New York (State).

The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le online

. (page 19 of 92)
Online LibraryNew York (State)The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le → online text (page 19 of 92)
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sand seven hundred and sixty nine, and pursuant to an agree-
ment entered into by three of the Agents of New York, the
Committee of Correspondence and the said John DeNoyellis
Esquire; and by four of the Agents of New Jersey the Sum of
two hundred and fifty six Pounds elef en Shillings and ten Pence
one farthing.

UNTO the said John De Noyellis Esquire for his Attendance
and Exx>ences in New York during the Negotiation of the said
Agreement from the twenty third Day of January one thousand
seven hundred and seventy, to the twenty seventh Day of April
following being ninety seven Days the sum of seventy seven
Pounds twelve Shillings.

UNTO John Cruger Esquire Speaker of the General Assembly
to be laid out in the necessary Repairs about Fort George in this
City, the House therein, and for Removing the Barracks out of
the said Fort, and erecting them on some other place a Sum
not exceeding twelve hundred and seventy five Pounds.

UNTO Simon Metcalfe for his Services and Expences in Sur-
veying running and marking out a Line of Boundary between this
Colony and the Indian Country pursuant to an Agreement made
with the Indian Nations at a Treaty held at Fort Stanwix in the



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LAWS OF THE COLONY OP NEW. YOBK. 1831

Tear one tlioasand seyen hundred and sixty eight the Sum of
two hundred and fifty Pounds including one hundred Pounds
which was paid him by the Treasurer in consequence of a Vote
of the General Assembly made in the Year one thousand seven
handred and sixty eight.

' UNTO his Excellency the Govemar or Commander in Chief
for the Time being to defray the Expence of keeping two Inter-
preters and two Smiths at Niagara and Detroit in the Year one
thousand seven hundred and seventy, the Sum of two hundred
Pounds agreeable to a Besolution of the General Assembly the
twenty fourth Day of January one thousand seven hundred and
seventy.

UNTO his Honor the'Lieutenant Governor Cadwallader Golden
Esquire for Money paid to Michael Cummins for discovering the
Publisher of the Paper signed a Son of Liberty pursuant to a
Besolution of the General Assembly of the Nineteenth Day of
December one thousand seven hundred and sixty nine the Sum
of one hundred Pounds.

AND BE IT ENACTED by the Authority aforesaid, That the
Treasurer shall, and he is hereby directed to keep exact Books
of his several Beceipts and payments in virtue of this Act, and
shall render true and distinct Accounts thereof upon Oath to his
Excellency the Governor or Commander in Chief for the Time
being, the Council, or the General Assembly when by them or
any of them thereunto required.

[CHAPTEB 1476.]

[OVapter 147« of Van Sclmack, where the net is printed to full. Bee
chapters 1188, 1481. This act not of force nntll an act Blmllar to this Is
passed by the Legislature of Kew Jersejf nor until both acts were con-
firmed b7 the king.]

An Act for establishing the Boundary or
Partition Line between the Colonies of New
York and Nova Caesarea or New Jersey, and
for confirming Titles and Possessions.

[Passed, February 16, 1771.]
WHEREAS the Boundary or Partition Line between the Colo-
nies of New York and Nova Caesarea or New Jersey from the
station on Hudsons Biver to the station on Delaware Biver not
being duly ascertained, and the Extent of their respective Juris-
dictions remaining uncertain and the due and regular Adminis*

24



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180 LAWS OP THE COLONY OP NEW lORK.

