâ€” How to take by descent, 340, 368.
POUND BREACHâ€” Of goods distrained, remedy for, GG.
POUNDS â€” And impounding beasts, see 472, 476-7-8; keeper appointed, 1024.
POWER OF THE COUNTYâ€” Sheriff may call to his aid, 842.
PRACTICE IN CRIMINAL CASESâ€” 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 â€” 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 BIRTHâ€” Concealment of, punished, 261; secreting such issue, 261.
PREROGATIVE COURT â€” 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 OFFICEâ€” Fees in, 456.
PRESIDENT OF THE SENATEâ€” Powers and duties of, S07.
PRISON BOUNDSâ€” Marked out, bond for, penalty for breach of, 334.
PRISONERSâ€” 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 FIGHTINGâ€” How punished, 282; carrying passengers to, 282; being present at,
PROCESSâ€” 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.
PROFANITYâ€” Punished, 612.
PROMISESâ€” What must be in writing, &c, 504.
PROMISSORY NOTES â€” 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 DEEDSâ€” .See Conveyances, 639, 854.
PROPRIETARY RIGHTSâ€” May be sold to pay debts, 664.
PROPRIETORSâ€” 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 PLEASâ€” Appointment and duty, 832; oath, 832; powers and
fees, 833; w y hen court may appoint, 833.
PROTECTION â€” No essoin or protection hereafter allowed in any suit, 999.
PROTESTANT EPISCOPAL CHURCHESâ€” See Religious Societies, 152-3.
PUBLICATION â€” Of notices and orders not necessary to be made out of state, 957; unless
specially ordered, 957.
PUBLIC SCHOOLS â€” 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 â€” Of wood, timber, herbage, &c, on distress for tax, when to enter and take.
1011; and not after, 1011.
QUAILS â€” Season for killing, 15.
QUARANTINEâ€” Widow's right of, 72, 77.
QUARTERMASTER GENERALâ€” Salary of, 862; duty of, see Militia, 745.