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Of the committee of claims, on the bill entitled “An act amendatory of the ‘Act for the relief of the heirs of Christian Guthrie,’” with the amendments of the Senate thereto.
The committee on claims, to which was referred the bill entitled “An act amendatory of the ‘Act for the relief of the heirs of Christian Guthrie,’” with the amendments of the Senate thereto,
The Senate propose to strike out the first and only section of the bill, as it passed this House, and to substitute two sections, the first of which adopts the principle sanctioned by this house, and applies it to three of the persons claiming to be heirs, instead of all the heirs. Your committee prefer the provision made by this House, as more general in its terms, and in their view more clear and explicit, and better calculated to make a final disposition of this claim. The second section proposed by the Senate, provides that Abel Guthlie, one of the claimants, shall receive a patent for the residue of the land not granted, pursuant to the first section, and shall hold the same in trust for the heirs not yet discovered. This question was considered by your committee, when this claim was originally referto them, and they could not then perceive, nor have they been able since to discover any reason, why the State of New-York would not be as safe a trustee for the unknown heirs, as Abel Guthrie or any other individual. Whether he would have a right to dispose of the property so held in trust, and if he should do so, whether the persons interested in the execution of the trust, would have a claim
upon the State for the consequences of an abuse of the authority [A. No 146.] 1
granted, are questions which obviously suggest themselves, but which your committee do not deem it necessary to discuss.
Your committee therefore recommend to the House, not to concur in the amendments proposed by the Senate.
There is another question presented, which the committee suppose it their duty to notice. The amendments proposed by the Senate purport to have been passed by a majority of that body. It seems to your committee, that the facts of this case, as it is now presented, have not been adverted to. The claim now is not for a remuneration in bounty lands for services in the revolutionary war. The land was granted by the land-office, to Christian Guthrie, and consisted of lot ninety, in Milton. The claim for bounty lands has therefore been satisfied. But the land has been escheated to the State, by regular proceedings for that purpose, and the petitioners now ask for relief from the escheat. It is wholly immaterial in what manner the original title was acquired, whether by grant srom the State or from an individual; that title has been legally escheated, and relief is asked on the ground that the heirs of Guthrie were ignorant of the provision made in their favor, and, of course, ignorant of the proceedings in escheat. It seems to your committee, that a knowledge of the nature of the application, is all that is necessary to satisfy any one, that the original act for the relief of the heirs of Guthrie, and the amendatory bill under consideration, both provide a gratuity for these heirs, to remunerate them for the loss sustained by the escheat, and are therefore bills for private purposes, within the meaning of the constitution.
Your committee recommend to the House the adoption of the
Resolved, That in the opinion of this House, the bill entitled “An act amendatory of the ‘Act for the relief of the heirs of Christian Guthrie,’” is a bill for a private purpose, and requires the votes of two-thirds of the members elected to each branch of the Legislature, to pass the same, and that the amendments of the honorable the Senate to the said bill, are of the same character,
and require the same vote to pass them.
Resolved, That the said bill, with the amendments thereto, be returned to the honorable the Senate, with the foregoing resolution.
Of Isaac Sherwood, an Inspector of Sole Leather in and for the city and county of New-York.
Isaac Sherwood, inspector of sole leather for the city of NewYork.
RESPECTFULLY REPORTS :
That he has inspected since the 19th day of 4th mo. last, the day he received his commission,
50,350 sides of good and best sole leather averaging about 15 lbs. per side making 755,250 lbs. at the average value of 21 cts per lb.......... $158,602 50
12,488 sides of bad and damaged, wt. 187,320 lbs. valued at 15 cts, which amounts to, ........ 18,098 00
62,838 $176,700 50
Fees for inspecting 62,838 sides at 2 cents, is........ $1,256 56 Paid for labors, . . . . . . . . . . . . . . . . . . . . . . ............ 550 16