Penalty for violating

son or persons to buy or sell oysters taken from the natural banks or beds mentioned in the foregoing preamble by any other measure than the standard bushel of this state, tried, proved and sealed as required by the statute entitled "An act to establish a uniform standard of weights and measures in this state," approved April seventeenth, eighteen hundred and forty-six.

2. And be it enacted, That any person or persons violating provisions of the provisions of this act shall forfeit and pay for every offence a sum not less than twenty dollars, one-half to go to the prosecutor, and one-half to the poor of the township in which said offence may be committed, to be recovered by action of debt, in any court having cognizance of the same.

Action, how brought.

3. And be it enacted, That it shall be lawful to proceed in any action under this act, by summons or warrant, at the option of the plaintiff.

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

Approved March 6, 1856.

Commission

ers to receive subscriptions.

CHAPTER LXXVI.

A FURTHER SUPPLEMENT to an act to incorporate the Cimden and Atlantic Turnpike Company, approved March twenty-fifth, eighteen hundred and fifty-two.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That so much of the first section ɗ the said act as appoints Jacob L. Rowand, Samuel Richards, Jacob Leech, Samuel Norcross, Joseph Porter, John C. Shreeve, Andrew K. Hay, William Moore, Philip Eamel

James Baker, William Norcross, John P. Walker, David E. Estell, William Coffin, Hosea Joslin and Richard L. Somers commissioners under said act, be and the same is hereby repealed, and that Samuel Githens, John K. Roberts, Daniel W. Lippincott, Joseph Kay, Nixon Davis, Joseph Hays, Charles Wright, Samuel S. Cake, Ezra Stokes, John Wright, James McLain, William R. Johnston, Ephraim Tomlinson and Charles Norcross, be and the same are hereby appointed commissioners, and invested with all the rights and powers conferred by said act on the original commissioners.

ers empowered to make road &c.

2. And be it enacted, That nothing contained in the third Commissionsection of the act to which this is a supplement shall in any wise impair the full right of the said commissioners to open books of subscription to said stock, and to make a turnpike road from Haddonfield to Long-a-coming and Winslow, or to either of said places, with all the power and privileges of said act as fully as if the said third section had not passed. Approved March 6, 1856.

CHAPTER LXXVII.

A FURTHER SUPPLEMENT to the act entitled "An act respecting the orphans' court and the power and authority of surrogates."

accounts of

executors &c

1. BE IT ENACTED by the Senate and General Assembly of the Settlement of State of New Jersey, That it shall be the duty of every executor, administrator, guardian or trustee under a will, to state and settle his account in the surrogate's office of the proper county within one year after his appointment, or at the first regular term of the orphans' court after the expiration of said year, unless the court, for good cause shown, allow further time therefor;

Proviso.

Copies of releases to be evidence.

and in case of failure to make such settlement within the time so limited, or so allowed by the court, any person or persons interested in the estate, or any other person, as the next friend of any infant or infants interested, may cite such executor, administrator, guardian or trustee to make such settlement at the ensuing term of the court; and if he fail to state and settle his account according to such citation, the costs of such citation and of the proceedings thereon shall be paid by such executor, administrator, guardian or trustee out of his own private estate, unless the court, for good cause shown, shall order otherwise; and the court may, if it shall appear that the executor, administrator, guardian or trustee has wilfully delayed the settlement of his account, revoke the letters testamentary of administration or guardianship, or the power and authority of such trustee, and remove such executor, administrator, guardian or trustee from office, and appoint some suitable person in his place, which person so appointed shall, before he enters upon the duties of his appointment, give bond to the ordinary, with two or more sufficient sureties, and in such sum as the court may direct, conditioned for the faithful execution of the trust reposed, and shall then have all the power of the person so removed; and the person so removed shall not be entitled to any commissions or compensation for his past services; provided, that nothing herein contained shall make it the duty of any executor or administrator, who is or may be entitled to all the personal estate of the testator or intestate, after payment of debts, to settle his accounts in the surrogate's office of the county, unless required to do so by some person interested in said estate; nor shall it be the duty of any guardian or trustee to settle an account, who shall file with the surrogate of the proper county a release or discharge from his ward or cestui que trust, of full age, or if married, from such ward or cestui que trust together with her husband, duly executed and acknowledged as deeds for land are by law executed and acknowledged.

