tate is in and applied as by the said will and testament the personal estate of the said Jonathan Blake deceased, is directed to be disposed of and applied. And if the monies that may arise by the sale or sales of the whole Mortgages real and personal estate of the said Jonathan Blake deceased should not to have preferbe sufficient to discharge the monies due to the creditors the said Jane ence, if es Blake Daniel Dunscomb Daniel Niven and John Elliott or any three solvent. of them shall out of the monies to arise by such sale or sales pay the debts due on mortgage or mortgages as the law directs and divide the residue among the remaining creditors in proportion to their respective just demands against the said estate, preferring debts due on specialties to those due on simple contracts. named to cery. And be further enacted by the authority aforesaid That the said trus- Trustees tees shall before they exercise any of the powers to them hereby given, nie a bond file in the Court of Chancery a bond to the register or one of the clerks in chanof the court in such penalty as the chancellor shall think fit, with a condition that they the said trustees will well and faithfully discharge the trust and powers in them by this act vested, and render a just and true account of the said estate when thereunto lawfully required. And be it further enacted by the authority aforesaid, That the trustees Trustees appointed by this act shall have the same power to cite any of the cred- to have itors of the estate of the said Jonathan Blake deceased within the to cite description of the fourth clause of the act entitled An act relative to before any debts due to persons within the enemies lines, passed the 12th day of court, etc. July 1782, before any court of law within this State to have a settlement of the debt of the said creditor or creditors, and to make payment agreeable to the mode prescribed by the said act, as fully and effectually as the said Jonathan Blake would have had in case he was now living. CHAP. 6. AN ACT for the establishment of a custom house. PASSED the 18th of November, 1784. WHEREAS the establishment of a custom house, and the appointment of proper officers for the regular collection of the impost is neces sary. full power creditors of customs for the Be it enacted by the People of the State of New York represented in Collectors Senate and Assembly, and it is hereby enacted by the authority of the same, ef bap That it shall and may be lawful for the governor or person administer- pointed ing the government, of this State for the time being, by and with the ports of advice and consent of the council of appointment, from time to time to New York appoint one collector for the port of New York, one collector for the Harbor; port of Sagg Harbour, one surveyor and searcher for the port of New also other York, one or more guagers, one or more weighmasters, and as many officers. land and tide waiters within this State as to the said council shall appear necessary. and Sag customs of vessels collectors. And be it further enacted by the authority aforesaid That it shall Registers and may be lawful for either of the collectors of the customs for the to be time being, to grant registers to such owners or proprietors of vessels, granted by being subjects of any of the United States, or their representatives, who shall apply for the same; provided that the vessel for which such register shall be required be at the time actually within the jurisdiction of this State; and provided also that previous to the issuing any such register the person or persons who as aforesaid shall apply for the same, Oath to shall subscribe his or their name or names to the said register, and take I person ap- that the plying for registry. Clearances to be granted. Certain vessels need not try at cus called the of being a tons, or thereabout, was built in and that And be it further enacted by the authority aforesaid, That it shall and may be lawful for the said collectors to grant clearances in such form as they shall devise for that purpose, for such ships or other vessels as shall from time to time sail from the port of New York, or of Sagg Harbour, which clearances shall be subscribed by the said collectors respectively. And be it further enacted by the authority aforesaid, That nothing in this act contained shall be construed to compell any master of any vesmake en sel of less than the burthen of twenty tons which shall arrive from or tom house. be bound to any port or place in the United States, or of any vessel which shall be bound from the said port of New York, or the port of Sagg Harbour to any other place in this State, or from any other place in this State to the said port of New York to make entry in the manner herein after mentioned, unless such vessel arriving at the said port of New York or port of Sagg Harbour shall have any goods wares or merchandizes on board subject to the payment of duties and for which the duties have not been paid. Fees of collectors for enter clearing And be it further enacted by the authority aforesaid That the following and no higher fees shall be demanded or received by the collector that ing in and is to say, for entering inwards and clearing out any vessel the property out vessels. of any of the citizens of the United States of the burthen of one hundred and fifty tons or upwards the sum of three pounds, for entering and clearing out any vessel the property of any of the citizens of the United States under the burthen of one hundred and fifty tons, and above seventy tons the sum of one pound ten shillings; and for entering and clearing any vessel the property of any of the citizens of the United States of less burthen than seventy tons sixteen shillings; for entering and clearing out any vessel other than the actual property of citizens of the United States of the burthen of one hundred and fifty tons or upwards, the sum of five pounds; for entering & clearing out any vessel other