THE STATE OF NEW .JERSEY 1257
INDEX TO REVISION OF 1874.
ABATEMENT, page 3. Section.
Death of plaintiff or defendant after interlocutory, and before final judgment. . 1
When several plaintiffs or defendants 2
Not to abate in certain cases after declaration filed (amended) 3
Suits in chancery not to abate, when 4
Death of one of several complainants or defendants (amended) 5
Death of sole complainant, representative may be substituted H
Death of sole defendant representative made a party 7
Otherwise suit at an end 8
Bills of revivor 9
Death between verdict and judgment 10
Days between teste and return of writs 11
ASSIGNMENTS, page S.
A. — Assignment, how to be made and its Effect.
Assignments of debtors, what preferences void 1
Inventory and list of creditors 2
B. — Duties of and Proceedings bt Assignee, and exception to Claims.
Assignee's notice, inventory, and bond 3
Deed of assignment to be recorded 4
List of creditors to be filed and notice given 5
Exceptions, notice, and hearing 6
May be tried by jury 7
Dividends to be made, final account, exceptions thereto S
Goods reserved to debtor
Rent to be paid 10
Landlord may distrain 11
Lands of debtor, how sold 12
Powers of assignee
Proceedings in case of death of assignee 14
In case of death of surety 15
Court may order new security 16
Inventory to be recorded, surrogate's fees IT
Commissions and allowance 18
Fees to judges, etc 19
C. — Effect of Assignment ufon Creditors.
When creditor barred 20
What debts discharged 21
Debts not due allowed —
D. — General Provision.
Assignees, how compelled to proceed 23
ATTACHMENT, page 16.
A.— Attachment. When and Against whom Issued.
Attachment against absconding debtors (amended) 1
Agent may make oath -
Attachment against non-resident debtors *
Penalty of writ issued without affidavit j
Joint debtors once partners _
Females and corporations '
Heirs and devisees
1258 INDEX TO THE LAWS OP
ATTACHMENT.— Continued. * section.
Legacies may be attached 9
Property in two counties 10
Non-resident creditors 11
Property exempt 12
Writs must be returnable in thirty days 13
Creditors may be admitted by rule 14
B. — The Effect of Writ and Mode of Execution.
How writ executed 15
Inventory and appraisement 16
Writ, when executed, a lien on goods 17
When issued, a lien on lands (amended) 18
A lien on lands, although not levied 19
Meaning of the word "lands" 20
Goods to remain in safe keeping of officer 21
Officer may break open house, etc 22
Trial of right of property 23
Claim of property to be in writing 24
Proceedings on such claim 25
Power to adjourn 26
Process for witnesses 27
Jury and verdict 28
When claimant to pay costs 29
When plaintiff to pay costs 30
C. — Appearance by Defendant.
Defendant may appear before final judgment 32
Defendant appearing to give bond 33
On appearance, writ set aside in vacation 34
Creditors must assent to discontinuance 35
Goods released 36
Bond to each creditor applying, real and personal estate released (revision) .... 37
Appearance of defendant without bond 38
Property, how disposed of, judge may discharge liens 39
Plaintiff may discontinue 40
Property to be left with person in possession of bond given 41
D. — Proceedings on return of Writ — Auditor and his Duties.
Court or judge to order advertisement 42
Copy to be set up in clerk's office 43
Auditor to be appointed to audit accounts and make report (amended) 44
Final judgment to be entered after six months (amended) 45
Powers of auditor 46
May authorize search 47
May administer oaths 48
May bring suits not exceeding $100, before justice 49
Application of process of suits 50
Sale of defendant's property (amended) 51
Meeting of creditors, distribution of moneys and report 52
Purchaser's title valid 53
Debts not due admitted 54
Applying creditors only paid 55
Creditors to give bond 56
Death of defendant not to abate suit 57
E. — Proceedings against Garnishee.
Suit by plaintiff against garnishee (amended) 58
Suit to be continued until judgment in attachment suit 59
Garnishee to have costs on discontinuance or non-suit 60
Scire facias may issue against garnishee (amended) 61
F — Proceedings before Justice of Peace.
Justice to issue attachment 62
Advertisement required 63
Proceedings against garnishee 64
Defendant's appearance and bond 65
Plea, trial and appeal 66
THE STATE OF NEW JERSEY. 1259
ATTACHMENT.— Continued. i ion.
