Receipts of treasury, how ap plied. Loan office certificates And be it further enacted by the authority aforesaid, That of the monies now in the treasury of this State, or which shall hereafter come into the same, for any duties or taxes heretofore imposed,or laid, or hereafter to be imposed or laid, and which may not have been already otherwise appropriated, or so much thereof as may be necessary, shall be applied by the treasurer, and he is hereby required to apply and pay the same, in manner following, that is to say, so much thereof as shall be requisite for that purpose, shall in the first place be applied, to the payment of the civil list and contingent expences of this State, as the same may be hereafter specified and provided for; and out of the residue thereof a sum sufficient to discharge one half the amount of the requisition aforesaid, after such deduction thereout as aforesaid, shall, as soon as the same shall come into the treasury, be applied towards the payment of the said requisition; and the remaining half of the amount of the requisition aforesaid, shall be paid out of any monies which shall remain or come into the treasury, and be unappropriated at the adjournment of the legislature, at their present session. And be it further enacted by the authority aforesaid, That the said to be trans- treasurer, shall, from time to time transmit to the Contnental loan officer mitted to within this State, all such loan office certificates issued out of the said nental loan loan office, as now are, or hereafter from time to time, shall come into Conti officer. If sufficient amount of his hands, and all other certificates of the liquidated debts of the United States, which by any law of this State, are, or may be receivable in the treasury, and have the interest settled and certified, agreeable to the directions of the aforesaid act of the United States, in Congress assembled, of the second day of August, one thousand seven hundred and eighty six. And that the said treasurer shall also transmit all such loan office certificates as have been issued out of the loan offices of any other of the United States, and which now are, or may hereafter from time to time come into his hands, to the loan officers from which such loan office certificates respectively issued, and have the interest settled and certified as by the said act of Congress is directed; and the interest due on all such loan office certificates as aforesaid, and upon all other certificates of the liquidated debts of the United States, so settled and certi- . fied as aforesaid, shall pay towards the discharge of the aforesaid sum of one hundred and thirty seven thousand, four hundred and thirty four dollars, so to be paid into the treasury of the United States as aforesaid. And for preventing the depreciation of certificates to be issued in pursuance of the said act of Congress, of the second day of August one thousand seven hundred and eighty six. Be it further enacted by the authority aforesaid, That if on the first certificates day of July, one thousand seven hundred and eighty seven, certificates not re- so to be issued as aforesaid, to the amount of the said sum of one hundred balance to and thirty seven thousand, four hundred and thirty four dollars, shall be paid in not be in the hands of the treasurer of this State, or shall not by him, ceived, specie. before that time, be paid to the Continental loan officer within this State, or to the order of the United States in Congress assembled, the deficiency shall be paid into the Continental treasury, or to the order of the United States in Congress assembled, in specie, by the treasurer of this State, out of any monies which may be in the treasury. CHAP. 84. AN ACT to remove certain obstructions in tne navigation of PASSED the 13th of April, 1787. WHEREAS it has been represented to the legislature, that it is neces- Preamble. sary, that certain obstructions in the navigation of Hudsons river should be removed. Therefore, tax on ves Overslagh. Be it enacted by the People of the State of New York, represented in Tonnage Senate and Assembly, and it is hereby enacted by the authority of the same, sels passThat every vessel, of the burthen of ten tons or upwards, which shall ing the from and after the fifteenth day of May next, cross the bar in the said river, about three miles below the city of Albany, commonly called the Overslagh, in ascending the said river, shall pay a tonnage of threepence for every ton such vessel shall measure, as often as such vessel shall cross the said bar in ascending the said river. Provided, that no scow shall be subject to the payment of such tonnage. to appoint sioners and And be it further enacted by the authority aforesaid, That it shall and Mayor, etc., may be lawful to and for the mayor, aldermen and commonalty of the of Albany city of Albany, in common council convened, from time to time, and as commisoften as they shall deem it necessary, to appoint one or more commis- clerk to sioner or commissioners not exceeding three, and a clerk, for the pur- carry ou poses herein after mentioned. That the said commissioner or commissioners shall not receive any fee or reward, for any service to be performed by him or them, in pursuance of this act. out by clerk; ment of And be it further enacted by the authority aforesaid, That every master, Account to or person having the command of any vessel, shall within two days after be kept such vessel shall have crossed the said bar, in ascending the said river, measuremake report to the said clerk of the dimensions of such vessel, which vessels. report the said clerk shall enter in a book, to be kept by him for that purpose; and if any master or person having the command of such vessel, shall make a report, which such clerk shall have reason to believe is fraudulent, it shall and may be lawful to and for such clerk, to cause a fit person to survey and take the exact dimensions of such vessel, and compute her tonnage in the manner following, that is to say, three fifths of the beam to be deducted from the length of the maindeck, the