Monmouth weekly herald. [volume] (Freehold, N.J.) 1854-1860, 1858-04-15
Supplement- to. the act oatited. aAn act relative to

biC HIS eOCtiOD u II cCI 10 WHICH lulS IN SUPPLE
me tary, as requires the court of pardons to meet
stately at Trenton, on the third day Of each regu-
lar term of the court of errors and appeals, be and
the same Ia hereby repesled.
6. And be 1t enacted, That whenever any person
is r~entenced to the states prison it shall be the duty
of the prosecuting attorney Of the county in which
such person was convicted, to make a brief statement
Of the evidence upon which he or she was convicted,
which statement shall be signed by the Judge who
presided at the trial, and forwarded to the attorney
general Of this state. who. shall attend every session
Of the court Of pardons. upon notice from the secre-
tary of state, and on behalf of the state, present to
the court the evidence upon which any applicant for
pardon shall have been convicted.
2. And be it enacted, That this act shall take
effect immediately.
March II, 1865.
A Supplement to an act entitled, "An Act for the
more easy foreclosure Of mortqae es in this state.
approved March eighteenth, eighteen hundred
and 6fty-one.
1. Be it enacted BY the Senate and General As
sembly Of the State of New Jersey, That in all cases
where the circuit courts have jurisdiction in suits
for the foreclosure and sale of mortgaged premises,
the said circuit courts shall be always open, for the
return If writs of subpoena TO answer, and for max
ing orders for the appearance of absent or concealed
defendants, and that such orders may be, to appear
aid plead, answer or denlur, upon any day either
in term or vacation; and In default Of such plea,
J ~
taken on any day.
2. And be it enacted, That in all cases where a
decree pro ~confesso may be taken in vacation, it
shall be lawful to make all orders of reference, and
other proceedings to perfect a final decree, and to
make a final decree in vacation.
5 And be it enacted, That neither the provisions
of this act, nor the provisions Of the act to which
this is a supplement, shall extend or be made to ap-
ply to any suit for foreclosure, in which any other
person or persons shall be made defendants, except
n are Nr Il A-4arAA1 H. ,4uX-.-
upon which the suit may be brought.
March 10, 1858.
An act to define the rights of parties whose property
is damaged or taken for public use, in cases of
the alteration of the grades of streets or high
ways.
l. Be it enacted BY the Senate and General AS
sembly of the State of Nav Jersey, That an action.
upon the ease DOH and shall lie in behalf of any
person owning any house or other building standing
and erected upon any street or highway, the grade
whereof shall be, or shall have been, altered by vir-
tue of the ordinance, resolution, or other proceeding
of the legislative authority of any city, borough or
town corporate, all damages which such owner shall
suffer by reason of the altering any such grade :;
provided that this act shall not be construed to au-
thorize any action for damages by any such altera-
ton already actually worked and put into effect;
and provided further, that no such action shall be
brought after the expiration of twelve months from
the working of any such grade
2. And be it enacted, That all provisions In any
charter or law of this state, whereby the expenses of
working any grade established in lieu of a former
grade existing, and according to which buildings
have been erected, are directed to be borne by the
owners of land in any street or highway SO graded
shall be and the same are hereby repealed.
8. And be it enacted, That this act shall not refer
to any city, town or borough whose charter or any
supplement thereto, now existing, or which shall
hereafter be passed, provides or shall provide for as
sessing and paying compensation to persons injured
by the making Of grades established or to be estab
lished.
4. And be it enacted, That the grade of no street.
in anv city or town which has been built on. shall be
altered, unless by the consent of the majority of
owners in interest of the lots fronting on the part
proposed to be altered, nor without paying to the
owners of such buildings, the damages sustained by
the alteration of such grade.
6. And be 1t enacted. That the damages mentioned
in this act to be paid to such owners, shall he as
sessed upon and paid by the lands and real estate
benefited thereby, in proportion to the benefits re-
| ceived, and such damages shall be ascertained, est
mated and assessed, and the amounts thereof shall
afterwards be justly and e~quitably assessed, and APP
portioned upon the lands and real estate benefited
tAerebv, bv commissioners to be appointed and who
shall act in all things in the same manner as now
| provided in the respective charters of the several
cities, boroughs and towns corporate in ~thissstate,
for the laying out, opening and altering or widening
any street, highway, road or alley, aid all proceedings
in such matters shall be in, conformity with and
analogous to the proceedings directed, and The
privileges allowed in such charters and all such pro,
visions are hereby extended and made applicable
in all things to the estimating, payment, apportion
ment and collection of such damages in the same
manner as If such subject had originally been en-
braced therein.
6. And be it enacted, That nothing in this act
contained shall be so construed as in any manner to
effect any contract or contracts which may have
been entered into by the authorities of any city, boz