Monmouth weekly herald. [volume] (Freehold, N.J.) 1854-1860, 1859-04-28


A supplement- to the act entitled " an act concern
ing witnesses, approved Aprilsixteenth, eighteen
hundred and %forty-slx.
J.. Be it enacted BY the Senate and General As
sembly of the State of New Jersey, That no person
shall be disqualified as a witness in any suit or pro
ceeJings at law or in equity, by reason Of his or her
interest in the event Of the same as a party or other
wise, but such interest may be shown for the pur
pose of affecting his or her credit; provided, never
theless, that no female shall be admitted as q wit
ness for or against her husband, except when the
suit of proceedings is between her and Der husband.
or shall any party be sworn in any case when the
opposite party is prohibited by any legal disability
from being sworn as n witness, or either of the par
ties in a cause sue or are sued in . representative
capacity.
,. Aud be it enacted, That this act shall take eff
feet Immediately.
Approved March 10, 1859.
A supplement to the act eutitled C an act for the
preservation of deer and other game, and to pre-
vent trespassing with guns, approved April six
teen, eighteen hundred and ~forty-six.
/. Be 1t enacted by the Senate and General AsSem-
bly, of the State Of Nesc Jersey, That from and after
the passage of this act, it shall not be lawful for any
person or persons to kill, capture or hunt in or
about the waters of Barnegat Bay or Manasguan
river. any geese, brant, or ducks, at night, that is
to say, after sunset or before daylight, nor shall it
be lawful at any time to kill, capture or hunt any
geese, bran6 or ducks, in or about the waters afore-
said, except only between the fifteenth day Of Dc
tober and the fifteenth day Of April, yearly and eve
ny year hereafter.
2. Aad be 1t enacted, That all acts and parts of
acts heretofore passed, conflicting with this act, be
and the same are hereby repealed.
Approved March %, 1859.
A supplement to an act entitled I" an act concern
ing taxes approved April fourteenth, eighteen
hundred and ~forty-six.
Whereas, under the provisions of the act to which
this is a supplement, the president and directors
of every Incorporated bank are required to pay
into the treasury of the State one half of one per
cent. upon the whole capital stock actually sub
scribed and paid in aud whereas. banks organ
lied under the general banking law of this State
are not permitted to issue circulating notes to
any amount over and above the amount ofsecuri-
lies deposited with the state treasurer, while
banks specially chartered are authorized to issue
not less than twice, and in some Instances triple
the amount of their capital paid in, consequently
there is no equality in the present mode OF taxa
tion upon such institutions, therefore
1. Be it enacted by the Senate and General AS
sembly of the State of New-Jersey, That the presi-
deaf and directors of every incorporated bank, or
ganized under the provisions of an act entitled "an
act to authorize the business of banking, approved
February twenty-seventh, eighteen hundred and
fifty, and all such as may at any time hereafter be-
come organized under said act, shall hereafter be re-
quired to pay yearly into the treasury of his state,
as directed in the forty-ffth section of the act to
cent. per annum, upon the whole amount Of capital
stock actually subscribed and paid in.
2. And be it enacted, That SO much of the forty
fifth section of the act to which this is a supple
ment, and all other acts or parts of acts inconsistent
with or anywise contrayening the true intent and
meaning 0fEhiS act. he and the same ara harahV rn-
pealed.
S. And be it enacted, That this act shall take eff
feet Immediately.
Approved March %, 1859.
An act to regulate fishing in Manasquan river, in
the counties of Monmouth and Ocean. and also
Wreck Pond, in the county of Monmouth.
/. Be it enacted by the Senate and General As.
sembly of the State of New jersey, and it is hereby
enacted by the authority of the same. That from
and after the passage of this act it shall not be law
full for any person or persons whomseever to draw
set, or in any other manner use any sein or net, or
anything In the nature of a sein or net, for the pur-
pose of catching fish or otherwise, in MaaaSquan
river, in the counties of Monmouth and Ocean. and
in Wreck Pond, in the county Of Monmouth, the
meshes whereofare less than one inch square.
2. And be it enacted, That any person or persons
vic ating the provisions of this act shall be fined the
sum of twenty dollars and costs of suit for each and
~ OA&A1Nf W " W 0AhAOh vi 0OD6 uG7
fore any justice of the peace of the county in which
the offence may be committed, one-half thereof to
go to the complainant, and the other half towards
the support of the poer Of the township wherein
which the offence is committed.
3. And be it enacted, That any persons offending
against the provisions of this act. and being there
OF convicted, shall forfeit all seins, boats and appar-
atus which may betound in their possession at the
time OF committing such offence, which shall be APP
Piled to the support of the poor of the township in
which such offence is committed
4. 'ARd be 1t enacted, That this act shall take eff
feet Immediately.
Approved March Is, 1859.
A further supplement to the act entitled an &C
for the ~reliefo creditors against absent and alb
sconding Debtors
J.. Be it enacted by the Senate and General AS
sembly of the State of New-Jersey, That a Judge
of the court out of which any attachment has is
sued or may issue, may in term or vacation, upon
five days notice to the plaintiff, or to any creditor
admitted by rule under such attachment, or by the
report of auditors on file, order the attachment and
all proceedings therein to be set aside as against
such plaintiff Or creditor upon the defendant enter
Ing his appearance al the suit of such plaintiff or
creditor, and IN ease any personal property, money
or rights in action shall have been attached upon
the d ,fendant entering into such bond with like sure
ty. f. be approved by said judge, as is directed in
the twenty-scyenth section 0fthe act to which this
Is a supplement, upon the defendant entering into
bond with like surety, and approved by said judge,
TO such creditor or plaintiff, in double the sum sworn
to in the affidavit filed by him, conditioned for the
return of such goods and chattels, rights and credits,
moneys and effects attached if judgment DO render
ed for such obligee.
q. Aud be it enacted, That whom said attachment
shall be set aside as against the plaintiff and all
creditors admitted by rule entering on affidavit or
by report of auditors on file, all property attached,
except real estate, shall be free from the lien there
of, aud no creditor shall be admitted under any at
tachment after TIE same shall have been set aside
as to the plaintiff therein.
8. And be it enacted, That a final judgement may
be entered DC course upon the report of the auditors
in six months alter the return OF the attachment in
term, time or vacation, provided the report shall
have been first approved in open court and an order
made in open court that such Judgment be entered
thereon, and it shall not be necessary for the entry
Of such Judgment that the defendant shall have been
called in three successive terms provided. he shall
have been called and made default at each regular
term between the return Of the attachment and
Judgment, and all orders for the appointment OF au-
ditors, for tile sale of perishable property, for ad-
~vertising the attachment, and for the sale OF the de-
PENDANTS property, may be made OUT OF court. by a
Judge of the court in which the action u pending, u
term or vacation.
4. And be It enacted, That this act shell take
feet immediately.
Approved March %, 1859, |