Power to sell to survive or vest in those who prove 11
Or to vest in administrator de bonis non 12
Sale directed, but no executor named 13
FRAUDS AND PERJURIES, page 299.
A. â What Contracts to be in Writing.
Parol leases and interest in land by parol have the effect of estates at will only 1
Grants, assignments, and surrenders to be in writing 2
Declarations of trust to be in writing, trust by implication of law excepted 3
Grants, assignments, and devises of trust to be in writing 4
Promises and agreements, when to be in writing 5
Parol contracts for sale of goods, when void 6
Promise to pay debt contracted during infancy to be in writing 7
Promise by bankrupt after discharge to pay debt to be in writing 8
Consideration need not be reduced to writing 9
1276 INDEX TO THE LAWS OF
FRAUDS AND PERJURIESâ Continued. section.
Broker selling lands not entitled to commissions unless his authority is in
B. â Fraudulent Conveyances.
Transfer of chattels or choses in action in trust to use of persons making them
Conveyances and judgments in fraud of creditors void as against person de-
Fraudulent conveyances made to deceive purchaser void as against purchaser. . 13
Conveyances with condition of revocation void as against subsequent purchaser 14
But deeds and mortgages taken bona fide and on good consideration not affected 15
Conveyances by public officers embezzling public property void 16
GAMING, page 304.
All wagers unlawful 1
Money paid or deposited on a wager recoverable 2
All contracts, securities, and conveyances made in violation of the first section
Such conveyances shall vest the estate in the heirs of the vendor 4
Money or chattels lost may recover of winner or stakeholder, if suit brought
within six calendar months after delivery 5
Suit by common informer 6
Party sued compellable to discover 7
Lotteries prohibited 8
Conveyances in pursuance of lotteries invalid 9
GUARDIANS, page 337.
A. â Testamentary Guardians.
Father may appoint with mother's consent 1
Guardian entitled to custody, tuition and profits 1
Widowed mother may appoint, when 2
B. â Sale of Lands, etc., of Ward.
Court may order sale of timber or lands 3
Report to court 4
C. â Removal of Property of Minor out of this State.
May be made by order of court when guardian and ward are both non-residents 6
Before such order proof of appointment necessary; court may require addi-
tional security 7
And notice of application to be given; court may refuse order 8
HABEAS CORPUS, page 306.
A. â Who. Entitled to Writ of Habeas Corpus.
Who may sue out writ 1
Who may not 2
B. â The Application for the Writ, its Form, etc
Application for writ 3
Contents of petition for writ, and how verified 4
Writ to be granted forthwith 5
Form of writ 6
Not to be disobeyed from defect in form 7
How writs sealed and certified 8
C. â The Service of the Writ.
Service of writ 9
Service, when person conceals himself 10
Service, fees must be tendered; when bond required 11
THE STATE OF NEW JERSEY. 1277
HABEAS CORPUSâ Continued. section.
Last section not applicable when the state is actor 12
Officers, etc., to obey writs served on them 13
D. â The Return of Writ, and the Proceedings Thereupon.
Return, when to be made 14
Contents of return 15
Person making return may be examined 16
Prisoner must be produced, unless in case of sickness 17
Proceedings in case writ is disobeyed; attachment to issue 18
Proceedings if attachment is issued against sheriff 19
Prisoner to be produced 20
Power of county when called in aid 21
E. â The Hearing on Return of Writ, and Order to Discharge or Remand.
The hearing on return 22
When prisoner to be discharged, and when remanded 23
If arrested or committed on criminal charge, court or judge may inquire into
cause, and may take evidence , 24
If process be founded on contract, inquiry to be made 25
The right to writ in such case 26
Notice to parties interested 27
All persons bailable entitled to writ 28
Production of prisoner may be waived 29
Proceedings to take bail; may be taken before supreme court commissioner. ... 30
Recognizance and certificate of commissioner to be filed 31
Custody of prisoner pending proceedings 32
In case of sickness of prisoner 33
F. â Effect of Discharge, Penalties, etc.
Prisoner not to be reimprisoned for same cause; what not same cause 34
Penalty for reimprisoning 35
Penalty for removing, etc., prisoner to elude writ 36
Penalty for persons assisting 37
Penalty for refusing to obey writ 38
Penalty, punishment 39
G. â Miscellaneous Provisions.
Duty of justice of supreme court to issue writ 40
Warrant if prisoner is about being carried out of state 41
Warrant against person detaining prisoner 42
Service of warrant 43
Proceedings against person detaining prisoner 44
Prisoner not to be removed from prison except by habeas corpus 45
To prevent and punish illegal imprisonment of citizens of this state, carried out
of the state 46
Limitation of suits 47
General issue may be pleaded 48
Prisoner not to be removed after opening of oyer and terminer 49
Information not to be exhibited 50
Discharge on criminal charge not to affect civil process 51
Prisoner entitled to a speedy trial 52
H. â Right of Appeal.
In criminal cases the prisoner may appeal, in civil cases either party 53
On appeal prisoner may be discharged or recommitted 54
Act not to apply to a habeas corpus ad testificandum 55
Act to be liberally construed 56
I. â Fees 57
IDIOTS AND LUNATICS, page 323.