Appeal in garnishee's case 67
Justice's attachment superseded by attachment in higher court 68
Motion to quash without filing bond 69
Costs of superseded attachment to be paid 70
Death of justice 'after judgment 71
G. — Fees.
Fees of auditor 72
Freeholder on weekly appraisement 73
Of justice and constable 74
H. — General Provisions.
Construction to be liberal 75
What orders may be made at chambers 76
Proceedings, if not pursued for twenty years, to cease to have effect 77
BASTARD, page 38.
A. — Proceedings to Apprehend Putative Father of Bastard.
Application to justice 1
Examination of bastard's mother, warrant 2
Proceedings against father if out of county 3
Bond to be taken by justice endorsing warrant 4
Thereupon putative father discharged 5
If no bond given, arrest proceeded with 6
B. — Examination before Justice.
Justice to associate another with himself; proceedings before the two justices. 7
A jury may be required 8
Trial before jury 9
Adjournments in bond of party 10
Prisoner discharged if finding in his favor; if adverse, justices to make order
of filiation 11
Reputed father to pay costs and give bond 12
When father to be discharged and when committed 13
Penalty of bonds 14
Proceedings in case bond given out of county
Examination in such case 16
C. — Appeal to Sessions.
Appeal to sessions 17
Justices to send up papers
Proceedings in sessions 19
When the accused to be discharged; if adverse, court to examine order of sus-
tenance; not to be quashed for defect of form 20
On failure to pay and execute bond, father to be sent to jail 21
Bond to appear at sessions when forfeited 22
D. — Bonds, and Suits on, etc.
Bond, how prosecuted; judgment for penalty; moneys paid out under order of
the court; residues 23
Bond to perform order of filiation, tried by prosecutor of pleas 24
Remedy to township where bastard legally settled 25
E. — General Provisions.
Court may discharge father when indigent 26
Mother of bastard compellable to testify 2 .
Proceedings against property of absconding father or mother 28
Bastard born in poorhouse, proceedings 29
Definition of term "township" 31
BONDS AND WARRANTS, page 367.
Warrant to confess judgment void if in body of bond, etc 1
Warrant by person in custody 2
Warrant to confess judgment not revocable
To be produced at confession 4
1260 INDEX TO THE LAWS OF
BONDS AND WARRANTS— Continued. • section.
Judgment, how entered 5
Supreme court commissioner may order 6
Delivery of papers and record 7
Entry of judgment ten years after date of warrant 8
No reversal for lack of form 9
Not to be entered except as directed by the act 10
Before whom taken 12
Penalty for taking more 14
CERTIORARI, pages 48 to 52.
Allowed in term or vacation 1
Writ to be signed by a supreme court justice 2
When to be delivered in open court 3
Recognizance in case of writ to remove indictment 4
Recognizance to be filed in supreme court 5
Proceedings on removal of indictment 6
Recognizance in other cases; condition of; where filed 7
Allowance of costs 8
Questions of fact in what cases determinable 9
Reversal of assessment for a public improvement; appointment and qualifica-
tions of commissioners; new assessment, costs 10
Jurisdiction of circuit court 11
CHANCERY, page 52.
A. — The Court, when Open.
Terms of court 1
Term lost, suits, etc., continued 2
Court always open for certain purposes 3
Final decrees in vacation 4
B. — Subpoena and Process for Appearance and Service.
Bill to be first filed 5
Process indorsed, signed, and valid 6
Names in one process 7
Notice to be added to subpoena 8
When ticket to issue 9
Proceeding in case Christian name of married woman is unknown 10
How such married woman may appear and plead 11
Such proceedings to be valid 12
Subpoena, how served 13
Who to serve process 14
What equivalent to service of process 15
Ne exeat 16
When security for costs required 17
C. — Proceedings against Non-residents.
Non-resident defendants, how notified; decree pro confesso against 18
Non-resident bound by decree 19
Proof of matters in two preceding sections, before whom made 20
Enforcing decree against absent defendants 21
Notice to non-resident officers of corporation 22
D. — Pleadings and Proceedings after Return of Subpoena.
Bill may call for answer without oath 23
Plea on demurrer, when to be filed 24
Answer, when to be filed 25
Frivolous demurrer 26
Affidavit and certificate to plea or demurrer 27
Decree pro confesso, in term or vacation 28
Issue on plea 29
Demurrer first argued 30
If plea or demurrer overruled, answer must be filed 31
Costs on plea or demurrer 32
THE STATE OF NEW JERSEY. 12C1
CHANCERY.— Continued. , ,
When exceptions or replication niusi be Bled 33
Rule to refer exceptions 34
Costs on exceptions 35
When second answer required 3g
When third answer required, and costs 37
Consequences if insufficient 38
* Cross-bill and answers 39
When cause at issue 40
Persons acquiring interest after bill bird may be made a party on petition! .... 41
