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 76 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 76 of 92)
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Agreement aforesaid, which on their Parts respectively ought to
be kept, observed, executed, done, performed abided by and ful-
filled according to the true Intent and Meaning of the said
Articles of Agreement as by the said respective Bonds or Obliga-
tions and the Conditions thereof reference being thereunto had
may appear, which said Articles of Agreement are in the words
Articles of Agreement Indented had made and concluded upon
this Fifth Day of July in the Year of our Lord one Thousand
seven Hundred and Seventy four Between Catharine Van Rens-
selaer Widow and Relict of Stephen Van Rensselaer late of the
Manor of Rensselaerwyck Esquire Deceased, Philip Livingston
of the City of New York Esquire and Abraham Ten Broeck of the
City of Albany Esquire of the first Part and Simon Johannis
Veeder of the City of Albany Merchant, Arie Legrange of the
same place Mariner, John M. Veeder of Schenectady in the
following to wit

County of Albany Yeoman, Volkert Veeder of the Normans Kill
in the same County Yeoman, Abraham Veeder, Christian
Legrange, Omie Legrange, Isaac Legrange, Coenradt Legrange,
Omie Legrange the Younger, John Legrange the Younger,
Myndert Legrange all of the last mentioned place Yeoman,
Bernardus Legrange of New Brunswick in the Province of Newi
Jersey Esquire and John Legrange of the County of Bergen in the
said Province of New Jersey Yeoman of the second part.



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LAWS OP THE COLONY OF NEW. YOBK. 757

Whereas divers disputes have arisen by and between the
Parties to these Presents and those under whom they respectively
claim concerning certain Lands in the County of Albany claimed
by the Parties of the first Part as belonging to the Manor of
Rensselaerwyck and by the Parties of the second Part as in-
cluded within the Bounds of a certain Tract of Land also in the
said County of Albany granted to Jan H. Van Baal by Letters
Patent under the Great Seal of the Province of New York bear-
ing Date the Twenty first Day of August in the Year of our Lord
One Thousand six Hundred and Seventy two, which Disputes
having occasioned great Expences to the said Parties; For the
Prevention whereof for the future and for settling the said Dis-
putes between the said Parties they have mutually referred the
same to Arbitration by Bonds bearing even Date with these
Presents in the Penalty of Fifty Thousand Pounds with Condition
as is thereunder wi it ten Now for the preventing all unnecessary
Delays in determining the same and to increase their mutual
Security concerning the Premisses the Parties to these Presents of
the first and second Parts respectively for themselves their Heirs
Executors, Administrators and Assigns jointly and severally do
hereby mutually covenant promise and agree vrith the parties
of the other Part their Heirs Executors Administrators and
Assigns in manner and form following tliat is to say Imprimis
the said Parties do hereby mutually fix and appoint the Twenty
second Day of August next for the Meeting of the said Arbi-
trators at the City of Albany in order to proceed on the said
Arbitration And that the said Parties shall use their best En-
deavours to procure the said Meeting at the Time and Place
^foresaid Secondly if it should so happen that the said Arbi-
trators should not meet at the Time and Place aforesaid, that it
f^hall and may be lawfull for them to meet on the-
Business aforesaid at the place aforesaid at any other
Time or Times to be appointed by them (so as they
compleat their Award within the Time limited by the Bonds
above referred to) provided previous Notice in Writing by them
or any three of them of such Meeting be given to one of the
Parties of the first Part and one of the Parties of the second Part
at least Twenty Days. Thirdly^ That the Parties of the first and
second Part to these Presents shall be at liberty to examine such
Witnesses as they respectively shall think proper one of the said
Examiners herein rfter mentioned giving to the other two Days
Notice in Writing of the Time and Place for examining such Wit-



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758 LAWS OE THE COLONY OE NE\^ XOBK.



