USA > New Jersey > Documents relating to the colonial history of the state of New Jersey, Volume II > Part 15
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1697] G. WILLOCKS APPOINTED TO RECEIVE QUIT RENTS. 187
Bridges, and Thomas Skinner, being a Quorum of the Committee impowered by the Society or reputed Com- pany of West New-Jersey, to transact all the Affairs of the said Society, testified by the common Seal hereunto annexed; Thomas Foulerton, John Burnet Attorney for Robert Burnet, Joseph Ormston Attorney for Charles Ormston, Frances Hancock, Thomas Gor- don for himself, and Attorney for Dr. John Gordon and George Alexander, Gilbert Molleson for himself, and Attorney for Robert Barclay, William Bingley Attorney for Anthony Sharp, William Bingley for himself; Proprietors of the Province of East New Jersey in America, of the one Part, and George Wil- locks, of the said Province of East New Jersey, Gent. of the other Part. Whereas the said Proprietors are seized of and entitled to many Quit-Rents reserved upon Grants and Patents of Lands within the said Province, made by themselves and others, former Proprietors of the said Province, and are likewise eniitled to great Arrears of the said Rents incurred and grown due for several Years last past, more or less. And whereas the said Proprietors have taken a Resolution to gather in the said Arrears, and in order to gratify the Planters and Landholders, are intended to sell their Quit-Rents to such of the said Planters or Landholders who are desirous to purchase the same, and who owe no Arrears of Rent, or will first pay and discharge such Arrears. Now WITNESS these Pres- ents, that the said Proprietors abovesaid for the better putting their said Intentions in Execution have con- stituted, authorized, impowered and appointed, and. by these presents do and every of them doth consti- tute, authorize, impower and appoint the said George Willocks, to be their true and lawful Attorney, for and in the Names of the said Proprietors to adjust, ask, demand, but if sued for, then at their own Cost and Charge to recover and receive with, of, and from
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all and every the respective Planters, Tenants or Holders of Lands, Tenements, and Hereditaments within the said Province, all such Arrears of Quit- Rents, and or other Rents, as now are or on the 25th of March, now next ensuing, shall be due and owing to the said Proprietors; and on Payment thereof, or any Part thereof, to sign, seal and execute any proper Receipts and Discharges for what he shall so receive, either in his own Name, or in the Names of the said Proprietors, but for their use: And upon Non payment or refusal of Payment thereof, to destrain or bring Actions for the same as he shall think fit, and to pro- ceed upon such distresses or Actions in due Course of Law, either to sale of the said Distresses or to Tryal, Judgment and Execution, and to acknowledge Satis- faction upon Record of all such Money's as he shall recover and receive in any such Suits; all which Dis- tresses, Proceedings, Receipts and Discharges the said Proprietors, shall and will allow, justify and maintain. And the said Proprietors and every of them, do hereby likewise constitute, authorize, impower and appoint the said George Willocks, their true and law- ful Attorney and Commissioner, to treat and contract with all, every and any of the said Planters, Tenants and Holders of Lands, Tenements, and Hereditaments within the said Province, for their respective Quit- Rents and other Rents, according and pursuant to the Directions and Instructions hereunder Written; and from and after such, and so many Contracts made according and pursuant to the said Instructions, and Payment of, or sufficient security taken for the Pur- chase Money, to sign, seal, and deliver in the Names and as the Acts and Deeds of the said Proprietors, any proper and legal Assurances and Conveyances and Releases to the respective Purchasers, for granting the said Quit-Rents, and other Rents as by the said re- spective Purchasers or their Council shall be reason-
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1697] G. WILLOCKS APPOINTED TO RECEIVE QUIT RENTS. 189
ably devised and required: All which Assurances, Conveyances and Releases, the said Proprietors do by these Presents, and shall and will upon request by any other subsequent Assurances, Conveyances, and Releases, ratify and confirm. And the said Proprie- tors do hereby direct the said George Willocks, from Time to Time, to pay all such Money as he shall receive in Specie, either for Arrears of Rent, or for sale thereof, to such Person whom the said Proprie- tors, or Thomas Hart, Walter Benthall, Thomas Bar- ker, and Joseph Ormston, or the Survivor of them, shall appoint Receiver thereof, and also to take all Securities which he shall take for any Purchase ·
Monies, upon such Sales, in the Name of such Re- ceiver, and to deliver the same Securities to such Receiver in trust for the said Proprietors: And the said Proprietors for themselves, their Heirs, Executors, Administrators, and Assigns, do hereby Covenant and Grant to and with the said George Willocks, his Ex- ecutors, and Administrators that he the said George Willocks his Executors, Administrators, shall and may have and receive as a recompence for his Care and Pains, in making such Sale of the said Rents as aforesaid, Five Pounds per Cent, (or for every Hun- dred Pounds) of all the ready Money, which shall be so raised by the Sales he shall make of any such Rents; and shall also have and receive to his and their own use from the said Receiver, an Assignment of such and so many of the Security's to be taken for any Purchase Money upon such Sales made by the said George Willocks, to be chosen by the said George Willocks, his Executors and Adminstrators, as shall amount to the Rate or Value of Five Pounds per Cent, (or for every Hundred Pounds) intended to be secured by the said Securities, and that the said Proprietors shall and will direct the Receiver to pay and assign the said Recompence to the said George Willocks, his Ex-
