The Mount Holly news. [volume] (Mount Holly, Burlington Co., N.J.) 1891-1942, 1894-07-31

/. BE it enacted by the Senate and General
Assembly of the State of New Jersey. That
whenever it shall appear by the affidavit of
any person that he is creditOrof any tesla
tor or intestate, and that he has claim or de-
mand, arising on contract against the estate
of such testator or fntestate, and that after
diligent and careful inquiry therefor made
as required in case of absent defend
ants in chancerv he has been nnahIe
TO ascertain who are all the heirs and devisees
ofsuch testator or interstate, whether the heirs,
devisees or personal representatives OF such
:estator or interstate, or any one or more OF
them still alive or known or believed to be
dead, has been unable to ascertain he names
ana residences OF his or their heirs. devlsees or
personal representatives; or OF such OF them
are proper parties defendant in an action
to he brought against the heirs ana deVisees
of such testator or intestate, it shall he law
full for the supreme court, or "A justice thereof
in term-time or vacation, to make an order
permitting such creditor to bring an action
at law against all such parties as are known
and against the unknown heirs deVisees or
personal representatives OF such Iestator or
int tate ms defendants, naming such of them
Is are known and designating in the sum.
mons ana other proceedings such of them
rs are unknown as unknown heirs de isees
or personal repre- sentatives of sueh testator
or intestate, on OF any heir or heirs. devisee or
devisees or personal representatives ofan heir
or heirs, devisee or devisecs or personal rep
resentative OF the original debtor; and upon
filing such affidavit and order il Shall be law
tul tor such creditor to cause a writ or writs
OF summons to issue against such of the
heirs, devisees on personal representatives OF
he original debtOras are known, ana against
such OF them rs are unknown, or against the
heirs, dev1sees or personal representatives OF
such o. them rs are dead, or believed TO be
dead, and whose names are unknown by the
designation of unknown heirs, devisees OF
personal representatives of such original
debtor, or OF snch OF his heirs. devisees or
| personal representatives rs are unknown on
believed to be dead.
| p And be it enacted That section one OF
bae act entitled "a supplement to an act en-
/ Titled An act to regulate the practice of the
] of Ia W fayb fah
proved March third one thousand eight hun
1 dred and flity-three, be and the same is here
| by amended 10 read as follows:
! l. BE it enacted by the Senate and General
| Assembly of the State of New Jersey. That
when the heirs or devisees of land situat ed
/ within this state, or any of them whether
/ them arc known or believed to be dead theil
/ heirs, devisees or personal representatives,
whether known or unknown, against whom a
summons shall issue i'm any suit against such
/ heirs or devisees whether known or IN
1 known, or the heirs, devisees or personal rep.
resentatives OF such OF them as are known ol
| believed to be dead shall reside out of thi.
state. or cannot he found within the same IL
1 order to be served with such writ the sheriff
OF the county in which the said land or any
part thereof. may lie shall SO return and up
| on an affidavit being made to the satisfaction
| of the court out OF which said summons is
sued or of any Judge thereof in vacation
/ showing the residence, as nearly as may he
OF any such defendants may he known
RUE OF court snail De made, signed by tht
judge If done in vacation. and flied, that tn,
defendants MOI served with process. whether
/ in such summons designated by name or IA!
| heirs, devisees or personal representatives o
| the original debtor, or OF such of his heirs
| devisees or personal representatives. us ar,
/ unknown or believed to be dead, do appear tt
the said writ on or before certain day, to b,
| prescribed by said court or Judge not les
Than one nor more than three months iron
1 the time OF making such rule a copy of which
rule shall, within ten days thereafter bC
| served on each of such defendants not served
! with process, or published within the same
/ time in some newspaper published in the
/ county wherein the said land lies ar q con
! tinued therein for tour weeks successfully
ut least once in each week; if there be no sliel
newspaper, or If such land lies in two or NOR,
| counties, such publication shall be in sucl
newspaper may be directed by said cour
or judge in such rule.
3. And be it enacted, That section two o
the aforesaid act be ana the same is hereby
| amended to read rs follows:
,. And be it enacted, That if the defendan
or defendants not served with process or on
or more OF them, do not appear within tn
| time limited by the rule aforesaid upon du,
proof OF The service OF publication OF sucl
rule being filed, Judgment by default shall b,
rendered against him, her or them prOvidpf
a declaration shall have been duly flied il
such suit, which said judgment may be enter
| ed in term-time or vacation, and If the sal,
| detend0nt or defendants, heirs devisees o
| personal representatives of such oligina
I debtor, or of such OF his heirs devisees o
| personal representatives are unknown O
| believed to be dead, or one or more of them
do appear and enter an appearance in person
| or by attorney, in the clerks book he she o
they shall plead to the declaration of tn
plaintiff within thirty days from the expira
| ton OF the time limited by the said rule, o
within such further time as may be grantee
! for that purpose by the court or a iudg
| thereof, and on failure thereof Judgment b.
default may be entered in terin.time or il
VACATION and a writ or writs OF execution
7 issue thereon
4. And be it enacted, That this act shall TAX
effect Immediately,
| Approved May g. 1894.