acquired their settlements respectively, or in which the said paupers may have resided at the time of acquiring their respective settlements.

cers to con

6. And be it enacted, That nothing in this act shall be Present officonstrued as to interfere with the officers now elected in that tinue. part of the said township of Springfield now created into the township of Millburn, nor with the commissions of the justices of the peace, nor commissioners to take the acknowledgment and proofs of deeds, until they expire by their own limitation.

trict.

7. And be it enacted, That the said township of Millburn Assembly disshall be included in and constitute a part of the third assembly district in the county of Essex.

8. And be it enacted, That this act shall take effect imme

diately.

Approved March 20, 1857.

CHAPTER CXXXVII.

AN ACT to regulate and establish a uniform rate of charges for legal advertising in the state of New Jersey.

vertising.

1. BE IT ENACTED by the Senate and General Assembly of Rates for adthe State of New Jersey, That the price for publishing any legal notice, sheriff's sale, or any order, citation, summons, or any other proceeding or advertisement required by law to be published in any newspaper, shall be forty cents per folio (one hundred words) for the first insertion, and twenty cents per folio for each subsequent insertion after the first. 2. And be it enacted, That all existing laws, or parts of Former acts laws, inconsistent with the provisions of this act, are hereby repealed.

repealed.

Act to go into effect.

3. And be it enacted, That this act shall take effect on the first day of April, one thousand eight hundred and fifty-seven. Approved March 20, 1857.

Certain debts

to be a lien on vessel.

Lien may be enforced by warrant.

CHAPTER CXXXVIII.

AN ACT for the collection of demands against ships, steamboats, and other vessels.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That whenever a debt shall be contracted by the master, owner, agent, or consignee of any ship or vessel, within this state, for either of the following purposes:

I. On account of any work done, or materials or articles furnished in this state, for or towards the building, repairing, fitting, furnishing, or equipping such ship or vessel.

II. For such provisions and stores furnished within this state for the use of such vessel at the time when the same were furnished.

III. On account of the wharfage and the expenses of keeping such vessel in port, including the expense incurred in employing persons to watch her.

Such debt shall be a lien upon such ship or vessel, her tackle, apparel and furniture, and continue to be a lien on the same for nine months after the debt was contracted, and shall be preferred to all other liens thereon, except mariner's wages.

2. And be it enacted, That any person having due him the sum of twenty dollars or upwards, upon any debt contracted for any of the purposes hereinbefore specified, may

make application to any officer authorized by law to perform the duties of a commissioner, appointed by the justices of the supreme court to take special bail and to administer oaths or affirmations, or to one of the justices of the supreme court, or to one of the judges of the court of common pleas of the county, for a warrant to enforce the lien of such debt, and to collect the amount thereof.

3. And be it enacted, That such application shall be in Application writing, and shall specify:

I. By whom such debt was contracted, and for what ship or vessel.

II. The items composing such debt.

III. It shall be verified by the affidavit of the creditor, or of the person making the application in his behalf, stating that the sum claimed in such account is justly due to the person in whose behalf such application is made, over and above all payments and discounts.

And the facts and circumstances to establish such demand shall also be verified by the affidavits of one or more disinterested witnesses.

for warrant.

warrant.

4. And be it enacted, That the officer to whom such appli- officer to issue cation shall be made, shall thereupon issue his warrant to the sheriff or any constable of the county, or, in their absence, to any coroner of the county, commanding him to attach, seize, and safely keep such ship or vessel, her tackle, apparel and furniture, to answer all such liens as shall be established against her, according to law, and to make return of his proceedings under such warrant to the said officer, within ten days after such seizure.

5. And be it enacted, That the sheriff or other officer to whom any such warrant shall be directed and delivered, shall forthwith execute the same, and shall keep the ship or vessel and other property seized by him, to be disposed of as hereinafter directed; he shall, also, within ten days after such seizure, make a return to the officer who issued the warrant, stating therein particularly his doings in the premises, and shall make out, subscribe, and annex thereto, a just and true inventory of all the property so seized; which inventory shall be signed by him and annexed to his return.

