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 44 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 44 of 92)
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City of New York to the Eastward and Northward of the said
Division or Boundary Line or Lines only excepted.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That all such Expences Costs and Charges as shall arise or
accrue in fixing ascertaining and running out the Boundary
Line or Lines of Division before mentioned or for or by reason of
any other Matter or Thing respecting the Execution of the Powers
given by this Act and other the Premises, shall be paid in equal
Proportions, (that is to say,) the one equal half Part or Moiety
thereof by the Mayor Aldermen and Commonalty of the City
of New York, and the other equal half Part thereof by the Town-
ship of Harlem, except all such Expences as have arisen, been
paid, or as shall hereafter arise or be paid by either the Mayor
Aldermen and Commonalty of the City of New York or the
Town ship of Harlem to their Counsel for advice in about or
any ways relating to the Settlement of the Boundary Line or
Lines aforesaid, PROVIDED ALWAYS and be it further
Eliacted that the settlement and Establishment of the said
Boundary Line or Lines, or any Matter or Thing to be done or
concerted in pursuance of this Act shall not operate or be con-
strued to lessen diminish or affect the Bounds Limits or Extent
of the said City of New York in point of Jurisdiction or to alter
abrogate or defeat any of the Powers Pre-eminences Privileges oc



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436 LAWS OF THE COLONY OF NEW YOLiK.

Immunities oyer or in resper^t of the said Township of Harlem^
which are vested in, or have ever lawfully lleen, or may be claimed
or exercised by the said Mayor Aldermen and Commonalty of the
City of New York in virtue of the respective Eoyal Charters to
them given & granted; but the same shall operate and be for ever
received and adjudged as an absolute and final Determination and
Establishment of the Right and Troperty of the Soil so in contro-
versy between the said Mayor Aldermen and Commonalty of the.
City of New York and all claiming or to claim by from or under
them, and the said Township of Harlem and all claiming or to.
claim by from or under the same, any Thing in this Act to the
contrary thereof in any wise notwithstanding.

AND BE IT FURTHER ENACTED by the Authority aforesaid
That John Livingston, John Sickels, David Waldron, John Nagle,
and John Myer, or the Majority of them who are appointed by the
Township of Harlem to be a Committee to manage th^said Con-'
troversy before the Commissioners aforesaid, shall and-may have
Authority to treat with them concerning the Satisfaction to be
made to the said Commissioners for their Trouble in the Execu-
tion of the Trust reposed in them by this Act, and shall enter into
a Bond to the said Commissioners to secure their Wages in such
Manner as the said Commissioners and Committee shall agree,
before the Commissioners shall proceed to hear any W^itnesses or
Proofs relative to the same Dispute, to the Intent that the said
Commissioners may be under no Bias of interest in the Execution
of the residue of the Trust herein after assigned to them.

AND for the defraying of all such Charges and Expences as
have accrued or shall accrue on the Part of the Township of
Harlem towards obtaining a final settlement of the Controversy
abovementioned.

BE IT FURTHER ENACTED by the same Authority That the
said Commissioners or the Majority or survivor of them shall
have Authority to adjudge and determine which of the Pro-
prietors of Lands in the said Township, are chargeable with, or
liable to contribute to any Part of the same Burthen, and in what
particular sum, of which they shall give a Certificate under their
Hands and seals and therein fix a Day for the payment thereof,
and the same Certificate and adjudication shall be final and con-
clusive to all parties therein named, and the several Sums so cer-
tified, shall be recoverable from the several Persons so certified
to be chargeable therewith by Action or Actions grounded
on this Act, in the Name of the said Committee or the Majority or



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LAWS OF THE COLONS OP NEW YORK. 437

Survivors of them in any Court of Law having Cognizance of bucK
Buit or Suits to the Intent that the said Committee may thereby
be reimbursed for all the Money they shall expend or be liable for,
in the Service aforesaid, and if the said Committee shall not be
able to commence any such suit or Action against any Person or
Persons so certified to be chargeable to contribute to the Settle-
ment of the said Controversy on the Part of the said Township by
reason of the Absence of the Defendant or Defendants from the
Colony Infancy or other Impediment, then it shall be lawful for
the said Ccnmittee or the Majority or Survivor of them to sell the
Lands, Tenements and Hereditaments of the Person or Persons
whose Proportions of the Expence shall so remain unpaid and to
retain to their own use out of the Produce of the Sale the sum so
certified to be due as the Proportion of the Proprietor or Pro-
prietors thereof with lawful Interest thereon from the Time so
fixed for payment thereof together with the Costs and Charges
attending the same Sale returning the Surplus to the Proprietor
or Proprietors thereof when thereunto lawfully required, and
every sale of such Lands Hereditaments and Tenements shall
convey as good an Estate and Title to the purchaser as the Pro-
prietor or Proprietors thereof held in the same at the Time of
making such sale.

