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CHAPTER CXXXIV.

A Supplement to an act entitled "An act concerning eviidence," 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 the deposition of any party to any action in any of the courts of this state, who reside out of the state while such action is pending, may be taken by commission or upon notice in the same manner and upon the same terms as provided in case of witnesses residing out of the state; and that such deposition may be read and used upon the trial of such cause; it being the intention of this amendment to give the parties to actions who reside out of the state the same privilege to have their depositions taken out of the state as to other witnesses in such actions residing out of the state.

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

Approved March 13, 1893.

Deposition of party to any

non-resident

action taken by commission.

Section to be amended.

What constitutes

summons in action for re

moval of tenants.

CHAPTER CXXXV.

An Act to amend an act entitled "A supplement to an act entitled 'An act constituting "district courts" in certain cities of this state,'" approved March ninth, one thousand eight hundred and seventy-seven, which supplement was approved April fifth, one thousand eight hundred and seventy-eight.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That section seven of the said supplement be amended so as to read as follows:

7. And be it enacted, That in all actions brought under lawful service of said act for the removal of tenants, where admission to the dwelling or premises occupied by the tenant is denied to the officer attempting to serve a notice of demand for the payment of rent or surrender of premises or a sum. mons, or where such tenant resides out of the county in which the demised premises are located, and there is no person in actual occupation thereof, it shall be a lawful service of such notice or such summons if the said officer shall post or affix a copy of the same upon the door or other conspicuous part of such dwelling or premises, and the said officer shall make a return of such service accordingly; provided, that in case the tenant shall not be a resident of the county in which said demised premises are situated and the same shall be in the occupation of any other person, then said notice of said summons may be served either personally upon such person or by leaving the same with a member of his family above the age of fourteen years.

Proviso.

2. And be it enacted, That this act shall be deemed a public act, and shall take effect immediately. Approved March 13, 1893.

CHAPTER CXXXVI.

An Act in relation to the practice in the court of chancery on bills of interpleader.

awarded to com

1. BE IT ENACTED by the Senate and General Assembly of Counsel fee the State of New Jersey, That in all cases in which the plainant court of chancery shall decree an interpleader as between the defendants to a bill of interpleader, the said court shall award to the complainant a counsel fee commensurate with the service of his counsel in the cause, to be taxed in the bill of costs and collected therewith.

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

Approved March 13, 1893.

CHAPTER CXXXVII.

A Supplement to an act entitled "An act concerning clerks of grand juries," approved March ninth, one thousand eight hundred and seventy-seven.

of pleas.

1. BE IT ENACTED by the Senate and General Assembly of Shall act as clerk the State of New Jersey, That the clerk of the grand jury of to the prosecutor each of the juries in all counties of this state having, by the state census of one thousand eight hundred and eighty-five, a population of two hundred thousand or more inhabitants shall also act as clerk to the procecutor of the pleas of such county and for such service as clerk of the grand jury and as clerk to the prosecutor of the pleas, shall receive a salary of eighteen hundred dollars per year and no Salary.

Repealer.

more, and said salary shall be payable monthly, by the collector of the county.

2. And be it enacted, That all acts or parts of acts incon sistent with the terms of this act be and the same are hereby repealed, and this act shall be a public act and take effect immediately.

Approved March 13, 1893.

Attorney-general

to proceed in

of a receiver.

CHAPTER CXXXVIII.

A Supplement to an act entitled "An act to amend an act concerning corporations," approved April seventh, one thousand eight hundred and seventy-five, which amendatory act was approved March twentieth, one thousand eight hundred and ninety-one.

1. BE IT ENACTED by the Senate and General Assembly of the court of chancery State of New Jersey, That after any corporation of this state for appointment has failed and neglected for the space of two consecutive years to pay the taxes imposed upon it by law, and the comptroller of this state shall have reported such corporation to the governor of this state, as provided in said amendatory act, then it shall be lawful for the attorney general of this state to proceed against said corporation in the court of chancery of this state for the appointment of a receiver, or otherwise, and the said court in such proceeding shall ascertain the amount of the taxes remaining due and unpaid by such corporation to the state of New Jersey, and shall enter a final decree for the amount so heri facias issu, ascertained, and thereupon a fieri facias or other process shall issue for the collection of the same as other debts are collected, and if no property which may be seized and sold on fieri facias shall be found within the said state of New Jersey, sufficient to pay such decree, the said court shall further order and decree that the said corporation,

Final decree to

be entered and

assignment of

receiver ap

sold to satisfy

shall exempt

within ten days from and after the service of notice of Court shall order such decree upon any officer of said corporation upon any chose in 602 whom service of process may be lawfully made, or such action, &c, to notice as the court shall direct, shall assign and transfer to pointed, to be the trustee or receiver appointed by the court, any chose amount due. in action, or any patent or patents, or any assignment of, or license under any patented invention or inventions owned by, leased or licensed to or controlled in whole or in part by said corporation, to be sold by said receiver or trustee for the satisfaction of such decree, and no injunc- No injunction tion theretofore issued nor any forfeiture of the charter theretofore issued of any such corporation shall be held to exempt such from compliance corporation from compliance with such order of the court; and if the said corporation shall neglect or refuse within ten days from and after the service of notice of such decree to assign and transfer the same to such receiver or trustee for sale as aforesaid, it shall be the duty of said When trustee to court to appoint a trustee to make the assignment of the make assignsame, in the name and on behalf of such corporation, to ment the receiver or trustee appointed to make such sale, and the said receiver or trustee shall thereupon, after such notice and in such manner as required for the sale under

with such order.

be appointed to

fieri facias of personal property, sell the same to the Sell to highest highest bidder, and the said receiver or trustee, upon the bidder payment of the purchase money, shall execute and deliver to such purchaser an assignment and transfer of all the patents and interests of the corporation so sold, which assignment or transfer shall vest in the purchaser a valid title to all the right, title and interest whatsoever of the said corporation therein, and the proceeds of such sale shall be applied to the payment of such unpaid taxes, how applied. together with the costs of said proceedings.

Proceeds of sale,

whom mistakes

2. And be it enacted, That whenever it is established When and by to the satisfaction of the governor that any corporation corrected. named in said proclamation has not neglected or refused to pay said tax within two consecutive years, or has been inadvertently reported to the governor by the comptroller as refusing or neglecting to pay the same as aforesaid, that the governor be and he is hereby authorized to correct such mistake, and to make the same known by filing his proclamation to that effect in the office of the secretary of state.

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