remainder multiplied by the breadth of the beam, that sum multiplied by half the breadth of the beam for the depth of the hold, that divided by ninety five to be deemed the contents of the vessel in tons; but if such vessel shall be a single decked vessel, to multiply her length and breadth by her depth in the hold from skin to skin, and divide the same by ninety five as aforesaid; and if upon such survey and calculation, it shall appear that the number of tons contained in such vessel exceed the tons mentioned in such report, the master or person having the command of such vessel, shall be subject to the payment of the sum of five shillings, for every ton which the tonnage of such vessel, shall exceed the number of tons mentioned in such report; and that if any master or person having the command of any vessel, crossing the said bar in ascending the said river as aforesaid, shall neglect or refuse to make such report, within the time for that purpose herein before limited, every such master or person, having the command of such vessel, shall forfeit for every such neglect or refusal, the sum of thirty shillings. Tonnage duty, payment of; penalty. Forfeiture, how recoVered. Clerk to Provided, that no person shall be compelled to make report of the contents of any vessel more than once in any year, such year to be computed to commence from the first day of March in every year, but shall nevertheless, make report of the arrival of such vessel, as often as such vessel shall cross the said bar. And be it further enacted by the authority aforesaid, That the said tonshall be paid to such clerk within three days after any vessel, subnage, ject to the payment of tonnage, shall have crossed the said bar; and that if any person, subject to the payment of the said tonnage, shall neglect or refuse to pay the same longer than the time for that purpose herein before limited, he shall forfeit the sum of three pounds for every such neglect or refusal. And be it further enacted by the authority aforesaid, That all forfeitures to be incurred for neglect or refusal, of any matter or thing required by this act, shall and may be recovered in an action of debt with costs, by and in the name of such clerk, before the mayor, recorder or any one of the aldermen of the city of Albany, or any justice of the peace, of any county in this State, and shall be paid and applied in like manner, as the product of the said tonnage, is herein directed to be paid and applied. And be it further enacted by the authority aforesaid, That the clerk to give bond. be appointed as aforesaid shall, previous to his performing any of the duties enjoined on him by this act, take an oath before the mayor, recorder or any one of the aldermen of the city of Albany, well, faithfully and impartially to execute the duties required of him by this act, according to the best of his knowledge and abilities; and shall enter into a recognizance, before such mayor or recorder, to the chamberlain of the said city of Albany, in the sum of five hundred pounds, with one sufficient surety in the sum of two hundred and fifty pounds, conditioned, that the said clerk will faithfully and impartially execute the duties required of him by this act, according to the best of his knowledge and abilities. Forfeiture for trying to evade tonnage duty. Tonnage duty, application received for. And be it further enacted by the authority aforesaid, That if any master or person, having the command of any vessel, subject to such tonnage, shall, with intent to evade the payment of the said tonnage hereby imposed on such vessel, sail from any part of the said river, above the said bar, to any part of the said river below the said bar, without having paid the said tonnage, every master or person having the command of such vessel, shall for every such offence, forfeit the further sum of ten pounds. And be it further enacted by the authority aforesaid, That the said clerk, shall be allowed for his services, a sum not exceeding ten per cent on of moneys all monies, actually received by him, for and on account of the said tonnage, to be retained out of the monies to be raised and collected by virtue of this act; and that the residue of the monies, arising from the said tonnage hereby imposed, shall from time to time be paid to the commissioners to be appointed as aforesaid, to be by them applied for the purpose of removing any obstructions in the navigation of the said river, within fourteen miles of and below the city of Albany, in such manner, as to them or a major part of them, shall in their discretion appear fit and most effectual to remove such obstructions. Accounts dered. And be it further enacted by the authority aforesaid, That the said comto be ren- missioners, shall once in every year, render regular accounts of their receipts and expenditures, in pursuance of the powers vested in them in and by this act, to the mayor, aldermen and commonalty of the city of Albany, in common council convened. from tonnage duty. And be it further enacted by the authority aforesaid, That every vessel Exemption crossing the bar aforesaid, upon the return of such vessel from any place below the said bar, to which such vessel shall have been conveyed for the purpose of careening only, and every vessel laden with wood or stone, or crossing the said bar, to take in part of her lading, to be conveyed to New York, shall be exempted from the payment of the tonnage aforesaid, upon crossing the said bar in ascending the said river. Provided that it shall be made to appear to the clerk, that such vessel was carried across the said bar, down the said river, for either of the purposes aforesaid, and for and with no other intent or purpose whatsoever. And be it further enacted by the authority aforesaid, That this act shall Time act to remain in force, for the term of five years and no longer. CHAP. 85. AN ACT to vest the estate of Richard Maitland deceased, in trustees for the payment of his debts. PASSED the 14th of April, 1787. continue. WHEREAS by the petition of Ann McAdam of the city of New York Preamble. widow of William McAdam