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OF THE

FORTY-SEVENTH

GENERAL ASSEMBLY

OF THE

STATE OF NEW-JERSEY.

AN ACT to repeal an act entitled, “An act respecting Depurięš. to the Attorney-General,” and to provide for the appointment of Prosecutors of the Pleas of the State in the several counties.

Courts of

1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the act entitled, “ An act respecting deputies to the Former act reattorney-general,” passed the fifth day of February, one thousand pealed. eight hundred and twelve, be, and the same is hereby repealed.

2. And be it enacted, That from and after the passage of this act, the respective Courts of General Quarter-Sessions of the Quarter-SesPeace, in the several counties of this state, shall appoint some sions hencefit and proper person to prosecute the pleas of the state, in the forth to ap.

point, on cerabsence of the attorney-general

, in each and every county of this tain condistate, which person, so appointed, previous to his entering upon

tions, prosethe duties of his office, shall take and subscribe, before the clerk

pleas, in each of the county for which he has been appointed, the following county, &e. oath or affirmation, viz. "I, do solemnly promise and swear, (or affirm) that I will faithfully, justly, and impartially execute the duties of prosecutor of the pleas of the state in and for the

to the best of iny abilities and understanding: so help me God.” And the said prosecutors shall severally hold their offices for the term of five years, from and after the dates of their appointments respectively, and shall, during the said

cutors of the

County of

term, be vested with the same powers, entitled to the same fees, and subject to the same penalties, in the absence of the attorney general, within their respective counties, as the attorney-general

is by law vested with, and entitled, and subject to. On certain

3. And be it enacted, That nothing herein contained shall precontingencies, vent the court of any county, in case of the absence of the attorcourt may, ap: ney-general and of the prosecutor for said county, during any point a substi. tute, &c. term of said court, from appointing a substitute to prosecute the

pleas of the state during said term, who shall take the oath, be vested with the powers, entitled to the fees, and subject to the penalties above prescribed, allowed, and imposed.

A. Passed November 9, 1822

AN ACT for the better preservation of the Books and Papers

belonging to the Legislature of this State.

1. BE IT ENACTED by the Council and General Assem

bly of this State, and it is hereby enacted by the authority of the State librarian. 'sane, That a suitable person shall be annually appointed, by the

council and general assembly of this state, in joint-meeting, as a librarian of the two houses of the legislature, to serve for one

year, and until another be chosen in his stead. His duty.

2. And be it enacted, That the said librarian shall have the custody of the books and papers belonging to the council and general assembly, except the papers immediately appertaining to the business of the respective clerks; and that it shall be his duty to arrange the same, in proper cases, in one of the committee rooms of the state-house most convenient for that purpose, and to attend daily, during the sitting of the legislature and of the Court of Errors, and keep a regular catalogue of the books and papers, and give out the same agreeably to such regulations as may, from time to time, be established by the joint authority of the two houses; and that he shall receive, for his services, a compensation of two dollars for every day he shall be necessarily employed in the said business, to be paid to him by the treasurer, upon a certificate of the president or vice-president of the council and speaker of the house of assembly.

3. And be it enacted, That for the purpose of enabling the Moneys appropriated.

said librarian to procure the necessary accommodations, and to bind and put in order the books now on hand, there be; and hereby is, appropriated the sum of two hundred dollars, to bed paid to him by the treasurer, out of any moneys in the treasury not otherwise appropriated, and expended under the direction of Garret D. Wall, Charles Ewing, and James J. Wilson; and the said librarian and his assistants are hereby authorized to expend any surplus of the said appropriation in purchasing such books and documents as may be necessary to complete broken sets, or may, in their opinion, be most useful to the members of the two houses.

C. Passed November 16, 1822.

AN ACT appropriating a sum of money for the protection of

the Oyster-beds in the Delaware Bay. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the sum of one thousand dollars be, and hereby is, Moneys apappropriated to defray the reasonable expenses incurred and to propriated. be incurred by the inhabitants of Maurice river, and others, in defending the oyster-beds situate in the Delaware Bay, within the bounds of this state, against the depredations and claims of citizens of other states.

2. And be it enacted, That Timothy Elmer, George Bacon, Commission., and Elias P. Seely, are hereby appointed commissioners, and ers. authorized to draw on the treasurer for the whole or such part of said appropriation as they shall, from time to time, determine to be necessary, and expend the same in prosecuting or defending any suits at law, between citizens of this state and of other states, relating to the defence of the said oyster-beds: Provided, That before the said commissioners shall draw any money by virtue of the appropriation herein made, they shall make oath or affirmation, before some justice of the peace of the county of Cumberland, faithfully and impartially to execute the duties of their said appointment, and file the same in the clerk's office of said county, and present a certified copy thereof to the treasurer.

3. And be it enacted, That the said commissioners shall keep an exact and true account of the expenditures made by virtue of

Balance to be this act, and lay the same before the legislature at their next ses- paid to trea sion, and pay any balance that may remain in their hands to the surer. treasurer.

C. Passed November 21, 1822.

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A SUPPLEMENT to an act entitled, "An act for the relief

persons imprisoned for debt,” passed the eighteenth day of March, one thousand seven hundred and ninety-five.

Debtors to an swer certain interrogatories, &c.

1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That in addition to what is provided by the act above recited, it shall be the duty of the court, at the time of hearing, to exarnine the debtor touching his confinement, whether his imprisonment was compulsory or voluntary, and whether he has not, at any time between the day of his application to the court for his hearing, and the time of his examination, been without the prison lirnits, prescribed by law, to all which, and such other questions as shall be asked by the creditor, under permission of the court, the debtor shall a full answer make, subject to the requirements and liabilities of the original act: and if it shall appear, that the debtor has been without the prison limits, or that his confinement was not compulsory, or will not a satisfactory answer make to the questions proposed, it shall be the duty of the court to stay all further proceeding in the case.

2. And be it enacted, That the weekly stipend allowed by the sixth section of the act, to which this is a supplement, to be paid to the debtor under the direction of the court, be extended, at the discretion of the court, to one dollar, and that the same may be paid to the debtor, or left with the gaoler, at such time, and in such sum, as the creditor or creditors may choose: Provided the said allowance be not withheld for a space longer than one week at any one time,

A. Passed November 28, 1822.

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AN ACT respecting Aliens.

1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That from and after the passing of this act, all aliens in this state, who have been in the United States for a less term than five years, be, and they are hereby exempted from the performance of common militia duty.

A. & C. Passed November 27, 1822.

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