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62. Proceedings after return "served," &c.-When the sheriff or other officer shall return such summons or notice "summoned" or "served," the said corporation, city, borough or township shall be considered as in court, and as appearing to said indictment or information; and the court shall order the clerk to enter an appearance for said corporation, city, borough or township, and indorse the plea of not guilty on said indictment or information, and further proceedings may then be had thereon, in the same manner as if the said corporation, city, borough or township had appeared and pleaded not guilty thereto; and if the said corporation, city, borough or township shall be convicted on said indictment or information, the said. court may proceed to pass judgment thereon, and cause process of execution to be issued to the sheriff of the county against the goods and chattels or lands and tenements of the said corporation, city, borough or township, for the amount of the fine and costs which may be awarded against them, in the same manner as on a judgment in a civil action; and the said sheriff shall proceed to sell the goods and chattels or lands and tenements of the said corporation, city, borough or township on the said execution, in the same manner as on executions issued in a civil suit.

63. Process "not served."-In case the sheriff or other officer shall return such summons or notice "not summoned" or "not served," and an affidavit shall be made to the satisfaction of the court, that the same could not be served as heretofore mentioned in this act, or in case the sheriff or other officer shall make affidavit that he hath made diligent inquiry, and cannot ascertain the name of any president, secretary or director of said corporation, resident in the county in which the said indictment shall have been found or information filed, then the court shall make an order directing the said corporation to cause their appearance to be entered, and to plead to said indictment or information on or before the first day of the next term of the said court, a copy of which order shall, within twenty days, be inserted in such one of the public newspapers printed in this state, as the court may

direct, for at least six weeks; and if the said corporation shall not appear within the time limited by such order, or within such further time as the court shall appoint, then on proof made of the publication of such order, in manner aforesaid, the court being satisfied of the truth thereof, shall order the clerk to enter an appearance for said corporation, and indorse a plea of not guilty on said indictment or information, and thereupon further proceedings may be had on the said indictment or information, in the same manner as if the said corporation had appeared and pleaded not guilty thereto; and in case of conviction execution may be issued against said corporation, and proceedings had thereon, as in the preceding section mentioned.

ACKNOWLEDGMENT OF DEEDS, &C.

PROVISIONS OF "AN ACT RESPECTING CONVEYANCES (REVISION OF 1898)," P. L. 1898, P. 670.

[The original section numbers are given.]

21. What instruments may be acknowledged. All deeds or instruments of the nature or description following, of or affecting the title to any lands, tenements or hereditaments, lying and being in this state, or any interest therein, may be acknowledged or proved and then recorded in the office of the clerk of the court of common pleas of the county where the said lands, tenements or hereditaments are situated, that is to say: conveyances, releases, declarations of trust, mortgages, defeasible deeds or other conveyances in nature of a mortgage, releases or deeds in which the intention to operate as releases from the lien and effect of any mortgage or judgment is plainly manifested, assignments and discharges or satisfaction pieces of mortgages, assignments of judgments, letters of attorney for any sale, conveyance, assurance, acquittance or release, leases for life or any term not less than two years, or any assignments thereof absolute, or by way of mortgage, or security, agreements for sale, or written. consents of any person to the execution by an executor, administrator with the will annexed, or trustee, of a power for sale, conveyance, acquittance, or release, or writings to declare or direct any use or trust of real estate, or which though made for some other purpose, are yet by the terms of any recordable deed or will which refers to such writings, made to operate as such declarations or directions, and all other instruments that may have been heretofore or may be hereafter directed by any statute to be acknowledged or proved and recorded; and also in the office of the clerk of the court of common pleas of the county in which the goods, chattels and personal property lie, unless otherwise directed in this or any other act, the following deeds and instruments not of or affecting the title to land, but of or affecting goods, chattels and personal property in this state, that is to say: chattel mortgages, assignments, releases and

discharges thereof, contracts for the conditional sale of goods and chattels, deeds of personal property to literary, benevolent, religious or charitable institutions upon particular trusts therein specified or otherwise.

Original and amended certificates of incorporation are required to be proved or acknowledged as required for deeds of real estate. (General Corporation Act, ante, sections 9, 26a, 27 and 259.)

22. Acknowledgments taken in this state.-If any deed or instrument of the nature or description set forth in the twentyfirst section of this act, heretofore made and executed, or hereafter to be made and executed, shall have been, or shall be acknowledged by the party who shall have executed or who shall execute it, such party then having happened or happening to be in this state, whether residing here or elsewhere, before the chancellor, one of the justices of the supreme court, one of the masters in chancery of this state, one of the judges of any court of common pleas of any county in this state, one of the commissioners of deeds appointed for any county in this state, a clerk of the court of common pleas of any county, a deputy county clerk, a surrogate or deputy surrogate of any county, or a register of deeds of any county of this state, whether such officer was or is appointed for, or whether he was or is in the said county where such lands, tenements or hereditaments are situated or where such acknowledgment was or is taken or not, such officer having first made known the contents thereof to such party making such acknowledgment, and being also satisfied that such party is the grantor in such deed or instrument, of all which the said officer shall make his certificate on, under, or annexed to said deed or instrument, or if it shall have been or shall be proved, by one or more of the subscribing witnesses to it, such witness or witnesses then having happened or happening to be anywhere in this state, whether residing here or elsewhere, that such party signed, sealed and delivered it as his voluntary act and deed, before any one of the above-named officers then having been or being anywhere in this state, and if a certificate of such proof signed by such officer shall be written.

upon, or under, or be annexed to such deed or instrument, then every such deed or instrument shall be received in evidence in any court of this state, as if the same were then and there produced and proved.

For forms of acknowledgment and proof by subscribing witness, see pp. 190-1, post. See also p. 23, ante.

23. Acknowledgments taken out of this state, but within the United States. If the party who shall have executed or who shall execute any such deed or instrument of the description or nature above set forth in the twenty-first section of this act, or the witnesses thereto shall have happened or shall happen to be in some other state in the Union or territory thereof, or in the District of Columbia, whether such party or witnesses resided or reside in this state or in such state, territory, or district, or elsewhere, then such acknowledgment or proof as is above prescribed, made before and certified by the chief justice of the United States, or any associate justice of the supreme court of the United States, or any master in chancery of this state, or any circuit or district. judge of the United States, or any judge or justice of the supreme or the superior courts, or the chancellor, of any state in the Union, or territory thereof, or District of Columbia, or any foreign commissioner of deeds for New Jersey, duly certified, under the official seal of such commissioner, or before and by any mayor or other chief magistrate of any city, borough, or corporation in such state, territory, or district, duly certified under the seal of such city, borough, or corporation, of which he was or is mayor or chief magistrate, such circuit or district judge, judge or justice of such supreme or superior court, or chancellor of such state, foreign commissioner of deeds, mayor or other chief magistrate then having been or being anywhere within the circuit, district, state territory, district, city, borough, or corporation, for which he was or is appointed, or before and by any judge of any court of common pleas of such state, territory, or district, such judge then having been or being within the county or district in and for which he was or is such judge, duly certified that he was or is such judge under the great seal of such

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