tratlon of Government In both Colonies being by tbat means
greatly obstructed; the respective Legislatures of both tlie said
Colonies did by Acts for that purpose passed concur in submit-
ting the Title and property of the Lands affected by tlie said
Boundary or Partition Line in both Colonies to such a method
of Decision as his most Gracious Majesty should think proper
by his Koyal Commission or otherwise to institute and appoint,
of which Acts his Majesty was pleased to declare his approba-
tion, and by his Royal Commission under the Great Seal of
Great Britain bearing Date the seventh Day of October in the
seventh Year of his Beign did authorize and appoint certain
Persons therein named or any five of them to be his Majesty's
Commissioners for ascertaining settling and determining the
Boundary aforesaid between the said two Colonies. AND
WHEREAS a sufficient Number of the Commissioners named in
the said Commission on the seventh Day of October in the Year
of our Lord one thousand seven hundred and sixty nine did
determine that the Boundary or Partition Line between the said
Colonies of New York and New Jersey should be a direct and
Straight Line from the Pork or Branch formed by the Junction
of the Stream or Waters called the Nahackamack with the River
called Delaware or FishKill in the Latitude of forty one Degrees,
twenty one Minutes and thirty seven Seconds as found by the
Surveyors appointed by the said Commissioners to a Bock on
the West Side of Hudson's Biver marked by the said Surveyors
in the Latitude of forty one Degrees being seventy nine Chains
and twenty seven Links to the Southward on a Meridian from
Sneyden's House formely Corbets; from which Determination
the Agents for both the said Colonies appealed to his Majesty in
his privy Council. AND WHEBEAS several Tracts of Land to
the Northward of the said Partition Line so decreed by the said
Commissioners have been heretofore taken up or sold and hitherto
and still are held and possessed by virtue of Titles derived from
and under the Government of New Jersey or the General Pro-
prietors of the same or some or one of them to wit, One Tract of
Land on the sixth Day of November one thousand seven hundred
and eighteen, Surveyed and afterwards returned for John
Decker for one thousand Acres with the usual Allowance for
Highways; Another Tract on the eleventh Day of October one
thousand seven hundred and eleven surveyed and afterwards



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LAWS OP THE COLONY OP NEW YORK. 187

returned for William Tidsworth for three hundred and fifty
Acres with the usual Allowance for Highways. Another Tract
cnjL the twenty ninth Day of July one thousand seyen hundred and
thirty one surveyed and afterwards returned for Samuel Green
for seven hundred and eighty three Acres with the usual Allow-
ance for Highways and two other Tracts of Land mentioned to
contain together five hundred Acres besides the usual allow-
ance for Highways surveyed and returned for Johannes West-
phalia, Clause Westphalia, Simon Westphalia, Tunis Quick,
Bemora Quick, and Cornelius Doutcher, only about one hundred
Acres of which last mentioned two Tracts are now held and
possessed by virtue of the said Survey the remainder thereof
being now held and possessed by Persons claiming under the
Colony of New York; Another Tract of Land at the North East
End of the Long Pond surveyed and returned for or at . the
Bequest of Peter Schuyler, containing four hundred and two
Acres and forty nine hundredths of an Acre strict Measure
which after Allowance for Highways was to remain for three
hundred and eighty three Acres and thirty two hundreths of an
Acre. And also another small Tract of Land surveyed the
twelfth Day of July one thousand seven hundred and sixty three?
for John and Gertrude Schuyler situate adjoining the Tract last
abovementioned and containing thirteen Acres and fifty nine
hundreths of an Acre; Several other Tracts of Land sold and
conveyed by the Devisees of James and Mary Alexander to sun-
dry Persons on the thirteenth Day of December one thousand
seven hundred and sixty two, to wit, to Elijh Inman one hundred
and one Acres and seven hundreth Parts of an Acre, to Hannah
Fargeson, one hundred and twenty three Acres and fifty one hun-
dreth Parts of an Acre, to <>eorge Kimber one hundred and si3f;ty
one Acres and seventy four hundreth parts of an Acre, to
Hezekiah Lorin ninety seven Acres and fourteen hundreth Parts
of an Acre, to Inman Walling sixty six Acres and ninety three
hundredth parts of an Acre, to Benjiamin Van Vleet one hundred
and four Acres and thirty five hundreth Parts of an Acre, to
Bryant Hammell one hundred and thirty five Acres, to James
Clerk one hundred and four Acres and fifty six hundreth Parts
of an Acre, to Jacobus Bosekrans one hundred and seventy three
Acres and thirty five hundreth Parts of an Acre, to Johannes
Westbrook one hundred Acres, to John Davis one hundred and
fifty two Acres, to Jacob Middagh two hundred and thirteen



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188 LAWS OP THE COLONY OF NEW YORK.

