The New-Jersey gazette — Burlington [N.J.], 1784-02-03 00:00:00, page 1

STATE OF NEW-JERBE Y.
An AEt for the better regulation of furies.
WHEREAS the prefect mode of em
pannelling jurors to serve in the tri
al of causes at the refpedive courts
in this state is liable to inconveni
encies and abuses ; and it appearing
that it would tend greatly to the prevention of such
abuses, and to the more impartial returning of jurors
to serve at said courts, to have the said juries appoint
ed by ballot; therefore,
Sed. I. Be it enaded by the Council and Genera!
AfTembly of this Rate, and it is hereby enabled by the
authority of the fame, That, from and after the firft
day of April next, every fheriff or other officer to
whom the return of the writ of Venire Facias Jura
tores for trial of causes in the supreme court of this
Rate, or in any of the inferior courts of com
mon-pleas, or before the justices of assize or Nifi Pri
us, Oyer and Terminer, General Gaol Delivery, or
General or Quarter-Seflions of the Peace, in any
county within this state, (hall hereafter at any time
ibelong, shall, upon his return of every such writ (un
less in cases where a special jury shall be struck by or
der or rule of court) annex a pannel to the said writ,
containing the names, additions and places of abode,
of a competent number of jurors qualified according
to law, to serve on juries, the names of the said per
sons to be inserted in the pannel annexed to every
Venire Facias Juratores, for the trial of all issues at
any of the courts herein before mentioned in each re
fpeftive county, which number of jurors shall not be
less than thirty-fix, nor more than sixty, without the
direction of the judge or judges of said court or
courts in any county or place where such cause or
causes are to be tried, who are refpe&ively hereby em
powered and required, if he or they fee cause, by or
der under his or their refpedive hand or hands, to di
rest a greater or lesser number, and then such number
as shall be so directed shall be the number to be in
serted in each panel : And in order that such judge or
judges may be the better enabled to direct (according
to the intent of this aft) what number of jurors are
necessary to be summoned, the party or parties in any
cause or causes which may be at iflue in any of the
courts aforefaid, or his attorney or attornies shall, at
the fame time they give notice of trial to the party or
attorney on the other fide, give the like notice in
writing to the judge or judges before whom such suit
is triable: And the writ of Habeas Corpora furato
rem or Diftringas, subsequent to such writ of Venire
Facias Juratores, need not have inserted in the bo
dies of fucli refpedive writs the names of all the per
sons contained in such panel, but it shall be fufficient
to insert in the mandatory parts of such writs rcfpec
tively (the bodies of the several perlons named in the
panel to this writ annexed) or words of the like im
port, and to annex to such writs reflectively, panels
containing the fame names as were returned in the
panels to such Venire Facias Juratores, with their
additions and places of abode, that the parties con
cerned in any such trials may have timely notice of
the jurors who are to serve, in order to make their
challenges to them if there be cause ; and that for the
making the returns and panels aforefaid, and annex
ing the fame to the said refpedive writs, no other fee
or fees shall be taken than what are now allowed by
law to be taken for the return of the like writs and
panels annexed to the fame: And every fheriff or other
officer to whom the return of the Venire Facias Ju
ratores shall at any time hereafter belong, shall, upon
application made to him for that purpose, at any time
within five days next before the day on which the re
turn of the jury is by such writ directed to be made,
deliver or cause to be delivered to any of the party or
parties in any cause to be tried by such jurors, or any
attorney on their behalf, a true copy of such panel of
jurors, certified under his or their hands to have been
summoned, whose names shall be so inserted in the
panel to be annexed to such writ, with their respec
tive additions and places of abode ; such person or
persons so applying for the fame, paying therefor un
to such fheriff or other returning officer giving the
NEW-JERSEY GAZETTE
[Vol. VIL]
TRENTON: Printed by ISAAC COLLIN S, Printer to the State.
TUESDAY, February 3, 1784.
fame, the sum of two (hillings, in aider that the par
ties concerned in any such trials to be had by such ju
ries may have timely notice and information of the
jurors who are to be returned to serve in such causes
to be tried, and may the better be enabled to make
their challenges to them if they shall find cause
2. And be it enabled, That the name of each and
every person who shall be summoned and empannelled
as aforefaid, with his addition and place of abode,
shall be written on several and distinct pieces of paper
or parchment, being all as near as may be of equal
size and bigness, and shall be delivered unto the clerk
of the supreme court, or other courts aforefaid, and
to the clerk of the aflize at the refpeftive circuit courts,
by the fheriff, under-flieriff or deputy-fheriff, in each
refpedive county, or some agent or agents of him or
them refpedively; and shall, by direction and care of
such refpedive clerk or clerks, be rolled up all as near
as may be in one and the fame manner, and put toge
ther in a box, to be by each refpedive fheriff provided
for that purpose; and when any cause shall be brought
on to be tried, some indifferent person, by direction
of the court, may and shall, in open court, draw out
twelve of the said papers or parchments one after
another ; and if any of the persons whose names shall
be so drawn shall not appear, or be challenged and set
aside, then such further number thereof shall be drawn
as shall make up the number twelve who do appear,
after all causes of challenge allowed as fair and indif
ferent ; and the said twelve persons so frit drawn and
appearing, and approved as indifferent, their names
being marked in the panel, and they sworn, shall be
the jury to try such cause ; and the names of the per
sons so drawn and sworn ihall be kept apart by theni
felves in some other box, to be kept and provided as
aforefaid for that purpose, till such jury shall have
given in their- verdift, and the fame is recorded, or
until such jury shall, by consent of the parties, or leave
of the court, be difeharged; and then the said names
shall be rolled up again, and returned to the former
box, there to be kept with the other names remaining
at that time undrawn, and so as often as any cause re
mains then to be tried. Provided always, That if any
cause shall be brought on to be tried in any of the said
courts refpedively, before the jury in any other cause
shall have brought in their verdid, or be difeharged,
it shall and may be lawful for the court to order
twelve of the residue of the laid papers or parchments
to be drawn in such manner as aforefaid, for the trial
of the cause which shall so be brought on to be tried.
