Elizabeth Town Gazette

LEGISLATURE OF NEW-JERSEY.

From the Trenton True American.

Sketch of the Proceedings of the House of Assembly.

Monday, May 29-nine o'clock.

Mr. Yarrow, from the committee on the petition of a number of inhabitants of the county of Salem for an alteration of the act constituting courts for the trial of small causes, reported, in substance, that as it was not advisable to multiply supplements, and as there was a bill on this subject already on the files of the House, it was best to take up the subject of the petition when the bill shall be called up. Agreed to.

The bill supplementary to the act for the settlement and relief of the poor, was taken up, progressed in, and postponed.

The bill supplementary to the act concerning wills, was read a second time, the two first sections disagreed to, and the bill committed to Messrs. Taylor, Hopkinson and S. Cook.

The bill to ascertain the power and authority of the Ordinary and his Surrogates, &c. was re-committed.

The House disagreed to the amendment of Council to the bill for the relief of creditors against absconding and absent debtors.

The amendments of Council to the bill respecting conveyances and mortgages, were part agreed to, and part disagreed to—and the Clerk directed to inform Council thereof—Adjourned.

Three o'clock.—A message from Council informed, that Council do insist on their amendments to the bill for the relief of creditors against absconding and absent debtors—whereupon, the House receded from their disagreement to said amendments, agreed to the same, and ordered the bill to be re-engrossed.

Mr. Miller from the committee on the bill to ascertain the power and authority of the Ordinary and his Surrogates, &c. reported, That they had examined the sections of the said bill, and have made several alterations and amendments in the several sections from 11 to 39 inclusive, which amended sections they report, and conceive it expedient that they should be printed for the consideration of the House. Agreed to.

The bill to incorporate the Elizabeth-Town Insurance company, was read a 2d time, the first section disagreed to, and the bill rejected.

The bill concerning estates of persons who die insolvent, was committed to Messrs. Griffith, Murphy and Van Winkle.

The bill to prevent the fraudulent marking of Sheep, was recommitted to the committee who reported the same, with the addition of Messrs. Pearson and Gould.

The bill supplementary to the act for suppressing vice and immorality, was taken up, and disagreed to.—Adjourned.

Tuesday, May 30—9 o'clock.

Mr. Taylor, from the committee on the bill concerning wills, reported, That upon an examination of the laws of this state on the subject of wills, they find all the objects of this act sufficiently provided for, and it is therefore unnecessary to pass the supplement referred to therein. Agreed to.

Mr. Evans reported the bill concerning inns and taverns, with amendments which were agreed to, and the bill ordered a 2d reading.

A message from Council informed, that Council had passed the bill establishing an Independent Battalion within the city of Trenton, without amendment:

Also, that Council have receded from their amendment to the 2d section of the bill concerning conveyances and mortgages, and insist on their other amendments.

Whereupon the House insisted on their disagreement to said amendments, and appointed Messrs. Ewing, Griffith & Gould, a committee of conference on their part.

Messrs. Frelinghuysen and Thompson were appointed on the part of Council.

The bill supplementary to the act for the settlement and relief of the poor, was gone through, and ordered to be engrossed.

A message from Council informed that Council have passed the bill supplementary to the act making provision for carrying into effect the act for the punishment of crimes, without amendment; and the bill supplementary to the act for the punishment of crimes, with amendments which were read, agreed to, and the bill ordered to be re-engrossed.—Adjourned.

Three o'clock.—Mr. Squier presented a bill to provide for the distribution of the laws and proceedings of the Legislature of this state, and the laws of the United States—Read, and ordered a second reading, and to be printed.

The supplement to the act for the relief of creditors against absconding and absent debtors, was passed as amended, and returned to Council.

The supplement to the act for the trial of small causes, was taken up, considered, and postponed.—Adjourned.

Wednesday, May 31—9 o'clock.

Mr. Lanning presented sundry petitions from inhabitants of the county of Cumberland praying an act to stay executions in certain cases—Read, and referred to the committee on that subject.

Mr. Condit reported the bill to prevent the fraudulent marking of Sheep, with amendments, which were agreed to, and the bill ordered to be engrossed.

The bill supplementary to the act for the settlement and relief of the poor, was passed, and sent to Council.

The re-engrossed bill, supplementary to the act for the punishment of crimes, was passed as amended, and returned to Council.

A message from Council informed that Council had passed the bill regulating elections, &c. with the amendments reported by the committee of conference, which were read and agreed to by the House, and the bill ordered to be re-engrossed.

Mr. Griffith presented a bill to provide for the voluntary dissolution of bank incorporations by the Stockholders thereof and closing their concerns—Read, and ordered a second reading, and to be printed.

The bill supplementary to the act for the relief of persons imprisoned for debt, was taken up, and remained under consideration until the House adjourned.