Parties may be added either before or after final decree 42
E. — Evidence; Interrogatories; Examination oe Witnesses.
Hearing on bill and answer 43
Interrogatories to complainant ' »44
Examination of witnesses 45
Printing pleadings and evidence 46
F. — Setting Down the Cause and the Hearing.
Cause set down for hearing ; 47
Bill dismissed if plaintiff does not attend 48
Proceedings if defendant does not attend 49
Papers used at hearing 50
G. — Decree; its Enrolment and Effect.
Pleadings, etc., to be enrolled 51
No enrolment if bill be dismissed by consent 52
Clerk, when to enrol 53
When enrolled by clerk's successor 54
How decree required after chancellor goes out of office 55
Effect of decree 56
Lis pendens 57
Clerk to file and record notice 58
How lands discharged upon final decree from notice of lis pendens 60
Order to discharge lands from notice of lis pendens upon bond being given 61
Fees of county clerks 62
Effect of decree for a conveyance, release, or acquittance of lands 63
H. — Final Process and Duty and Liability of Sheriff.
Process after decree 64
Lien of the fieri facias 65
When sheriff to be amerced , 66
Amercement of sheriff in certain cases 67
Further remedy to parj:y aggrieved 68
Sheriff not returning process to be in contempt 69
Proceedings in case of death of sheriff 70
I. — Proceedings in Foreclosure.
Mortgaged premises may be sold under decree 71
Proceedings under fieri facias 72
Supersedeas, in case absent defendant enter appearance 73
Sale when whole of mortgage money not due 74
Stay of sale on appearance, and no plea, demurrer, or answer 75
Decree for excess of debt over proceeds of sale 76
Satisfaction of decree to be entered 77
Persons whose mortgages, etc., are not recorded bound by decree; they may be
made parties 78
Costs for certificate of search in foreclosure cases to be taxed 79
J. — Injunctions.
Injunction after verdict or judgment in personal actions .• 80
In mixed actions 81
Remedy if security be insufficient 82
Chancellor may refer question 83
Injunction before verdict; affidavit required 84
Motion to dissolve after answer 85
Notice of special motion 86
Breach of injunction to stay waste punished 87
1262 INDEX TO THE LAWS OF
CHANCERY. — Continued. section.
K. — Proceedings with Respect to Unsatisfied Judgments at Law.
Bill for discovery 88
Power to compel discovery 89
Debtor may be examined 90
Order to prevent transfer of the debtor's property 91
When receiver pendente lite appointed 93
Depositions may be used at final hearing 94
L. — General Provisions.
Rules may be entered by consent ! 95
Costs on amendments 96
Notice to be taken of filing pleadings 97
Pees of witnesses 98
Reference to supreme court 99
Issue may be tried by jury 100
Compensation of officers called in by chancellor 101
Moneys brought into court to be deposited in bank 102
Punishment for contempt '. . . , 103
Clerk to account for fines 104
Costs discretionary 105
Certain proceedings abolished 106
Office of register abolished 107
Certain rules, etc., not to be registered 108
Chancellor to make rules 109
Executions may issue without revival of decree 110
Injunction, masters in absence of chancellor Ill
When trustee to receive trust property, derived from other states, to be
Chancellor may allow fee to counsel 113
M. — Appeal.
Appeal in what cases, and when, brought 114
N. — Vice-Chancellor, his Duties and Powers.
Vice-chancellor, how appointed and term of office 115
Matters to be referred to him 116
Duties and powers 117
Vice-chancellor may employ stenographic reporter 118
Chancellor may divide the state into districts 119
Vice-chancellor not to practice in any of the courts; salary 120
CONVEYANCE, page 83.
A. — Ancient Conveyance.
Books for recording ancient deeds to be provided * 1
Clerk's compensation 2
Deeds recorded for thirty years, followed by use, may be read in evidence,
though acknowledgment irregular 3
B. — Acknowledgments taken within this State.
Conveyance, how acknowledged or proved, and before whom. Are to be re-
ceived in evidence 4
Judges of pleas may take acknowledgments in any county 5
If witness be dead, insane, or resident out of United States, proof may be before
circuit court 6
C. — Acknowledgments and Proofs taken out of the State, and in some
other State or Territory.
May be acknowledged or proved in other states where the grantor or witnesses
reside or happen to be 7
D. — Acknowledgments or Proofs taken out of the United States.
To be acknowledged or proved out of the United States, where grantor or
witness resides or happens to be, before certain officers 8
E — Acknowledgments by Married Women.
