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CHAPTER CCXXIII.

AN ACT Supplementary to an act entitled "An act to re-organize the courts of law," approved February ninth, eighteen hundred and fiftyfive.

county to be

district.

1. BE IT ENACTED by the Senate and General Assembly of Somerset the State of New Jersey, and it is hereby enacted by authority part of third of the same, That the county of Somerset shall hereafter form part of the third judicial district; the counties of Essex and Essex and Union shall together constitute the seventh ties to form judicial district.

Union coun

seventh dis

trict.

Hunterdon,

Somerset,

Essex.

2. And be it enacted, That after July fourth next, the Terms in regular terms of the courts in and for the counties of Mercer, Hunterdon, Mercer, Somerset, Union and Essex shall be Union, and as follows, viz.: In the county of Hunterdon, on the first Tuesday in April, September, and December; in the county of Mercer, on the third Tuesday in April and September and the second Tuesday in January; in the county. of Somerset, on the second Tuesday in May and October and the third Tuesday in December; in the county of Union, on the first Tuesday in April, September, and December; in the county of Essex, on the third Tuesday in April and September and the first Tuesday in January.

3. And be it enacted, That this act shall take effect immediately.

Approved March 23, 1859.

Part of former act repealed.

Boundaries of city.

CHAPTER CCXXIV.

A FURTHER SUPPLEMENT to an act entitled "An act to incorporate the city of Rahway," approved February twenty-sixth, one thousand eight hundred and fifty-eight.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the first section of the act to which this act is a supplement, be and the same is hereby repealed.

2. And be it enacted, That all that part of the several townships of Rahway, in the county of Union, and Woodbridge, in the county of Middlesex, in this state, beginning at the stone bridge over King's creek, where said creek crosses the road leading from East Rahway to Trembley's Point; thence in a northwesterly direction on a straight line to the brook which crosses the road leading from Kinsey's corner to Florence's mill, intersecting said brook two hundred yards to the eastward of said road; thence in a southwesterly direction to the road which leads from Rahway to Westfield, and known as the Westfield road, intersecting said Westfield road at a point where the road which leads to Madison Hill intersects it; thence in a southwesterly direction on a straight line to the road leading from the Six Roads to Mount Pleasant, intersecting said Mount Pleasant road at a small bridge, about two hundred yards to the northwest of the house owned and occupied by Moses B. Bramhall; thence in a southeasterly direction along the line of said Mount Pleasant road to the road which leads from Kinsey's corner to Woodbridge, and known as the Old Woodbridge road; thence along the line of said road to the bridge which crosses the south branch of the Rahway river; thence nearly due east, to the road leading to New Blazing Star, and along the line of said. New Blazing Star road to a point where the lands of Walter Fuller and Aaron Wilkinson adjoin; and thence

in a northeasterly direction in a straight line to the place of beginning; and all citizens of this state who now are or hereafter may be inhabitants within said limits, shall be and are hereby constituted a body politic and corporate, by the name of the "mayor and common council of the city of Rahway," with all the powers incident to a municipal corporation, and necessary for the purpose of carrying out the objects of this act.

council

to raise

tax.

3. And be it enacted, That it shall be lawful for the com- Common mon council of the said city to raise by tax every year, in authorized addition to the sums authorized by the act to which this money by act is a supplement, to be raised by tax, a sum not exceed ing six hundred dollars, to be applied to the use of the fire department exclusively; and that when a majority of the owners of property lying on any street, streets, or part of a street, shall indicate, by petition to the common council of said city, a wish to have such street, streets, or part of a street, supplied with light, the common council may proceed, according to section twenty-eight of the said charter of the city of Rahway, to establish a lamp district or districts, and to raise by tax in addition to the sums authorized by the act to which this act is a supplement, to be raised by tax, a further sum, sufficient to light the same; said tax to be assessed in the manner as prescribed in the act to which this act is a supplement.

4. And be it enacted, That this act shall take effect immediately.

Approved March 23, 1859.

Attachment

may be set

defendant's

&c.

CHAPTER CCXXV.

A FURTHER SUPPLEMENT to the act entitled "An act for the relief of creditors against absent and absconding debtors.

1. BE IT ENACTED by the Senate and General Assembly of aside, upon the State of New Jersey, That a judge of the court out of giving bond, which any attachment has issued or may issue, may in term or vacation, upon five days' notice to the plaintiff, or to any creditor admitted by rule under such attachment, or by the report of auditors on file, order the attachment and all proceedings therein to be set aside as against such plaintiff or creditor upon the defendant entering his appearance at the suit of such plaintiff or creditor, and in case any personal property, money or rights in action shall have been attached upon the defendant entering into such bond with like surety, to be approved by said judge, as is directed in the twenty-seventh section of the act to which this is a supplement, or upon the defendant entering into bond with like surety, and approved by said judge, to such creditor or plaintiff, in double the sum sworn to in the affidavit filed by him, conditioned for the return of such goods and chattels, rights and credits, moneys and effects attached if judgment be rendered for such obligee.

Property

free from

lien when attachment

2. And be it enacted, That when said attachment shall be set aside as against the plaintiff and all creditors admitted is set aside. by rule entered on affidavit or by report of auditors on file, all property attached, except real estate, shall be free from the lien thereof, and no creditor shall be admitted. under any attachment after the same shall have been set aside as to the plaintiff therein.

Final judg ment may be entered on report of auditors.

Proviso.

3. And be it enacted, That a final judgment may be entered of course, upon the report of the auditors in six months after the return of the attachment in term time or vacation; provided, the report shall have been first approved in open court, and an order made in open court that such

judgment be entered thereon; and it shall not be necessary for the entry of such judgment that the defendant shall have been called in three successive terms; pro- Proviso. vided, he shall have been called and made default, at each regular term, between the return of the attachment and judgment; and all orders for the appointment of auditors for the sale of perishable property, for advertising the attachment and for the sale of the defendant's property, may be made out of court, by a judge of the court in which the action is pending in term or vacation.

4. And be it enacted, That this act shall take effect immediately.

Approved March 23, 1859.

CHAPTER CCXXVI.

A FURTHER SUPPLEMENT to an act entitled "An act to incorporate Jersey
City," passed March eighteenth, eighteen hundred and fifty one.

in cases of

taking up

old sewers.

1. BE IT ENACTED by the Senate and General Assembly Assessment of New Jersey, That when any old sewer in Jersey City is wholly or in part taken up, to benefit other lots by building a new sewer, for the use of other lots not otherwise properly drained, instead of assessing to the lots heretofore assessed for the old sewer, their full share of the cost, as now required by law, it shall be optional for the assessors to assess said costs and charges on the lots re

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