A. Palled at Trenton, December 13, 1783.
Atrue cop, from the original,
MASKELL EWING, jun. Glerk
of the General Afembly.
STATE of NEW-JERSEY.
An AR to regulate the practice of phyfick and fur
ger, within the fate of New-Jersey.
WHEREAS many ignorant and unfkilful per
sons do take upon themselves to administer phy
fick and surgery within this date, to the endangering
of the lives and limbs of the good fubjeds of the fame,
who have been persuaded to become their patients ;
for the prevention of such abuses in future,
Sett. I. He it enacted by the Council and General
AfTembly of this state, and it is hereby enabled by the
authority of the fame, That, from and after the pub
lication of this acc, no person whatsoever shall admi
nister phyfick or pradife surgery in the state of New-
Jersey, before he shall have been firft examined, ap
proved of and admitted by any two of the juftiecs of
the supreme court of this state for the time being,
taking to their assistance for such examination, two
able and fkillful practitioners in phyfick and surgery,
who, after due examination and fatisfa&ory proofs be
ing given of such candidate's learning and skill in phy
fick or surgery, shall certify under their hands and
seals, or at least under the hands and seals of three of
the said examiners, that the person applying is ap
proved of and ought to be admitted to pradife as a
phycian or surgeon, or both, and shall give a testi
monial of his examination and admission in the form
following, videlicet,
THE
To all to whom these pefents shall come, or may con
cern :
KNOW ye, that in pursuance of an aft of the Coun
cil and General assembly of the state of New-Jei
fey, pafled the intitled, “ An
" aft to regulate the practice of phyfick and surgery
" within the state of New-Jersey," N. R. having been
duly examined in phyfick and surgery, by A. B. and
C. D. two of the jultices of the supreme co^rt of
New-Jersey, and dodor E. and F. 01 by three of
them (as the case may be) as appears by tteir certifi
cates annexed, they having approved of his skill, do
hereby admit him as a physician or surgeon (or physi
cian and surgeon, as the case may be) to praftife in
the said faculty or faculties, throughout the state of
New-Jersey; in testimony whereof they have here
unto fubferibed their names and affixed their seals to
this instrument at this day of
Anno Domini 17
And the justices so examining, shall be entitled to
a fee of twenty shillings for their services, to be paid
by the person so applying.
2. And be it further enaded by the authority afore
faid, That if any person or persons shall pra&ife as a
physician or surgeon, or both, within the state of New-
Jersey, without such testimonial as aforefaid, he shall
forfeit and pay for every such offence the sum of five
pounds, one half thereof to the use of any person or
persons who shall sue for the fame, and the other half
to the use of the poor of the city or townihip where
the offence shall have been committed, to be recovered
in any court where sums of this amount are cogniza
ble, with costs of suit. Provided always, That this
ad shall not be construed to extend to any person or
persons administering phyfick or pradifmg surgery
within this state, before the passing of the fame. And
provided always, 1 liat, where any person not quali
fied by law, fh^l administer phyfick or pradife surge
ry in this state, on any emergency where a regular
physician 01 surgeon cannot conveniently be hadjuch
perlon so administering or pradifing, shall not be lia
ble to the penalties hereby inflified. Provided also,
That nothing herein contained shall be construed to
extend to prevent any fltillful physician or surgeon in
any of the neighbouring states, being sent for on any
particular occasion, from pradiling on such occafiow
within this state.
3. And be it further enaded by the authority afore
faid, That every physician, surgeon or mountebank
doctor, who ffiall come into, travel through, or re
main in this state, and shall erect any stage or stages
for the sale of drugs or medicines of any kind,
shall, for every such offence, forfeit and pay the funi
of twelve pounds, to be recovered in any court where
the fame may be cognizable, with costs of suit ; one
half to the person who will prosecute the fame to ef
fed, the other half for the use of the poor of any ci
ty, township or precind where the fame offence shall
be committed.
4. And be it further enacted by the authority afore
faid, That every person now pradifing phyfick or sur
gery, or that shall hereafter be licensed as by this aft
is direded, fnall deliver his account or bill or parti
culars to all and every patient in plain English words,
or as nearly so as the articles will admit of; all and
every of which accounts shall be liable, whenever the
patient, his executors or administrators fnall require,
to be taxed by any one or more of the junices of the
supreme court, or any one or n,re of the judges of
the inferior court of common-pleas of the county
wherein the party complaining resides, calling to theic
assistance such persons therein frilled as they inay think
proper.
A. Faffed at Tienton, November 26, 1783.
A true copy from the original,
MASKELL EWING, jun. Clerk
of the General Atfembly.
Foreign Intelligence.
LONDO N, October 15.
THE Philosophical Society of Edinburgh has re
ceived a royal charter from the king, by which
it is incorporated under the title of " The Ro\al $,.
[Numb. 299.]