The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1894-08-21
LAWS OF NEW JERSEY.
BY AUTHORITY.
THA pVyEsR Cl,XNHI

TO regulate the practice of courts Of
law" QSevision), approved March TWEEN,
ty-seventh, one thousand eight hundred
and seventy-four.
/. Be 1t enacted by the Senate and Gen>
eral Assembly of the State of New Jer-
sey, That whenever it shall appear by the
affidavit of any person that Is a creditor
of any t~cstator or interstate, and thai
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 de-
PENDANTS in chancery, he has been un@
able to ascertain who are all the heirs
and devisees of such testator or intestate
whether the heirs, devisees or personal
representatives of such testator or IN
t~cstate, or any one or more or them, IL
still alive, or, if known or believed TO
be dead, has been unable to ascertain the
names and residences of his or their
heirs, devisees or personal representa-
| tives, or of such of them as are propes
brought against the heirs and devisees OF
such testator or intestate, 1t shall De
lawful for the supreme court, or a JUS
tice thereof, in term time or VACATION,
to make an order permitting such
creditor to bring an action at law
against all u parties as are known
and aginst the unknown heirs, devisees
or personal representatives OF such tes-
tator or interstate as defendants, naming
such of them as are known and aSalnst
the unknown heirs, devisees or PERSONAL
ltJlG l. MSuCh ICoIoNO1 VI 80
testate as defendants, naming such OF
them as are known and designating in
the summons and other proceedings
such of them as are unknown heirs, de-
visees or personal representative of such
teStator or interstate, or of any heir or
heirs, devisee or deyisees or personal re-
preventative of the original debtor; and
upon filing such affidavit and order 1t
shall be lawful for such creditor to Gauss
a writ or writ of summons to issue
against such of the heirs, devisees or
personal representatives of the original
debtor as are known, and against the
heirs, devisees or personal representa-
tives of such of them as are dead, or be-
lieved to be dead, and whose names are
unknown, by the designation of I'M
known heirs, devisees or personal re-
representatives. of such original debtor,
or of such of his heirs devisees or per
sonal representatives as are unknown or
believed to be dead.
2. And be it enacted. That section one of this
act entitled "A supplement to an act entitled
An act to regulate the practice of the courts
If law, which supplement was approved
darch third, one thousand eight hundred and
ifty-three, be and the same is hereby amend
I'd to read as follows:
/. Be it enacted by the Senate and Genera!
Assembly of the State of New Jersey, That
when the heirs or devisees of land situated
within this state, or any of them, whether
known or unknown, or, If any one or more OF
them are known or believed to be dead, their
heirs, deyisees or personal representatives,
whether known or unknown, against whom a
summons shall issue in any suit against such
5eirs or devisees, whether known or unknown,
N the heirs. devisees or personal representa-
ives of such of them as are known or be
iieved to be dead, shall reside out of this state,
3r cannot be found within the same in 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 upon an
affidavit being made to the satisfaction of the
court out of which said summons issued, or of
any Judge thereof in vacation, showing. the
residence, as nearly as may be, of any such
defendants as may be known, a rule of court
shall be made, signed by the judge, if done in
vacation, and filed, that the defendants not
served with process, whether in such summons
designated by name or as heirs. devisees or per-
sonal representatives of the original debtor, or
AZ such of his heirs, deFlSeeS or personal repre-
sentatiyes as are unknown or believed to be
dead, do appear to the same writ on or before
a certain day, to be prescribed by said court
or Judge, not less than one nor more than three
months from the time of making such rule, a
copy of which rule shall, within ten days there
after, be served on each of such defendants not
served with process, or published within the
same time of some newspaper published in the
county wherein the said land lies, and conttn-
ued therein for four weeks successfully, at
least once in each week; if there be no such
newspaper, or If such land lies in two or more
counties, such publication shall be in such
newspaper as may be directed by said court or
judge in such rule.
8. And be it enacted, That section two of
the aforesaid act be and the same is hereby
amended to read as follows:
2. And be it enacted, That if the defendant or
defendants not served with process, or one or
more of them, do not appear within the time
limited by the rule aforesaid, upon due proof
of the service of publication of such rule being
filed, Judgment by default shall be rendered
against him, her or them, provided a declara-
ton shall have been duly filed in ouch suit,
which said judgment may be entered in term
time or vacation, and if the said defendant or
defendants, heirs, devisees or personal repre-
sentatives of such original debtor, or of such
of his heirs, devisees or personal representa-
tives as are unknown or 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 or they shall plead to the
declaration of the plaintiff WITH thirty days
from the expiration of the time limited by the
said rule, or within such furthef time as may
be granted for that purpose by the court, or a
judge thereof, and on failure thereof judgment
by default may be entered in term-time or in
vacation, and a writ or writs of execution is
sued thereon.
4. And be it enacted, That this act shall take
effect Immediately.
Approved May 8, 1894.