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clerk of the court of common pleas of the county of Cumberland, and thereupon the said marshal shall have all the powers and duties in civil and criminal cases within the county of Cumberland that any of the constables therein. have, and shall be entitled and required to execute any process directed to a constable, and shall have the same fees, and be subject to all the liabilities that the constables of said county may have or be subject to; and the said board may allow and pay to the president and marshal such fees for services in criminal cases as they shall deem reasonable.

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

Approved March 10, 1858.

CHAPTER CVII.

AN ACT to authorize Betsey Ayre to make a will.

WHEREAS, Betsey Ayre by the bequest of her first hus Preamble. band, Jonathan M. Meeker, late of New Providence, New Jersey, and otherwise, holds in her own right certain real and personal estate, and a deed of separation between her and her present husband, Richard Ayre, has been duly executed, in which each of the parties is left in sole possession of all his or her property, and each also relinquishes all claims whatsoever upon the real and personal estate of the other, it being expressly named in said deed

Betsey Ayre
authorized
to make
will.

of separation that Betsey Ayre shall be at full liberty to dispose of her estate by will or otherwise-therefore, 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the said Betsey Ayre be, and she is hereby authorized and empowered to devise and dispose of her property by will, and that the same shall be of like force and effect as if she were single.

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

Approved March 10, 1858.

CHAPTER CVIII.

AN ACT to authorize the trustees of the Second Presbyterian Church of Orange to assess sums of money as a tax or rent on the pews of their church.

Trustees authorized to

1. BE IT ENACTED by the Senate and General Assembly of assess rent of the State of New Jersey, That the trustees of the Second pews. Presbyterian Church in Orange be, and they are hereby

authorized and empowered to assess such sums of money as a tax, or rent, upon the pews of their church as may be necessary to defray the annual current expenses of the congregation, to be made payable in such manner as the said trustees, by their by-laws, may direct, and in default of the payment of the said tax or rent so assessed as aforesaid, for the space of one year, the said pew or pews may be sold for the shortest period of time practicable, under the direction of the said trustees, to pay all arrears thereon.

take effect.

2. And be it enacted, That this act shall not take effect Act, when to until it has been submitted to the pew-holders of said church, and approved by two-thirds of them, at an election to be held at the annual meeting of the parish on the twentieth day of April next.

Approved March 10, 1858.

CHAPTER CIX.

A SUPPLEMENT to the act entitled "An act to incorporate Benevolent and
Charitable Associations," approved March 9, 1853.

of former act

1. BE IT ENACTED by the Senate and General Assembly of Provisions the State of New Jersey, That the act to which this is a sup- extended. plement shall be so construed as to include within its provisions associations formed, or to be formed, for the promotion of religion, local missions, and sabbath schools; provided, that the fifth and sixth sections of the said act Proviso. shall not apply to incorporations formed under this supplement.

Approved March 10, 1858.

Governor authorized

to appoint commission

for other

states.

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CHAPTER CX.

SUPPLEMENT to the act entitled "An act relative to Commissioners for taking the acknowledgment and proofs of Deeds," approved April fifteenth, eighteen hundred and forty-six.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the governor of this state be, ers of deeds and he is hereby authorized, by and with the advice and consent of the senate, to name, appoint, and commission such number of commissioners in each of the states and territories of the United States, and the District of Columbia, as he may deem expedient, and where such appointment shall not be incompatible with the laws of such state, territory, or district where such commissioner shall reside, which commissioner shall have authority, in all cases where the grantor or grantors shall reside in the state, territory, or district in which such commissioner is appointed, to take the acknowledgment or proof of any deed or conveyance, mortgage, defeasible deed, or other conveyance in nature of mortgage of any lands, tenements, or hereditaments, lying and being in this state, or any other instrument of writing under hand and seal, required by the laws of this state to be acknowledged or proved; and such acknowledgment or proof taken or made in the manner directed by the laws of this state, and certified by the commissioner before whom the same shall be made, as by law required, shall have the same force and effect, and be as good and available in law for all purposes, as if such acknowledg. ment or proof had been made before one of the justices of the supreme court of this state.

Term of office.

2. And be it enacted, That every commissioner appointed by virtue of this act, shall hold his office for the term of three years, and in case he shall remove out of the state, territory, or district in which he shall reside at the time of his appointment, his commission shall thereupon become void, and the said commissioners and every of them are

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hereby allowed, and shall be entitled to receive the same
fees as are allowed by law for the like services to officers
in this state; and that in case it shall be made to appear to
the governor that any such commissioner shall charge more
or greater fees than are allowed by law, it shall be his duty
to remove such commissioner from office.

sent with

for appoint

3. And be it enacted, That every person applying for the Fees to be appointment of commissioner, shall enclose with his appli- application cation the sum of five dollars, which sum, if a commission ment." shall be granted, shall be paid over by the governor to the treasurer, and if such commission shall not be granted, then the same shall be returned to the person making such application.

to be sent to

commis

sioners.

4. And be it enacted, That the secretary of state shall Copy of act cause this act to be printed, together with the third, fourth, seventh, and eighth sections of the act to which this act is a supplement; and also, the form of acknowledgment of deeds, mortgages, and other deeds of conveyance used in this state, and shall enclose the same to every person who is now acting, or shall hereafter be appointed a commissioner, by virtue of the provisions of this act, with his commission.

of term of

commis

sioners now in office.

5. And be it enacted, That the commissions of all persons Expiration heretofore appointed commissioners by virtue of the provisions of the act to which this is a supplement, and the supplement thereto, shall expire on the first day of February next after the passage of this act.

6. And be it enacted, That it shall be the duty of the secretary of state, annually within ten days after the adjournment of the legislature, to make out a list of all the commissioners for other states, duly appointed and sworn, together with such appointments made during the recess of the legislature, with the date of appointment and expiration of term, which list he shall cause to be printed, and a copy thereof sent to the clerk of each county in this state; and it shall be the duty of every county clerk whenever any instrument of writing is presented for record, purporting to be acknowledged before a commissioner residing in

Annual list county

to be sent to

clerk.

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