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

F

FRAUDS AND PERJURIES, page 299.

A. — 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 PERJURIES— Continued. section.

Broker selling lands not entitled to commissions unless his authority is in

writing 10

B. — Fraudulent Conveyances.

Transfer of chattels or choses in action in trust to use of persons making them

void 11

Conveyances and judgments in fraud of creditors void as against person de-
frauded 12

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

G

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

void 3

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. — 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. — Sale of Lands, etc., of Ward.

Court may order sale of timber or lands 3

Report to court 4

Deed 5

C. — 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

H

HABEAS CORPUS, page 306.

A. — Who. Entitled to Writ of Habeas Corpus.

Who may sue out writ 1

Who may not 2

B. — 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. — 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 CORPUS— Continued. section.

Last section not applicable when the state is actor 12

Officers, etc., to obey writs served on them 13

D. — 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. — 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. — 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. — 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. — 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. — Fees 57

I
IDIOTS AND LUNATICS, page 323.

A. — Inquest of Idiocy and Lunacy, and Appointment of Guardian, and his
Duties.

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 LUNATICS— 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 — 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

INFANTS.

See Guardians.

INSOLVENT DEBTORS, page 341.

A. — 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. — 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. — 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

Fees 30

D. — 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

J

JUDGMENTS, page 358.
A. — 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. — Recording.

To be recorded and indexed within six months 4

Bond may be prosecuted if clerk neglect to record; mode of procedure 5

C. — Docketing.

Final judgment of common pleas or circuit court may be docketed in supreme

court 6

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

• 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. — Assignments of, Recorded.

Assignment of judgment may be recorded and record notice 18

Certified copies evidence; assignee may authorize satisfaction to be entered.. 19

Fees 20

E. — 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

chancery 25

Fees 28

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

Fees 3

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. — The General Panel.

How selected 13

Judge to act instead of clerk, when 14



12S0 INDEX TO THE LAWS OF

JURIES — 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. — 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. — 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. — Jury of View.

Process for 31

View 32

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. — Foreign Jury.

May be ordered by supreme court 36

In criminal cases 37

Venire, how directed, executed, and returned 38

F. — 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. — Exemptions from Jury Duty.

How obtained by firemen 44

Clerk to keep register of names of firemen 45

JUSTICES COURTS, page 383.
A. — 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. — Process.

Teste 10

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* COURTS— Continued. seotiow.

Warrant; proceedings On; trial bond 20

Recognizance '21

C. — 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

Bond 27

D— Trial.

Non-appearance of defendant 28

Time of trial 29

Adjournment 30

Hour of adjournment 31

Adjournment in case of set-off 32

Jury 33

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. — Judgment.

Against plaintiff 42

By confession, how entered 43

No non-suit after cause submitted to jury 44

On bond, with penalty 45

F. — 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

Priorities 66

Inventory 67

Liability of constable 68

Execution against corporation 69



G. — Docketing Judgments.

In what cases

Clerk to keep docket ]}â– 



70



Mode of



72



Operation of docketed judgment 73

Justice not to proceed afterwards '4

Revival of 75

81



1282 INDEX TO THE LAWS OF

JUSTICES' COURTS*— Continued. section.

Clerk to index 76

In cases of appeal and certiorari 77

Clerk how to enter determination on appeal 78

H. — 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. — Certiorari.

Judgment to be removed by certiorari only 95

Not allowed where appeal lies 96

How obtained 97

When adjudicated 98

Costs 99

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. — 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. — Miscellaneous.

Amendment 112, 113

Constable's return amendable 114

References 115

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

Construction 132

Act to apply to district courts 133



THE STATE OF NEW JERSEY. 1283

L

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

act 15

Legislature may repeal or amend this act or any charter under the same 16

LANDLORD AND TENANT, page 422.

A. — 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. — 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. — 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. — Summary Proceedings if Premises Deserted, or rent unpaid, or Term
ended.

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

Fees 19

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. — 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 — Continued. section.

Infant may sue by guardian 2

Proceedings on plea of want of assets 3

Costs 4

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

M

MARRIAGES, BIRTHS AND DEATHS, page 459.

A. — Who may not Mabry.

Prohibited degrees 1

B. — Who may Solemnize Marriage.

Who may solemnize marriages 2

C. — Marriage of Minors.

Parent or guardian of minor to be present or certificate to be produced 3

Penalty 4

Certificate to be registered 5

D. — 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

Penalty 8

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

Oath 17

Register of births and deaths to be evidence 18

Penalty 19

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 DEATHS— 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. — General Provisions.

Meaning of terms "clerk" and "assessor" 28

Fees of clerk 29

Fees of assessor 30

MARRIED WOMEN, page 468.

A. — 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.— May Make Will.

Will of married woman valid 9

C. — May Sue axd be Sued in her owx Name.

Husband not liable for debts contracted by wife in her own name before or after

marriage 10

Wife may sue without joining husband 11

Effect of judgment against married woman 12

D. — 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. — 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. — 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. — 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' LIEN— Continued. section.