fuficient to pay all the debts of the teftator or inteflate, the faid judge fhall cause the fame, after deducting all charges and expences, to be divided among the creditors, in proportion to their refpective debts, without giving any preference to bonds, or other fpecialties. Provided always, That before the Judge to give notice judge of the court of probates makes any fuch diftribution, he of fuch diftribution. fhall caufe at leaft three months notice of the time and place of making the fame to be given, by advertifing the fame in two or more of the public news-papers printed in this ftate, for fix weeks fucceffively. Pro

dexts.

No real estate to be vided always, That no part of the real eftate of any teftator fold until the perfonal or inteflate, fhall be ordered to be fold as aforefaid, until the eftate is applied towards the payment of executors or adminiftrators fhall have applied the perfonal eftate, or fuch part thereof as may have come to their hands, towards payment of the debts of fuch teflator or inteftate. And no more of the real eflate fhall be fold in any cafe, than may be neceffary to pay the refidue of the faid debts. Provided alfo, That nothing herein contained fhall be conftrued to prevent or bar any perfon from bringing or maintaining any fuit or action against any executor or adminiftrato, for or in refpect of the perfonal eftate of his or her teftator or inteflate, or for, or in reipect of any wafle or milapplication thereof by fuch executor or adminifrator.

ed, 13th feff. ch. 51.

Wills of real estates to be proved and re

of common pleas

IX. And be it further enacted by the au hority foreld, Explained & amend That in all cafes where any real ellate is or fhall be devited by any laft will or teflament, it fhall be lawful for the executors, or any other perfons interefled in fuch real eftate, ded in the courts if they, or any of them fhall think proper, to cauè fuch where fich eftatesie. laft will and teflament to be brought before the inferior court of common pleas, held in and for the county where fuch real estate is or fhall be fituated; and the faid inferior coun fhall caufe the witnesses to fuch laft will and teftament, to be exan.ined before the fame court, in open court; which examinations fhall be reduced to writing; and if it fhall appear to the fame court, that fuch laft will and tellament was duly executed according to law, and that the perfon who executed the fame, was, at the time of executing the fame, of full age, and of found mind and memory, and not under any reftraint, then the faid court fall order and direct the clerk of the fame court to record fuch lat will and teftament, together with the proof thereof fo taken in the faid court, in a book to be provided by the faid clerk for that purpofe. And further, That if the lands or real eftate fo deviled, are or fhall be fituated in feveral counties, then fuch last will and teftament fhall be proved in manner aforefaid, before the fupreme court, and recorded as aforefaid by the clerk of the fame fupreme court.

given to the heirs, be

examined.

X. And be it further enacted by the authority aftrefund, Notice thereof to be That neither the fupreme court nor any of the faid inferior fore the witheflès are courts, fhall proceed to examine the witneffes to the execution of any laft will and teflament, unle's it fall appear or be proved to fuch court, that due notice of fuch intention had been given to the heir or heirs of the teftator; or if fuch heir or heirs are not to be found within this flate, fixed up at the laft place of abode of fuch teftator, at leaît firteen days before fuch examination.

XI. And be it further enacted by the authority aforefaid, That it fall and may be lawful for the faid courts, and for each and every of the judges of the faid courts, to caufe the witnetics to all fuch laft wills and teflaments,

and all fuch other witnefs as any perfon interefted may defire to be fummoned, to appear before fuch court, to tellify what they fhall know concerning the premises: and if any fuch wine's fhall neglect or refufe to appear, the faid court fhall and may caufe fuch witness to be brought before the fame court, to be examined as a witness, touching the premies.

XII. And be it further enacted by the authority aforefaid, That every perfon, in whofe cuftody or power any fuch laft will and teftament is or fhall be, fhall, upon request, produce the fame before fuch court as he or she may be required, for the purpofe aforefaid, and when the fame fhall be proved and recorded as aforefaid, the original fhall be returned to the perion who brought it to the faid court, if fuch perfon defire it. And further, That if any perion in whofe cuftody or power any laft will or teftament is or fhall be, fhall refufe to produce and deliver the fame, then the faid court, before which fuch perfon ought to produce the fame, fhall and may commit fuch perfon to the common gaol, there to remain without bail or mainprife, until he or she shall produce and deliver fuch laft will and teflament to the fame court, or to one of the judges thereof.

proved, effectual.

XIII. And be it further enaled by the authority aforefaid, Records of wills fo That the records of the faid wills fo proved and recorded as aforefaid, fhall be as good and effectual in all cafes, as the original wills would be, if produced and proved.

XIV. And be it farther enaked by the au hority aforefaid, That the expence of proving and recording the laid wills, fhall be paid by the perfon applying to have the fame done, and the witnefies and officers fhall have the like fees for attendance and fervices in virtue of this act, as they are entitled to for the like attendance and fervices in other cafes.

