The Penn's Grove record., 1891-06-12
CHAPTER CCLIX.

n fuItutT supplement- 10 all atI Cnt1Ilcu 'An
act respecting the orphans court and relat-
ing TO the powers and duties of the ordinary
and the orphans court and surrogate" APP
proved March twcnty-seventh, one thousand
eight hundred and seyenty-four. j.
1. Be 1t enacted by the Senate and Genera
Assembly of the State of New Jersey, That
when any will shall have been admitted to pro-
bate In any state or kingdom without the
United States, and any person shall desire to
have the said will admitted to probate In this
state for any purpose, 1t shall be lawful for the
surrogate of any county In this state, or for
the ordinary. upon a copy of such will being
filed in his Office, certified and attested as a
true copy, by the person or persons, officer OF
court admitting the same to probate, to admit
the same to probate without production of the
original will, upon proof taken under commits
sion, II necessary or In my other manner pro-
vided by law, of the due execution of said will,
in accordance with the laws of this state, which
proof may be taken in the same manner as il
the original will had been prodnt ed before him,
and to record such will and file the said copy
in his Office and issue letters testamentary
thereon If necessary; but the person or persons
to whom such letters may be issued shall moi
less the orphans court of the county in which
probate may be granted, or the ordinary, shall
so order, aid any such will being so proved
effect as IL the original will had been produced
and admitted to probate and letters testament
airy or Of administration with the will annexed
estate heretofore or hereafter made by any ex-
ecuttT or ~ecuto or administrator or adj
illustrators, with the win annexed, or the sur
yivor or survivors of them. or by any trustee
or trustees, or the survivor of them, or by any
deyisee or devisees, shall be as valid as IL said
will had been originally admitted to probate
with the will annexed had been thereon issued
in this state; and such record or a certified COPY
of said will shall be received in evidence in all
courts OF this state; the person or persons de-
string to have any such will admitted to pro-
butte may apply by petition to any surrogate OF
this state in which any real estate devised Or
afTnpfa hNr aid Urfn "a. aol H.
may be situate,or which any personal property
may be found at the death OF the ~testator, or
subsequently, and may annex thereto said copy
OF said will certified and attested as aforesaid;
provided, that there be certificate appended
to said copy by a consular agent of the United
states in such foreign state or kingdom, under
his seal, that the person or persons. officer or
officers, certifying as aforesaid are such per
son or persons, officer or officers, as by his or
their certificate he or they purport to be; on
affirmation of the petitioner, who shall be sworn
or affirmed as to the truth of the facts set out
IN such petition according TO the best of his
gate or ordinary shall be empowered TO take
proof and proceed as aforesaid.
2 And be it enacted, That this act shall take
effect Immediately.
Approved April ID. 1891.
CHAPTER CCLIII,
A Supplement to an act entitled aAn act 10 rcgu-
late the practice of courts OF law,n approved
~.S aeA'tht tisiA hhH-
dred and seventy. four.
J.. Be II enacted by the Senate and General As
eembiy of the State Of New Jersey, That when
the plaintiff is ignorant OF the name or part Of The
name OF a defendant, he may designate that de-
fepdant 10 the summons and In other process or
proceedings 10 the action by a fictitious name or
BY as much OF the name as is known, adding a
description identifying or tending to Identify such
defendant. and the person intended shall be there
sipon regarded as a defendant in the action, and
as sufficiently described therein, for all pnrp SEES,
intending service OF the summons as hereafter pre-
scribed.
.. And be II enacted. That when the name or the
remainder OF the name OF the person becomes
known. an order must be made by the court upon
such notice and such terms as 1t prescribes, that
the proceedings already taken be Geemed amended
by re insertion OF the true name in place OF the
fictitious name or part OF a name, and that all sub,
segment proceedings be taken under the true
name.
3. And be ii enacted. That The summons IN snch
case may be served as prescribed In sections
forty-nipc and nfty OF the act to which this is a
supplement- or, In case Of defendants residence
not being known, by publication of a copy of the
summon in come newspaper published al or near
the place where the cause is trlablc. at least once a
and upon due proof being made TO The court Of
said publication, the defendant therein Intended
to be designated shall be considered to be ip
court the costs OF said publication 10 be reck-
oned In the taxed bill of costs In the cause.
l. And be II enacted. That the provisions Of this
supplement shall extend 10 the practice OF the
courts for the trial of small causes.
B.. And be 1t enacted, That all acts ard parts of
acts inconsistent with this supplement be aud the
take effect Immediately.
Approved April I6. 1891.