USA > New Jersey > Essex County > Newark > An history of the Old Burying Ground as contained in the case of the Attorney-General against the city of Newark, 1888 > Part 6
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5thly. Another triangle peece Alotted for a watering place for cattle, Begining at John Plum's corner and running up the brooke west seaven chaines, thence east and by north seaven chaines to the highway, and at the east end one chaine three rodes; bounded south by John Plum, and Robert Daglish, North and East by highways.
And lastly, the streets of the sayd towne of Newarke, as they are now layed out, viz: the high street to remaine about two chaines more or less in breadth, and in length from Hugh Roberts' brooke to the mill brooke thorow the Middle of the Towne; and the rest of the streets to bee as they are now in breadth; TOGETHER with all and all manner of rivers, rivolets, springs, runes, streames, Dams, feedings, Pastures, woodes, under woodes, trees, waters, water courses, water falls, ponds, poolls, pitts, meadows, easements, profits, commodities, liberties, ad- vantages, Emoluments and Appurtenances whatever to the same belonging or any manner of ways appertaining ; To HAVE AND TO HOLD the said several tracts of up- land, meadows and premises with theire and every of theire appurtenances to them the sayd John Curtis, John Treat, Theophelus Peirson and Robert Yong their heires and Assignes forever ; to the only proper use, benefit and behoof of the Old Setlers of the towne of Newark aforesaid, their heires and Assignes forever, In Com'on ; granted to bee and Remaine to and for the several uses herein par- ticularly expressed, and to be appropriated for no other use or uses whatsoever ; To bee Holden in free and com'on soccage of us the sayd Proprietors, our heires and As- signes forever As of the seignorie of East Greenwitch ; YEELDING and paying therefor unto us the Proprietors, our heires and Assignes forever, sixpence sterling monie of England, for the aforesaid several tracts of Land on
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every five and twentieth day of March forever hereafter, in Leiu and instead of all other services and demands whatsoever.
IN WITNESS whereof WEE HAVE caused the seale of our sayd Province to be hereunto affixed, and the same to be signed by our Governour and the Major part of his Council for the time being this tenth day of December, Anno Dom. 1696, and in the eight yeare of the Raigne of our soveraigne Lord, William the Third, over Eng- land, &c., KING.
L. S.
AND. HAMILTON, JOHN INIANS, SAMUEL DENNIS, JOHN BISHOP, JAMES DUNDAS, JOHN ROYSE.
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"Town Pattent or Charter." [E. J. Records, Lib. A. A. A., fol. 145.]
ANNE, by the Grace of God Queen of Great Brittain, ffrance and Ireland, Defender of ye faith &c. To all to whome These Presents Shall Come or may in any wise Con- cern Sendeth Greeting. Whereas, our Loveing Subjects John Treat, Joseph Harison, Eliphelet Johnson, John Cooper, and John Morris, freeholders and Inhabitants of ye Town of Newark in ye County of Essex in our Province of New Jersey, on behalf of themselves and the Rest of ye freeholders of ye said Town and by their order, by their Humble Petition Presented to our Trusty and well Be- loved Robert Hunter Esq'r Captain General and Gover- nour in Cheife of our Said Province, have Sett forth, that their Ancestors and Predecessors, freeholders of ye said Town, by License from ye Proprietors, Governour, in ye Month of July one Thousand Six Hundred Sixty Seven, had Purchased from ye Indians, all that Tract of Land now Known by ye Name of Newarke, Bounded Easterly by a Great Creek that Runs from Hackingsack Bay through ye Salt Meadow Called by the Indians Wequahick, and now Known by ye Name of bound Creek: and Continu- ing from the head of ye Said Creek to the head of a Cove to a Markt Tree, from thence it Extended Westerly upon a Straight Line, by Computation Seven Miles be the Same more or Less to the End or foot of the Great Mountain and to the Ridge thereof Called by the Indians Wachung, Near where Runs a branch of Raway River, from thence Extending on a northerly Course along the Ridge of the Said Mountain to a heap of Stones, Erected to Asertain the Boundary between the s'd Town of New- ark and the Town of Achquickatnuck, from thence Run- ing a South East Course by Achquickatnuck Bound
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Line, to where the brook or Rivolet Called by the In- dians Yantokah, but now Known by the Name of the Third River, Emtieth itself into Pasayack River and from thence Continuing Down along by the said Pasaiack River and Hackingsack Bay to the mouth of the said Bound Creek: and that for want of a Charter or Pattent of Incorporation they are under Sundry Inconviences and Disorders, which to prevent for ye future they have there- fore Prayed our Charter or Pattent of Privilidges accord- ingly : which Request we being willing to Grant. KNOW YEE, that of our Especiall Grace, Certain Knowledge, and Mear Motion, WE have Given, Granted, Rattified, and Confirmed, and Do by these Presents, for us, our heirs, and Successors for Ever, Give, Grant, Ratifie, and Confirm unto John Treat, Joseph Harison, James Not- man, Eliphelet Johnson, John Cooper, John Morris, Joseph Crane, Thomas Davis, Nathaniel Wheeler, and George Harison, in Trust to and for themselves and ye Rest of ye freeholders and Inhabitants of ye said Town and their Successors for Ever, within the Limits and Bounds aforesaid, the free Liberty and Privillidge of being a Town Ship, and They and their Successors for Ever hereafter are and Shall be a Comunity or Township, in Deed and in Name, in the said County of Essex, within our Said Province of New Jersey, by the Name of the Trustees of the freeholders and Inhabitants of the Town- ship of Newark, AND that they and their Successors for Ever hereafter Shall have a Perpetuall Succession of the Number of Ten, Principle freeholders and Inhabitants of the s'd Township of Newark, who shall be the Trustees of the Freeholders and Inhabitants of the Township of New- ark for Ever, (That is to say) that upon ye Death of any one or more of the said Trustees, it Shall and may be Lawful for the freeholders of the said Township for the Time being, being therunto Sumoned or Warned by the Constable or Constables of the said Town for the Time