A. â Inquest of Idiocy and Lunacy, and Appointment of Guardian, and his
Proceedings in idiocy and lunacy 1
Appointment of guardian 2, 3
Court may order lands sold, if necessary 4
1278 INDEX TO THE LAWS OF
IDIOTS AND LUNATICSâ Continued. section.
Report to be made 5
Deed, what to set forth 6
Land sold by order of chancellor 7
Proceedings and report of sale 8
Effect of sale 9
Bond of guardian 10
Proceeds of sale to be put at interest 11
Guardian to account in orphans' court 12
Proceeds to go to support of lunatic 13
Order to turn over property to non-resident guardian 14
Guardian to give bonds 15
New sureties may be required 16
In case of death, new guardian appointed 17
New guardian to account 18
Accounts of guardian, when to be rendered, and residue of estate, how to devolve 19
B â Discharge of Idiots and Lunatics from Arrest ox Civil Process; How
Restrained, if Dangerous.
Idiot or lunatic not to be imprisoned in any civil action 20
Proceedings when dangerous lunatic is at large 21
Overseers of poor to make out list of poor idiots and lunatics 22
Inquiry by board of chosen freeholders 23
Committee of board may act 24
INSOLVENT DEBTORS, page 341.
A. â Application for Relief.
Debtors in actual confinement may apply 5
Debtor arrested discharged on giving bond 4
Application to court 2
Officers' return 3
Officers' fee 1
B. â Petition to the Court and the Hearing.
Petition for discharge 6
Time for hearing and notice 7
Proceeding at the hearing 8
Examination of debtor 9
Further examination 10
Assignment and assignee, and discharge of debtor 11
When new assignee appointed, and his powers 12
Proceedings of creditors dissatisfied 13
Pleadings, issue, trial, and judgment 14
If fraud proved, debtor remanded; may make a second application 15
Seducer not entitled to an immediate discharge 16
Discharge of same after term of imprisonment expired, but not entitled to
prison limits 17
C. â The Estate and Power of the Assignees.
Estate vested in assignee; to divide proceeds 18
What conveyances by debtor void 19
Assignee's power to sell; division of proceeds, when and how to be made 20
Notice to be given by assignee for meeting of creditors 21
Oath and accounts of assignee 22
Proceedings to discover effects of debtor
May examine wife of debtor 24
When suit in equity 25
Bail may come in as a creditor 26
Debts not due allowed 27
The debtor's discharge 28
Penalty for fraudulent conduct 29
D. â Prison Limits.
Common pleas to assign prison bounds
What a forfeiture of bond 32
Debtor refused a discharge may give bond for limits 33
THE STATE OF NEW JERSEY. 1279
INTEREST, page 356. section.
Seven per cent, rate of interest 1
Only sum lent on usurious contract to be recovered without interest or costs. ... 2
Person offending against first section may be examined as a witness 3
Borrower may file bill in equity 4
Rate of brokerage r,
Canal and railroad bonds excepted 6
JUDGMENTS, page 358.
A. â Lie.v OF.
Lands are liable to be sold in what cases 1
To bind land from entry 2
Judgment of common pleas on appeal not to affect land, unless a rule be entered 3
B. â Recording.
To be recorded and indexed within six months 4
Bond may be prosecuted if clerk neglect to record; mode of procedure 5
C. â Docketing.
Final judgment of common pleas or circuit court may be docketed in supreme
Clerk to keep docket 7
Form of statement in 8
Clerk to transmit copy to clerk of supreme court 9
Dockets to be indexed and to be public records 10
Operation and satisfaction of docketed judgments 11
Execution not to issue in court below after docketing 12
Revival of docketed judgment by scire facias 13
â¢ Stay of execution on writ of error 14
Docketing not to affect removal of judgment by writ or error 15
Judgment reversed on writ or error 16
Fees of clerks 17
D. â Assignments of, Recorded.
Assignment of judgment may be recorded and record notice 18
Certified copies evidence; assignee may authorize satisfaction to be entered.. 19
E. â Entry of Satisfaction.
Manner of making entry 21
Duty of party to enter satisfaction; form of 22
Warrant to enter; form of; acknowledgment of form of entry 23
Attorney of record may authorize clerk to enter satisfaction 24
Section twenty-three to extend to claims of mechanics' liens and to court of
Court may order satisfaction entered 27
In case of death 28
Satisfaction may be entered according to the course of the respective courts. ... 29
JURIES, page 371.
