Year: 1878




%. And be 1t enacted, That every suit of a civil ma
tre at law where the debt balance or other matter
dispute does not exceed exclusive of costs the
value OF one hundred dollars shall be and hereby mad
cognzabe in any district of this state in the cite
where they may be established hear try and determn
the according law, although the of actio
did arise in said city, said shall have iurisdc
ton, exclusive of all other whatsoever in all case
arising under this act where the party defendant reside
within the corporate limits of the city wherein said cour
shall be estabished provided always that thi
act shall not extend any action of repevn slander
tespass tor assault battery Imprisonment an,
action wherein the title any lands tenements heredit
aments or other real estate shall may in any wise come
in question:,


be amended so as TO read as follows


g. And be it enacted That every suit of civil nature
at law, where the debt, balance, other in dis
pute does not exceed exclusive Of costs, the val
ue OF two hundred dollars shall be and hereby made
cognzable district of this the cities
where they may be established to hear tryand determine
the according law although the of action
did not arise in said city said district shall have
Jurisdiction exclusive Of all other whatsoever
cept the circuit of the county counties wherein
said district may be established in all arising under
this act where the party defendants within the
% OF the city wherein said court or courts shall be
tabshed provided always, that this shall extend
to any action of replevin SANDER trespass for assault
battery or imprisonment to any action wherein the
title to any lands, tenements heredamenls other real
estate shall or may in anywise come in question.


And be it enacted. That section of the act to
which this is supplement and which reads as follows:
81. And be it enacted, That whenever the amount
really due recoverable upon any bond, BILL or
other contract in writing does exceed exclusive OF



when the suit is instituted such shall be recover
able in said district courts without regard any kind Of
other debt other demand of hundred dollars or IN
der is made recoverable by this act


be and the same hereby amended read as fol-
lows:


J. And be it enacted, That whenever the amount real
y due or recoverable upon any bond BILL note other
in writing does not exceed exclusive of costs
the value of hundred dollars the time when
the suit instituted such shall be recoverable in
said district court without regard to any kind ofpenaty
expressed therein in the any other debt
or demand of two hundred dollars under is made
coverabe by this


). And be it enacted, That section twenty of the
act to which this is supplement, and which reads fol-
lows.


ae And be it enacted That if any defendant neglect
refuse 10 deliver copy of his her
of demand against such plaintiff, he she shall forever
thereafter be precuded from having maintaining anv
action for such demand or from setting off the
any future suit: provided always that where the
balance found be due such defendant exceeds the
of one hundred dollars then the said defendant shall
not be precuded from recovering his her
demand against such plaintiff any other of re
cord having cogniZance OF the same,


be and the is hereby amended read fol-
lows:


2o And be it enacted. That if any defendant neglect
or refuse to deliver copy of his her
OF demand against such plaintiff he she shall forever
thereafter be preCluded from having maintaining
action for such demand from setting off the
any future suit provided always that where the
balance found be due such defendant exceeds the
of two hundred dollars then the said defendant shall
not be precuded from recovering his her account or





ord having cognizance of the same,


4. And be it enacted That section thrty-two of the
act to which this IS supplement and which reads fol-
lows:


"32. And be it enacted, That the judge to whom
plea classification is rendered aforesaid shall before
he receives such plea require and obtain from the de-
endant bond, with good surety, being reeholder
in the said county in the penalty OF hundred dollars
executed the plaintiff and conditioned that if the said
plaintiff shall commence such action in the supreme court
in the circuit of the county wherein the said Judge
holds his court within three months thereafter the said
LATER ~
the writ TO be thereupon issued against him, shall be
turned served and shall pay such may be
ed against him in the said action; and if such plea is
rendered and the defendant shall forthwith
such bond the plaintiff the said Judge shall proceed
the manner if such plea had been rendered.
be and the same is hereby amended read fol-
lows:


90. And be it enacted, That the judge to whom plea
of justification rendered as aforesaid shall before he
receives such plea require and obtain from the defendant
bond, with good surety being freehoder in the
said county, in the penalty Of hundred doaas,
cuted to the plaintiff and conditioned that the said
plaintiff shall commence such action in the supreme
in the circuit of the county where the said Judge
holds his court, within three months thereafter the said
defendant will appear thereto, within twenty days after
the writ to be hereupon issued against shall be returned
served and shall pay such be awarded against
him IN the SAID action and IN such plea rendered
and the defendant shall forthwith into such
bond to the plaintiff the said judge shall proceed in the
same manner as if such plea had not been rendered


s. And be it enacted, That section fifty of the to
which this is supplement and which reads follows:


go And be it enacted That when the amount really
due and recoverable upon any bond BILL other
contract in writing does exceed exclusive of
the value of one hundred dollars the time when
suit instituted proof shall be made of the real
ly due and owing and the judge shall give judgment
therefor with and for the of the penalty
expressed whether such penalty exceed or be less than
hundred doars''


be and the is hereby amended as read fol-
lows


60 And be it enacted, That when the amount really
due and recoverable upon any bond BILL other
in writing, does exceed exclusive of
the sum or value of two hundred dollars at the time when
he ma of real
y due and owing, and the Judge shall give Judgment
therefor with and for the of the penalty
expressed whether such penalty exceed be less thar
hundred dollars.


6. And be it enacted That section hundred ant
fftynine of the which this is supplement,
which reads follows:


s'15o And be it enacted That if any creditor shal
make oath OF affirmation that he verify believes that hi
debtor absconds from his creditors, and is not to hi
knowledge or belief resident in this State at the time
the clerk of any district court in any city of this Sta
SHALL and he hereby required issue out of said dis
trict attachment under his hand and the seal
said court for any not exceeding hundred dol
lars directed to constable who shall execute the SAINT
in the follow ing manner, that is say: the officer
whom it is directed shall go the land lands of th
defendant to the person house of the person il
whose custody possession the defendant property
may be and then and there declare the
of credtabe person the least that he attaches h
rights and credits moneys and effects goods and chatte
of such defendant at the suit of the plaintiff in the sac
writ named and upon the of such attachment thu
said Judge of the district shall appoint day for th
hearing of the said cause less than twenty days from
the issuing of the said writ before which day
appointed the plaintiff in the said attachment shall file
copv of his account of demand and if the credi
tor Shall make sufficient proof of the debt due him
the said Judge shall give judgment therein for the plain
tiff and award his execution thereof to the constah
nzabe before the said judge but the effects OF the de
fendant thereon taken shall not be sold in less than the
months (uness the perishabe) to the end tina
the debtor or his friend may redeem the and in tn
meantime the same shall be nventoried and safely keI
in such the Judge shall direct,
be and the is hereby amended so as to read as TO
lows.


10. And be it enacted, That if any creditor sha
make oath or affirmation either that he verify believe
that his debtor absconds from his creditors and is
his knowledge or belief resident in this state the time
that the person against whose estate an attachment
about to be issued the knowledge belief of sal
creditor resident in this state at the time and that
owes to said creditor certain sum of money speciyn
as nearly as he can the of the debt balance
the clerk of any district court in any city OF this stat
shall and he is hereby required to issue out of said dis
trct court attachment under his hand and the seal
said court for not exceeding two hundred do
lars directed TO constable who shall execute the sam
in the following manner, that is to say: the officer
whom it is directed shall go to the house OF the defent
ant or to the person house Of the person in whose
tody or possession the defendants property and esa
NAV be- and then and there declare, in the presence
one credible person the least, that he attaches tn
rights and credits moneys and effects goods and catte
OF such defendant the suit Of the plaintiff in the sal
writ named and upon the of such attachment, tn
said Judgment the said judge of the district court shs
appoint day for the hearing of the said cause not les
than twenty days from the issuing OF the SAG Wit on
before which day so appointed the plaintiff in the sal
attachment shall file copy of his account or state oil a
mand: and if the creditor shall make sufficient proof
the debt due to him, the said judge shall give judgme
therein for the plaintiff and award his IS execution there
other cases cognizabe before said judge but the eec
Of the defendant thereon taken shall not be sold in le
than three months (ess the same are pershabIe TO u
end that the debtor his friend may redeem the sam
and in the meantime the shall be inventoried an
safely kept in such manner the judge shall direct


T. And be it enacted, That all acts and parts OF acts II
consistent with the provisions of this be and the
are hereby repealed, and that this shall take ee
Immediately.


Approved March 20, 1873.


CHAPTER XCV.


A, ar, concerning the district of cities in this
~ created by special statute


I. Be it enacted by the Senate and General Assemb
of the State of New jersey That the OF
etel Of this approved March ninth eighteen hu
PUT =. shall not be held to apply to citi