Acknowledgment by feme covert to be on private examination 9
General provisions of act extended to acknowledgment of feme covert 10
Feme covert may convey by letter of attorney 11
The provisions of certain sections extended to such letters 12
THE STATE OF NEW JERSEY. 1263
CONVEYANCE— Continued. section-.
F. — What Enstbi menth mas be Rboobded; Mode of Recording anb Km i ■
To be recorded, must be recorded or proved 13
Must be lodged for record within fifteen days 11
Record of deeds not recorded in ton years from date, shall not be evidence.
.May be Bled and recorded in different counties 15
Letters of attorney for sale of lands, when proved or acknowledged, shall be
Such letters may be recorded 17
Conveyance or lease of railroad or canal constructed in more than one comity,
recorded in office of secretary of state 18
Certain leases to be recorded 19
May be sold under judgment or decree 20
Assignments of same to be acknowledged or proved 21
May be recorded 22
Agreements for the sale of lands, being acknowledged or proved, may be
Fees of clerk 24
Clerk to provide books 25
To record deeds 26
To give receipt 27
Penalty for neglect 28
Record and transcript evidence 29
Record not to be removed 30
Original deed to be produced at trial on notice 31
Deeds recorded in the order as received 32
General index to book of record to be made 33
All future deeds to be indexed 34
Revenue stamps to be denoted on record 35
Record of stamps prima facie evidence 36
G. — Commissioners for taking Acknowledgments.
Commissioners of deeds to be appointed for the several counties 37
Effect of acknowledgment before 38
Term of office 39
When term of office to begin, and official oath 40
Appointment of foreign commissioner 41
Term of office 42
Fee to accompany application for commission 43
List of commissioners to be filed in county clerk's office 44
Foreign commissioners to have official seal, and their certificates to be there-
Fees of foreign commissioners 46
Parts of this act to be sent to foreign commissioners. Fees of secretary of state 47
Foreign commissioners to take oath 48
Commissioners may take oaths and affidavits 49
H. — Certain Acknowledgments Validated.
Acknowledgments by non-residents in the district of officer taking the same,
Same as to proofs of deeds 51
Registry of such deeds made valid 52
Record of such deeds made evidence 53
Acknowledgments and proofs heretofore taken before officers authorized by
other states made valid 54
Same as to acknowledgments heretofore taken before consul 55
Valid, though commissioner not sworn before clerk 56
All acknowledgments and proofs of recorded deeds to be held good after
twenty 7 years 57
CORONERS, page 103.
Coroners elected 1
Oath of office 2
Powers to take inquest 3
When justice may act 4
Duty when informed of death 5
Certificate of coroner or justice 6
When murder suspected, proceedings 7
1264 INDEX TO THE LAWS OF
CORONERS — Continued. SECTION.
Precept for jury to be executed by constable 8
Penalty on constable and juror 9
Jury to be sworn 10
To be charged to inquire, etc 11
Process for witnesses 12
Inquisition returned 13
Further duties of coroners, etc.; may issue warrant for arrest of criminals. ... 14
May direct post mortem examination 15
Inquest on bodies thrown on shore by shipwreck 16
Commissioner of wrecks may act in absence of coroner 17
Fees to person giving notice 18
Graveclothes to be provided 19
Clothing of deceased sold 20
Relatives may take body 21
Penalty for neglect of duty 22
Inquisitions need not be indented 23
Single coroner may return writs 24
When body found in one county shall be brought into another; proceeding. ... 25
Bill of costs to be taxed 27
How paid 28
Justice of supreme court may authorize chemical analysis 29
COURTS, SUPREME AND CIRCUIT, page 112.
A. — Supreme Court.
Supreme court constituted ; terms 1
May be held by one justice 2
Branch court constituted 3
Issues tried, by whom 4
Duty of justices at circuits 5
Special circuit courts authorized in certain cases 6
Foreign juries 7
Districts created 8
Appointment of justices to them 9
Supreme court may be convoked in vacation 11
B. — Circuit Courts.
By whom held 12
Teste and return of process 13
Regulated by what laws 14
Ministerial officers and their duty 15
Proceeding if justice prevented from attending 17
Judges of pleas may adjourn 18
In what cases clerks may adjourn 19
Courts may adjourn 20
One justice may take place of another 21
To be adjourned for term if justice cannot attend 22
Special circuit to try indictments 23
Jurors to attend 24
Writs to be returned *. 25
Justices ex officio judges 26
COURTS, ERRORS AND APPEALS, page 118.