Process to summon 1
To what county awarded 2
Juror, how discharged 4
Officer not to take reward for excusing juror 5
Qualifications of 6
Sheriff to procure list 7
How summoned 8
Non-attendance, penalty for 9
Fines, how collected 10
Vacancy in grand jury how supplied 11
Foreman to administer oath to and certify names of witnesses 12
A. â The General Panel.
How selected 13
Judge to act instead of clerk, when 14
12S0 INDEX TO THE LAWS OF
JURIES â Continued. section.
Sheriff to deliver list to clerk 15
Other persons may serve, when 15
Panel may be reduced and jurors excused 16
Process executed by coroners and elisors 17
B. â Struck Juries.
In what cases ordered 18
After rule for, cause not to tried by common jury 19
On motion for, plaintiff to have preference 20
Thirty days' notice of trial to be given, if defendant has rule for 21
And panel to be delivered seventeen days before trial 22
If cause not tried, new jury to be struck 23
How struck 24
Court may order that list contain only thirty-six names 25
Fees for striking 26
C. â Impanelling Jury.
How selected from general panel; tales and challenge 27
Venire how returned 28
Names to be replaced in box 29
How jury selected from struck jury 30
D. â Jury of View.
Process for 31
Trial to proceed though no view be had 33
Expense of view to be borne equally 34
View may be ordered before or during trial 35
E. â Foreign Jury.
May be ordered by supreme court 36
In criminal cases 37
Venire, how directed, executed, and returned 38
F. â Challenges.
Interest, no ground of 39
Peremptory challenges ; how many 40
How many by the state 41
In case of struck jury 42
Challenges to array, or to individual jurors triable by court 43
G. â Exemptions from Jury Duty.
How obtained by firemen 44
Clerk to keep register of names of firemen 45
JUSTICES COURTS, page 383.
A. â Jurisdiction.
Extent of 1
In case of penalty 2
Where debt exceeds one hundred dollars 3
Limitation of 4
What penalties cognizable 5
Entry of action without process 6
Suits against bodies politic and corporations 7
Justice whose term of office has expired may conclude cause 8
Writs to run through county 9
B. â Process.
Blank writs not to be issued 11
If issued, void 1 ^
Process to compel appearance; summons and warrant when issuable 13
Order * 4
How set aside *â $
Certified copies of order to set aside to be furnished 16
Summons, where returnable; how served I 7
Service on corporation
Sum demanded to be indorsed on summons or warrant 19
THE STATE OF NEW JERSEY. 12S1
JUSTICES* COURTSâ Continued. seotiow.
Warrant; proceedings On; trial bond 20
C. â Pi i mum;.
What suits to be in debt 22
When demand and plea to be tiled 23
Consequence of neglect to file 24
Plea of title 25
Effect of plea as evidence 26
Non-appearance of defendant 28
Time of trial 29
Hour of adjournment 31
Adjournment in case of set-off 32
Oath of witness; oath of witness and constable 34
Fines in case juror or witness fail to attend 35
In case of set-off, plaintiff not permitted to withdraw 36
Proof by affidavit of book account 37
Of partnership 38
Of notes 39
Affiant to have competent knowledge 40
Disagreement of jury 41
E. â Judgment.
Against plaintiff 42
By confession, how entered 43
No non-suit after cause submitted to jury 44
On bond, with penalty 45
F. â Execution.
Against whom to issue 46
Against body when allowed 47
Order of justice
Application to set aside 49
Justice to file order setting aside, and give copies 50
Effect of order to set aside 51
Liability of constable 52
Service of order 53
Justice to furnish copies of orders and affidavits 54
Supreme court justice to review order of law judge or commissioner 55
Stay of execution, by giving security 56
In case of former judgment 57
Goods, how advertised and sold 58
Claim of property 59
Verdict of jury on each claim; proceedings after verdict 60
In taking the "body, constable how to proceed 61
Scire facias not necessary to revive judgment order where more than six years
have elapsed 62
Service of notice of application for order 63
Execution, how long in force
Alias and pluries 65
Liability of constable 68
Execution against corporation 69
G. â Docketing Judgments.
In what cases
Clerk to keep docket ]}â
Operation of docketed judgment 73
Justice not to proceed afterwards '4
Revival of 75
1282 INDEX TO THE LAWS OF
JUSTICES' COURTS*â Continued. section.