2. And be it enacted, That copies of the releases or discharges mentioned in the preceding section, duly certified by the surrogate under his seal of office, shall be received as evidence in all courts of this state.

given of set

tlement of

accounta

3. And be it enacted, That no account of any executor, ad- Notice to be ministrator, guardian or trustee shall be audited or stated by the surrogate, or allowed by the orphans' court, unless such executor, administrator, guardian or trustee shall first give at least two months' notice of such settlement by advertisements set up in five of the most public places of the county in which such settlement is to be made, one whereof shall be set up in the surrogate's office of said county, and also by publishing the same in one or more newspapers published in such county for the same length of time, and due proof of such advertising be made and filed with the surrogate; provided, Proviso. that in case no newspaper be published in the county, then instead of advertising such notice in the newspaper, the said executor, administrator, guardian or trustee shall give notice by setting up advertisements in ten of the most public places in said county for the like space of time, two of which places shall be the clerk's and surrogate's offices of said county. 4. And be it enacted, That sufficient bonds, with two or tors of demore able sureties, to the ordinary of the state, with like penalty and conditions as in other cases of administrator's bonds, shall be required of all husbands to whom administration shall be granted of the goods, chattels and credits of their deceas ed wives.

Administra

ceased wives

to give bond.

of executora

5. And be it enacted, That the commissions of executors and Commissions administrators on all sums that come into their hands under &c. five hundred dollars, shall be determined by the orphans' court, according to the actual services rendered.

mer act re

6. And be it enacted, That the sixth and eighth sections of Part of for the act entitled "A further supplement to the act entitled 'An pealed. act respecting the orphans' court, and the power and authority of surrogates,'" approved March seventeenth, eighteen hundred and fifty-five, and all other acts contrary to the provisions herein contained, be and the same are hereby repealed.

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

Approved March 6, 1856.

LAWE.

law and chancery reports.

Journal and minutes.

Public bills.

Pamphlets.

Proviso.

CHAPTER LXXVIII.

AN ACT to regulate the price of public printing.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That hereafter the prices of public printing executed in pursuance of any order by the senate and general assembly of this state, or by virtue of any appointment by the legislature, shall be as follows, viz.:

For printing the laws enacted at each session of the legis lature, the same to be executed in royal octavo form, on good paper, worth at least fifteen cents per pound, upon small pica type, and in other respects conformable to the directions of the act approved April sixteenth, eighteen hundred and fortysix, for three thousand copies, the sum of fifty dollars per sheet of sixteen pages.

For printing the law and chancery reports, per sheet of sixteen pages, upon paper worth at least fifteen cents per pound, for sixteen hundred copies, upon small pica type, the sum of thirty-five dollars per sheet.

For printing the journal of the senate and minutes of the general assembly, per sheet of sixteen pages, to correspond with the type used and the size of the page with those here tofore printed, upon paper worth at least twelve cents per pound, for one thousand copies, the sum of twenty-one dollars per sheet.

For printing the public bills ordered by either branch of the legislature at the rate of four dollars and fifty cents per sheet, for one hundred and thirty copies, the same to be printed on good foolscap paper, with pica type, and each page to contain thirty-one lines.

For pamphlets and other papers ordered by the legislature, at the rate of sixty-five cents per thousand ems for composi tion, and sixty-five cents per token of two hundred and fifty sheets for presswork, to be executed upon paper worth at least fifteen cents per pound, in addition to the regular rates for folding, stitching and covering the same; provided, that in all cases where rule and figure work is required, the prices for composition shall be double the rates above stated.