AN ACT to appoint Commissioners to make partition of the real estate of Jacob De Groot, late of Somerset county, deceased. WHEREAS, it has been represented to the legislature, by the petition of Samuel Swan and Aletta his wife, Sarah Boudinot and others, that Jacob De Groot by his last will and testament, devised the one half of his real esfate to his daughter Aletta, wife of Samuel Swan, and Preamble. the other half to his executors in trust for his said daughter Sarah Boudinot, during their natural lives; and or the death of either of his said daughters, devised the one half of said real estate in fee simple to such child or children as such daughter might leave,-and whereas, it has been farther represented, that no petition of said lands can be made between the said tenants for life, that will be permanent and binding upon the children of said tenants, some being minors; but upon the death of either of said tenants for life, her children and grand children may require and obtain a new and dif ferent division of said lands; in consequence whereof, the said tenants for life will be restrained from making improvements on said lands;-and whereas, it is considered equitable and just and for the best interests of all persons concerned in said lands, that the said partition should be permanent and conclusive upon the devisees of the fee simple-therefore, pursuant to the prayer of said petition, real estate. Sec. 1. Be it enacted by the Council and General Assembly of this Stats, and it is hereby enacted by the authority Commission. of the same, That John Ross, Caleb C. Brokaw, and Peres ers to make Bonney, be, and they hereby are, appointed commission- partition of ers, with full power and authority to make partition of said real estate of the said Jacob De Groot, deceased, into two equal shares or parts, having due regard to the situation, quantity, quality and advantages of each part or share, so that they may be equal in value, as nearly as may be:-and the said commissioners shall make a true field book, specifying the bounds of each part or share: and when the same shall be made and completed, shall proceed toassign by ballot, the said parts or shares to the said tenants for life, respectively. Partition Sec. 2. And be it enacted, That the said partition, so to be made by said commissioners, or any two of them, shall made by com be as binding and conclusive upon the said tenants for missioners, to life, and upon their children respectively, as if the same be binding had been so expressly declared by the said testator, in his last will and testament: provided, that nothing in this act contained, shall in any wise affect or alter the rights of the devisees, under said will further than that the said lands, by virtue of said partition, shall be held in severalty, and not in common, according to the respective estates under said will. Proviso. Sec. 3. Be it enacted, That the said commissioners, before they proceed to the execution of the powers invested in them by this act, shall be severally sworn or affirmed, Commission- before one of the Judges of the Inferior Court of Common Pleas of the county of Somerset, that they will honestly, faithfully and impartially make the partition intended by this act, to the best of their skill, knowledge and judg ers to make ment. Sec 4. And be it enacted, That the said commissioners Commission shall transmit a copy of this act, and their oath or affirreturn of pro- mation, properly certified by the officer administering the ceelings. same, and the field book, and their accounts, and all their proceedings, to the judges of the Court of Common Pleas of said county of Somerset, in which the lands lie: who, after inspecting the same, shall order the same, excepting the account of expenses, to be recorded in the clerk's office of the said county, which shall be good evidence of such partition. Passed, November 4, 1843. AN ACT to confirm certain acknowledgments and proofs of deeds, and other instruments taken by WHEREAS, it appears to the legislature that Lucas A. Van Preamble. Acknowledg kerck, con Sec. 1. BE IT ENACTED by the Council and General ments of Assembly of this State, and it is hereby enacted by the au- deeds, &c. thority of the same, That the several acknowledgments taken by L.. and proofs of deeds and other instruments, taken and A. Van Bos-eertified by Lucas A. Van Boskerck, as commissioner, firmed. aforesaid, between the tenth day of February and the twenty-fourth day of October, in the year of our Lord one thousand eight hundred and forty-three, be, and the same are hereby confirmed and declared valid and effectual, in like manner as if the said Lucas A. Van Boskerck had been duly qualified as required by law; provided, never- Proviso. theless, that nothing in this act contained shall be con strued so as to affect the rights of any judgment cred itor, or bona fide purchaser or mortgage creditor, for a valuable consideration, before the passage of this act. Sec. 2. And be it enacted, That this aet shall take ef fect immediately. Passed Nov. 4, 1843. Randolph, divorced. AN ACT to divorce Mary Ann F. Randolph, from her husband, Stelle F. Randolph. Mary Ann F. Sec. 1. BE IT ENACTED by the Council and General Randolph and Stelle F. Assemby of this State, and it is hereby enacted by the au thority of the same, That Mary Ann F. Randolph be, and she is hereby divorced from her husband, Stelle F. Randolph, and that the marriage contract heretofore existing between them, be, and the same is hereby fully and absolutely dissolved-provided nevertheless, that the issue of said marriage shall not be deemed illegitimate, in consequence of this act. Sec. 2. And be enacted, That Ann Forman Randolph, Mother to be and Thomas F. Randolph, infant children of the said Stelguardian of le F. Randolph and Mary Ann F. Randolph, being the bildren dur- only issue of the said marriage, be, and they are hereby ing infancy. Father released from obligation to support chil. trea. committed during their infancy, to the care of their said mother, who shall be the guardian of said infants, persons and estate, during their minority-and that the said Stelle F. Randolph shall not have, or exercise any power or control over his said children during their minority, for or by reason of paternity. Sec. 3. And be it enacted, That the said Stelle F. Randolph, be, and he is hereby released from the civil obii gation to support and maintain his said children, which would have rested upon him in case this act had not been passed. Passed November 6, 1843. A further supplement to the act, entitled "An act concerning Sheriffs," passed the 18th of March, seventeen hundred and ninety-six. cases of death Sec. 1. BE IT ENACTED by the Council and General As Provisions of sembly of this State, and it is hereby enacted by the au- supplment thority of the same, That the supplement passed on the extended to twenty-second day of February, eighteen hundred and repeasibility forty-three, to the act entitled "An act concerning Sher- of Sheriff. iffs," shall extend to all cases where the Sheriff either before or after the expiration of his term of office, shall die, or remove out of the jurisdiction of this State, or otherwise become disabled by law to execute the duties of his office. Sec. 2. And be it enacted, That this act shall effect immediately after its passage. Passed November 6, 1843. Act when to go into take effect.. AN ACT for the support of the government of this State. vided for. Sec. 1. Be it enacted by the Council and General As- Payment of sembly of this State, and it is hereby enacted by the author. officers por ity of the same, That there shall be paid to the officers appointed for the administration of the government of this State, the several sums following, viz: To the governor of this state for the time being, at the rate of two thousand dollars by the year. To the chief justice of the supreme court of this state for the time being, at the rate of fifteen hundred dollars by the year. To each of the associate justices of the supreme court. |