AND BE IT ALSO ENACTED by the same Authority, That
every such Sale shall be made by the said Committee or the Major-
ity or Survivor of them at public Auction or Vendue to be held
on the Premises to be so sold, of which eight Weeks previous
Notice shall be given by Advertisement one Copy whereof shall
be inserted from Week to Week in one of the Public NewsPapers
of this Colony, and the other to be fixed up for the space of Time
aforesaid on the Outside of the Church Door of the said Town of
Harlem; but no such sale shall be made on the Day appointed for
the Auction, if the Person or Persons chargeable with such Pro-
portion, or any other Person for him or them shall before such
Sale tender or offer to pay the Sum intended to be raised by the
same for the purposes aforesaid to the said Committee, any op
either of them.

PROVIDED ALWAYS, and be it further enacted by the Au-
thority aforesaid that this Act, nor any Thing herein contained
shall be of force until the same shall have received his Majesty's
Boyal Approbation.



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ASa LAWS OP THE COLONY OP NEW YORK. I



[CHAPTER 1671.]
COhapter 1571| of Van Schaack, where the act Is printed in fnlL]

An Act for dividing and setting apart snch
Lands in the Patent of Wawayanda in the
County of Orange as are held by the Owners of
Goshen Town Rights in Common with the Pro-
prietors of those Lots in the said Patent which
were divided and ballotted for by Commission-
ers pursuant to an Act of this Colony entitled
'^An Act for the more effectual collecting of his
<< Majesty's Quit-Rents in the Colony of New
''York and for Partition of Lands in order
^ thereto," and also to prevent Doubts respect-
ing the Division of the said Patent made by the
said Commissioners.

[Passed, March 24, 1772.1

WHEREAS a certain Tract of Land commonly called the
iWawayanda Patent situate in the County of Orange in the
Province of New York hath been divided by Commissioners ap-
pointed in pursuance of an Act of this Colony entitled. ''An Act
** for the more effectual collecting of his Majesty's Quit-Rents in
** the Colony of New York and for partition of Lands in order
« thereto," AND WHEREAS some Doubts have arisen whether
the said Division was in every resx)ect made agreeable to the
Directions of the said Act, AND WHEREAS there are several
thousand Lihabitants in the said Patent, many of whom in Case
the said Division should be overturned, would be greatly preju-
diced and some utterly ruined thereby, for Remedy whereof.

BE IT ENACTED by his Excellency the Governor, the Council
and the General Assembly, and it is hereby enacted by the Au-
thority of the Same, That the said Division of the said Patent
shall be as valid and effectual to all Intents Constructions and
purposes whatsoever as if all the said Division had been made in
every respect exactly agreeable to the Directions of the said Act.

AND WHEREAS the Proprietors of those Rights in the said
Patent commonly called the Goshen Town Rights are entitled to
one undivided sixth part of all those Lots in the said Patent
commonly called the Ballotted Lots, which Lots are of too small
\''alue to be divided agreeable to the Directions of the said Act.

BE IT THEREFORE ENACTED by the Authority aforesaid
That any Person or Persons interested in any of the said bal-



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LAWS OP THE COLONY OP NEW YORK, 439

loted Lots^ inclined to have Partition thereof may snbscribe a
writing, and publish the same in any of the Public News Papers
of this CJolony twelve Weeks successively, directed to all Persons
interested in said Lot or Lots specifying the Number thereof,
and to what Patentee Right the same doth belong, giving Notice
that three Commissioners (one of whom shall be a Surveyor) not
interested in such Lot or Lots naming them and their places of
abode, are appointed to make such Partition, and that they will
meet at a certain Day and place to be also mentioned to proceed
to the partition of the said Lot or Lots and requiring all persons
interested therein to attend either by themselves or their Attor-
nies a Copy of which writing shall be afiSzed to the Court House
and Presbyterian Church in the said Town of Goshen, and if no
Objection to any of the said Commissioners be offered in writing
to any one of the Judges of the Inferior Court of Common Pleas
for the said County of Orange, nor any Notice thereof in Writing
be served upon the Subscriber or Subscribers to the Notice so
directed to be published or any one of them, and within nine
Weeks after the first Publication thereof, then the Commissioners
so named shall perform the Duty required of them by this Act;
but if such Objection and Notice be made and given, the Judge
to whom it was offered shall appoint the Parties a Day and
place within ten Days after nine Weeks from the first Publica-
tion of the Notice are expired, and then and there hear and de-
termine such Objection and appoint other fit and uninterested
persons in the Room of those he may think Proper to remove as
unfit, and such Persons so appointed shall thenceforth be the
Commissioners for executing the Powers given to Commission-
ers by virtue of this Act, and shall before they proceed to execute
their Offices be severally sworn before any one of his Majesty's
Justices of the Peace, to perform the Trust and Services required
of a Commissioner by this Act, fairly and impartially, according
to the Directions thereof and the best of his Skill and Judgment,
a Certificate of their being so Sworn from the Person Adminis-
tring the Oath, shall be filed with the rest of the proceedings as
hereafter directed,