than the actual property of the citizens of the United States under the burthen of one hundred and fifty tons the sum of three pounds; for every vessel belonging to citizens of any of the United States which shall arrive at the port of New York or port of Sagg Harbour and shall only report their vessel at the custom house, without entering or unlading any part of the cargo, the sum of two pounds; and for every vessel not belonging to citizens of any of the United States which shall so only report their vessels at either of the custom houses without entering or unlading any part of the cargo, the sum of four pounds; for every permit or let pass the sum of two shillings for every bond the sum of three shillings, and for every certificate the sum of two shillings. Collectors to take oath of office. And be it further enacted by the authority aforesaid, That the collectors to be appointed by virtue of this act before they enter upon the execution of their respective offices shall take the following oath (or if of the people called Quakers affirmation) before one of the judges of the I do Form of supreme court or one of the judges of the inferior court of common oath. to enter into bonds. And be it further enacted by the authority aforesaid, That the collector Collectors for the port of New York before he enters upon the execution of his office shall give bond with four or more sufficient freeholders to the treasurer of this State in the sum of twenty thousand pounds, and the collector for the port of Sagg Harbour before he enters upon the execution of his office shall give bond with two or more sufficient freeholders to the treasurer of the State in the sum of two thousand pounds, with condition that such collectors respectively shall well and faithfully execute and perform all and singular the duties and services required of them in and by this act according to the true intent and meaning thereof. and office. And be it further enacted by the authority aforesaid, That the surveyer Surveyor and searcher before he enter upon the execution of his office, shall take searcher, the following oath (or if of the people called Quakers affirmation) oath of before the mayor recorder or one of the aldermen for the city and County of New York vizt. I appointed surveyer and searcher for the port of New York do solemnly swear (or if of the people called Quakers affirm) that I will well and faithfully execute the office of surveyer and searcher, so help me God. masters oaths of And be it further enacted by the authority aforesaid, That the weigh- Weighmasters and guagers before they enter upon the execution of their and respective offices shall take and subscribe the following oath or affirma- gaugers, tion before the mayor recorder or any justice of the peace; that is to office. say, the guagers shall take the following oath or affirmation vizt I appointed guager for the port of do solemnly swear, (or if of the people called Quakers affirm) that I will well and faithfully execute the office of a guager, and that I will make true and exact returns to the collector of all liquors subject to duty that shall be by me guaged or computed; and the weighmasters shall take the following oath or affirmation vizt. I appointed weighmaster for the port of do solemnly swear (or if of the people called Quakers affirm) that I will well and faithfully execute the office of weighmaster, and that I will make true and exact returns to the collector of all goods subject to duty, which shall be by me weighed so help me God. vizt. I tide wait And be it further enacted by the authority aforesaid, That the land and Land and tide waiters to be appointed in pursuance of this act, before they enter ers, oath upon the execution of their respective offices shall take and subscribe of office. the following oath or affirmation before the mayor recorder or one of the aldermen in the city of New York, or any one justice of the peace, appointed land and tidewater do solemnly swear, (or if of the people called Quakers affirm) that I will well and faithfully execute the office of a land and tidewaiter and that I will regularly attend all vessels having on board goods wares or merchandize subject to duty which I shall be directed by the collector or surveyor and searcher to attend; and that I will make true and exact returns of all goods wares or merchandize subject to duty on board of each such vessel, to the collector, so help me God. VOL. 2.2. Surveyor and searcher, And be it further enacted by the authority aforesaid, That the surveyor and searcher to be appointed by virtue of this act is hereby authorized duties of and directed to go on board of every ship or vessel coming into this port; and the said surveyor and searcher shall direct one of the land and tide waiters to go and continue on board of every such ship or vessel having on board goods wares or merchandize subject to duty, until such ship or vessel shall depart this port or is duly entered at the custom house, and for such longer time as the collector or surveyor and searcher shall think necessary and that the surveyer and searcher shall also report to the collector from time to time any delinquency he may discover in any of the land and tide waiters. Gaugers, duties of. Weighmasters, duties of. Fees of weighmasters and gaugers. And be it further enacted by the authority aforesaid That either of the guagers to be appointed in pursuance of this act shall guage all liquors imported into this State from time to time subject to duty in casks exceeding the quantity of fifteen gallons, and shall calculate the quantities contained in the casks of a less quantity and in cases, in such manner as he shall think best adapted to ascertain the same, and mark on each cask and case with marking irons after so guaged or computed the initial letters of his name, the quantity it would contain if full, and the wantage when guaged or computed; and that such guager shall from time to time make return to the