Three o'clock—The House resumed the consideration of the bill supplementary to the act to incorporate Societies for the promotion of learning, with amendments—Which were read, disagreed to by the House, and the Clerk directed to inform Council thereof.

Also, that Council had passed a bill supplementary to the act fixing the compensation of County Clerks for their services at elections of Representatives to Congress and Electors of President and Vice-President—which bill was read, and ordered a second reading.

The bill to prevent the fraudulent marking of sheep, was passed, and sent to Council.

A message informed, that Council had passed the bill for the preservation of clams and oysters, and the bill for the preservation of Sheep, with amendments—[which were read, and postponed.]

Also, that Council have passed the bill further regulating the descent of real estates—which was read, and ordered a 2d reading.

The bill supplementary to the act constituting courts for the trial of small causes was taken up, progressed in, and postponed.—Adjourned.

Thursday, June 1—9 o'clock.

Mr. Gould, from the committee on that subject, reported a bill to prevent the sacrifice of real and personal estate at forced sales; read, ordered a second reading, and to be printed.

The re-engrossed bills for the sale of real estate of Philip Williams, deceased, and to regulate elections, were passed and returned to Council.

The amendments of Council to the bill for the preservation of sheep, were in part agreed to and in part disagreed to; and the amendments to the bill for the preservation of clams and oysters, disagreed to—and Council informed thereof.

The bill relative to the Ordinary and his Surrogates, was taken up, and under consideration, until the House adjourned.

Three o'clock.—The bill concerning the Ordinary and his Surrogates was taken up, and, after some time spent thereon, postponed.

A message informed that Council had agreed to the amendments to the bill concerning Inns and Taverns, and had caused the bill to be re-engrossed; also that Council adhered to their amendments to the bill for the preservation of clams and oysters.

The House thereupon insisted on their disagreement; and appointed Messrs. Foster, Carson and Ten Eyck, a committee of conference.

Messrs. Stevenson and Baxter were appointed by Council.

The Message also informed that Council insisted on their amendments to the bill for the preservation of sheep;

Whereupon the House insisted on their disagreement, and appointed Messrs. Pearson, Cox and Stryker, a committee of conference. Messrs. Newbold and Seely were appointed by Council.

The Message also informed, that Council insisted on their amendments to the bill supplementary to the act to incorporate societies for the promotion of learning;

Whereupon, the House insisted on their disagreement to said amendments, and appointed Messrs. Kinney, Brittin and Beardslee, a committee of conference.

Messrs. Frelinghuysen and Dunn were appointed by Council.—Adjourned.

Friday, June 2—nine o'clock.

Mr. Carson, from the committee to receive proposals for printing and binding the laws, reported, that they had received proposals from John Tuttle & Co. of Newark, Mervin Hale and J. & E. Sanderson, of Elizabeth-Town, and Joseph Justice, of Trenton—which they submit to the house.

Read, and ordered to lie on the table.

Mr. Gould, in lieu of the bill respecting pedlars, reported a supplement to an act relating to hawkers, pedlars and petty chapmen. Read, and ordered a 2d reading.

The bill concerning the Ordinary and his Surrogates, was taken up, and committed to Messrs. Griffith, Miller and Ewing.

Mr. Squier, from the joint committee of the Council and House of Assembly, acting under a resolution of both houses, directing them to enquire into the manner in which the Commissioners appointed in the act entitled "an act to facilitate the intercourse between the States of N. York, Pennsylvania and New-Jersey." have executed their trust; and also to what extent the same had been executed,—