nessea and that such Witnesses shall be examined and cross
examined by Peter Silvester Esquire on the Part of the said
Manor of Rensselaerwyck and by Robert Yates Esquire in behalf
of the other party hereto. Fourthly^ That the said Examiners
and such Clerk and Clerks as they shall appoint to assist them
shall take an oath well and truly to discharge the several Trusta
reposed in them concerning the Premisses and also not to divulge
OP make known or suffer to be divulged or made known directly
or indirectly by any Ways or Manner whatsoever any of the Con-
tents of the said Depositions or any of them untill they are to be
published as herein is after mentioned, That each of the said
Depositions when taken as aforesaid together with the rough
Draft thereof be sealed up by the said Examiners as soon as corn-
pleated and indorsed with the Deponants Name and when the
said Examinations are fully compleated then the Depositions of
the Witnesses produced on each part respectively together with
the rough Draft thereof be sealed up by the said Examiners those
of the Parties of the first Part to be kept by the said Peter Sil-
vester and those of the Parties of the second Part to be kept by
the said Robert Yates, which affidavits and every of them so taken
as aforesaid are hereby mutually agreed shall and may without
Objection to be made by either of the said Parties respectively or
those claiming under them be given and received in Evidence
before the said Arbitrators or on any future Trial or Hearing in
Law or Equity between any of the said Parties or those claiming
under them concerning the Premisses or any Part thereof in Case
the Witness so making the same shall be dead or in Case it shall
be Proved to the satisfaction of the said Referees or the said
Court of Law and Equity that the Witness making such Deposi-
tion or Depositions cannot be got to attend to give Evidence
viva voce saving all just Exceptions to each Party as to the
legality and Character of the Witness as if he was present and
personally offered as a Witness. Fifthly^ That whenever the
said Arbitrators shall meet for the Purposes aforesaid and the
Majority of them at the Request of either Party shall require any
of the said Depositions to be read in Evidence to them agreeable
to the true Intent and Meaning of these Presents that then it
shall and may be lawfull for the said Peter Silvester and Robert
Yates or either of them to deliver such Deposition and Deposi-
tions to the Party so applying for it and an original Duplicate
thereof to the opposite Party to be read in evidence as aforesaid.
Sixthly And it is further agreed, that after the said Arbitrators



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LAVViS OK THE COLOiJY OF KEVV. iOKK. i'59

shall have compleated and delivered in their Award or in Case
the said Arbitration by any Accident shall be entirely frustrated
that then it shall and may be lawf nil for the said Peter Silvester
and Robert Yates to deliver and give up to any of the first and
second Parties respectively the Depositions of their Witnesses
respectively and the Duplicate thereof and rough Draft thereof
80 taken as aforesaid, the same Depositions to be given in
Evidence on all future OcaBions in manner and form as afore-
said. Seventhly In order to expedite the Determination by the
Arbitrators aforesaid and in order to strengthen the Security to
the Parties aforesaid it is further agreed that Rules of Referrence
be severally entered by the Consent of Parties at the next
Supreme Court of Judicature for the Province of New York in
two several Actions of Ejectment brought for Part of the Prem-
ises in Question and now pending undetermined the one at the
Suit of James Jackson on the Demise of the said Catharine Van
Rensselaer against Simon Johannise Veeder, Volkert Veeder,
Simon M. Veeder and Abraham Veeder the other at the Suit of
James Jackson on the Demise of Barnardus Legrange against
Robert Freeman and the said Catharine Van Rensselaer, by
which Rules the said Causes shall be severally referred to the
Determination of the Arbitrators mentioned in and according to
вЩ¶he true Intent and Meaning of the Bonds of Arbitration herein
before mentioned. Eighthly It is also agreed that the Award of
the said Arbitrators shall bind the Possession of the Lands in
Controversy only but not the Title of either of the Parties to any
Part or Parcel thereof unless an Act of the Legislature of the
Province of New York be passed within Two Years from the Date
hereof either confirming the aforesaid Submission and authoriz-
ing the said Referrees finally to determine the Title of the Lands
in Question and the Bounds of the said Patent granted to the
said Jan H. Van Baal as aforesaid or confirming such Award as
the said Arbitrators shall before that Time have made concern-
ing the Premisses nor unless such Act shall within f ir Years
from the Date hereof be confirmed by his Majesty. Ninthly It is
riso further agreed, that the Parties of the firsf and second Part
1o these Presents shall at their joint Expence respectively use
their utmost Endeavours to procure the passing of such an Act
of the Legislature of the said Province as is above mentioned
and the Confirmation thereof by his Majesty as aforesaid in order
to which they shall jointly Petition the House of Assembly for
the said Province for the same that the said Parties or some or