Acres and seyenty six handreth Parts of an Acre, and to Joslas
Cole one hundred Acres, and another Tract of fifty Acres sold
and conveyed by Andrew Johnson to George Kember on ^ the
eighth Day of August one thousand seven hundred and fifty nine,
a Part of which lies to the Southward of the said Partition Line,
Another Tract of eighty seven Acres and fifty six hnndreth
Parts of an Acre sold and conveyed by Benjamin Thompson to
Johannes Westbrook on the fourth Day of May one thousand
seven hundred and sixty three, two other Tracts of Land sold
and Conveyed by James Alexander, William Burnet and James
Parker to Richard GTardner on the thirtieth Day of March one
thousand seven hundred and fifty three, the one Tract containing
one hundred and seventy Acres, and the other eight Acres
another Tract of forty Acres and sixty three hundreth Parts of
an Acre sold and conveyed by the Devisees of James and Mary
Alexander to the said Richard Gardiner on the third Day of Janu-
ary one thousand seven hundred and sixty three, and another
Tract of one hundred and seventy three Acres sold and conveyed
by the said Devisees of the said James and Mary Alexander to
Joseph Earton on the sixteenth Day of December one thousand
seven hundred and sixty two. Part whereof lays to the Southward
of the said Partition Line; another Piece of Land containing
about one Acre, sold and conveyed by David Ackerman to
Jacobus* Van Boskirk on the twelfth Day of February one thou-
sand seven hundred and sixty two also several other Tracts of
Land purchased surveyed and located for the Proprietors of the
Sterling Iron Works to wit, one Tract containing fifty Acres
surveyed the tenth Day of November one thousand seven hun-
dred and thirty six to Cornelius Board and Timothy Ward, six
small Tracts containing in the whole twenty seven Acres and
seventy two hundreths of an Acre surveyed the twelfth Day of
February one thousand seven hundred and thirty eight, to the
said Board and Ward, six other Tracts of Land containing in the
whole three hundred and seventy one Acres and fifty three hun-
dreths of an Acre surveyed the twenty third Day of July one
thousand seven hundred and forty to Timothy Ward William
Smith and Company, and another Tract of ten Acres and eight
tenths of an Acre surveyed the twenty ninth Day of November
one thousand seven hundred and fifty seven to William Haux-
hurst, three other Tracts of Land containing in the whole one
hundred and thirty one Acres and twenty five hundreths of an



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LAWS OF THE COLONY OF NEW. YOBK. 188