deceased, Margaret Ogilvie, widow of John Ogilvie deceased, and Judith Bruce, widow of William Bruce deceased, it hath been represented to the legislature, that Richard Maitland, deceased, was in his life time seized and possessed, of a considerable real and personal estate, in the State of New York; that the said Richard Maitland, in and by his last will and testament, bearing date the sixteenth day of February, in the year of our Lord, one thousand seven hundred and seventy one, did give, devise and bequeath, all his estate, both real and personal, to his two natural sons, Richard and Peter, children of Mary McAdam, and to the said Mary McAdam and the child of which she was then pregnant, and their heirs, executors, administrators and assigns respectively, equally to be divided among them, share and share alike: That the said Richard Maitland, in and by his said last will and testament, did request, authorize and impower, his executors therein named, or such of them as should take upon them the execution of his said will, to manage, govern and direct his estate, in such manner as they, or the major part of them, should think most for the advantage of his devisees. And in case his executors, or such of them, as should take upon them the execution of his said will, or the major part of them, should think fit or esteem it, for the benefit of his devisees, he did by his said will desire, authorize and impower his said executors, and the survivors and survivor of them, who would at any time take upon them the execution of his said will, to grant, bargain and sell all or any part or parts of his real estate; and of his said will did appoint Alexander Maitland, and the said William McAdam, John Ogilvie and William Bruce deceased, the respective husbands of the petitioners; and Thomas Moncrief, and the survivors and survivor. of them, to be executors or executor. That after making the same will, the said Mary McAdam had issue, one other son named John, and that soon thereafter she was intermarried with the said Richard Maitland and had issue another son named James, who was born after the decease of the said Richard Maitland. That the said Richard Maitland died sometime in the year one thousand seven hundred and seventy two, and that the said William McAdam, John Ogilvie, and William Bruce, Estate of vested in trustees for purposes named. proved his will, and took upon themselves the execution thereof, but that the said Alexander Maitland and Thomas Moncrieff never became acting executors thereof; that the said Richard Maitland was, in his life time, indebted to Sampson Simson, and Solomon Simpson respectively, in very considerable sums of money; and that the respective husbands of the petitioners, together with the said Thomas Moncrieff, became jointly and severally bound for the payment thereof, by two several bonds, executed by them to the said Sampson Simson and Solomon Simson respectively, which monies are still due; that the said Richard Maitland was, at the time of his death, also indebted to the said William McAdam deceased, in very considerable sums of money, and that after the death of the said Richard Maitland, other sums of money were paid and advanced by the said William McAdam, in his life time, for the estate of the said Richard Maitland deceased; part of all which monies are unpaid, and due to the petitioner Ann McAdam, as sole legatee and executrix of the last will and testament of the said William McAdam deceased. And that the said Richard Maitland was, in his life time, also indebted to other persons, all which sums of money, are also yet due and unpaid; that the said William McAdam, John Ogilvie and William Bruce are dead; and that the said Alexander Maitland, resides in that part of Great Britain, called England; and the said Thomas Moncrieff in Halifax, or some other part of the British Dominions; and have never taken upon themselves the executorship of the will of the said Richard Maitland deceased. That all the children of the said Richard Maitland deceased, are infants, and that the two eldest reside in that part of Great Britain called England, and the two youngest in the State of New Jersey; that by reason of the death of the said William McAdam, John Ogilvie and William Bruce, and the absence of the other executors aforesaid, the estate of the said Richard Maitland deceased, cannot be sold and disposed of, for the payment of his debts, and the maintenance and support of his widow and children, in the manner directed by his will; and thereupon praying, that the estates, both real and personal, of the said Richard Maitland deceased, may be by law, vested in trustees, and that the whole or such part thereof, as may be necessary for those purposes, may be directed to be sold, as well for the payment of the debts due therefrom, as for the maintenance and education of the children of the said Richard Maitland deceased. And the prayer of the said petitioner, appearing to be just and reasonable, Therefore Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, deceased, That all the estate, real and personal, of the said Richard Maitland deceased, shall at and immediately after the passing of this act, be, and the same is hereby vested in trustees, to wit, Daniel McCormick, William Cockburn and Richard Varick, their heirs and assigns; who are hereby authorized and impowered, as soon as may be convenient, to sell and dispose of, all or so much of the same real and personal estate, of the said Richard Maitland deceased, as they may deem sufficient, to pay and discharge the debts due therefrom; at such time and times, in such manner to such person or persons, and for such sum or sums of money, as they the said trustees or the survivors or survivor of them, or the heirs of such survivor, shall deem most conducive to the interest of the devisees, of the said Richard Maitland deceased, and their representatives; and to seal execute and deliver, good and sufficient deeds and conveyances, to the purchaser or purchasers of such real estate; which sale, or sales, so made, and the deeds and conveyances for the |