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760 LAWS OF THE COLONX OF. NEW YOBK.i

one of both the said Parties shall with all convenient speed
jointly give such Notifications of their Intention to apply for the
same as are required by the Royal Instructions relative to the
passing of private Acts in this Province. Tenthly In Order to
prevent either Party from any undue Bias that may lead them
directly or indirectly to obstruct the passing of such Act of the
Legislature or the Confirmation thereof as aforesaid in Case
the said Arbitrators shall have met and examined into the
Matters in Controversy before the passing of said Act the Parties
do hereby mutually request the said Arbitrators to compleat
their Award ready to be delivered to the Parties but to keep the
same and every Part thereof and their Sentiments and Opinions
concerning the Premisses secret from all Persons whatever untill
the rising or other Termination of the next Sessions of the said
General Assembly for said Province, and If such Act shall be
passed untill also Nine Months from the passing thereof shall be
expired that an Opportunity may be given of Soliciting the
Koyal Confirmation of the said Act And in Case by a sudden
Desolution or Prorogation of the said General Assembly such
Act should be prevented from passing at the next Sessions of the
said General Assembly, that then the Parties shall in manner
aforesaid endeavour to procure the passing such Act at the then
next subsequent Sessions of the said General Assembly and in
such Case the said Arbitrators are hereby requested to keep their
Sentiments concerning the Premises secret as aforesaid until the
rising or other Termination of the said Subsequent Session of
Assembly and untill Nine Months from the passing such Act
shall be expired that an opportunity may be given of Solliciting
the Royal Confirmation thereof. Eleventhly That in Case the
said Act shall pass the said Legislature it is farther agreed that
neither of the said Parties directly or indirectly shall use any
Means whatever which may In any wise tend to prevent his
Majestys Confirming such Act of the Legislature or to bring
about the Royal annulling or disallowing thereof. Twelfthlyy
That the said Arbitrators before the making of their said Award
do have a View of the Premises in Question. Thirteenthly It is
further agreed that the Costs in the Actions of Ejectment afore-
said shall follow the Determination of the Arbitrators according
as the Lands controverted therein respectively shall appear to be
within the said Tract of Land granted to Van Baal or not as the
Boundaries thereof shall be adjudged by the said Arbitrators,
and the said Parties shall accordingly pay the said Costs to the



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LAWS OF THE COLONY OF JS'EW YORK. 761

other \n such Case to be taxed. Fourieenthlyj That the Expence
attending the said Arbitration shall be jointly paid by the
Parties to these Presents to be ascertained by the Certificate of
the said Eeferrees who shall determine the said Gontroyersy or
any three of them excepting that each Party shall provide for and
pay their respective Council and Witnesses. Fifteenthly And it
is further agreed that in a certain Action of Debt now depending
in the Supreme Court of the Province of New York between
Philip Livingston Esquire Administrator de bonis non of Jere*
miah Van Rensselaer deceased Plaintiff and Simon Johannise
Veeder surviving Executor of the last Will and Testament of
Johannise Simonse Veeder deceased Defendant there shall be a
Rule of Referrence entered at the next Supreme Court for the
Province of New York submitting the said Cause to the De-
termination of the Arbitrators who shall take upon them the
Detemination of the Matters in Controversy hereinbefore men-
tioned or any three or more of them; It is agreed between the said
Parties that in the Determination of the said Controversy the
Title of either Party shall not be controverted before the said
Eeferrees. And that it shall be admitted, that the said Manor of
Rensselaerwyck doth surround the Lands in Question and the
only Point to be settled by the said Referrees shall be to fix the
Boundaries of the said Patent to Van Baal, it being agreed to be
admitted before the said Referrees that the said Parties claiming
under the said Patent to Van Baal have Title to all the Lands
comprehended within the Boundaries of the aforesaid Orant to
Van Baal, that the said Parties respectively shall not take or
cause to be taken any new Possession or Possessions of any Part
of the said Controverted Lands or Settle any Tenant or Tenants
thereon during the Time the said Disputes are depending unde-
termined before the said Arbitrators. And Whereas the said
Proprietors of the said Manor have leased or granted by Writing
on Rents reserved Parts of the Premisses in Controversy to the
Persons following to vnt To Jacob Truax, John Banker, Nicholas
Van Patten, John Long, John Redliff, William Venton, Isaac
Ostrander, Gerrit Slingerlandt, Cornelius Van Den Bergh, Jacob
Cooper, John Van Deusen, Adrian Bradt and to Coenradt Luke
a small Parcell and also a small Parcell thereof to Major General
John Bradstreet as by the said Leases and Grants may appear,
and have received from some of the said Grantees the following
Considerations (to wit) from the said Jacob Truax the sum of
Fifty Pounds, Jacob Cooper the Sum of One Hundred and Thirty
96