aND be it FURTHER ENACTED by the Authority afore-
said That the same Commissioners so to be appointed or any
two of them shall set apart as the share and proportion of the
Person or Persons who shall be entitled to the same, by virtae
iff the said Goshen Town Rights, or any of tttom, one sixth Part
(having due Regard to the situation and Quality.) of the Lands



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440 LAWS OF THE COLONY OF NEW YORK.

iso to be divided, and shall make two Maps of the same^ which
Willi two Copies of their Field Book signed by them or any two
of them and proved before any Judge of the Inferior Court of
Common Pleas for the said County of Orange shall be filed, onc:
Map and Field Book in the Secretary's Office and the other in
tiie Clerk's Office for the said County, which Partition so made
shall be as valid and effectual in the Law to divide and Separate
the said Land, as if the same had been made on Writs of Parti-
tion according to the Course of the Common Law.

AND BE IT FURTHER ENACTED by the Authority afore-
said That the Person or Persons who shall subscribe such No-
tice as is before mentioned shall pay the Expence attending such
Partition, and may at any Time after six Months from the filing
of the said Maps and Field-Books, sue for, and recover of each
person interested in the Lands so to be divided his respective
share of such Exjjence with Interest and Costs of suit.

AND BE IT FURTHER ENACTED by the Authority Afore-
said, That when the said sixth part of any of the Balloted Lots
shall have been so set apart as aforesaid, any person or persons
interested in the same may have his or their share or Proportion
thereof set apart by proceeding in the same Manner as is herein
before directed for the Division of the said sixth Part from the
said Balloted Lots.

PROVIDED ALWAYS AND BE IT ENACTED That Noth-
ing herein contained shall in any wise affect the Right or In-
terest of his Majesty his Heirs or Successors, or the Right or
Interest of any Bodies Politick or Corporate, or any Person or
Persons except such as are interested in the said Patent.

AND BE IT FURTHER ENACTED that this Act shall not
be in force until the same shall have received his Majesty's Royal
approbation.

[CHAPTER 1572.]
(Chapter 1572, of Van Schaack, where the title only is printed.]

An Act for discharging the present As-
signees of Joseph Forman an Insolvent Debtor
and for appointing a New Assignee and for
©ther Purposes therein mentioned.

[Passed, March 24, 1772.]
WHEREAS Joseph Form;tn formerly of the City of New York
Merchant an Insolvent Debtor, Robert Ray, John Harris Cruger
and Lewis Pintard his Assignees and the Major Part of the



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LAWS OF THE COLONY OF NEW YORK. Ul

