Elizabeth-Town gazette. [volume] (Elizabeth-Town, N.J.) 1818-1821, 1820-04-18
STATE OF NEW-JERSEY.
A Supplement to the act, entitled An
act making lands liable to be sold for
the payment of debts"

the payment of debts"
/. Be 1t enacted, dc. That when any
testator or interstate shall die possessed Of
any share or shares, or part or parts OF
share of propriety OF undivided rights, or
warrant to locate any land, either 10 the
eastern or western division OF New Jersey,
aud shall not leave other estate sufficient
to pay all the just debts, and maintain the
children of such decedent, that then and
| 10 such case, the executor or executors,
administrator or administrators,shall apply
/ TO the Orphans Court OF the county where
such decedent last resided, and the said
court shall make an order for the sale of
such share, OF parts Of shares, or warrants
for INDICATED rights, on the like exhibition
and proof of the deficiency Of the estate
/ OF such decedents to pay the just debts
that shall appear against the same, under
the same restrictions, notice and publicity.
as is by Law directed for the sale Of real
estates.
2. And be 1t enacted, That in case a
writ of fieri facias shall be issued against
the goods and chatteis, lands, tenements,
hereditaments and real estate, Of any per-
sou or persons, aud such person or persons
shall desire that the whole or part Of the
said lands, teuements, hereditamenis and
real estate, shall be sold before any OF the
said goods and chattels, and signify the
same in writing, under his, her, or their
hands, and deliver the same TO the sheriff
or other officer to whom the said writ OF
fieri facias shall be directed, within twenty
days from the time of notice of said writ,
aud before the goods shall be sold, and
enter into bond TO the said sheriff or other
officer, with good and sufficient sureties,
that the goods and silatteis levied OH in
virtue of the said writ, shall be forth
coming TO answer the exigencies of said
writ, at day therein named, not exceed
ing three calendar months from the date
Of said bond, then and 10 that case it shall
be the duty of the said sheriff, or other
sutflcer to whom The said writ shall be di-
rected, to suspend the sale of the said
goods and chsttels, and proceed 10 self
said lands, tenements, hereditaments, and
real estate, or such part thereof as the
owner or owners thereof shall have de-
sired TO be sold as aforesaid, any thing
contained 10 the sixth section of the act
TO which this is supplement, the said writ
Of fieri facias, or any law to the contrary
notwithstanding.
8. Aad be it enacted, That it shall be
the duty of the sheriff or other officer to
whom writ OF fieri facias may be direct
ed, against lands, tenements, herediia-
ments aud real estate, in addition 10 the
notice required by the ninth section of the
act TO which this is supplement, to cause
the time and place Of the sale of said
lands, tenements, Embellishments, aud real
estate, levied on by virtue of said writ,
| to be published in one of the newspapers
printed and published in this state and
Ecirculated in the neighbourhood Of the said
lands, tenements, hereditaments, and real
estate, at least four weeks successfully,
once week, next preceding the time ap-
pointed for selling the same, and that the
said sheriff or other officer, advertising as
aforesaid, shall be entitled, in addition to
his other fees, TO the sum Of one dollar
and fifty cents.
4. And be ii enacted. That whenever
any lands. tenements, hereditaments, and
real estate, shall be directed to be sold by
an order made by the Orphans Court, in
any of the counties of this state, it shall
be the duty Of the executor, administrator,
or guardian, as the case may be, to ad
vertise the time and place of the sale
Thereof, in the manner directed ia the
preceding section of this act, in addition
10 the provision already prescribed by
Ilaw.
5. And be ii enacted, That in all cases
wherein an order hath heretofore been
made, or shall hereafter be made, by the
Orphans Court Of any county in this state,
in which the said court hath ordered or
directed, or may order or direct, two or
more executors. or administrators, TO sell
the whole or any part Of the lands, tene-
ments, entertainments, and real estate Of
a testator, or intestate, for the payment Of
debts, and one or more Of the said exeCu-
tors or administrators shall or may have
departed this life, before such sale shall
have been made, or before deed or deeds
of conveyance may have been executed
in pursuance thereof, that then and in
such case, the survivor or survivors OF
such executors, or administrators, shall
be and they are hereby authorized and
empowered to sell the said lands, tene-
meuts, hereditaments, aud real estate, and
to make and execute good and sufficien,
deed or deeds OF conveyance for the same,
to the purchaser or purchasers, and in all
respects TO execute, carry into effect and
fulfil the said order as fully and eifectual-
lly TO all intents and purposes, as il sIl