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762 LAWS OP THE COLONY OP NEW lORK.

one Potinds, John Van Deusen the Snm of Ninety Ponnds, Adrian
Bradt the Sum of Ten Shillings, Cornelius Van Den Bergh the
Sum of Pive Shillings, Gerrit Slingerlandt the Sum of Pive Shil-
lings, Isaac Ostrander the Sum of Pive Shillings and the said
William Venton the Sum of Pive Shillings. And the Owners of
the Tract Granted to the said Van Baal have on their Part also
Granted and Leased in Writing on Rents reserved Parts of the
said Premisses in Controversy to the Persons following to wit
Andrew Makans, Christopher Yates, Johannis Van Der Wilgen,
John Oliver, Ephraim Hudson, Daniel Hungerford and Prederick
Wormer as by the last mentioned Leases and Grants may appear
Now therefore the said Parties of the first Part do further
covenant and agree with the said Parties of the second Part
their Heirs Executors Administrators and Assigns, That in Case
the Lines which shall be adjudged by the said Referrees to be the
Boundaries of the Lands granted to the said Jan Hendrickse Van
Baal shall include the Lands so as aforesaid Leased and Granted
under the said Manor or any Part thereof within the Bounds of
the aforesaid Patent to the said Van Baal, then the said Parties
of the first Part shall pay to the said Parties of the second Part
their Heirs Executors Administrators or Assigns such Considera-
tion money as hath been received as aforesaid by the Proprietor
of the said Manor of Rensselaerwyck for the Lands so Awarded
to be within the Bounds of the said Jan Hendrickse Van Baals
Patent with Interest thereon and all such Rents as have been
received thereon And also shall deliver and assign to the said
Parties of the second Part the respective Leases and Grants
aforesaid made of such Lands so included within the said Bounds
of Van Baals Patent, and the Rents then in Arrear and thereafter
to become due thereon respectively And the said Parties of the
second Part do further covenant and agree with the said Parties
of the first Part their Heirs Executors Administrators and
Assigns that they will make the like Payments and Assignments
to the Parties of the first Part of all such Monies, Leases, Grants
and Rents of such of the said Lands in Controversy as shall in
manner as aforesaid appear to be without the Boundary of the
Lands so as aforesaid Granted to the said Van Baal, And it is
hereby declared to be the true Intent and Meaning of the Parties
to these Presents, that the Possession of the said Jacob Truax to
be retained by him or his Assigns in case his Parm aforesaid shall
be included within the Lines so to be settled as aforesaid for the
Boundaries of the said Patent granted to the said Jan Hendrickse



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LAWS OF THE COLONY OF NEW YORK. 763

Van Baal shall contain only the LanSe granted to him by Omie
Legrange deceased And that in such Case the Party claiming
under the said Manor shall not be obliged to assign to the other
Party the Lease from the said Jacob Truax nor to pay to the
other Party the Consideration paid for the said Lease or the
Bents already paid and in Arrear and to grow due thereon.
In Witness whereof the Parties to these Presents have hereunto
interchangeably set their Hands and Seals the Day and Year first
above written Provided the said Award be made by the Time and
in the Manner herein before mentioned.

And Whereas pursuant to the Terms of the said Submission
and Agreement the Honorable George Duncan Ludlow Esquire,
Thomas Hicks Esquire Samuel W. Johnson Doctor of Laws,
Samuel Jones and Goldsbrow Banyar Esquires Referees above
mentioned have taken upon themselves the Burden of the said
Award and have met at the City of Albany, viewed the said
Lands in Controversy and fully heard the Proofs and Allegations
of all the said Parties thereto and of their witnesses respectively
All whicE Proceedings of the said Beferees have been had and
done according to the true Intent and Meaning of the said
Articles of Agreement and to the full satisfaction of the several
and respective Parties thereto. And Whereas the said Parties
have given public Notice pursuant to his Majestys Instruction
to the Governor and Commander in Chief of this Colony in that
Behalf, That they intended to apply to the Legislature of this
Colony at this present Sessions of the General Assembly for a
Law either to confirm the aforesaid Submission and to authorize
the said Beferees finally to determine the Title and Bounds of the
Land in Question as aforesaid or to confirm such Award as the
said Beferees should before the passing such Act have made
concerning the Premises. And Whereas the said Parties by their
joint Petition to the General Assembly have prayed thaT a Bill
may be passed for confirming such Award as the said Beferees
last mentioned or any three of them shall make in the Premises
and for binding the Title of the Parties agreeable thereto,

