representatives in the congress of the United States, and 2. And be it enacted, That this act shall take effect im- Repealer. mediately, and that all acts or parts of acts inconsistent with this act are hereby repealed. Approved March 10, 1893. CHAPTER CXIV. An Act to amend an act entitled "An act respecting the court of chancery" (Revision), approved March twentyseventh, one thousand eight hundred and seventy-five. 1. BE IT ENACTED by the Senate and General Assembly of Section to be the State of New Jersey, That section eighteen of the act amended. to which this is amendatory be and the same is hereby amended to read as follows: defendants, how 18. And be it enacted, That in case of a bill filed against Non-resident any defendant against whom a subpoena or other process notified." to appear shall issue, and such defendant shall not cause his appearance to be entered in such suit, as according to the practice of said court the same ought to be entered, in case such process has been duly served, and it shall be made to appear, by affidavit or otherwise, to the satisfaction of the chancellor, that such defendant is out of the state, or cannot, upon due inquiry, be found therein, Decree pro con fesso against, or proofs may be required. or that he conceals himself within this state, every such defendant shall be deemed and taken to be an absent defendant, and thereupon the chancellor may, by order, direct such absent defendant to appear, plead, answer or demur to the complainant's bill, at a certain day therein to be named, not less than one nor more than three months from the date of such order; of which order such notice as the chancellor shall by rule direct shall, within ten days thereafter, be served personally on such defendant, by a delivery of a copy thereof to him, or be published in one or more of the public newspapers printed in this state and designated in such order, for four weeks successively, at least once in each week; and in case of such publication, a copy of such notice shall be mailed to such defendant, prepaid, directed to him at the post office nearest his residence or the post office at which he usually receives his letters, unless such residence or post office be unknown and cannot be ascertained upon making such inquiries as the chancellor may, by rule, prescribe in such case, which said notice shall also be published or served in any other manner that the chancellor may see proper in the same to direct; and in case such absent defendant shall not appear, plead, answer or demur within the time so limited, or within some further time to be allowed by the chancellor, if he shall think proper, and on proof of personal service, or the publication and the mailing of said notice, as aforesaid, and of the performance of the direction contained in said order, to the satisfaction of the chancellor, the chancellor may order and direct that the complainant's bill be taken as confessed against such absent defendant so failing to plead, answer or demur, or the chancellor may, at his discretion, order the complainant to procure documents, depositions, exhibits, or other evidence to substantiate and prove the allegations in the bill, or the chancellor may examine the complainant on oath or affirmation, touching or concerning the allegations in the bill, and thereupon such decree shall be made, in either case, as the chancellor shall think equitable and just; and that the provisions of this section shall apply to petitions and bills for divorce. 2. And be it enacted, That the nineteenth section of Section to be the said act be amended to read as follows: amended. bound by the 19. And be it enacted, That any defendant upon whom Non-residents such notice is served as herein directed shall be bound decree. by the decree in such case as if he were served with process within the state; but in such cases where the same shall be published and sent by mail, if such defendant shall make oath that he did not receive the same, and that it did not in any way come to his knowledge, within ten days after the time within which it was directed to be served; or in cases where actual service is sworn to. if it shall be made to appear by satisfactory proof that such service was not made, the chancellor may, in his discretion, before executing such decree, proceed to take security in the manner provided in the twenty-first section of this act. 3. And be it enacted, That the twenty-fourth section of Section to be the said act be amended to read as follows: amended. rer, when to be 24. And be it enacted, That when a subpoena to answer Plea of demurshall have been returned duly served by the proper filed. officer, or the appearance of the defendant shall have been signed, or service of a subpoena acknowledged, as herein before mentioned, the defendant shall file his plea or demurrer to the bill of complaint within thirty days from the return day of the subpoena, unless further time be granted, and the cause, within ten days thereafter, noticed and set down for argument for the next term, by the party demurring or pleading. 4. And be it enacted, That the twenty-fifth section of the Section to be said act be amended to read as follows: amended. to be filed. 25. And be it enacted, That the answer to any bill in Answer, when chancery shall be filed within thirty days from the return day of the subpoena, in case no plea or demurrer be filed, unless further time be granted. 5. And be it enacted, That the thirty-first section of the Section to be said act be amended to read as follows: amended. demurrer over 31. And be it enacted, That if the plea or demurrer be If plea or overruled, no other plea or demurrer shall be thereafter ruled, answer received; but in such case the defendant shall file his must be filed answer to the complainant's bill in twenty days after such overruling, and if he fail to do so, the said bill shall be taken as confessed, and the said court shall thereupon proceed as directed in the twenty-eight section of this act. 6. And be it enacted, That in any suit hereafter comdefendant shall menced the entering of an appearance by a defendant not stay execu- shall not operate to stay the issuing of an execution Entering of appearance by tion. When suits not affected. Repealer, therein. 7. And be it enacted, That this act shall take effect immediately, but shall not affect any suit heretofore commenced; and that all acts and parts of acts inconsistent herewith be and the same are hereby repealed. Approved March 10, 1893. Section to be repealed. Time of making sale of lands or CHAPTER CXV. An Act to amend an act entitled “An act for the relief of creditors against absconding and absent debtors" (Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That section fifty-one of the act to which this is amendatory be and the same is hereby amended to read as follows: 51. And be it enacted, That where judgment, on the goods or chattels, report of the said auditor, shall be entered against the said defendant by default, the said auditor may by virtue of an order of court for that purpose, make sale and ⚫ assurance of the goods and chattels, lands and tenements, of the said defendant, which were attached and taken as aforesaid, and upon which the attachment remains a lien, or such part thereof as shall be necessary to satisfy the debts of the plaintiff, and the creditors who may have Must be adver- applied agreeably to the directions of this act; but notice of the sale of such goods and chattels shall be set up at five of the most public places in the county, and be advertised in some one of the newspapers circulating in tised. this state, for the space of thirty days prior to such sale; nor shall any sale of such lands and tenements be made in less than six months from the time of executing the writ of attachment, nor of any goods or chattels, till judgment be obtained against the defendant as aforesaid, unless the court in its discretion or a judge thereof shall, on the return of the said writ, or at any other time before judgment, order the said sheriff or auditor to sell such goods and chattels; in which case advertisements set up for the space of five days prior to the time of sale, in four of the most public places in the township, precinct or ward, shall be sufficient. 2. And be it enacted, That this act shall take effect immediately. Approved March 10, 1898. CHAPTER CXVI. A Supplement to an act entitled "An act to secure to creditors an equal and just division of the estates of debtors who convey to assignees for the benefit of creditors" (Revision), approved March twenty-seventh, one thousand eight hundred and seventy-four. be confirmed by 1. BE IT ENACTED by the Senate and General Assembly of Sales of land by the State of New Jersey, That it shall be lawful for the assignees shall assignee or assignees of any debtor or debtors to make court. sale and conveyance of the real estate of such debtor or debtors at public or private sale in his or their discretion, but that such assignee or assignees shall not make any conveyance of such lands to any purchaser at a private sale thereof until such sale shall have been reported in writing to the orphans' court of the county in which such lands lie, and have been confirmed by the said court. 2. And be it enacted, That this act shall take effect immediately. Approved March 10, 1893. |