Duty of collectors. How process may be bro't. Additional pe- . ed on offend ers, by forfeit ure of boat, seine, &c. constable, collector, or any other person from enforcing or carrying into effect this act, or the act or acts to which this is a supplement, or any part thereof, he or they so offending shall forfeit and pay the sum of one hundred dollars, with costs of suit, for each and every such offence. 11. And be it enacted, That it shall be the duty of the collectors of the several townships adjoining the river Delaware, within this state, to prosecute for any fines and penalties incurred within the limits of their respective townships, under this act, or the act to which this is a supplement, which come to their knowledge by their own view or the information of one or more credible witnesses. 12. And be it enacted, That in all and every action or suit for any fine or penalty given or created by this act, or the act to which this is a supplement, the person prosecuting shall or may sue by warrant or summons, in case the same is commenced in the court for the trial of small causes, and by capias ad respondendum or summons, in case the action is commenced in any other court, any law, usage, or custom to the contrary notwithstanding. 13. And be it enacted, That if any person or persons shall be nalties inflict- found making use of any boat, seine, net, or other tackling in the river Delaware, within the jurisdiction of this state, contrary to the true intent and meaning of this act, or the act or acts to which this is a supplement, he or they so offending shall, in addition to the fine and penalties aforesaid, forfeit the boat or boats, seine or seines, net or nets, or other tackling so made use of, and that it shall be the duty of all the sheriffs and constables, and may be lawful for any person or persons, to seize and secure any such boat, seine, net, or other tackling, as aforesaid, and immediately thereafter give information to two justices of the peace of the county where such seizure shall have been made, who are hereby required and empowered to meet at such time and place as they shall appoint for the trial thereof, and hear and determine the same in a summary manner, and, in case the same shall be condemned, it shall be sold by the order, and under the direction, of the said justices, who, after deducting all legal costs and charges, shall pay one half of the proceeds of said sale to the collector of the county in which such offence shall have been committed, and the other half to the person who shall have seized and prosecuted the same. Penalty for resisting, &c. 14. And be it enacted, That if any person or persons on board any such boat, or in possession of such seine, net or tackling, shall resist any officer or another person or persons in the lawful seizure of the same, then every person so offending shall forfeit and pay the sum of one hundred dollars, together with the costs of suit, for each offence. 15. And be it enacted, That all and each of the penalties cre- Penalties, how ated, given, or contained in this act, or the act to which this is a recovered and supplement, or the other supplementary acts thereto, except disposed of. such as are given to the party aggrieved, shall be sued for and recovered by action of debt, with costs of suit, in any court of competent jurisdiction, by any person or persons who will sue for the same, one half to the prosecutor or prosecutors, and the other half to the collector of the county, for the use of the county in which such offence shall be committed. 16. And be it enacted, That the first, second, and fourth sec- Sections of tions of the act to which this is a supplement, passed the twenty- former acts resixth day of November, one thousand eight hundred and eight, pealed. and the act supplementary thereto, passed the twentieth day of November, one thousand eight hundred and nine, and a supplement to the said act, passed the twentieth day of January, one thousand eight hundred and fourteen, and the further supplement to the said act, passed the ninth day of February, one thousand eight hundred and nineteen, and all and every part of the said acts, as come within the purview of this act and is contrary hereto, be, and the same is hereby repealed: Provided, That the said repeal shall in no wise affect any rights acquired under the act or acts so repealed, nor invalidate or make void any proceedings legally had or done, or commenced under the same, but the same shall be prosecuted to judgment and execution, as though the said act or acts were not repealed: And provided also, That no section, proviso, or part of this act shall be considered as valid or operative until the legislature of Pennsylvania shall approve of the same by enacting a similar section, proviso or act, in whole or in part, and that from and after the passing of such law, such parts hereof as shall be so enacted and approved, shall immediately go into full force and effect. 17. And be it enacted, That the governor of this state is hereby requested to transmit an attested copy of this act to the governor of the state of Pennsylvania, requesting him to submit it to the legislature of that state. C. Passed November 28, 1822. A further supplement to an act entitled, "An act for dividing and ascertaining the boundaries of all the counties in this province," passed the twenty-first day of January, one thousand seven hundred and nine. Proviso. 1. BE IT ENACTED by the Council and General Assembly of this State, and it is hereby enacted by the authority of the Boundaries of same, That the easterly bounds of the county of Essex are de Essex. Boundaries of Boundaries of Boundaries of Boundaries of Boundaries of clared to be the middle or midway of the waters of the Sound, adjoining the same, as far as the limits of the said county extend. 2. And be it enacted, That the easterly bounds of the county of Middlesex, are declared to be the middle or midway of the waters of the Sound adjoining the same, to the middle of the channel, at the junction of the waters of the Sound, with the waters of the Rariton river, to the eastward of the flat or shoal which extends from Amboy or Cole's Point, and thence to the mouth of Whale creek, the beginning of the bounds of the counties of Middlesex and Monmouth. 