Be it tlierefore Enacted by his Honor the Lieutenant Governor
the Council and the General Assembly^ And it is hereby enacted
by the Authority of tlie same, That the said Bonds, Articles of
Agreement and Submission be, and the same are hereby con-
firmed and made valid and effectual between the said Parties and
Claimants and the said Meeting of the said Beferees, their view
of the Premises and all and singular other their Proceedings



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7M LAWS OF THE COLONY OP NEW YORK.

heretofore had as aforesaid shall at all Times hereafter be
adjudged^ deemed and taken to have been held, had and done
according to the true Intent and Meaning of the Conditions of the
said Bonds of Arbitration and of the said Articles of Agreement
hereinbefore mentioned And the said last mentioned Referees or
any three of them are hereby authorized finally to determine
the Right and Title of the said Lands in Controversy between the
said Parties and Claimants and the Bounds of the said Tract of
Land granted by the aforesaid Letters Patent to the said Jan
Hendrickse Van Baal,

And it is also hereby further Enacted hy the same 'Authority^
That in Case the said last mentioned Referees or any three of
them shall already have made or shall hereafter make their
Award in the Premises by the Time hereinbefore mentioned for
that Purpose such their said Award is and shall be hereby con-
firmed and made valid and effectual in the Law And that from
thenceforth the said Parties above named claiming as aforesaid
under the said Letters Patent to the said Jan Hendrickse Van Baal
their Heirs and Assigns for ever (except such of their Tenants who
are excepted in the said Articles of Agreement) are hereby and
shall for ever hereafter be barred and excluded of and from all
Claim, Right, Title and Laterest whatsoever derived from and
under the said Letters Patent to the said Jan Hendrickse Van
Baal of in or to any Lands lying not included within the Lines
adjudged or to be adjudged by the last mentioned Referees or any
three of them in and by their said Award to be the Boundaries o.
the Land granted by the first said Letters Patent to Jan Hen-
drickse Van Baal and within the Out Lines of the said Manor.
And in like manner the said other Parties above named claiming
as aforessdd under the said Letters Patent granting the said Manor
or under any other Grant or Confirmation thereof and all others
claiming or to claim or having or to have any Right or Title under
and by Virtue of the said last mentioned Will and Testament of
the said Stephen Van Rensselaer deceased their Heirs and Assigns
for ever (except such of their Tenants as are excepted in the said
Articles of Agreement) are hereby and shall be for ever from and
after the making the said Award barred and excluded of and from
all Claim, Right, Title and Interest whatsoever derived from and
under the said recited Letters Patent granting the said Manor of
Rensselaerwyck or any other Subsequent Grant or Confirmation
thereof of in or to any Land lying within the said Lines so ad-
judged or to be adjudged by the said last mentioned Referees or
any throe of them in and by their said Award to be the Boundaries



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LAWS OF THE COLONY OP NEW. YOBK. 765

of the Land granted by the said Letters Patent to the said Jan
Hendrickse Van Baal and comprehend^ within the Out Lines of
the said Manor of Bensselaerwjck.

And be it further Enacted by the Authority ajoresaidj That
from and after the Time of making the said Award the Parties
aforesaid claiming under the said Letters Patent to the said Jan
Hendrickse Van Baal and all others claiming or to claim or having
or to have any Right, Title or Interest under them or any of them
to any of the Lands comprehended within the Lines or Limits which
are or shall be Awarded or adjudged by the said last mentioned
Referees or any three or more of them to be the Boundaries of the
Lands granted by the said Letters Patent to the said Jans Hen-
drickse Van Baal shall in all Courts of Law and Equity be deemed,
adjudged and taken to have a good legal and valid Title thereto
against all Rights, Titles, Claims or Demands thereto made or to
be made by the said Parties hereinbefore named claiming under
the said or any other Letters Patent, Deed or Listrument granting
or confirming the said Manor of Rensselaerwyck and against all
others claiming or to claim or having or to have any Right, Title
or Interest thereto either as Heirs at Law to or under or by Virtue
of the said last Will and Testament of the said Stephen Van Rens-
selaer. And in like manner after the Time of making the said
Award the said Parties hereinbefore mentioned claiming the Lands
so in Controversy as Part of the said Manor of Rensselaerwyck and
all others claiming or to claim or having any Right either as Heirs



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 76 of 92)