^cre rorreyed to Jaines Bnrling the seventeenth Day of May one
thousand seven hundred and fifty, and another Tract coataining
ten Acres and twenty nine hundreths of an Acre surveyed to
William Hauxhurst the twentieth Day of July one thousand seven
hundred and sixty one, one other Tract of Land sold and conveyed
to John Barberie and Peter Fauconier to John Sobrisco on the
sixth Day of November one thousand seven hundred and twenty
four containing six hundred and thirty Acres, one other Tract
of Land sold and conveyed by Magdalen Valleau to Coenrad Wan-
nemaker on the twenty third Day of May, one thousand seven
hundred and fifty three containing one hundred and five Acres:
One other Tract of Land sold and conveyed by Bichard Gardner
to Elijah Beeve on the eighth Day o^ June one thousand seven
hundred and sixty two containing one hundred and twenty seven
Acres and forty eight hundreths of an Acre, also three other
Tracts of Land surveyed the thirteenth Day of April one thou-
sand seven hundred and sixty eight to William Hauxhurst con-
taining one hundred Acres and ninety eight hundreths of an
Acre strict Measure after the usual Allowance for Highways.
AND WHEBEAS several other Tracts of Land to the South-
ward of the said Partitic^i Line so decreed by the said Commis-
sioners, have been heretofore patented and hitherto and still are
held and possessed by virtue of Titles derived under the Govern-
ment of New York to wit, sundry Tracts of Land included in the
following Bounds, Beginning at the aforesaid Bock on the West
Bide of Hudson's Biver in the Latitude of forty one Degrees and
runs from thence southerly along Hudson's Biver to the South
East Corner of the Land now. in the possession of Mattys Bogert,
and from thence Westerly along the south Side of the said
Mattys Bogert's Land and along the Lines of the Lands now In
the possession of Isaac Westervelt and Gerrit Westervelt to the
Tene Kill and then along the said Kill to the Dwars Kill, and
from thence along the said Dwars Kill to Demerest's Kill or
Hackinsack Biver, and from thence along the said Biver to the
Mouth of Pascack Biver, and then along the said Pascack Biver
till it comes to the Lands of David Demerest whereon the said
Demerest's Mill stands, and then Westerly round his Lands and
including the same to the said Pascack Biver and then along the
said Pascack Biver to the said Partition Line decreed as afore-
said and then along the said Partition Line to the Place of begin-
ning; and another Tract of Land sold and conveyed by Benjamin



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IdO . LAWS OF THE COLONY OF NEW TOEK.

Ask and Lancaster Syms to Thomas Dekay containing one thon-
sand three hundred and twenty Acres, Part of which lies. to the
Northward of the said Partition Line: And two other Tracts of
Land sold and conveyed by Hendrick Van DeLinde to Frederick
Ortendike by Deed bearing Date the thirtieth Day of May one
thousand seven hundred and thirty five the one containing two
hundred and eighty five Acres, and the other containing one
hundred and eighty Acres; and another Tract of Land sold by
Abraham Vanhome and Catharine his Wife, to John Pasheur
and Cornelius Haring by Deed bearing Date the twenty second
Day of May one thousand seven hundred and fifty two containing
one hundred and eighty five Acres be the same more or less;
And another Tract of land sold and conveyed by Samuel Ver-
bryck and Susannah his Wife to John Pasheur by Deed bearing
Date the nineteenth Day of May one thousand seven hundred
and fifty nine containing two hundred and sixty five Acres and
three fourths of an Acre good Measure, Part whereof lies to the
Northward of said Partition Line: And another Tract of Land
sold and conveyed by Benjamin Van DeLinde to William Haldron
by Deed bearing Date the eighteenth Day of December one thou-
sand seven hundred and sixty containing two hundred and fifty
eight Acres; and another Tract of Land being the remainder
of the unsold Lands of so much in Samuel Bayard's Patent as is
contained in a Deed from Hendrick Van DeLinde to Roelof Van
De Linde, Benjamin Van De Lindeand Samuel Verbryck, bearing
Date the thirtieth Day of June one thousand seven hundred and
sixty; And another Tract of Land sold and conveyed by Robert
Campbell to Andries Pieterson by Deed bearing Date the twenty
first Day of August one thousand seven hundred and sixty two,
containing one hundred and fifty Acres: And another Tract of
Land sold and conveyed by Henry Van DeLinde and Ariaentje
his Wife to Abraham Post by Deed bearing Date the twelfth
Day of January one thousand seven hundred and sixty contain-
ing one hundred and fifty Acres: And another Tract of Land sold
and conveyed by Benjamin Van DeLinde to Gerret Ackerson
and Gerret Haring by Deed bearing Date the fourth Day of May
one thousand seven hundred and fifty nine containing three hun-
dred and forty eight Acres: And also a Piece of Land now in the
Possession of William Bayard Esquire being Part of a Tract of
Land formerly granted by Letters Patent under the Great Seal