Reported That from an examination of persons and papers it appears that Daniel Stuart, John Lino, and Charles Kinsey, Esqs. undertook to execute the duties enjoined by the act upon the commissioners therein named, or a majority of them; That the said act authorized them to raise by a lottery or lotteries, or the sale of a lottery or lotteries, the sum of $30,000, to be appropriated as therein directed; That they did, by a contract entered into with Isaac G. Ogden, of New-York, dated October 29th, 1817, sell and assign to him the right of a lottery according to the scheme by them fixed upon, for the aforementioned sum of $30,000; that the said lottery so sold, was drawn under the superintendence and management of the said commissioners, in the city of New-York. It further appears, that Isaac G. Ogden has paid to the order of the commissioners $20,000, being two thirds of the sum for which the lottery was sold; and the remaining $10,000 was placed to the credit of the commissioners on the books of the Union Bank in the city of New-York. The commissioners produce receipts, from the agent of the Milford and Owego Turnpike company, for the sum of $18,500, and a certificate of stock in the said road transferred to this state to the value of $20,000. There appears, therefore, to be a deficit in the appropriation of the $20,000, ordered to be paid by the act aforesaid to the managers of the said Milford and Owego turnpike road, of $1,500, which sum it seems was retained by Col. Aaron Ogden, the agent of the commissioners, for his services in and about the business of the said lottery, by the consent of the said commissioners and the agent of the said turnpike company. The remaining $10,000 the commissioners, in consequence of certain representations made to them during the drawing of the lottery, by Isaac G. Ogden, of his inability to pay the prizes, and comply with his contract, did agree to return to the said Isaac G. Ogden, and take his promissory note therefor, payable some months afterwards; and also were induced, at the same time, to enter into an agreement with the said Isaac G. Ogden to give him a second lottery, which agreement is dated the 6th of June, 1818. It is now contended by Isaac G. Ogden, that the sum of $10,000 dollars of the consideration money he was to pay for the first lottery, was remitted by the commissioners, and that the note given by him to the said commissioners, and which is now in the hands of the attorney-general of this state, was given for a consideration which has failed, to wit: a right to a second lottery with the privilege of vending the tickets thereof in the state of New-York. On the other hand, the commissioners say, that the said note was to be paid by Mr. Ogden whether he went on with a second class or not; and that it was not intended by them to enter into any stipulations or agreement of which the right to vend tickets in the state of New-York should form any part, or be in any way a binding consequence thereof. As to the extent to which the law hath been executed, the committee forbear to give their opinion. The facts herein exhibited, speak for themselves on that point. The committee, however, from a mature consideration of the allegations of the commissioners on the one hand, and the said Isaac G. Ogden on the other, as well as of the documents submitted to them, are of the opinion that Isaac G. Ogden ought to pay the aforesaid note of $10,000 dollars given by him to the commissioners. The agreement for the second lottery or class seems to have been altogether founded in the probable loss, which at the time it was made, Mr. Ogden represented himself as likely to sustain by the first lottery; the result shewed there was no foundation for his fears; his gains were nearly or quite $100,000 dollars. The commissioners have violated no part of their contract or contracts. Your committee, therefore, say, that no more can be required at the hands of the legislature by Mr. Ogden than strict justice. That if out of a lottery drawn after paying out $30,000 dollars, he has been fortunate enough to secure to himself after paying all demands upon said lottery, nearly or quite $70,000 dollars, he ought to fulfil his engagements in relation to said lottery, with the utmost exactness and punctuality, and not lay claim to indulgences, which in other circumstances might deserve a more serious attention.

Which report was read and ordered to lie on the table.

Mr. Kinney offered the following resolution:

Resolved by the Council and General Assembly of this state, That Hedge Thompson, Joseph Hopkinson, and Thomas Yarrow, be, and they are hereby appointed commissioners, with full power and authority to enquire into the acts and proceedings of the managers and commissioners named in the act reviving part of an act entitled "An act to clear out and improve the navigation of the north main branch of Rancocas Creek, between the town of Mount-Holly and the south main branch of said creek, in the county of Burlington, and for other purposes" and particularly in what manner the lottery therein authorized has been made, drawn, and finished, and the sum or sums raised thereby; and that the said commissioners report to the legislature.

Which resolution was read, and ordered to lie on the table. Afterwards agreed to, and sent to Council for concurrence.

Mr. Hopkinson offered a preamble and resolutions, as a substitute for the bill entitled An act to prevent the sacrifice of real and personal estate at forced sales. [The preamble is too long to have a place this week; the resolutions are in the following words:

Resolved, 1. That it is not expedient, at this time, for the state to borrow money for the purpose of loaning it to such individuals as may be in want of it.

2. That it is not expedient, at this time, to prevent or suspend the execution of judgments obtained by creditors against the debtors, further than may now be done by course of law.]

Which preamble and resolutions were read and ordered to lie on the table, and to be printed. Adjourned.

Three o'clock.—Mr. Griffith reported the bill concerning the Ordinary and his Surrogates, with amendments; which were agreed to.

Mr. Hancock offered an amendment to said bill, the object of which was to vacate the office of any Surrogate who should be elected to and become a member of the General Assembly, Which amendment was read; and the yeas and nays being called for on agreeing to said amendment, were as follows:

YEAS—Messrs. Beardslee, Butcher, J. Cook, Cox, Elmer, Farlee, Hancock, Kille, Lanning, Macker, Maxwell, Parker, Stout, Taylor, Teasdale, Yarrow—16

NAYS—Messrs. Antrim, Bogert, Brinkerhoff, S. Cox, Evans, Ewing, Foster, Garwood, Gould, Griffith, Hopkinson, Kinney, Miller, Murphy, Pearson, Schenck, Squier, Stryker, Ten Eyck, R. C. Thompson, Van Winkle, Willits—22.

So the amendment was rejected, and the bill gone through, and ordered to be engrossed.

The supplement to the act for the trial of small causes, was considered, and ordered to be engrossed.—Adjourned.