Proceeds of idiots and lu paid to foreign guardians. CHAPTER XCV. A Further Supplement to an act entitled "An Act concerning 1. BE IT ENACTED by the Senate and General Assembly o sale of lands of the State of New Jersey, That whenever the lands or rea natics to be estate of any idiot or lunatic shall be or hath heretofore been sold, pursuant to the provisions of the act entitled "A sup. plement to an act entitled An Act concerning idiots and lunatics," which supplement was approved the twenty-sixth day of February, eighteen hundred and fifty-two, or whenever any idiot or lunatic may be entitled to property of any description in this state, and such idiot or lunatic shall be a non-resident, and shall have a guardian in the state or place of his or her residence, and such non-resident guardian shall produce an exemplification from under the seal of the office (if there be a sea!) of the court in the state or place of his residence, containing all the entries on record in relation to his appointment and giving bond, and authenticated as required by the act of congress in such cases, the chancellor, or the ordinary or orphans' court of the proper county in this state, may cause suitable orders to be made, authorizing the delivering and passing over the proceeds of any such sale, or any property in this state to which such idiot or lunatic may be entitled, to such non-resident guardian, and discharging any resident guardian, executor, administrator or trustee, and requiring receipts to be passed and recorded, if deemed advisable; provided, that thirty days' notice shall be given to the resident guardian, executor, administrator or trustee, of the intended application for the order of removal, unless it shall appear to the court that such notice has been waived, and the court may reject the application and refuse such order, whenever it is satisfied that it is for the interest of such idiot or lunatie that such removal shall not take place. Proviso. 2. And be it enacted, That this act shall take effect immediately. Approved February 22, 1870. CHAPTER CIX. A Supplement to the act entitled "An Act respecting Surrogates," approved April fifteenth, eighteen hundred and fortysix. appoint depu ability. 1. BE IT ENACTED by the Senate and General Assembly of Ordinary to the State of New Jersey, That whenever the surrogate of ty surrogate any county heretofore or hereafter elected and qualified shall in case of inbe incapacitated by reason of mental derangement or illness. of any kind to perform the duties of his office, or whenever any surrogate heretofore or hereafter elected shall be unable to qualify by reason of such mental derangement or illness, the surrogate general may, on being satisfied of such incapacity or inability, appoint under the seal of his office a competent person as deputy surrogate, who shall, upon being qualified as mentioned in the next succeeding section, have full power to perform all the duties of the office of surrogate, including the taking of oaths and affirmations, and to be the clerk or register of the orphans' court in as full a manner as the surrogate could perform such duties, and act as clerk aforesaid, which appointment shall continue until the surrogate general shall be satisfied that the surrogate has recovered from such incapacity, or become able to qualify in his office, and shall have so qualified, or until the governor, by reason of vacancy, shall have appointed a surrogate, who shall have duly qualified, or until a surrogate is lawfully elected and qualified; and provided, that if the deputy sur- Proviso. rogate shall resign during such incapacity or inability, the surrogate general may reappoint in his stead. gate to take 2. And be it enacted, That before entering upon the duties Deputy surroof his appointment, the said deputy surrogate shall take an oath and give oath and give bond to the like effect as provided by law for bond. the surrogate, and upon becoming so qualified, shall for the performance of the duties of the office of surrogate and as clerk aforesaid, be entitled to the fees that the surrogate is entitled to receive as surrogate and as clerk of the orphans' court. Office of surrogate vacant qualify. 3. And be it enacted, That if any surrogate elected as for failure to aforesaid, shall by reason of the inability aforesaid, fail to qualify within thirty days from the end of the preceding term, that it shall then be the duty of the governor to consider the office as vacant, and to fill such vacancy according to the constitution, unless he shall be satisfied that such inability is only temporary and will likely be removed in such time as he may deem reasonable. 4. And be it enacted, That this act shall take effect immediately. Approved February 23, 1870. Deeds by a utrix valid. CHAPTER CXXXVI. A Further Supplement to the act entitled "An Act respecting the 1. BE IT ENACTED by the Senate and General Assembly of married exec- the State of New Jersey, That all deeds of real estate made by an executrix after marriage, and recorded before January first, eighteen hundred and sixty-nine, shall have the same force and effect and be as valid as if the same had been executed and delivered before the passage of the supplement to said act which was approved March seventeenth, eighteen hundred and fifty-five. 2. And be it enacted, That this act shall take effect immediately. Approved March 1, 1870. CHAPTER CXLIII. A Supplement to "An Act for the organization of the National Guard of the State of New Jersey," approved March ninth, eighteen hundred and sixty-nine. rank and 1. BE IT ENACTED by the Senate and General Assembly of the Change of State of New Jersey, That the fourth section of the act to which numbers of this is a supplement, shall be and the same is hereby amended companies. as follows: that is to say, by striking out the words "one inspector general with the rank of colonel of cavalry," and inserting in lieu thereof the words "one inspector general with the rank of brigadier general;" also in the last part of the same section by striking out the words "to each company there shall be one captain, one first lieutenant, one second lieutenant, five sergeants, five corporals, two musicians, and not less than forty nor more than eighty privates," and inserting in lieu thereof the words following: "to each company there shall be one captain, one first lieutenant, one second lieutenant and not more than eighty nor less than forty members, including the non-commissioned officers and musicians." notices. 2. And be it enacted, That it shall be the duty of the or- Orderly serderly or acting orderly sergeant of each company to serve all geant to serve court martial notices on delinquent members of their companies, in the same manner as notices for drills, parades and meetings are provided to be served in and by the forty-third section of the act to which this is a supplement. 3. And be it enacted, That at the close of the sixteenth Seal. section of the act to which this is a supplement, these words. shall be added, "and he shall procure an appropriate official seal and affix an impression of the same to all certificates of record issuing from his office." term of ser 4. And be it enacted, That in lieu of the term of seven Change of years as now provided by section seventy-one of the act to vice. which this is a supplement, the term of service in the National Guard shall be six years in two terms of enlistment of three years each, and that every person having enlisted for and served faithfully for a term of three years shall be entitled to Previous terms of ser and receive an honorable discharge under such conditions as now exist in relation to discharges from the National Guard, but shall not be entitled to any exemptions or privileges as now provided by law; and that every person who, having served one term of three years, shall re-enlist either immediately or at any future time, for a further term of three years, and shall faithfully serve the same, shall be entitled to and receive an honorable discharge, under conditions as hereinbefore provided, and shall be entitled to and receive all the privileges and exemptions provided by law. 5. And be it enacted, That any person who may have served vice allowed. any term in the militia service of the State of New Jersey, under any organization of the same, shall be entitled to have such term of service applied as having been served under the provisions of this act, provided such term shall have been for not less than three years of service previously to the organization of the present National Guard, and that all persons now serving in the National Guard shall be entitled to have such time as they may now have served under the provisions. of the act in relation to the National Guard applied under the provisions of this act as relates to the full term of service of six years. 6. And be it enacted, That this act shall be deemed and taken to be a public act, and shall take effect immediately. Approved March 1, 1870. Deed by ano. on death, &c., of master CHAPTER CXLIX. A Further Supplement to an act entitled "An Act making lands liable to be sold for the payment of debts." 1. BE IT ENACTED by the Senate and General Assembly of ther master the State of New Jersey, That if any master in chancery who hath made or shall make sale of any lands, tenements, hereditaments and real estate, by virtue of an execution. against the same, shall abscond or depart from the state or be disqualified by law, or shall die or in any way become in making sale. |