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LAWS OP THE COLONY OP NEW Y0E2. 191

of the Province of New York to Daniel Honan and Michael
Hawden lying adjoining to the South Bide of the said Partition
Line, and bounded to the South East by the Land in Possession
of Joim Fasheur, and to the South West by the Land in the
Possession of William Haldron. AND WHEREAS it is con-
ceiyed just and equitable that the present Possessors of the said
Lands on each Side of the said Partition Line, who have not only
purchased the same for a valuable Consideration, but many of
them have laid out all their Substaiice in the Improvement
thereof should be secured in the Enj:.yment of the Fruits of their
Labour and Industry.

i^E IT THEREFORE ENACTED by his Excellency the Gov-
ernor, the Council and the General Assembly, and it is hereby
Enacted by the authority of the same That the said Partition Line
BO decreed by the said Commissioners is and shall forever here-
after remain and be the Boundary and Line of Partition between
this Colony and the Colony of New Jersey.

AND BE IT FURTHER ENACTED by the authority aforesaid
That Samuel Gale, William Wickham and John De Noyellia
Esquires, or any two of them shall be and hereby are appointed
Commissioners to join with such as may be appointed on the
Part of the Colony of New Jersey to ascertain and mark the said
Partition Line so that it may be sufficiently known and distin-
guished, and the said Commissioners are hereby directed and
required to mark the beforementioned Rock on the West Side of
Hudson's Ri%'*r marked by the Surveyors in the Latitude of forty
one Degrees with a Straight Line throughout it's Surface, pass-
ing through the Place marked by the Surveyors, and with the
following Words and Figures to wit LATITUDE 41* NORTH,
and on the South Side thereof the Words NEW JERSRY, and
on the North Side thereof the Words NEW YORK, and to mark
every Tree that may stand in the said Line with five Notches and
a Blaze on the North West and South East Sides thereof, and to
put up Stone Monuments at one Mile distance from each other
along the said Line, and to number such Monuments with the
Number of Miles the same shall be from the beforementioned
marked Rock on the West Side of Hudson's River, and mark the
Words NEW JERSEY on the South Side and the Words NEW
YORK on the North Side of every the said Monuments: the one
half of the Expence whereof shall be paid by this Colony, out of
any Monies which may be in the Treasury upon Warrant to be



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192 LAWS OP THIS COLONY OP NEW YORK.

issued by the GoTernor or Commander in Chief of this Colony for
the Time being with the advice and Consent of his Majesty's
Council, Provided the Sum so to be drawn for, does not exceed
the Sum of one hundred Pounds.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the several and respective Patentees, Vendees, Pos-
sessors and Claimants of all and every the said Tracts of Land to
the Northward of the said Boundary or Partition Line which are
now held and possessed in virtue of Titles derived under the
Government of New Jersey as above described, and their Heirs
and Assigns shall severally hold and forever enjoy the Property
of all, and any, and every of the said Tracts of Land so as afore-
said respectively purchased and possessed as fully and in the
same Manner to all Intents and purposes whatsoever as if the
same had by virtue of this Act beer determined to be within the
Colony of New Jersey, without any Let, Suit, Disturbance or
Molestation of any Person or Persons claiming or to claim by
from or under any Patent or Patents or by virtue of any Title
derived under the said Government of New York.

PROVIDED ALWAYS and be it further Enacted by the
Authority aforesaid. That it shall and may be lawful to and for
any Person or Persons claiming Titles under the said Government
of New Jersey, or the General Proprietors of the same or some
or one of them to any of the aforesaid Lands or Tenements hereby
intended to be secured to the Purchasers and Possessors under
the said Government of New Jersey to the Northward of the said
Boundary or Partition Line, to commence, sue, prosecute and
maintain any Writ, Suit, or Action for the Recovery of their
Rights, This Act being only designed to confirm the Titles to
such Lands to the Northward of the said Partition Line as are in
Manner aforesaid actually held and possessed under the Govern-
ment of New Jersey, against all Claims of any Person or Persons
Claiming or to Claim by virtue of any Title or Titles derived
under the said Government of New York, but not to determine
the particular Rights of the Claimants of such Lands under the
Government of New Jersey.