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being, by order of the Surviving Trustees of the said Township of Newark for the time being, or the Major part of them, and by other Publick wayes and Meanes, to Assemble and meet together, at Such time and Publick Place within ye said Township as the s'd Surviveing Trus- tees for the time being, or the Major part of them from time to time as Need shall be shall think fitt to Nominate and appoint, and there by Majority of votes of the said freeholders, to Elect and Choose so many of ye Principle freeholders of the said Township Resideing within ye Bounds of the said Township as may fill up the Number of the s'd Trustees to be Ten, which Trustees so Chosen and Elected as aforesaid, together with the Surviving Trustees for the time being, Shall be Trustees of the Said Township to all Intents and Purposes as Much as if they had been particularly Nominated and Expressed in this our Said Grant. AND WE DO further Give and Grant unto the said Trustees and their Successors for Ever, that it shall and may be Lawful to and for ye said Trustees and their Successors for Ever, by ye Name of the Trus- tees of the freeholders and Inhabitants of ye Township of Newark, In any of our Courts within Said Province of New Jersey to Sue and be Sued, Answer and be An- swered unto, Defend and be Defended. AND WE DO further Give and Grant unto the said Trustees and their Successors for Ever hereafter, and to the Major part of them, full Power and Lawful Authority once in Every Year at their Discretion, to Summons and Call together the freeholders of the said Township, and for the said free- holders and their Successors so Summoned and Called together, to assemble and meet on Such Certain Day and at such place as the said Trustees for ye time being or the Major part of them shall appoint, to Elect and Choose by Plurallity of Votes of the said freeholders and their Successors, Such Number of the Said freeholders and their successors as they shall think fit, Not Exceeding five,
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to be Overseers for appointing what Improvement Shall be Made for the Ensuing Year upon a Certain Neck of Land within the Bounds of the said Township, which by Reason of its Scituation and Natural advantages is or May be Easily Encloseed by a Generall fence, and for apportionateing to Each of the said freeholders Interested in the Said Neck, and their Successors for the time being, their Share of ye Charge of the Said Generall fence for the Common Good, which s'd apportionateing So made as afores'd shall be of force against Each of ye Said free- holders and their Successors for the time being for their Respective Shares or Portions of the said Charge their Executors, administrators or assigns, for so Long time as the said Trustees and their Successors or ye Majority of them shall think fitt and no Longer, and in Case of Refusall or neglect to Pay ye Same, it shall and may be Levied by ye Constables of the said Town or any one of them, by warrant from a Justice of the Peace within the said Town- ship by Distress, and by the said Constables or Constable to be paid into the said overseers for ye time being, for the use aforesaid and no other use whatsoever. AND WE DO further Give and Grant to the said Trustees and their Successors for Ever, that it shall and may be Law- ful for ye freeholders and Inhabitants of ye said Town, Annually and once in Every Year, to Assemble and meet together and to Choose Two Constables, one overseer of ye Poor, and one overseer of ye highwaies, by Majority of the Votes of the ffreeholders and Inhabitants of the s'd town of Newark, which Constable and overseer so Chosen as aforesaid Shall Serve in the said Respective Offices in the said Town untill the Next Anuall Election, if they so Long Live, or Pay the Sum of five Pounds for the use of the poor of Said Town, AND that in Case of Death or Refusall of any of the said Officers to serve in any of the said Offices as often as the Same Shall Happen out of the Useuall Anniversary time of Election, that it shall and
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may be Lawful for the said freeholders and Inhabitants to assemble, and meet together to Choose others in their Room and place, and it shall and may be Lawful for a Justice of the peace within the said Township to admin- ister an oath to the Said Officers of the said Town, for the faithful Discharge of their Respective Offices. AND WE Do further Give and Grant to the said Trustees and their Successors all other Privillidges, Rights, Liberties and Immunities that the Township of AMWELL or any other Township within our s'd Province of New Jersey Doth or may of Right Enjoy. To HAVE, HOLD AND ENJOY all and Singular the Privilidges, Rights, Liberties, and Immunities aforesaid, unto the said John Treat, Joseph Harison, James Notman, Eliphelet Johnson, John Cooper, John Morris, Joseph Crane, Thomas Davis, Nathaniel Wheeller, and George Harison, Trustees of the freehold- ers and Inhabitants of the Township of Newark and their Successors for Ever ; they ye s'd Trustees and their Suc- cessors for Ever Yeilding, Rendering, and Paying unto us, our heires and successores, Yearly and Every Year, on the feast Day of the ANNUNCIATION of the Blessed Vir- gin Mary, as an acknowledgment for the Said Privilidges, the ANNUAL Rent of five Shillings, In Leiu and Stead of all other Rents, Services, and Demands whatsoever for the same.
In testimony whereof, we have Caused these our Let- ters To be made Pattent, and ye Seall of our Province of New Jersey to be affixed. Wittness our said Right Trusty and well beloved Robert Hunter, Esqr, Captain General and Governour In Cheiffe of the Provinces of New Jersey and New York, and the Teritories and Tracts of Land Depending thereon in America, and Vice Admirall of the Same &c. at fort ANNE In New York, this Twenty Seventh Day of Apreill, in the Twelfth Year of our Reign, ANNOQE DOM, 1713.
[L. S.]
J. BASSE, Secretary.
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