3. And be it enacted, That the northerly bounds of the county of Monmouth, are declared to be the middle or midway of the waters of Rariton Bay, from the line of Middlesex to the main channel, which passes by Sandy-Hook, and along the said channel to the sea. 4. And be it enacted, That the northern bounds of the county of Salem, shall be taken and deemed to be as follows: to extend from the middle of the channel at the mouth of Oldman's Creek to the main ship channel of the River Delaware, striking the' same at a right angle, and the southern bounds extending from said ship channel along the Cumberland line, to the middle of the channel at the mouth of Stow creek. 5. And be it enacted, That the northerly bounds of the county of Cumberland, shall be taken and deemed to extend from the middle of the channel at the mouth of Stow-creek, to the main ship channel in the river Delaware, striking the same at a right angle, and the southern bounds shall be taken and deemed to extend, from opposite the middle of the mouth of West's creek, to the main ship channel in Delaware Bay, making a right angle therewith. 6. And be it enacted, That the line of partition between the counties of Cumberland and Cape-May, shall be taken and deemed to be as follows, to wit: to begin at the place where the waters of Mill or Hickman's creek fall into the channel of Tuckahoe river, at the boundary line of Gloucester county, and running thence directly into the mouth of said creek, continuing the same course by a line of marked trees, (which by the present position of the compass is south, fifty-seven degrees, and about thirty minutes west) until it strikes Hughes' on the lower millpond, on West or Jecak's creek, thence down the middle of the ancient watercourses thereof, until it falls into Delaware Bay, and thence continue a due south-west course until it strikes the line of said counties, at the ship channel of the said bay. C. Passed November 28, 1822. AN ACT to cede to the United States, the jurisdiction over a piece of land in the county of Cape-May, for a Light-House. 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 for the purpose of erecting a light-house, jurisdiction is hereby ceded to the United States, in and over the following tract or piece of land in the county of Cape-May, to wit: beginning at a stone, for a corner, standing on the north-east side of a large ridge of sand hills, and on a course from the LightHouse, at Cape-Henlopen, north about thirty-four degrees east, distance about twenty miles by calculation, and on a course from Thomas H. Hughes' large house on Cape-Island, due west, distance about two and a half miles, and running from said beginning corner north fifty-four degrees east ten perches to another stone for a corner standing about four feet from a leaning red cedar tree, marked with four blazes and twelve notches, and on the north side thereof, then running north thirty-six degrees west sixteen perches to another stone corner, then running south fifty-four degrees west ten perches to another stone corner, standing by the side of a black-oak sapling, marked with four blazes and twelve notches, then running south thirty-six degrees east sixteen perches to the beginning, within which bounds is contained one acre of land, be the same more or less. 2. And be it enacted, That this state shall, and hereby doth, retain concurrent jurisdiction with the United States, over the said tract or piece of land, so far that process, civil and criminal, issuing under the authority of said state, may be executed in any part of the said tract or piece of land, or in any building thereon to be erected. C. Passed October 29, 1822. A certain tract of land ceded to the United States, &c. New-Jersey to hold concurrent jurisdiction over the same. A further supplement to the act entitled, "An act for the relief of creditors against absconding and absent debtors," passed the eighth day of March, one thousand seven hundred and ninety-eight. 1. BE IT ENACTED by the Council and General Assemly of this State, and it is hereby enacted by the authority of the ame, That the jurisdiction of justices of the peace, in cases of Jurisdiction of justices of the attachment under the act to which this is a supplement, be, and peace extendthe same is hereby extended to any sum not exceeding fifty ed. dollars, subject, in every other respect, to all the provisions, limitations, and liabilities of said act, in relation to attachments for any sum not exceeding twenty dollars, any thing in the said act contained to the contrary notwithstanding. A. & C. Passed November 28, 1822. What prison ers may be discharged. Proviso. Prisoners in A further supplement to an act entitled "An act making provi sion for carrying into effect the act for the punishment of crimes," passed the fifteenth of February, one thousand seven hundred and ninety-eight. 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 it shall be the duty of the inspectors of the stateprison of this state, to discharge from confinement every offender now imprisoned, or who may be hereafter imprisoned in said prison, by the sentence of any court, as soon as the term of his or her imprisonment shall expire, upon the payment of the costs of prosecution and fine, (if any fine shall have been imposed by the court) provided, that they shall not discharge any person imprisoned as aforesaid, who labours under any acute or dangerous distemper, unless at his or her request, until he or she can be safely discharged; and further, that no person being so discharged, shall be liable for any charge which may have been made for his or her support or clothing, during his or her confinement in prison. 2. And be it enacted, That the prisoners in the yard be classthe yard to be ed by the inspectors of the prison, and the greatest offenders be confined at night in the solitary cells, separately, so far as the vacant cells will permit. classed. Certain sec 3. And be it enacted, That the seventh and twentieth sections tions of former of the act to which this is a supplement, and so much of the seacts repealed. cond and eighth sections of the act entitled, "A supplement to an act entitled an act making provision for carrying into effect the act for the punishment of crimes," passed February the fifteenth one thousand seven hundred and ninety-eight, as comes within the purview of this act, be, and the same are hereby repealed. A. Passed November 28, 1822. |