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Clerk of grand juries to be appointed.

ever the said court of oyer and terminer and general jail delivery shall deem it necessary or proper in order to expedite the business of said court and to deliver the jail.

6. And be it enacted, That the court of oyer and terminer and general jail delivery, in and for said county, shall nominate and appoint, under their seal, an officer, to be called the clerk of the grand juries, who shall hold his office for the period of one year, unless sooner removed by the said court, which they are empowered to do at their

pleasure.

Clerk to be
Eworn.

Duties of clerk.

7. And be it enacted, That such clerk of the grand juries, before entering upon the duties of his said office, shall be duly sworn in open court, by the said court appointing him, and afterwards at each term thereof, well and faithfully to execute the duties of his said office; and, further, that he will keep secret the counsel of the state, the grand jury, and his own, as such clerk thereof.

8. And be it enacted, That the duties of said clerk of the grand juries shall be as follows: to obtain and receive from the justices of the peace and the coroners of said county, on behalf of such grand jury, at least six days before the session thereof, all complaints, informations, examinations, inquisitions and recognizances before them, had and taken from time to time, and still remaining ; to arrange such complaints, informations, examinations and inquisitions, so as to expedite the examination thereof by the grand jury, separating such of them as shall relate to persons then confined in the county jail from those which relate to persons at large; to cause subpænas to be issued, under the direction of the prosecutor, by the clerk of the courts for said county to persons having knowledge concerning alleged offenders then in said jail, to appear before the grand jury immediately upon their session; and during the session of the said grand jury to issue like subponas, from time to time, as may be requisite; to aid the grand jury, or any committee or member thereof, in forwarding their business and in the examination of witnesses, and to record substantially in a book, to be provided, the evidence

tion to clerk.

be delivered

of all witnesses sworn, and generally to aid and assist the grand jury, according to his discretion and ability in the discharge of their duties.

9. And be it enacted, That the said clerk of the grand Compensajuries shall receive from the board of chosen freeholders of said county, at each term at the rising of the grand jury, the sum of fifty dollars as compensation for his services.

10. And be it enacted, That it shall be the duty of the Complaints, justices of the peace of said county of Essex to deliver to tions, &c., to the clerk of the grand juries seven days before each session to clerk. of the courts of said county, all complaints, examinations, informations and recognizances before them bad or taken and remaining; and if any justice shall omit so to do, he shall forfeit and pay to and for the use of the county, one hundred dollars, to be sued for in an action of debt by the chosen freeholders thereof.

11. And be it enacted, That in all affidavits, complaints, Residence of informations, examinations and recognizances, hereafter to and of party be taken by any justice of the peace, or coroner, residing be stated. in the city of Newark, touching any matter of a criminal nature, such justice shall state the street and number, if any, at which the party deposing therein, and also the party charged, resides, or may conveniently be found; provided, Proviso. that nothing herein contained shall be construed to invalidate any such paper by reason of the omission to make such statement.

12. And be it enacted, That it shall be lawful for justices Justices of of the peace in and for said county, whenever any person may issue shall be charged before them with the commission or sus. picion of any crime, to issue a subpæna, or if need be, a warrant, commanding the bringing before them forth with of any person who shall be, in their judgment, necessary or proper to be examined as a witness for the state against any person so charged, and to take the examination of such person in writing under oath.

13. And be it enacted, That it shall be lawful for the grand Capias ad jury of said county, or the clerk of the grand juries, when- dum may be

subpæna, &c.

Proviso.

ever they shall think it necessary for the furtherance of public justice, to issue a capias ad testificandum for the bringing before them of any person whom it shall be necessary or proper to examine as a witness before said grand jury, which process shall be issued under the seal of the court as heretofore, by the clerk thereof, and shall be endorsed with his signature by the clerk of the grand juries; provided, that no person shall be detained under such process after being examined before the grand jury, unless the court, on representation of said grand jury, shall so direct or shall order him to recognize for appearance to testify on the trial of any indictment found or to be found; and provided, further, that all such process not ordered by the grand jury, shall be endorsed with his approval by the prosecutor of the pleas for said county.

14. And le it enacted, That this act shall take effect immediately.

Approved March 15, 1859.

Proviso.

CHAPTER CXLIV.

A SUPPLEMENT to an act entitled “An act to alter the boundary line

between the townships of Washington and Roxbury, in the county of Morris.”

Part of
Washington

1. BE IT ENACTED by the Senate and General Assembly of annexed to the State of New Jersey, That all that part of the township

of Washington, in the county of Morris, lying northerly

Roxbury.

and northeasterly of a line commencing at a point in the stream called the Raritan river, which runs out of Budd's lake, and which point is near the forge lately owned by Jacob S. Welsh, now deceased, and where the old boundary line strikes said stream, and running in a direct line across the mountain to the bend in the public road, near the house of widow Rarick, which road leads from Bartley. ville to Hackettstown, and is the old boundary line between said townships, be and the same is hereby set off from the township of Washington and attached to and made part of said township of Roxbury.

2. And be it enacted, That the act to which this is a sup- Part of plement, so far as it conflicts with the provisions of this repealed. act, be and the same is hereby repealed.

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

Approved March 15, 1859.

former act

CHAPTER CXLV.

An Act to confirm the title of “the trustees of the First Particular Bap

tist Church of Paterson,” to land late of Rachel Jackson, deceased.

WHEREAS, Rachel Jackson, late of the city of Paterson, Preamble.

in the county of Passaic, now deceased, and late wife of John Jackson, at and before her death, was seized in fee simple of that certain lot of land and premises, situate

in said city of Paterson, beginning on the south side of Fair street and in the east line of a lot in the occupation of Cornelius Cluistie, and running thence along Fair street easterly thirty-four feet six inches, to a lot owned by Ephraim and Thomas Thompson, thence southerly along the line of said lot at right angles to Fair street, seventy-five feet, thence westerly parallel to Fair street thirty-one feet more or less, to the line of the aforesaid Cornelius Cluistie, thence northerly seventy five feet to Fair street at the place of beginning, as described in deed from Garret Van Wagoner and wife, to the said Rachel Jackson, dated March eighteenth, one thousand eight hundred and fifty-eight, and recorded in the clerk's office of the county of Passaic, in book C. 2, of deeds, pages 549, &c. &c., subject however to the support of her husband John Jackson during his lifetime; and the said Rachel Jackson did make and execute a last will and testament, bearing date the twenty-eighth day of August, eighteen hundred and fifty-eight, and did thereby, among other things, devise the said lot of land and premises or the proceeds thereof, upon the death of her said husband, to the trustees of the First Particular Baptist Church, of Paterson, of which the Rev. Mr. Babcock was pastor at the time of the execution of said will; and the said will being invalid by reason of the said Rachel Jackson being a woman covert at the time of the execution thereof; and since the death of the said Rachel Jackson, the said John Jackson, by his agreement under seal, bearing date the twenty-second day of November, eighteen hundred and fifty-eight, duly made and executed between him, the said John Jackson, of the one part, and the trustees of said church, of the second part, did agree to release to the trustees of said church, all his right, title and interest in and to the said lot of land and premises, subject to the use thereof by bim during his natural life; AND WHEREAS, the said Rachel Jackson has left no children, nor any heirs whatever, by means

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