State v. Hutchinson
Supreme Court of New Jersey
This was a certiorari to the Court of Common Pleas of the county of Middlesex, to remove the proceedings in a matter of road, which had been ordered by that court to be recorded. On the return of the certiorari a rule to take affidavits, was applied for on behalf of the prosecutor of the certiorari, and obtained.
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This was a certiorari to the Court of Common Pleas of the county of Middlesex, to remove the proceedings in a matter of road, which had been ordered by that court to be recorded. On the return of the certiorari a rule to take affidavits, was applied for on behalf of the prosecutor of the certiorari, and obtained. Under this rule several witnesses were examined, two of whom proved that certain papers shown to them (and returned with the depositions) were true copies of the oaths of the surveyors, remaining in the office of the clerk of the township.
1Opinion of the Court
The
Chief Justice
delivered the opinion of the court.
One of the reasons assigned for setting aside the return and proceedings in this case is, that two of the persons who acted as surveyors and signed the return, had not taken, subscribed, and filed the oath of office as requited by law.
The oaths of office of these persons, are in the form set forth in the act of the legislature regulating the subject. They are subscribed by each of them respectively. The Jurat of each is in the following words; “Sworn and subscribed this 10th day of April 1826 before me, William Tindall.” The act above…
2Cited by1 opinion
- State v. BlackNew Jersey Superior Court Appellate Division · 1954