Clerk to index 76
In cases of appeal and certiorari 77
Clerk how to enter determination on appeal 78
H. â Appeal.
In what cases 79
Stay of execution may be ordered 80
Filing of bond to procure stay 81
New appeal bond may be substituted 82
Justice to send up transcript and bond 83
When heard 84
How tried 85
New evidence 86
Jury, how to be demanded 87
Appeal, how triable in absence of demand 88
Report of referees may be inquired into 89
Non-suit on trial of appeal when not allowed 90
No new trial to be granted 91
Justice who tried cause below not to sit 92
Entry of rule to make judgment lien on land 93
Clerk to record judgment 94
I. â Certiorari.
Judgment to be removed by certiorari only 95
Not allowed where appeal lies 96
How obtained 97
When adjudicated 98
Circuit courts to have jurisdiction 100
Judgment not to be reversed in the whole for errors and mistakes. 101
Costs in case of reversal in part 102
Judgment not reversed for mere irregularities 103
Rehearing before justice 104
K. â Costs.
Fees in justice's court, items of 105
In court of common pleas 106
Where jury of twelve men is demanded 107
Jury of six men 108
Constable not required to serve process till his fees are paid 109
Justice's fees to be paid before appeal 110
Fees payable before hearing of appeal Ill
L. â Miscellaneous.
Amendment 112, 113
Constable's return amendable 114
Depositions, notice of 116
How taken 117
Act concerning evidence, how far applicable 118
Docket of justice, entries 119
Justice to enter full bill of costs in 120
Justice, out of office, to give transcript 121
Docket, where deposited after justice's death 122
After impeachment 123
On removal from county 124
Justice to have access to deposited docket 125
Penalty for not depositing 126
Transcript from docket in clerk's office evidence 127
Justice not to keep tavern 128
Justice or constable not to prosecute suits 129
Constables, their duties 130
Parties to suit 131
Act to apply to district courts 133
THE STATE OF NEW JERSEY. 1283
LAND IMPROVEMENT, page 434. SECTION.
Act to Encourage the Improvement of Real Property in this State.
Corporation for land improvement authorized 1
Directors, how chosen 2
Capital stock, payment, etc 3
Capital stock, how transferable 4
Parents, guardians and trustees may hold stock 5
Constitution and by-laws 6
Powers of corporation 7
When authorized to receive conveyances, etc 8
Improvements authorized 9
Corporation may borrow on mortgage 10
Restrictions against nuisances in deeds valid 11
Investments and dividends 12
All other matters regulated by constitution and by-laws 13
Annual statements to be furnished , 14
Any corporation for like purpose already incorporated authorized to adopt this
Legislature may repeal or amend this act or any charter under the same 16
LANDLORD AND TENANT, page 422.
A. â Suit for Rent.
Debt for rent on lease of life 1
When tenant for life dies, remedy : 2
Action for use and occupation 3
B. â Landlord's Lien on Tenant's Goods.
Landlord's lien for rent 4
Goods taken, when sold, rent to be first paid 5
Officer not to remove goods except in daytime and on notice 6
C. â Ejectment under Right to Re-enter.
Ejectment and proceedings therein (amended) 7
How lessee relieved in equity (amended) 8
Suit discontinued on payment or tender 9
D. â Summary Proceedings if Premises Deserted, or rent unpaid, or Term
Remedy if premises deserted 10
Remedy if rent unpaid or term ended 11
Landlord's affidavit 12
Summons to be issued 13
Proof that tenancy has ended 14
How summons served, trial, jury, etc. (amended) 15
Writ of possession ( consolidated ) 16
When action to be dismissed 17
No appeal or certiorari from proceedings 18
Proceedings may be removed to circuit (revision) 20
Venire to issue and trial in circuit 21
Notice of trial and waiver of jury 22
Judgment and writ of possession 23
Power of circuit court over proceedings and writ of error 24
E. â General Provisions.
Surrender and renewal of chief lease not to invalidate underleases 25
Attornment of tenant, when void 26
Penalty for holding over 27
Penalty for holding over after notice of quitting 28
Notice to quit 29
LEGACIES, page 437.
Action to recover may be in supreme or circuit court; abatement of; time
allowed in which to pay 1
1284 INDEX TO THE LAWS OF
LEGACIES â Continued. section.
