AN ACT to erect and set off a new township from the townships of Hanover and Morris, in the coun ty of Morris.

Passed February 12, 1806.

Bounds.

Sec. 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 all the district of the above townships of Hanover and Morris, included within the following limits, viz. beginning at a pin oak tree, standing on the bank of Passaic river, on lands of Robert Moore's, near the corner of Moses Styles, about half a mile above Col. Cook's bridge, and running thence, south eighty-nine degrees west, to a cherry tree in the northwest corner of the garden, late the property of Dr Bern Budd, deceased; thence in a direct line to the cross roads by Daniel Crane's on Loantica hill; from thence south, eighteen degrees west, forty-seven chains and fifty links to a stake and heap of stones on the brow of the hill back of Zophar Freeman's house, from thence south, five degrees and thirty minutes east, to the line of Aaron Ball, esquire, on Long hill, thence on the same course to the Passaic river, to the corner of land of the widow Dunham, and land of Nathaniel Little, late the property of Jacob Brittin, deceased, a small distance above Bedell's bridge, thence down the river to the place of beginning, be, and the same is hereby set off from the above townships of Hanover and Morris, and erect. Name: ed into a separate township to be known by the name of the township of Chatham.

2. And be it enacted, That the inhabitants of the said township of Chatham, shall be and they are hereby vested with and entitled unto

&c.

all the powers, privileges and authorities, and Powers, shall be, and are hereby made subject to the like regulations and government, which the inhabitants of either of the aforesaid townships of Hanover and Morris are subject and entitled to; and that the inhabitants of the township of Chatham shall be and they hereby are incorporated styled and known by the name of "the inhabitants of the township of Chatham in the county of Morris," and entitled to all the privileges, authorities and advantages, that the other townships in the said county are entitled unto by virtue of an act entitled "An act incorporating the inhabitants of townships, designating their powers and regulating their [Rev.276] meetings," passed the twenty-first day of February, in the year of our Lord one thousand seven hundred and ninety-eight.

[Residue of the act provides for town-meetings, die vision of property and of the poor.]

Bounds.

AN ACT to incorporate parts of the townships of Bridgewater and Bernard, in the county of Somerset, into a separate township, to be called the township of Warren.

Passed March 5, 1806.

Sec. 1. BE IT ENACTED by the coun cil and general assembly of this state, and it is hereby enacted by the authority of the same, That all that part of the townships of Bridgewater and Bernard, lying within the following boundaries, to wit: Beginning at Passaic river, at the corner of Somerset and Essex counties, thence up said river to Dead river, on the line between Somerset and Morris; thence up

Dead river, to the bridge over the same, near the house of Thomas Gaultry; thence on the road southerly two hundred and thirty chains to Bridgewater line, and along the same as it runs on the top of the second mountain, to the brook below Aaron Coon's mill; thence down said brook seventy chains, to the east branch of Middle brook to Moses Rigg's sawmill pond; thence south forty-eight degrees east, one hundred chains to Bound brook; thence up the same on the line of Somerset and Middlesex, to Green brook; thence up Green brook between Somerset and Middlesex, and Somerset and Essex, to the head of Green brook; thence north eighteen degrees west, one hundred and twenty-five chains, to the place of beginning-shall be and the same is hereby set off from the townships of Bridgewater and Bernard, and the same is hereby established a separate township, to be called by the name of the township of Warren.

2. And be it enacted, That the inhabitants Privileges of the township of Warren, shall be and they are hereby vested with and entitled to all the powers, privileges and authorities, and shall be and are hereby made subject to the like regulations and government which the inhabitants of the aforesaid townships of Bridgewater and Bernard are subject and entitled to, and that the inhabitants of the said township of Warren, be and they are hereby incorporated, styled and known by the name of "the inhabitants of the township of Warren, in the county of Somerset," and entitled to all the privileges, advantages and authorities, which the other townships in the said county are entitled to by vir. [Rev. 276] tue of the laws of the state.

[Usual provision made for town-meetings, allotment the poor, and division of property, &c.]

AN ACT relative to the mode of dividing real estates of intestates situate in more counties than

one.

perty situ

counties

than one.

Passed March 6, 1806.

Sec. 1. BE IT ENACTED by the council and general assembly of this state, and it is Division of hereby enacted by the authority of the same, intestates' That where any person seized of real estate in real pro fee simple, situated in two or more counties, ate in more hath died or shall die intestate leaving two or more children or other heirs, any of whom being under age, before a division shall have taken place, the surrogate-general, on application, may order and direct a division of such real estate to be made, agreeably to the act, entitled, "An act to alter the law directing the [Rev. 43] descent of real estates," passed the twentyfourth day of May, seventeen hundred and eighty; the metes and bounds of each child or heir's share, to be ascertained by three indifferent persons to be appointed by the surrogate-general, and a report made thereon in writing by them, or any two of them, to the surrogate-general, at the next prerogative court after such division shall be made, which said report, after being approved of by the surrogate-general, shall be conclusive to all parties

concerned.

2. And be it enacted, That the division aforesaid may be made, either by dividing each tract or lot of land among the children or heirs of the intestate, or by assigning each child or To be re- heir the whole or a part of a tract or lot of land of the intestate, at the discretion of the persons appointed to make such division, which division shall be recorded in the clerk's office in each of the counties where the lands lie; for

corded.

631

which the said surrogate-general and commissioners shall be entitled to receive for their services the same fees as are allowed by the act entitled "An act to ascertain the power and [Rev. 59, authority of the ordinary and his surrogates, to regulate the jurisdiction of the prerogative court, and to establish an orphan's court in the several counties of this state," passed the sixteenth day of December, in the year of our Lord seventeen hundred and eighty-four.

Sec. 3, Repeals the act of the same title of this law, passed 3d Dec. 1804.]

A Supplement to an act entitled "An act the better to promote the impartial administration of [Rev.254] justice," passed the tenth day of March, seventeen hundred and ninety-seven.

Passed March 6, 1806.

Sec. 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 no judge of any court of record in this state, who shall have formed and delivered his opinion upon any matter in question in any cause or controversy depending in such court, shall sit in judgment upon the trial or argument of such cause, or any point in controversy therein, whether such judge at the time of delivering such opinion was attorney on record or counsel for either of the parties in such cause, or not: Provided always, any matter or thing herein contained shall not be construed to prevent any judge from sitting on the trial of such cause, merely because he may have given his opinion in any other cause where the