collector of the quantities of liquors he has guaged or computed, the vessel out of which they were unladed, and the name of the master of each ship or vessel, and the name or names of the owner or owners of the liquors so guaged. And be it further enacted by the authority aforesaid That in all cases where the weight of any goods wares or merchandise shall not be ascertained at the custom house, upon the oath of the person or persons who shall make entry thereof, it shall be the duty of the weighmasters or one of them to attend when thereunto required by the collector, and weigh such goods and make a regular and specific report thereof, together with the name of the vessel (and of the master thereof) out of which they were landed. And be it further enacted by the authority aforesaid, That the owner or consignee of the liquors guaged or merchandize weighed as aforesaid shall pay the expence of the guaging or weighing and marking the same to such guager or weighmaster, as the case may be, at and after the rates following viz. For guaging and marking every but pipe hogshead or cask containing ninety gallons or upwards the sum of six pence, for guaging or computing and marking every cask or case of less quantity four pence, for weighing of every hundred weight of any merchandize the sum of three pence and that any guager or weighmaster who shall exact or take any greater tees than those herein before mentioned, shall for every offence upon conviction, forfeit and pay the sum of ten pounds with costs to be recovered before any of the justices of sive fees. the peace by any person who shall prosecute for the same, pursuant to the act entitled "An act to impower justices of the peace mayors recorders and aldermen, to try causes to the value of ten pounds or under and to repeal sundry acts therein mentioned" passed the 11th April 1782; and upon conviction be removed from office by the person administering the government of this State, by and with the advice and Salaries of consent of the council of appointment. Penalty for enact ing exces collectors, surveyor and searcher And be it further enacted by the authority aforesaid, That the treasurer of this State shall pay to the collector for the port of New York and land in quarterly payments at and after the rate of fifteen hundred pounds. per annum; to the collector for the port of Sagg Harbour at and after the rate of seventy five pounds per annum; to the surveyer and and tide waiters fixed. searcher at and after the rate of two hundred and fifty pounds per annum; to the land and tide waiters at and after the rate of ten shillings per day for every day they shall be in actual service, to be certified by the collectors respectively, or either of them, and the accounts to be audited by the auditor for the State, in full compensation of all services and expences whatsoever, to commence from and after the passing of this act, for the term of one year, out of any money in the treasury unappropriated. collector oath. And be it further enacted by the authority aforesaid, That the clerks Clerks to to be employed by the respective collectors by virtue of this act before to take they enter upon the duties of their office shall respectively take and oath. subscribe the following oath before the mayor or recorder or any of the aldermen or justices of the peace of any city or county in this State, vizt. I do solemnly swear (or if of the people called Quakers Form of affirm) that I will well truly and impartially execute the business of clerk to the collector of the port of and that I will at all times give the earliest information to the collector of all frauds, or of any attempts made by any person or persons to defraud the people of the State of New York of any duty imposed by the act entitled "An act for imposing duties on certain goods wares and merchandize imported into this State that shall come to my knowledge; and that I will not take or receive any other or greater wages gratuity or fees for my services as clerk than what I shall take of the said collector, so help me God; a copy of which oath or affirmation, so taken, shall be filed with the collector of the customs with whom such clerk shall serve. toms of lector to And be it further enacted by the authority aforesaid That it shall be All custhe duty of the several officers appointed to be appointed by virtue of fleers to this act to assist the collector in carrying the same into effect; to be assist colwatchful over all vessels which shall come into the respective ports to carry this which such officers shall be assigned; and to give information to the act into collector of all frauds committed or intended to be committed against the true intent and meaning thereof which shall come to their respective knowledge or which they shall have just cause to suspect. effect. CHAP. 7. AN ACT imposing duties on certain goods wares and merchandize imported into this State. PASSED the 18th of November, 1784. posed on wares and dize. Be it enacted by the People of the State of New York represented in Duties imSenate and Assembly, and it is hereby enacted by the authority of the same, certain That from and after the passing of this act, all such such goods wares goods, and merchandize as are herein after enumerated and mentioned which merchanshall be imported or brought into the State by land or water shall be subject to the duties and imposts herein after mentioned that is to say, every gallon of Maideira wine six pence, every gallon of wine of any other Various kind or quality three pence, every dozen of bottles of wine of any qual- rate of ity one shilling, every gallon of rum brandy or other distilled spirituous duty fixed. liquors imported in ships or vessels owned by citizens of this or of any of the United States two pence, every gallon of rum brandy or other distilled spirituous liquors imported into this State in vessels having. British registers, four pence, every pound of Bohea tea three pence, articles, |