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Clerk may ad

minister oaths.

Where finall judgments

eted.

admission of evidence objected to, and the rejection of evidence offered, the verdict and judgment and when given, the execution or executions, when issued, the endorsement thereon and how returned by the officer serving the same, the appeal, when and by whom demanded, and all the proceedings before the court touching said suit, together with a record of all the proceedings of said court; and said book or books shall be kept in the possession of the clerk as a part of the public records of the said court; and the said clerk may and shall, when required so to do, make out transcripts from the said book or docket, under his hand and seal, and certify them as said clerk, which said transcripts so certified, shall be used as evidence in all courts of law and equity in this state, and have the same force and effect, and be liable to the like objections as if made and certified by a justice of the peace; and no book or docket of the proceedings in said court shall be required to be kept by the judge thereof.

15. And be it enacted, That all oaths or affirmations required to be made in actions or proceedings pending in said court, may be administered by the clerk of said court.

16. And be it enacted, That the final judgments of said may be dock- court may be docketed in the court of common pleas in the county of Essex or in the supreme court of the state of New Jersey, in the same manner, and upon the same terms as final judgments rendered in the court for the trial of small causes may be docketed therein, and in such case the certificate of the clerk to the transcript and copy of the state of demand and other documents and proceedings shall be sufficient.

Fees that shall be allowed.

Proviso.

17. And be it enacted, That in all actions which may be brought in said court, the same fees shall be allowed and paid by the parties thereto, to the judge of said court, and the other officers and attendants thereof as are prescribed to be paid to justices, jurors, constables and others, for like services, by the act entitled "An Act constituting courts for the trial of small causes," and the several supplements thereto; and that, in addition to the fees provided by said act, the said judge shall be entitled to have and receive the additional sum of one dollar for each action which shall be actually tried in said court, to be taxed, paid and recovered in the same manner as the other fees herein allowed; provided, that the fees and costs in all actions which may be brought in said court to which the judge of said court, or any of the officers

thereof, or any policeman of said city, when acting in a ministerial capacity in said court, would be entitled in accordance with the provisions of said act, shall be received by the said judge, and, with the exception of the sum of one dollar aforesaid, be by him paid into the treasury of the said city of Newark, for the benefit of said city.

to the judge in

18. And be it enacted, That the judge of said court, in lieu Annual salary of the fees so as aforesaid paid over by him to the city trea- lieu of fees. sury, by way of compensation for his services shall receive the annual salary of sixteen hundred dollars, to be paid to him by the mayor and common council of the city of Newark, out of the treasury of the said city, in quarterly payments to be computed from the day of the appointment of said judge; and the said judge shall make a monthly report to the common council of the city of Newark, of the amount of fees so as aforesaid received by him, in behalf of the city and at the time of making his report, pay the same into the treasury of the said city, and shall give bond to the mayor and common council of the city of Newark in the penalty of two thousand dollars, with two or more sufficient sureties, to be approved by said common council, with condition that he shall and will, well, truly and faithfully do, observe and perform all things, in and by this law required of him.

19. And be it enacted, That the clerk of said court shall. Compensation receive as compensation for his services, the annual salary of of clerk. twelve hundred dollars, to be paid to him by the mayor and common council of the city of Newark, out of the treasury of the said city, in quarterly payments, to be computed from the day of the appointment of said clerk.

Common

council shall provide suitable rooms for

20. And be it enacted, That the mayor and common council of the city of Newark shall provide suitable rooms for the transaction of the business of said court, either in the city the court. hall or elsewhere in the said city of Newark, and shall also procure suitable furniture therefor, and shall provide proper books and other stationery necessary for the use of the said court, and the mayor or chief police officer of the city shall detail for duty in said court room a suitable number of policemen to preserve order therein, which policemen while so engaged shall be subject to the orders of the judge of said court. 21. And be it enacted, That in the event of the sickness or Vacancies, necessary absence from said court of the (presiding) judge thereof, the same may be held by any one of the judges of the court of common pleas of the county of Essex, to be

how filled.