Sheriff, &c.,

to execute

warrant and

make return.

No other war

rant to issue

6. And be it enacted, That whenever any such warrant shall against same be issued, no other warrant shall issue against the same ship or steamboat, or other craft or kind of vessel, unless the first warrant be superseded.

vessel.

Notice to be published.

Description of notice.

Any creditor may deliver

ficer.

7. And be it enacted, That the officer issuing any such warrant, shall thereupon immediately order the notice hereinafter directed, to be published in one or more of the newspapers printed in the county to which the warrant shall be issued; and if there be none printed in such county, then in a newspaper printed nearest to such county, once a week for three months successively, or oftener, if he shall deem proper. 8. And be it enacted, That such notice shall contain the following matters:

I. It shall state the issuing of such warrant, the name of the vessel seized, the port or place to which she belongs, and the name of her last commander.

II. It shall require all persons who claim to have any demands against said ship or vessel, her tackle, apparel or furniture, under the provisions of this act, to deliver an account of their respective claims to the said officer, within two months from the first publication of such notice, or that their remedy against such vessel will be forfeited.

III. It shall state that such vessel will be sold for the payment of the claims against such vessel, unless the owner, consignee or commander thereof, or some person interested therein, appear and discharge such warrant according to law, within three months from the first publication of such notice. 9. And be it enacted, That any person having any lien account to of under the provisions of this act, upon the property so seized, may deliver to the said officer an account in writing of his demand, accompanied by such affidavits and proofs as are hereinbefore prescribed, in relation to the first application by any creditor; and he shall thereupon be deemed an attaching creditor, and be entitled to the same benefits and advantages, and subject to the same responsibilities and obligations as the creditor at whose instance such warrant originally issued.

unless account

Liens to cease 10. And be it enacted, That all liens under this act upon is not presen- the property so seized, an account of which shall not be pre

ted within

time limited.

sented to the said officer within the time limited in the notice,

shall cease.

may apply for

charge war

11. And be it enacted, That the owner, consignee, agent, or Owners, &c., commander of any vessel seized by virtue of any warrant order to disissued pursuant to the provisions of this act, and any person rant. interested in such vessel, may at any time before an order of sale shall be made as hereinafter mentioned, apply in person or by attorney, to the officer who issued such warrant, for an order to discharge the same.

12. And be it enacted, That such person shall execute and deliver to the officer to whom such application is made, a bond to the creditors prosecuting such warrant, in a penalty at least double the amount of the debts sworn to by such creditors, with such security as shall be approved by such officer, conditioned that the obligors therein will pay the amount of all such claims and demands as shall have been exhibited, which shall be established to have been subsisting liens upon such vessel, pursuant to the provisions of this act, at the time of exhibiting the same respectively.

13. And be it enacted, That upon such bond being executed and delivered, the said officer shall thereupon grant his order, discharging the warrant that may have been issued by him; and no further proceedings against the vessel so seized, shall be had under the provisions of this act, founded upon any demands included in such bond.

Person apply

ing for order

to give bond.

Warrant disdelivery of

charged on

bond.

held for bene

14. And be it enacted, That every such bond shall be held Bond to be for the common benefit of all the attaching creditors, and fit of all atmay be prosecuted by any of them jointly, or by any one of tors. them separately, in respect to his separate demand.

taching credi.

bond.

15. And be it enacted, That in the suit upon such bond, the suits upon attaching creditors, respectively, shall state in their declaration their respective demands, alleging the work to have been done, or the materials or articles furnished, or the expenses incurred, at the request of the master, owner, agent, or consignee of such vessel, as the case really was, averring that the claim therefor was a subsisting lien on such vessel at the time of the exhibition thereof, as herein before provided: and shall assign, as a breach of the condition of such bond, the non-payment of the claim of such creditor.