XV. And be it further ena..ed by the authoaiy forefaid, That the judge of the court of probates fhall have and take for the fervices to be by him performed by virtue of this act, the following fees, to wit; For filing every petition, one fhilling; for making and entering every order, fix fhillings; for every citation, under feal, to witne fles, or for any other purpofes, fix fhillings; for every fentence, or decree, thirty hillings; for receiving and paying out all monies which may come into his hands in confequence of any fale by orRepealedrethieff: der of the faid court, a commiftion of † three per cent. for copies of all records and proceedings, when required, for each fheet confifting of one hundred and twenty-eight words, one shilling and fix-pence.

ch. 51. fec. 3.

CHA P. XL.

as a fubftitute for

New bills emitted At ACT for emitting the Sum of Two Hundred Thousand Pounds in Bills of Credit, for the Purpofes therein men tioned.

the fe emitted by this

act, rith feff. ch. 30.

Became a Law 18th April, 1786.

WHEREAS from the diftreffes occafioned by the late calamitous

war, the inhabitants of this ftate labour under great difficulties for

want of a fufficient circulating medium:

1. Be it enaded by the people of the fate of New-York, rerefented in fenale and affembly, and it is hereby enacted by the authority of the fame, That bills of credit, to the value of two hundred thousand pounds, current money of New-York, forthwith after the paffing hereof, be printed, as follows, (viz.

Six thoufand bills, each of the value of ten pounds; four thousand bills, each of the value of five pounds; fix thousand bills, each of the value of four pounds; ten thousand bills, each of the value of three pounds; ten thoufand bills, each of the value of two pounds; twenty-four thou and bills, each of the value of one pound; twenty thousand bills, each of the value of ten hillings; and forty-eight thousand bills, each of the value of five things: Upon which bills fhall be impreffed the arms of the ftate of New-Yo k, on the right fide of every of the faid bills; and the faid bills fhall be in the words following:

BY

Y a law of the ftate of New-York, this bill fhall be received in all payments into the treasury, for New-York, the

one thousand seven hundred and eighty-fix.

day of

Which bills fhall be numbered by Evert Bancker, Henry Remfen, Jonathan Lawrence, John De Peyfter and William Heyer, and figned by any two of them, and fhall, by fuch figners, be delivered to the treasurer of this ftate.

II. And be it further enacted by the authority aforefaid, That the faid figners are hereby directed and empowered, upon the delivery to them of the faid bills, by the printer thereof, to adminifter to him, and he is hereby directed to take an oath in the words following:

I

do folemnly fwear and declare, That from the time the letters were fet and fit to be put in the prefs, for printing the bills of credit now delivered by me to you, until the bills were printed, and the letters afterwards diftributed into the boxes, I went at no time out of the room in which the faid letters were, without locking them up, fo as they could not be come at without violence, a falfe key, or other art unknown to me; and therefore, to the best of my knowledge, no copies were printed off but in my prefence; and that all the blotters, and other papers whatsoever, impreffed by the faid letters, whilft fet for printing the faid bills, to the best of my knowledge, are here delivered to you, together with the ftamps; and in all things relating to this affair, I have well and truly demeaned myself, according to the true intent and meaning of the law in that cafe made and provided, to the best of my knowledge and understanding. So help me God.

Which printer hall have a copy of this oath, at the time he gets orders to print the faid bills, that he may govern himfeli accordingly. Provided always, That if any unforeseen accident happens, fuch printer may have liberty ake an exception thereof in fuch oath, declaring fully how fuch aunties ppened. And if any more of the faid bills are printed than by tities reis directed, when the faid Evert Bancker, Henry Remfen, Jonathan I whichce, John De Peyfler and William Heyer, or any two of them, have fed the number hereby directed to be iffued, they fhall immediately deAroy all the remainder.

III. And be it enacted by the authority aforefaid, That fuch perfon as the major part of the faid figners of the faid bills of credit fhall agree with, fhall engrave, according to the directions he fhall receive from the majority of the faid figners, fo many ftamps for the fides of the faid bills, and for the arms of this fate, as the majority of the faid figners fhall deem neceflary, and shall deliver them to the treasurer, who fhall, in the prefence of the majority of the faid figners, deliver them un.o Samuel Loudon, printer, and take his receipt for the fame: And when the faid Samuel Loudon has finished and completed printing the bills hereby directed to be ftruck and iffyed, he fhall

re-deliver the faid ftamps to the faid figners, who are hereby directed and re quired to feal them up with their feveral feals, and to deliver them to the treasurer, who fhall depofit the fame in the treasury of this ftate, there to remain until they fhall be ordered to be made ufe of by any future act of the legiflature; and the receipt of the faid treasurer to the faid figners, fhall be a fufficient difcharge for fuch delivery; but in cafe of the death, fickness or inability of the faid Samuel Loudon, to print the faid bills, then the majority of the faid figners fhall appoint another printer for the fervice aforefaid, in his place; which printer, fo appointed, fhall take the oath as above directed.

IV. And be it enacted by the authority aforefaid, That before the faid figners do receive any of the faid bills, they fhall (before any of the magif trates of the city of New-York) respectively take an oath, or (if of the people called Quakers) affirmation, well and truly to perform what by this act they are enjoined as their duty; and that they will not knowingly fign more bills of credit than fuch as are directed by this act.

deliver the quotas to

loan-officers of the fe

V. And be it further enalled by the authority aforesaid, The treasurer to That the faid treasurer fhall, out of the bills of credit fo figned and numbered as aforefaid, deliver to the loan-officers herein after mentioned, on producing the certificates of qualifications herein after directed, the fums and quotas following; to wit:

veral counties following.