Creaitors'of the said Joseph Forman by their humble Petition
presented to the General Assembly of this Colony having repre-
sented^ That the said Joseph Forman being an Insolvent Debtor
did on or about the first Day of December which was in the
Year of our Lord one thousand seven hundred and sixty seven,
together with divers of his Creditors present a Petition to the
Honorable Daniel Horsmander and William Smith Esquires then
two of the Judges of the Supreme Court of Judicature of this
Colony in Order to obtain a General Discharge of the said Joseph
Forman by Virtue of Sundry Acts of the Legislature of this
Colony, then in Force for the Relief of Insolvent Debtors That
the above named Robert Ray, John Harris Cruger and Lewis
Fintard were nominated for Assignees of the Estate of the said
Joseph Forman by the Majority of the then Petitioning Creditors
as the said Acts directed, and that the said Judges having di-
rected an Assignment thereof to them, and the said Joseph hav-
ing made and executed the same accordingly afterwards on the
Sixteenth day of January in the Year of our Lord one thousand
seven hundred and sixty eight obtained a Discharge from the
said Judges as the said Acts direct — That the said Robert R^y,
John Harris Cruger and Lewis Pintard consented to become As-
signees upon an express Stipulation with the Majority of the
said Creditors, that they the said Assignees should not be ex-
pected in their own Persons to collect in the Debts due to the
said Joseph Forman or in any other Manner to act personally
in that Business, their own private Affairs not permitting them
so to do, but only occasionally to overlook the said Joseph
Forman, whom they the said Creditors considered as best
capable of transacting the same for their Common Benefit,
and whom they were desirous of employing therein and to
allow him ten per Cent for his Encouragement — That the
said Assignees in Consideration of this Stipulation accepted
of the said Assignment upon the express Terms of not being
allowed any Thing for their Trouble out of the said Insolvent Es-
tate and by the desire of the Major Part of the said Creditors con-
siituted the said Joseph Forman their Attorney for the Purpose
of collecting in the Monies owing to him, and settling his
Affairs with an Allowance of Ten Pounds on every hundred
Pounds of the Monies so collected That after the Assignment so
made by the said Joseph Forman, and his Discharge as above
mentioned it was discovered that a Mistake had been made in
the Computation of the Accounts annexed to the said Petition
66



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443 LAWS OF THE COLONY OF NEW YORK.

presented to the said Judges as aforesaid; on rectifying whicli
Mistake it appeared that the Amount of all the Debts of his then
Petitioning Creditors fell short of three fourths of all his Debts,
which it is apprehended may give Occasion for drawing into
Question the Legality of the aforesaid Assignment and Discharge
That the said Joseph Forman from his Age and Infirmities hath
been able of the many Debts due to his Estate to collect only a
very inconsiderable Part That the said first above mentioned
Petitioners and Creditors of the said Joseph Forman conyinced
that very little Benefit of the Estate of the said Joseph Forman
will be derived to his Creditors unless some more vigorous
Methods are used to settle the same, and to collect in what may
be due to him, and being desirous that the said Assignees should
not be compelled to undertake beyond their said Engagements, and
being willing to remove all Inconveniencies that may arise from
any Doubts of the Validity of the said Assignment and Discharge
have in a Meeting lately held by them on that Subject agreed
humbly to Petition the General Assembly of this Colony for Re-
lief by a Law discharging the said Joseph and his Assignees and
vesting all the Estate in Law and Equity which belonged to the
said Joseph Forman at the Time he became Insolvent in such
Person as to the Legislature should seem fit, the said Doubt not-
withstanding in order that the most might be made thereof for
the Benefit of the Creditors of the said Joseph Forman, and also
for a Provision for the Discharge of the said Petitioner Joseph
Forman as fully to all Intents and Purposes, as he would have
been had no Doubt arisen about the Validity of the said Pro-
ceedings — That at their said Meeting Bernardus La Orange
Esquire was proposed to and approved by the Petitioners as a
very proper Person for that Trust who has declared himself will-
ing to accept thereof — The General Assembly pray that it may
be enacted.

AND BE IT ENACTED by his Excellency the Governor, the
Council and the General Assembly and it is hereby enacted by
the Authority of the same that the said Robert Ray, John Harris
Cruger and Lewis Pintard Assignees as aforesaid in Order to
their Discharge and Releasement from the said Trust shall and do
respectively within one Month after the passing of this Act ex-
hibit in Writing under their Hands on Oath to one of the Judges
of the Supreme Court of Judicature of this Colony a full and
true Account of all the Monies received and paid by them re-
spectively as Assignees as aforesaid, and of all Mortgages, Bonds,



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LAWS OF THE COLONY OP NEW. YORK. 443

