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beans, sixty pounds; of peas, sixty pounds; of onions, fiftyseven pounds; of dried peaches, thirty-three pounds; of dried apples twenty-five pounds; rated by the standard pound avoirdupois weight.

take effect.

18. And be it enacted, That this act shall take effect im- Act when to mediately, except so far as section nine and fifteen and sixteen, and in respect to them, shall take effect as soon as the county or city inspector of weights and measures shall have been furnished with standard weights and measures, and qualified and instructed as provided in this act.

19. And be it enacted, That the act and provisions of the Repeater. same in regard to weights and measures, approved April seventeenth, one thousand eight hundred and forty-six, together with all subsequent acts or supplements relating thereto, shall be, and the same are hereby repealed. Passed March 25, 1872.

CHAPTER CCCXXXVII.

A Further Supplement to an act entitled "An Act for the punishment of Crimes."

maliciously or

ful Justifica

or procuring

riage of any

nant with

1. BE IT ENACTED by the Senate and General Assembly of Penalty for the State of New Jersey, That if any person or persons ma- without lawliciously, or without lawful justification, with intent to cause tion causing and procure the miscarriage of a woman then pregnant with the miscar ehild, shall administer to her, prescribe for her, or advise or woman preg direct her to take or swallow any poison, drug, medicine, or child. noxious thing, and if any person or persons maliciously, and without lawful justification, shall use any instrument or means whatever with the like intent, shall, on conviction thereof, be adjudged guilty of a high misdemeanor; and if the woman or child die in consequence thereof, shall be punished by fine not exceeding one thousand dollars, and imprisoment at hard labor for a term not less than ten years; and in case the woman or child do not die in consequence thereof, such offender on conviction thereof shall be adjudged guilty of a

witness

misdemeanor, and be punished by fine not exceeding five hundred dollars and imprisonment at hard labor for a term not less than two years.

Appearance of 2. And be it enacted, That any person offending against be compelled. either of the provisions of this act shall be competent witness against any other person so offending, and may be compelled to appear and give evidence before any magistrate, grand jury, or in any court, in the same manner as other persons; but the testimony so given shall not be used in prosecution or proceeding, civil and criminal, against the person so testifying.

Repealer.

3. And be it enacted, That section one hundred and three of the supplement of the act to which this is a further supplement, be and the same is hereby repealed.

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

Approved March 26, 1872.

Provisions ex

tended to election for electors for

CHAPTER CCCXXXVIII.

A Supplement to an act entitled "An Act relative to Bribery," approved March thirty-first, one thousand eight hundred and seventy one.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the provisions of the act to which this is a supplement, together with its fines and penalvice president ties be extended to elections for electors for president and vice-president of the United States.

president and

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

Approved March 26, 1872.

CHAPTER CCCXXXIX.

An Act to facilitate the opening of Public Roads.

WHEREAS, in many places, especially in the vicinity of our Preamble. towns and villages, public roads become necessary, and are opened by the owners of lands, without the same being regularly laid by the surveyors of the highways, and therefore cannot be put upon record:

of road accept

ship commit

put on record

highway.

1. BE IT ENACTED by the Senate and General Assembly of Map or survey the State of New Jersey. That whenever the owner or owners ed by town of any land shall open a road of lawful width, and dedicate tec may be the same to public use as a public highway, and shall deliver as a public a declaration of such dedication, together with a map or survey of the said road, to the township committee of the township in which the said lands may lie, upon the accepttance thereof by the township committee, endorsed thereon, the same may be put upon record as a public highway, and shall thenceforth be a public highway to all intents and pur

poses.

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

Approved March 26, 1872.

CHAPTER CCCXL.

A Further Supplement to the act entitled "An Act respecting the Orphans' Court, and the power and authority of Surrogates," approved April sixteenth, one thousand eight hundred and forty-six.

1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That in all cases where any executor

Proceedings when execu

tors, &c, have

exhibiting

estate in his

filing the

same.

or executors, administrator or administrators, cum testamento tor or execu- annexo, or otherwise, shall have filed any account or accounts, filed account exhibiting the balance of any estate in his, her or their hands, balance of any up to the date of filing the same, which said accounts shall or her hands have been duly allowed in all things as stated by the decree at the date of of the orphans' court of any county of this state; that it shall and may be lawful to and for the orphans' court having cognizance of said accounts, upon the application of any party in interest, to adjust, order and make just distribution in accordance with the directions and provisions of the last will and testament in each case of what shall remain clear after all debts and expenses shall have been allowed and deducted; and the said orphans' court shall have full power to enforce its decree as aforesaid, by attachment, sequestration or other process, and in any and every manner, and with like effect that similar decrees can now be enforced in or by the court of chancery of this state, and reserving and hereby giving to every one feeling aggrieved by any such decree of distribution as aforesaid, the right to appeal to the prerogative court concerning any such decree or the enforcement thereof; provided, that if any executor or executors, administrator or administrators, as aforesaid, shall appeal from any such decree of distribution or proceeding in the orphans' court, as aforesaid, for the enforcement of the same, said appeal shall be filed within twenty days next ensuing the date of said decree of distribution, and the appellant with two sufficient sureties, to be approved of by the said orphans' court, shall give a bond to the ordinary of this state, in double the sum adjudged due to the parties entitled to the same, and conditioned to pay such sum, costs, interest and damages accruing by reason of any such appeal, if the said order of distribution and enforcement be affirmed.

Proviso.

Proceedings where persons.

terest in pro

perty be queathed.

2. And be it enacted, That whenever personal property have a life in- 18 bequeathed to any person for life, or for a term of years, or for any other limited period, or upon a condition or any contingency, the executor or executors of any last will and testament, or any administrator or administrators cum testamento annexo, or otherwise, shall not be compelled to pay or deliver the property so bequeathed to the person or persons having any such life interest, or other interest, as aforesaid, until security shall be given in the orphans' court, having jurisdiction of any such executor's or administrator's accounts as aforesaid, and in such sum and form

as in the judgment of the said orphans' court shall suffi ciently secure the interest of the person or persons entitled in remainder, whenever the same shall accrue or vest in possession; but in no case or event, where the person or persons next immediately in remainder shall be the lineal descendant of any such life tenant, or person having any limited estate as aforesaid, and said executor or executors, administrator or administrators as aforesaid, shall not have filed any security, shall such life tenant or other person having said limited interest or estate as aforesaid, be required to give security, as hereinbefore provided for, in a greater sum than fifty thousand dollars.

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

Approved March 26, 1872.

CHAPTER CCCXLI.

Supplement to an act entitled "An Act respecting the Orphans' Court and the power and authority of surrogates," approved April sixteenth, eighteen hundred and forty-six.

phans' court.

1. BE IT ENACTED by the Senate and General Assembly of Trustees apthe State of New Jersey, That the provisions of the thirteenth pointer section of the act to which this is a supplement, be and the same are hereby extended to all cases of trustees heretofore or hereafter appointed by the said orphans' court, who after such appointment have died or may die, or who neglect or refuse to act.

Proceedings when trustee

relieved from

trust.

2. And be it enacted, That in case any trustee heretofore or hereafter appointed by the said court under said act, shall desires to be desire to be relieved from the further execution of such trust, execution of and shall signify such desire by notice in writing to the surrogate of such county, then it shall and may be lawful for the said court, if deemed proper and safe, to appoint some suitable person in the place and stead of the person so de

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