Infant may sue by guardian 2
Proceedings on plea of want of assets 3
Demand to be made and refunding bond tendered or filed 5
Proportionate abatement of legacy 6
Creditors not to be prejudiced 7
Security to be given by legatee for life or for a limited period 8
LIMITATION OF ACTIONS, page 440.
What action to be brought within six years 1
Actions within four years 2
For words within two years 3
Against whom limitation not to run (amended) 4
Sheriff's and constable bonds 5
Sealed instruments (proviso amended) 6
Judgments (proviso amended) 7
Non-residents excepted 8
Extended in case of death 9
New promise to be in writing (revision) 10
What indorsement of payment not sufficient (revision) 11
Act to apply to set-off (revision) 12
Bond by executor, administrator, guardian, trustee, receiver or assignee of in-
solvent debtor 13
Bond by insolvent debtor (amended) 14
Bond by justice of the peace 15
Right of entry, when barred (proviso amended) 16
Action for lands (proviso amended) 17
Equity of redemption 18
Judgment reversed or arrested 19
Actions by the State 29
Actions on penal statute 21
When forfeiture to county or township. 22
MARRIAGES, BIRTHS AND DEATHS, page 459.
A. â Who may not Mabry.
Prohibited degrees 1
B. â Who may Solemnize Marriage.
Who may solemnize marriages 2
C. â Marriage of Minors.
Parent or guardian of minor to be present or certificate to be produced 3
Certificate to be registered 5
D. â Records of Marriages, Births, and Deaths.
Justices and ministers to record marriages, and make return to clerk of com-
mon pleas 6
Registry by religious society (amended) 7
Clerk of common pleas to record returns 9
Clerk's book of marriages to be evidence 10
Penalty for false return or entry (amended) 11
Duty of secretary of state 12
Register to be kept by clerk of township 13
Births and deaths may be registered 14
Certificate of birth to be proved 15
Certificate of death 16
Register of births and deaths to be evidence 18
Punishment for false swearing to certificate 20
Sexton to report deaths 21
Assessor to return marriages, births, and deaths 22
How register to be kept by township clerks 23
THE STATE OF NEW JERSEY. 1285
MARRIAGES, BIRTHS AND DEATHSâ Continued. section.
Physician or midwife to report birth 24
Secretary of state to notify clerks of negligence 25
Penalty of assessor or clerk in default 26
Books and blanks to be furnished by secretary of state 27
E. â General Provisions.
Meaning of terms "clerk" and "assessor" 28
Fees of clerk 29
Fees of assessor 30
MARRIED WOMEN, page 468.
A. â The Property axd Contracts of a Married Woman.
Woman married since 4th of July, 1852, to retain property owned by her at
time of marriage 1
Woman now married to retain her property 2
Also property acquired during marriage 3
To be entitled to her own earnings 4
May bind herself by contract; exception 5
May execute conveyances for her land, if husband lunatic, or in prison, or
living separate , 6
May bind herself by covenants in a conveyance 7
May execute receipt without concurrence of husband 8
B.â May Make Will.
Will of married woman valid 9
C. â May Sue axd be Sued in her owx Name.
Husband not liable for debts contracted by wife in her own name before or after
Wife may sue without joining husband 11
Effect of judgment against married woman 12
D. â General Provisions.
Ante-nuptial contracts 13
Husband must join in conveyance of wife's lands; act of wife not to bar curtesy 14
Wife's property not liable for husband's debts 15
MECHANICS' LIEN, page 447.
A. â Of the Lien.
Debts contracted in erection of a building to be a lien 1
Building erected under contract filed liable to contractor alone 2
Remedy of workman and material-man if contractor refuses to pay (amended) 3
Estate of person erecting building alone liable unless owner consent in writing 4
Additions and fixed machinery to be considered a building 5
Construction of words in preceding sections 6
Extended to repairs of fixed machinery 7
Extended to repairs on buildings 8
Building on land of married woman liable unless she dissents in writing 9
Extended to docks and wharves 10
B. â Of the Claim.
When claim to be filed and contents 11
Lien docket 12
When suit must be commenced 13
Proceedings to amend lien claim (revision) 14
Description of curtilage may be altered 15
Extent of curtilage '. 16
Proceedings in case of the erection of two or more buildings 17
C. â Suit axd Proceedixgs to Exforce Claim.
Summons, mode of service and return 18
The pleadings, proceedings and judgment 19
Errors in proceedings amendable (revision) 20
Suit in case of death of builder or owner 21
Writ of fieri facias, and when to be special 22
Proceedings on special fieri facias 23
1286 INDEX TO THE LAWS OF
MECHANICS' LIENâ Continued. section.