Notes or other Secnrities Assigned to them by the said Joseph
Fonnan or by them respectively taken for securing the Payment
of any Debt or Debts due and owing to the said Joseph Forman
at the Time he became Insolvent as aforesaid, or to his Estate or
as due and owing to them the said Bobert Bay, John Harris
Cruger and Lewis Pintard as Assignees as aforesaid, And that
such Accounts being exhibited as aforesaid by them or the Sur-
vivors or Survivor of them it shall and may be lawful! for them
the said Bobert Bay, John Harris Cruger and Lewis Pintard or
the Survivors or Survivor of them to execute an Assignment to
Bemardus La Grange of New Brunswick in the Colony of New
Jersey Esquire in the words following to wit, ENOW ALL MEN
by these Presents that We [naming the said Assignees or the
Survivors or Survivor of them] by Virtue of an Act of the Gov-
ernor, the Council and the General Assembly of the Colony of
New York, Entitled an Act for Discharging the present Assignees
of Joseph Forman an Insolvent Debtor, and for appointing a
new Assignee and for other Purposes therein mentioned HAVE
granted assigned and set over and by these Presents DO grant
assign and set over unto Bemardus La Grange of New Brunswick
in the Colony of New Jersey Esquire appointed in and by the
said Act to receive the same. All and Singular the Estate Beal
and Personal both In Law and Equity formerly belonging to the
said Joseph Forman, and all the Books, Vouchers and Securities
relating to the same, To have and to hold the same to the said
Bemardus La Grange his Executors, Administrators, and As-
signs and to his and their use arid Behoof for ever IN TBUST
nevertheless for the Benefit of the Creditors of the said Joseph
Forman IN WITNESS whereof We have hereunto set our
Hands and Seals this [naming the Day of the Month] in the Year
of our Lord One thousand seven hundred and Seventy two.
Sealed and Delivered in the Presence of

Which said Assignment being executed as aforesaid In the
Presence of two Credible Persons attesting the same as Wit-
nesses thereto, all and singular the Estates Beal and Personal
both in Law and Equity, Chattels, Bights, Thing and Things
in Action whatsoever which did belong to the said Joseph For-
man and were assigned or intended to be assigned as aforesaid
to the said Bobert Bay, John Harris Cmger and Le^is Pintard
by the said Joseph Forman, together with all and Singular the
Books, Vouchers and Securities whatsoever relating to the same
shall therebv be vested in the said Bemardus La Grange his



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^U LAWS OF THE COLONY OF NEW YORK.

Executors Administrators and Assigns as fully and absolutely
and for and upon the lii^e Trusts, Intents and Purposes as the
same were assigned or intended to be assigned to the said Robert
Ray, John Harris Cruger and Lewis Pintard as aforesaid or are
or could have become vested in them as Assignees as aforesaid
by any Law of this. Colony in Force on the said Sixteenth day
of January one thousand seven hundred and Sixty eight any
Doubt or Doubts that have arisen or may hereafter arise con-
cerning the Regularity or Validity of the said Discharge of the
said Joseph Foiman or of any the Proceedings relative thereto,
or any Matter or Thing whatsoever to the Contrary in any wise
notwithstanding.

PROVIDED ALWAYS AND BE IT FURTHER ENACTED
by the Authority aforesaid, that nothing in this Act shall extend
or be construed to extend to defeat or make void any Sale or
other Disposal of any the said Estate or Effects or any Part or
Parts thereof by the said Robert Ray, John Harris Cruger and
Lewis Pintard in Pursuance of their Trust as Assignees as afore-
said, but that the same and every other Act and Act bona fide
done and transacted by them in Pursuance of their said Trust
is hereby confirmed and declared to be valid and effectual, and
shall be so adjudged any Thing contained in this Act or any
Doubt or other Matter or Thing as aforesaid in any wise not-
withstanding.

AND BE IT FURTHER ENACTED by the Authority afore-
eaid that they the said Robert Ray, John Harris Cruger and
Lewis Pintard or the Survivors or Survivor of them shall deliver
to the said Bernardus La Grange a Duplicate of the said Ac-
count hereinbefore directed and required to be made and ex-
hibited before one of the Judges of the Supreme Court of Judi-
cature of this Colony as aforesaid and thereupon and the said
Assignment being made to the said Bernardus La Grange as
above directed they the said Robert Ray, John Harris Cruger
and Lewis Pintard, and every of them, their and every of
their Heirs Executors and Administrators shall from thence
forward be totally and absolutely discharged from being As-
signees as aforesaid and of and from all Manner of Trusts Ac-
counts, Suits Reckonings or Demands whatsoever of to from or
by the said Joseph Forman or any of his Creditors for or by
Reason of their having been Assignees as aforesaid, and shall
only be accountable as having been Assignees as aforesaid to the
said Bernardus La Grange his Executors and Administrators for



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LAWS OP THE COLONY OP NEW YORK. 445

fiuch Sum and Sams of money as they the said Robert Ray, John
Harris Cruger and Lewis Pintard or either of them is, are, or
ehali be indebted to the Estate of the said Joseph Porman by
Reason of the Premises.

AND BE IT FURTHER ENACTED by the Authority afore-
said that the said Assignment being made and the Duplicate of



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 44 of 92)