To the loan-officers of the county of New-York, to and for the purposes herein after mentioned, the fum of thirty-two thoufand pounds.

To the loan-officers of the county of Albany, to and for the purposes herein after mentioned, the fum of twenty-two thousand pounds.

To the loan-officers of King's county, to and for the purposes herein after mentioned, the fum of four thousand five hundred pounds.

To the loan-officers of Queen's county, to and for the purposes herein after mentioned, the fum of eleven thousand five hundred pounds.

To the loan-officers of Suffolk county, to and for the purposes herein after mentioned, the fum of ten thousand pounds.

To the loan-officers of Richmond county, to and for the purposes herein after mentioned, the fum of four thousand five hundred pounds.

To the loan-officers of Westchester county, to and for the purposes herein after mentioned, the fum of nine thousand five hundred pounds.

To the loan-officers of Dutchess county, to and for the purposes herein after mentioned, the fum of feventeen thousand pounds.

To the loan-officers of Orange county, to and for the purposes herein after mentioned, the fum of ten thousand pounds.

To the loan-officers of Ulfter county, to and for the purpo

after mentioned, the fum of fourteen thousand pounds.

To the loan-officers of Montgomery county, to and for the pur herein after mentioned, the fum of twelve thousand pounds.

To the loan-officers of the county of Washington, to and for the purposes herein after mentioned, the fum of three thoufand pounds.

For which refpective fums the faid loan-officers refpectively fhall give receipts to the faid treafurer, indorfed on the clerk's certificate herein after directed; which receipts fhall be to the faid treasurer, his executors and adminiftrators, a fufficient difcharge, if otherwife he has well and truly performed the duty enjoined by this act.

VI. And be it further enacted by the authority aforefaid, That before the faid loan-officers do refpectively enter upon their faid office, every of them

fhall give bond to the people of the ftate of New-York, with fuch fufficient fecurity as shall be approved of by one or more of the judges of the inferior court of the county, together with a majority of the fupervisors of the fame county, and in the city of New-York, by any one or more of the judges of the fupreme court, fignified by figning fuch his or their approbation on the back of the faid bond, which bond fhall be in the full fum by this act committed to his charge, with condition for the true and faithful performance of his office and duty, and that without favour, malice or partiality.

VII. And be it further enacted by the authority aforejaid, That each loan. officer refpectively fhall take the following oath, or if of the people called Quakers, affirmation, viz.

I

will, according to the beft of my skill and knowledge, faithfully, impartially and truly demean myself in difcharge of the truft committed impar to me as one of the loan-officers for the of by the act, entitled, An act for emitting the fum of two hundred thousand pounds in bills of credit, for the purposes therein mentioned, according to the purport, true intent and meaning of the faid act, so as the public may not be prejudiced by my confent, privity or procurement.

Which oath or affirmation fhall be admiftered by any juftice of the peace, and indorsed on the back of the faid bond, and figned by fuch juftice and the loan-officer.

VIII. And be it further enacted by the authority aforefaid, That the aforefaid bond, indorfed with the approbation and affidavit or affirmation aforefaid, fhall be lodged with the clerk of the county, who, upon receipt thereof, fhall give the loan-officer a certificate that fuch bond, indorfed as aforefaid, is lodged with him; which certificate fhall be delivered to the faid treasurer, on his delivering to the loan-officer the bills of credit aforefaid: Which bond and indorsements shall be recorded by the clerk; and in cafe of the forfeiture of the fame bond, the majority of the fupervisors, with any one or more of the judges of the inferior court of fuch county, are hereby empowered to order the fame to be put in fuit, and the monies recovered by virtue thereof, fhall be applied to the ufe of the county,

of electing the loan

officers.

IX. And be it further enacted by the authority aforesaid, The time and mode That on the fecond Tuesday in May next, the judges of the inferior courts, or any one or more of them, together with See 9th fel. ch. 64. the fupervifors (or the majority of them) of the feveral counties refpectively of this ftate, fhall meet at the court-house of the counties refpectively, or if there be no court-houfe in any county, at the place at which the inferior court of common pleas has been held the term next preceding the paffing this act; at which place the majority of them fhall elect two futficient freeholders of their respective counties, to be loan-officers for the fame county, except in the county of Orange, in which county fuch meeting fhall be at the court-houfe in the New-City.

X. And be it further enacted by the authority aforefaid, Loan-officers to be That the loan-officers of the feveral counties, when electbodies pelit c and corporate, &c. ed, appointed and qualified according to the directions of this act, fhall refpectively be bodies politic and corporate, in fact and in law, by the name and ftile of the loan-officers of the county of which they are refpectively loan-officers, with full power to every the faid bodies politic, to ufe a common feal, and by the fame feal and in the name of fuch body politic, to grant receipts, receive mortgages, and again to grant the