Fees. next Court of Common Pleas, to be holden in the county, and petition the said court for the benefit of said act, and will, in all things, proceed on said petition and application as is required and directed in case of persons actually in gaol at the time of application, and as is required by the said acts; and that he or they will appear in person at every subsequent court, or time and place to which his or their application may be adjourned, until he or they shall be duly discharged under the said acts; and if refused a discharge, surrender himself or themselves, immediately thereafter, to the sheriff or keeper of the gaol of said county, there to remain until discharged by due course of law: and in case of a forfeiture of said bond, by breach of any condition therein, the said plaintiff or plaintiffs, his or their executors or administrators, may bring an action thereon, and recover the debt, damage,, and costs due from said debtor or debtors, and for which the arrest was made as aforesaid. 2. And be it enacted, That any person or persons arrested as aforesaid, and having given such bond, shall be entitled to make application for his or their discharge, under the act aforesaid, at the next court, as fully as if, at the time of such application, he or they was or were actually confined in the gaol of said county. 3. And be it enacted, That where the sheriff, constable, or other officer has, upon any mesne process, discharged the defendant or defendants, on giving bond as aforesaid, he shall so return on the process to the court or justice issuing the same; and the plaintiff or plaintiffs may thereupon proceed to judgment and execution, as in other cases where the defendant is returned in custody: and where the sheriff or constable, or other officer, hath discharged any defendant or defendants on process of execution against the body or bodies as aforesaid, he shall so return to the court or justice out of which the same issued, which return, in either case, shall exonerate him from any liability for escape. 4. And be it enacted, That the sheriff, constable, or other officer taking such bond as aforesaid shall be entitled to receive for such service, of the defendant or defendants executing the same, the sum of fifty cents, which bond such officer shall deliver, or cause to be delivered, over to the plaintiff or plaintiffs, his or their executors or administrators, to be sued on in case of any breach of the condition thereof. 5. And be it enacted, That any conveyance, deed, mortgage, judgment, sale, transfer, assignment, or other disposition made, given, or executed by the said debtor, of, for, or upon any of his estate, real or personal, to any person, after the said arrest, shall, as against his creditors, or any assignee or assignees, to be appointed by the said court, under the fifth section of the act to which this is a supplement, be void and of no effect; and such assignee or assignees may recover the said estate, real or personal, or the value thereof, in their own name or names, for the use of said creditors, in any proper action to be instituted: therefor against any person who may have purchased or in any manner come to the possession thereof, after the giving of the said bond, with costs of suit. C. Passed December 11, 1823. A SUPPLEMENT to an act, entitled "An act against Usury," passed the eighth day of February, one thousand seven hundred and ninety-seven. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That from and after the fourth day of July next ensuing, no person shall, upon any contract, take, directly or indirectly, for loan of any money, wares, merchandise, goods or chattels, above the value of six dollars for the forbearance of one hundred dollars for a year, and after that rate for a greater or less sum, or for a longer or shorter time. 2. And be it enacted, That the several sections and provisions in the said act to which this is a supplement, concerning the rate of interest therein mentioned and allowed, shall be deemed and taken to be in force, and apply after the fourth day of July, as aforesaid, to the rate of interest herein mentioned and allowed, and as if six per centum and not seven per centum per annum was mentioned as the rate of interest in the said several sections and provisions: Provided always, that nothing in this act contained shall be construed to impair the obligation of any contract made before the fourth day of July, as aforesaid, for the loan of any money, wares, merchandise, goods, or chattels, or the interest taken, reserved, due, or growing due thereon; but as well any such contract of loan as any other contract made before the said fourth day of July, and the interest reserved or to be allowed or taken thereupon, shall be and remain and continue as if this act had not been passed. C. Passed December 5, 1823. A SUPPLEMENT to an act, entitled "An act to establish a new township in the county of Salem, to be called the township of Centreville." 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That the west line of the township of Centreville shall be gin near the houses of Jacob Nieukirk and Jonathan Jaggers, at the corner of the line of Salem and Cumberland, and shall run from thence, continuing the course of said line between the counties of Salem and Cumberland, to the line of the county of Gloucester. 2. And be it enacted, That the township committees of the townships of Pittsgrove and Centreville shall meet on the first Monday in January next, at the inn of Isaac Johnson, at ten o'clock in the forenoon, and shall then and there in writing, under the signatures of a majority of those present, allot and divide between the townships of Pittsgrove and Centreville the taxes now due to the said township of Pittsgrove, from the inhabitants residing within the limits of the said township of Pittsgrove, and by this act annexed to the township of Centreville; and the proportion of taxes so assigned by such allotment to the said town: ship of Centreville, in writing as aforesaid, shall become due and payable to the said township of Centreville, and shall be collected by the collector of said township, agreeably to law. 3. And be it enacted, That so much of the act to which this is a supplement as comes within the purview hereof, be, and the same is hereby repealed. C. Passed November 19, 1823. AN ACT to regulate the fisheries in Mulica's River. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That, from and after the passing of this act, it shall not be lawful for any person to erect, fasten, or fix any fish-weir, hoopnets, seine, or other device for the purpose of catching fish, across any part of Mulica's River, so as to prevent a free passage of fish between the mouth of said river and a station known by the name of Mapp's creek: and if any person shall offend against this act, he or she shall forfeit and pay, for every such offence, ten dollars, to be sued for and recovered in the name of any person who shall make complaint thereof, and, when recovered, to be applied, the one half to the overseers of the poor of the township where the said offence shall be committed, for the use of the poor of the said township and the other half to the person who shall sue for the same. C. Passed December 2, 1823. A SUPPLEMENT to an act, entitled "An act concerning Idiots and Lunatics," passed the twenty-eighth of February, one thousand eight hundred and twenty. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the same, That, from and after the passing of this act, if any lunatic person, who is furiously mad, or dangerous to be permitted to go at large, shall be found within any county of this state, whose last legal place of settlement is not known, or cannot at the time be ascertained, it shall and may be lawful for any two justices of the peace in and for said county, by warrant under their hands and seals, directed to some one or more of the constables or overseers of the poor of the city or township within such county, to cause such person to be apprehended and conveyed to any How lunatics place provided in said county for the reception of maniacs or lu- may be disnatic persons, and in case no such place be provided in such posed of. county, to be conveyed to the gaol of said county for safe keeping: and it shall be the duty of the sheriff of such county, and he is hereby required to receive into his custody such lunatic or mad person, and safely to keep him or her until the last legal place of his or her settlement shall be ascertained, and in case no such settlement can be discovered, then until some order on the subject shall be taken by the Court of Common Pleas, whose duty it shall be to decide thereon. 2. And be it enacted, That all reasonable charges and expenses, accruing in the removal, maintaining, and keeping any lunatic or mad person, agreeably to the provisions contained in the foregoing section, shall be paid and satisfied by the county wherein such person shall have been apprehended: Provided, Proviso. that if the last legal place of settlement of such lunatic or mad person shall be discovered and ascertained, then and in that case the charges and expenses aforesaid shall be reimbursed to the county where such expenses may have occurred, by the city or township where such settlement may be. 3. And be it enacted, That so much of the ninth section of the act to which this is a supplement as comes within the purview of this act, be, and the same is hereby repealed. C. Passed December 2, 1823. Preamble. AN ACT directing the manner of appointing Prosecutors of the WHEREAS the present mode of appointing prosecutors of the pleas for the state of New-Jersey is liable to abuses, and tends to the great injury of the state, by the choice, in many instances, of incompetent persons, and is also contrary to the rights of the people, by taking away from them, or their representatives in Assembly, the election of public officers, and vesting the same in justices of the peace-THEREfore, to remedy these and other injurious consequences, 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the Prosecutors of same, That hereafter there shall be appointed, by the Council the pleas, how and Assembly of this state, in joint-meeting, some one fit person appointed, &c. for each county, (and who shall be an attorney and counsellor at law) whose duty it shall be to prosecute the pleas of the state in such county, in the absence of the attorney-general, and further to do and perform such acts and things in behalf of the state, in and about such prosecutions as the said attorney-general might, or ought to do, if he were personally present; which said prosecutor shall be appointed for five years, and be commissioned by the governor, or, in his absence, by the vice-president; provided that the said prosecutor shall be liable to be dismissed, when adjudged guilty of misbehaviour, on an impeachment of the Assembly. 2. And be it enacted, That every prosecutor of the pleas as aforesaid, before entering upon the duties of his office, shall take Oath of office. and subscribe, before the clerk of the county of which he has been appointed, or before one of the judges of the Court of Common Pleas for such county, the following oath or affirmation, viz. I, do solemnly promise and swear, (or affirm, as the case may be) that I will faithfully, justly, and impartially execute the duties of prosecutor of the pleas of the state, in and for the county of to the best of my abilities and understanding. So help me God. Fees, &c. 3. And be it enacted, That the said prosecutors shall, severally, during the continuance of their appointments, be vested with the same powers, subject to the same penalties, and enti tled to the same fees for services, in the absence of the attorneygeneral, within their respective counties, as the attorney-general is or shall, by law, be vested with, or subject or entitled to. 4. And be it enacted, That in case of the absence of the attorney-general and of the prosecutor as aforesaid, at any term of the Court of Common Pleas and General Quarter-Sessions |