Court, where held, and terms 1
May adjourn 2
Who to preside 3
Vacancies rilled • • • • 5
Subordinate officers and their compensation 6
Compensation of court and clerk 7
Reasons for judgment in inferior court to be assigned 9
Court to deliver opinion in writing 10
Process, how signed and tested 11
Writs of error to circuit 12
THE STATE OF NEW JERSEY. 1265
COURTS, ERRORS AND APPEALS— Continued. IIOX .
Costs on appeal : 22
Papers, etc., to be sent up on appeal !!!!!! 14
Papers, etc., to be returned after decision 15
Court to make rules lg
CRIMES, page 121.
I.— CRIMES WHICH INVOLVE IN.) IKY TO PUBLIC SAFETY.
A. — Offences Against the Commonwealth Simply,
I. Directly. — Treason. Sedition, and the Like.
M isprision of treason 2
Petit treason abolished 3
Maintaining foreign authority over the state 4
Conspiracy to make war on other states of the Union 5
Guilty concealment of the offences foregoing 6
II. Against Public Justice and the Administration of Government.
Obstructing execution of process 7
Officers suffering escapes in capital cases 8
Officers suffering escapes in cases not capital 9
Rescues in capital cases 10
Rescues in cases not capital 11
Breaking prison 12
Aiding escapes 13
Stealing or altering records and legal documents belonging to public offices. ... 14
Injuring or removing public and legal notices 15
Perjury before commissioners taking testimony for foreign courts, to be used
in other states 18
Falsely uttering perjured deposition 19
Compounding of crimes 20
Concealing crimes, having knowledge of their commission 21
Judicial bribery 22
Bribery of members of the legislature 24
Bribery of voters 25
Illegal voting by convicts 26
Fraudulent voting 27
Fraudulently abetting illegal voting 28
Voting twice at same election 29
Corruptly influencing voters 30
B. — Against the Public Peace.
Duelling, and giving or accepting challenges 31
Sending threatening letters 32
Carrying passengers to prize fights 34
Being present at prize fights
Opposing proclamation made under the riot act 36
Unlawfully continuing together an hour after proclamation made under riot act 37
C— Against Public Morals and the Institution of Marriage.
Polygamy • • ■ • •■; • • • * * : " Hi a i
Publication of advertisements and other acts tending to instigate abortion 44
Other acts of like nature • ■
Acts of like nature committed by sending through the post-office or other means
of transportation *7
Search warrant for evidence in such cases authorized * <
Judges to charge the grand jury respecting such offences, and officers to prose-
cute for penalties
1266 INDEX TO THE LAWS OF
CRIMES — Continued. section.
Lawful prescription of physicians authorized 49
Selling lottery tickets 52
Selling insurance policies 53
Gaming in the neighborhood of colleges 54
Betting on horse-racing 56
Stake-holding, and being employed in racing 57
Subscribing to races . 58
Maintaining race courses 59
Selling ardent spirits without licence 60
Sunday selling of intoxicating liquor 61
Selling in court houses or jails 62
Selling on election days 63
Prosecution for witchcraft abolished, and pretenders thereto punished 64
Impostors in religion 65
II— CRIMES WHICH INVOLVE PRIVATE INJURY.
D. — To the Person of Individuals.
Degrees of murder 68
Punishment for murder 69
Killing person attempting to commit crime 71
Killing by misadventure or in self-defence 72
Vending unwholesome provisions 74
Assault with intent to rob 77
Assault with Intent to murder, &c 78
Concealment of the pregnancy with and birth of bastards 83
E. — To Property.
I. — By Direct Injury.
a. — To Divellings and Other Buildings.
Burning buildings 85
Attempt to burn buildings 86
Fraudulent burning of buildings in possession of offender 87
Fraudulent burning of building by occupants 88
Attempting to destroy buildings by use of explosive substance 89
Burning charcoal, in specified counties, through carelessness 90
Obstructing the extinguishment of fires 91
Maliciously injuring by interfering with fire alarm telegraph 92
Housebreaking by day 94
Entering buildings without breaking, with criminal intent 95
Manufacturing or possessing burglary tools, with criminal intent 96
o. — Malicious Mischief.
Injury or mischief to navigable rivers or canals with intent to obstruct their
Injury to public bridges 98
General malicious mischief to property, real or personal 99
Malicious mischief by tenants to property occupied by them 100
Malicious killing or wounding animals not being "cattle" 101