PROVIDED ALWAYS that this Act shall not be in force or
take Effect until the Governor or Commander in Chief for th6
Time being, the Council and the General Assembly of the Colony
of New Jersey do pass an Act similar to this Act and thereby
confirm the Titles of such Persons as hold Lands under the



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(LAWS OF^THE COLONY OF NEW. YORK. ,199

CFoTernmenf of New York to tlie Southward of tlie said Partition
Line in the same Manner as those holding Lands under the
GoTemment of New Jersey to the Northward of the said Line aPo
hereby secured, nor until his Majesty shall have given his Royal
lAssent both to this Act, and such other Act to be passed by the
Governor or Commander in Chief for the Time being, the Council
and the General^ Assembly of the Colony of New Jersey as
aforesaid

(CHAPTER 1477.}

^ [Chapter 1477 of Van Schaack, where the title only Is printed. Expired
the 1st of January, 1772; provided for bj chapter 1510.]

An Act to amend an Act intitled. "An

*'Act for the Inspection of Sole Leather

. ^ within tho «ity of New York."

[Passed, February 16, 1771J

WHEBEAS by Part of the fourth Section of the Act intitled.

■• An Act for the Inspection of Sole Leather in the City of New

■'York," it is therein provided, **that all Sole Leather which

•* shall not bear the Inspection aforesaid may be used for any

** other purpose except being worked up into Shoes, Boots, and

^ Buckets, provided the same be marked by any of the Inspectors

•'aforesaid with his Name and the Letter B. who are thereby

* required to keep a proper Instrument for that purpose," AND
(WHEREAS the same has not been found to answer the good
(Purposes thereby intended.

• BE IT THEREFORE ENACTED by his Excellency the Govern
nor the Council and the General Assembly, and it is hereby
(Enacted by the Authority of the same. That all Sole Leather
iwhich shall not bear the Inspection as in the said Act is directed
may be used for any other Purpose except being worked up into
Choes, Boots, and Buckets provided the same be marked by either
of the Inspectors aforesaid with his Name and the Letters BAD,
iwho are hereby required to keep a proper Instrument for that
Purpose. And if any Person or Persons shall presume to work
op into Shoes, Boots or Buckets, such Sole Leather as shall be
marked with the Letters BAD as aforesaid he or they so offend-
ing shall forfeit and pay for every Offence the Sum of ten Pounds
to be sued for, recovered and applied, as in the said Act is
directed, anything in the said Act contained to the contrary
notwithstanding.

Vol. V. 85



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IM LAWS OP THE COLONY OF NEW TOBK

[CHAPTER 1478J •

[Chapter 1478 of Van Scluuick, where the act Is printed la fall. Set
Chapter ISOSJ

!A.n Act to revive an Act intitled **An Act
*fop the better Determination of personal
^ Actions depending upon Accounts."

[Passed, February 16, 1771J
IWHEEEAS an Act intitled '* An Act for the better determina-
"tion of Personal Actions depending upon Accounts." passed
the thirty first Day of December one thousand seven hundred
and sixty eight expired by it's own Limitation on the first Day of
January, one thousand seven hundred and seventy one, and the
■ame having been found very useful and necessary.

BE IT THEREFORE ENACTED by his Excellency the Gover-
nor, the Council and the General Assembly, and it is hereby
^nncted by the Authority of the same, That the above mentioned
Act intitled " An Act for the better determination of Personal
^Actions depending upon Accounts." shall be, and hereby is
revived, and evefy Article, Matter and Clause therein contained
enacted to be and remain in full force, from the Publication
hereof until the first Day of February, which will be in the Year



Online LibraryNew York (State)The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le → online text (page 19 of 92)