The Lambertville record. [volume] (Lambertville, N.J.) 1872-1968, 1894-07-04
10. And be it enacted That this act shall
take effect Immediately
Approved MAY O. 1891
CHAPTER CLXVIu

CttAPIEE CLXVll.
A Supplement to an act entitled AN act to
regulate the practice OF courts of law y
lReVisionL approved March twenty-scV-
enth, one thousand eight hundred and
seventy four.
l. BE ii 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 creditor of any tesla
tor or interstate, and that he has a claim or
demand arising on contract, against the
estate of such testator or intestate, and that.
after diligent and careful inquiry therefor,
made as required in case of absent defend
ants i'll chancery. he has been unable to as
certain who are all the heirs and deVisees of
such testator or interstate, whether the heirs
deVlSeeS or personal representatives of such
testatOr or intestate or any one or more of
them, is still alive. or, il known or believed
TO be dead, has been unable to ascertain the
names and residences of his or their heirs. de-
Ylsees or personal representatives, or of such
OF them as are proper parties defendant in
an action TO be brought against the heirs and
deVIsees of such testator or intestate il
shall be lawful for the supreme court. or n jus
tice thereof, in term time or vacation. to
make an order permitting such creditor to
bring an action at law against all such par
ties as are known and against the unknown
heirs, deVisees or personal represe natives of
such testator or intestate as defendants,
naming such of them as are known and desig
mating IN the summons and other proceed
lngs such of them as are unknown as I'M
known heirs, deVisees or personal representa-
tiVes of such testator or intestate, or of any
heir or heirs, devisee or devisPes or personal
representatives OF an heir or heirs, deVisee or
deVisees or personal representative of the
VI - anu Ipoi' ming sucil ainuaVlt
anu otuer II suiul ne lawful lor such crVultor
to cause writ or wTlts of summons to issue
agaihst such OF the nelfs, deNlsees or person
d ~ q pieseu' aIlNes OF the orlgihal ueolor as
aiG hhoMii' anu agttlusi stcn OF V'leln as are
unknown, or agatrSt the heirs, deVisees or
peIso Ii lepIeSelita1iEes on such OF mem as
a ue',e, VI oSileSeu 10 pS ueau auu whose
htines are unkhoWt py inc ueslgnatlon OF
unknown heirs, deVisees or personal repre-
SUI ives Oh sucn orlglnal DEBTOR, or OF such
" ~. ils heirs ueNlsees OF personal representa-
tlNeS Us aTe unknown OF nSlleNeu 10 oe ueau.
~, :, Alll oe II Snaeteu, ihat seetlon one oil
ny ~ SilItIeu \ supplement 10 an act en-
eltiou Al act - Tt9uiate tue practice OF the
courts o. law. Whlch supple mem was APP
proved march thlrd, one thousand eight hun
pIcu iliu my tnteG' pV an tue Slihe Is mere
pN ainenueu 10 feau as iollows
l, DE " elacted oy the Seuate ana General
ASsseihplY OF me state OIL New jersey, Ihat
M VIE tue hFlfs of deNlsees OF ialu sltuateu
WITHIN iI tnis STATE, OF any OF tnenl' whether
knoWn OF unknown or, II any one or more
" theln are SHOWN OF belleNeu 10 pe ueau,
tncir nelrs' deNlsees or perSonal representa-
lives "helher known or unknowh' against
"hoih II summons shal issue IN any sun
d9aihsl sueh netfs or ueNiseeS, whether
NnoWh OF unknown, or me hclfS deN.
lsees or personal representatives OF
sueh OF them as are known or believed
10 oe ueiti' snail reside out OF TINS STATE
or caanot be found WITHIN the same IN
oiuGf 10 ne served WIN Slch VIII the sneflII
OF ne county III which the sald lana, or any
part thereof may lie shall so return, ana up
on uh allIaNlt being nade 10 the satisfaction
ol the court OUT OF when sald summons Is
suen. or or any 1uugc thcreoI IN vacation
snoWlh% tne residence as nearly as may he,
oil any Such ceiehdanfs as may he known, Il
rule OF court snail be male, signed by the
Juuge u zone IN Nleal ION ana hled mat the
delenuahtS not served with process, whether
in such summons DESIGNATED by name or as
heirs deVisees or personal representatives OF
the original debtor or of such OF his heirs
unknown or believed TO be dead, do appear to
the said writ on or before certain day, to he
prescribed by said court or judge not less
than one nor more than three months from
the time OF making such rule copy OF
which rule shall within ten days thereafter
be served ON each OF such defendants not
served with process or published within the