capable of making a deed or conveyance for the same, it shall be lawful for the court, out of which the said execution may or shall have issued, upon satisfactory proof that such sale has been fairly and legally made, to appoint another master in chancery, who shall have full power, on tender of the purchase money, or if the purchase money or any part of it has been paid, then on proof of such payment, and on tender of the residue, if any there be, to sign, seal and deliver to the said purchaser or his legal representative, a deed or conveyance of the lands, tenements, hereditaments and real estate so sold, which deed shall be as good and valid, and have the same force and effect as if the master who made such sale had signed, sealed and delivered a deed of conveyance for the same in due form of law.

Master to pay

2. And be it enacted, That if such succeeding master in chancery shall receive any money by virtue of the preceding over money. section of this act, he shall pay the same to the person thereto entitled by law, according to the decree by which he shall be appointed.

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

Approved March 2, 1870.

CHAPTER CL.

An Act for an appropriation for the Library of the State Prison

of the State.

state prison.

1. Be it enacted by the Senate and General Assembly of Appropriation the State of New Jersey, That the sum of five hundred dol- for library of lars be and is hereby appropriated for the benefit of the library of the state prison, said appropriation to be expended under the direction of the inspectors of the state prison and the moral instructor.

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

Approved March 2, 1870.

Claimants to lands compelled to

prove their title.

Subpoena tick

lands.

CHAPTER CLIII.

An Act to Compel the determination of Claims to Real Estate in certain cases, and to quiet the title to the same.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That when any person is in peaceable possession of lands in this state claiming to own the same, and his title thereto or to any part thereof is denied or disputed, or any other person claims, or is claimed to own the same or any part thereof, or any interest therein, or to hold any lien or incumbrance thereon, and no suit shall be pending to enforce or test the validity of such title, claim or encumbrance, it shall be lawful for such person so in possession to bring and maintain a suit in chancery to settle the title of said lands, and to clear up all doubts and disputes concerning the same; the bill of complaint in such suit shall describe the lands with certainty, and shall name the person who claims, or is claimed or reputed to have such title or interest in, or incumbrance on said lands, and shall call upon such person to set forth and specify his title, claim or encumbrance, and how and by what instrument the same is derived or created.

2. And be it enacted, That with the subpoena in such et to describe suit, there shall be issued a ticket to each defendant, describing the lands with precision, stating the object of the suit, and that if the defendant claims any title or interest to, or encumbrance upon said lands, he is required to answer said bill, but not otherwise.

Decree against

claiming.

3. And be it enacted, That no decree for costs shall be defendant not had in such suit against any defendant who suffers a decree pro confesso against him, or who shall answer disclaiming all title to, interest in, or encumbrance on said lands; but this court shall, in such cases, without further proof, decree that such defendant has no estate or interest in, or encumbrance on said lands, or any part thereof; and any defendant who shall by answer, duly verified by oath, deny that he claims or ever has claimed, or pretended to have any estate,

interest or encumbrance, in or upon said lands, or any part thereof, shall be entitled to his costs in said suit.

4. And be it enacted, That if any defendant shall answer Claim, how to claiming any estate, or interest in or encumbrance on said be stated. lands, or any part thereof, he shall in such answer specify and set forth the estate, interest or encumbrance so claimed, and if not claimed in or upon the whole of said lands, he shall specify and describe the part in or upon which the same is claimed, and shall set out the manner in which, and the sources through which such title or encumbrance is claimed to be derived.

tried at law.

5. And be it enacted, That upon application of either Claim to be party, an issue at law shall be directed to try the validity of such claim, or to settle the facts, or any specified portion of the facts upon which the same depends, and the court of chancery shall be bound by the result of such issue, but may, for sufficient reasons, order a new trial thereof, according to the practice in such cases; and when such issue is not requested, or as to the facts for which the same is not requested, the court of chancery shall proceed to inquire into and determine such claims, interest and estate, according to the course and practice of that court; and shall, upon the finding of such issue, or upon such inquiry and determination, finally settle and adjudge whether the defendant has any estate, interest or right in, or encumbrance upon said lands, or any part thereof, and what such interest, estate, right or encumbrance is, and in or upon what part of said lands the same exists.

tle title.

6. And be it enacted, That the final determination and Decree to setdecree in such suit, shall fix and settle the rights of the parties in said lands, and the same shall be binding and conclusive on all parties to the suit; but if any defendant to such suit shall, either at the time of the decree pro confesso against him, or at the final decree, be an infant or non compos mentis, such party, his heirs or assigns, at any time within two years after the termination of such disability, may appear in said suit, and apply for a rehearing, and thereupon such decree shall be opened as against such party, and the cause may proceed as if no decree had been made in the same against him.

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

Approved March 2, 1870.

Repealer

CHAPTER CLV.

A Further Supplement to the act entitled "An Act respecting the Orphans' Court, and the power and authority of Surrogates," approved April sixteenth, eighteen hundred and fortysix.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That so much of the first section of the act entitled "A Further Supplement to the act entitled "An Act respecting the Orphans' Court, and the power and authority of Surrogates," approved April third, eighteen hundred and sixty-six, and of the further supplement thereto, approved April seventh, eighteen hundred and sixty-eight, as limits the operation thereof to the term of two years from the passage of said respective supplements be and the same are hereby repealed.

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

Approved March 2, 1870.

dow not enti

CHAPTER CCVII.

A Supplement to an act entitled "An Act relative to Dowers."

Trustee's wi- 1. BE IT ENACTED by the Senate and General Assembly of tled to dower. the State of New Jersey, That whenever any deed, convey

ance or will heretofore or hereafter made, vests the title to lands in a trustee or trustees to hold in trust for the benefit of the cestui que trust, and a provision of trust appears on the face of the deed, conveyance or will, the wife of the trustee or trustees shall not have any right or claim of dower in said trust estate, but the trustee or trustees by his or their

individual deed may convey the same free from any dower right of his or their wives.

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

Approved March 10, 1870.

CHAPTER CCXVIII.

An Act relative to the Public Printing

ing, how exe

what prices.

1. BE IT ENACTED by the Senate and General Assembly of Public print. the State of New Jersey, That the laws enacted at each ses- cuted and at sion of the legislature, the journals of the senate, and minutes of the joint meeting, the minutes of the house of assembly and legislative documents shall be printed hereafter in accordance with the style in which the work was done in the year eighteen hundred and sixty-nine at the following prices, to wit: for printing three thousand copies of session laws, the sum of forty dollars per sheet of sixteen pages; for printing one thousand copies of the journal of the senate, with the minutes of the joint meeting, and one thousand copies of the minutes of the house of assembly, the sum of thirty dollars per sheet of sixteen pages; for printing one thousand copies of the legislative documents, at the rate of one dollar per thousand ems for composition, and one dollar per token of two hundred and fifty impressions of sixteen pages for the press-work; for printing one hundred and fifty copies of the public bills, ordered by either branch of the legislature, at the rate of six dollars per sheet of four foolscap pages, on good writing paper, with pica type, each page to contain thirty-one lines; for printing the pamphlets and other papers ordered by the legislature, at the rate of one dollar per thousand ems for composition, and one dollar per token of two hundred and fifty impressions of sixteen pages for the press work; provided, that in all cases where rule Proviso. and figure work is required, the price for composition shall be double the rate above stated; and provided, further, that Proviso.