Public act.

designated by the judge of the said "The Mercantile Court," in writing, under his hand and the seal of said court, who during such time as he shall hold said court, shall possess like powers and perform similar duties as herein before prescribed for the judge of said court; in case a vacancy or vacancies shall happen by death or otherwise, in the offices of judge or clerk of said court, then the governor of the state, or in case of his death, or absence or disqualification, the person administering the governmen: for the time being, may make a temporary appointment or appointments until the legislature shall fi'l such vacancy or vacancies.

22. And be it enacted, That this act shall be deemed a public act, and shall take effect on the second Tuesday of April, in the year eighteen hundred and sixty-eight. Passed April 9, 1868.

Original act and supple

ments repealed.

Judges of elec

tion.

CHAPTER CCCCXV.

An Act to repeal "An Act to ascertain, by proper proof, the citizens who shall be entitled to the rights of suffrage," approved April fourth, eighteen hundred and sixty-six.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That "An Act to ascertain, by proper proof, the citizens who shall be entitled to the rights of suffrage," approved April fourth, eighteen hundred and sixtysix, and a supplement thereto approved March fifth, eighteen hundred and sixty-seven, and another supplement thereto approved April eleventh, eighteen hundred and sixty-seven, be and the same are hereby repealed.

2. And be it enacted, That until the judges of election are duly elected under the acts derived and declared in force by section three of this act, the inspectors of registry and election in office at the passage of this act shall act as judges of election, and possess all the powers and be subject to all the duties and liabilities of judges of election specified in the acts revised by section three of this act, except where otherwise specified in any act providing for elections in any city of this

state.

revived.

3. And be it enacted, That all acts regulating elections in Former acts this state, and the qualifications of voters in this state, in force before the passage of the first act in the preceding section mentioned, be and the same are hereby revived and declared to be in full force and effect the same as if the act and the several supplements thereto hereby repealed had not been passed.

4. And be it enacted, That this act shall take effect immediately.

Passed April 9, 1868.

CHAPTER CCCCXVI.

An Act to repeal "A Further Supplement to the act to regulate Elections," approved March ninth, eighteen hundred and sixty-six.

1. BE IT ENACTED by the Senate and General Assembly of Supplemental the State of New Jersey, That "A Further Supplement to the act repealed. act to regulate elections," approved March ninth, eighteen hundred and sixty-six, be and the same is hereby repealed.

2. And be it enacted, That the laws regulating the times of Laws to stand holding elections in this state, in force before the approval of revived. the act in the first section mentioned, be and the same are hereby revived, and declared to be in full force and effect the same as if the act hereby repealed had not been passed.

3. And be it enacted, That this act shall take effect immediately.

Passed April 9, 1868.

Preamble.

Confirmation of settlement.

CHAPTER CCCCXVII.

An Act to confirm the settlement of the estate of John R.
Thomson, deceased.

WHEREAS, by the last will and testament of John R. Thomson, late of Princeton in this state, deceased, the testator after giving certain other legacies and directions did direct substantially as follows, to wit: that from the residue of his estate there should be paid a certain annual sum to his wife, and then gave her discretionary power, by her last will and testament, to appoint the portion of his estate so appropriated to raise by its income said annual sum, to and amongst the children of his sisters, Caroline Norris and Amelia Read and their children, or to and among his three sisters, Caroline, Adeline and Amelia, and their children and grandchildren, and his brother Edward, as his said wife might choose, and if the income of the estate after paying the other bequests, should exceed the annual sum given to his wife, the testator gave her discretionary power by her will to give and devise the same among such benevolent, religious or charitable institutions as she might think proper; and in default of such limitations and appointments, and so far as the same should not extend, gave the residue to his said three sisters and brother, they being the residuary legatees; and whereas, a settlement of said estate between the said widow and the said residuary legatees has been agreed upon and made, whereby, amongst other things, the said widow hath agreed to release and surrender, and hath released and surrendered the said powers of disposition by will, so far as the same may affect any part of said estate not given to her for her own use in and by said settlement; and whereas, it is desirable that said settlement should be confirmed and established as a family settlement of said estate; therefore,

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the said settlement be and the same is hereby confirmed and established, and that the said powers of appointment and disposition in and by said will given to said widow, except as to that portion of sail estate which hath been assigned to her in said settlement, be, and

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