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ecutors and Administrators accordingly; and that the said Proprietors their Heirs, Executors, Administra- tors, and Assigns, shall and will Ratify and Confirm whatsoever the said George Willocks shall do by virtue of the Authorities, and in persuance of the Instruc- tions hereby given him; and shall and will indemnify him, his Heirs, Executors and Administrators, from all such Expenses, Losses and Damages, which he, they, or any of them, shall or may sustain, suffer, or be put unto, for or by reason of any non performance of the Premises by the said Proprietors: And the said George Willocks, for himself, his Heirs, Executors, and Administrators, doth Covenant and Agree, to and with the said Proprietors, their Heirs, Executors and Administrators, that he the said George Willocks, shall and will truly and faithfully pursue the Instruc- tions hereunder Written, and perform the Trust hereby reposed in him, according to the best of his Judgment, and the true intent and meaning of these Presents. And these Presents further Witness, that for preventing any Obstructions that may happen in the Receipt or Recovery of the said Arrears of Rent or Sale thereof, in Case of the Death or Absence of the said George Willocks, the said Proprietors do hereby constitute, authorize, impower and appoint John Reid of the said Province of East New-Jersey, Gent., their true and lawful Attorney, from and after the Death of the said George Willocks, or Absence three Months from the said Province, or Embarking for Europe, to execute all and every the Powers and Authorities herein before granted to the said George Willocks, conform to the said Directions and Instructions here- under Written: And do hereby grant unto the said John Reid, the like recompence for his Care and Pains to be taken therein as are before granted to the said George Willocks, and shall and will avow, justify, and maintaine whatsoever the said John Reid, shall do in
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INSTRUCTIONS TO GEORGE WILLOCKS.
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and about the Premises, pursuant to such Authorities and Instructions. IN WITNESS whereof the said Par- ties to these Presents, have interchangeably set their Hands and Seals, and the said Proprietors have like- wise set the Seal of the said Province, the Day and Year first above Written. Province Seal. A. Camp- bell, Seal. Thomas Barker, Seal. Walter Benthall,
Seal. Joseph Wright, Junr. Seal. Walter Riddle, Seal. Joseph Ormston, Seal. David Lyell, Seal. Thomas Gordon, Seal. Joseph Ormston, Attorney for Frances Hancock, Widow of Arent Sonmans Seal. Joseph Ormston, for Charles Ormston, Seal. William Dockwra, Seal. Thomas Cooper, Seal. Thomas Ful- lerton, Seal. Clement Plumstead, Seal. Peter Son- mans, Seal. Thomas Hart, Seal. John Burnet, for my Father Robert Burnet, Seal. Gilbert Molleson, Attorney for Robert Barclay, Seal. Thomas Gordon, Attorney for Dr. John Gordon, Seal. Thomas Gor- don, Attorney for Mr. George Alexander, Seal. Wil- liam Bingley, Attorney for Anthony Sharpe, Seal. William Bingley, Seal. Gilbert Molleson, Seal.
Directions and Instructions from the Proprietors of East New Jersey, in America, to be observed by George Willocks, before, in and after the Sale of the Quit- Rents, and other Rents, due and belonging to the said Proprietors, in Pursuance of the Authorities given him by the Deed, to which these Directions and Instruc- tions relate, which are above Written. First within Fourteen Days after your Arrival in the said Province, you are to cause our Declaration now sent with you, to be published for the Information of the Planters, and Landholders of our Intentions to sell our Quit- Rents, and you are to Cause these Instructions, and the Deed under which they are Written, to be duly Registered among the Records of the said Province.
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NEW JERSEY COLONIAL DOCUMENTS.
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Secondly, You are not to sell any Rents unto any Per- son or Persons, until he or they have paid all Arrears of Rents, due for the Lands, out of which those Rents are reserved, or issue. Thirdly, you are not to sell any Rents at a less Price than Twenty Years Purchase, of the full Yearly Value of those Rents, and not to reserve less than One Half-penny per Annum, annual Rent upon every Landholder, to whom you sell 'off his Quit-Rents. Fourthly. You are not to execute any Grant, Conveyance or Release of any Rent or Rents, until you have made contracts for at least One Hun- dred Thirty three Pounds Sterling, Yearly Value of the said Quit-Rents; and therefore in all Contracts you are to take care to insert, a Clause for making void your Contracts, unless you can sell the Value above- mentioned, of the said Rents before the first Day of April, 1699. Fifthly. Upon the Payment of any Money's to our Receiver, according to our Directions in the Deed above Written, you are to take from him a Note, acknowledging his receipt therefor for the use of the Proprietors of East New-Jersey aforesaid; And upon the delivery to such Receiver of any Securities for Money, which you shall take in his Name, you are to take from him a Declaration under his Hand and Seal, that such Securities are taken in his Name, in Trust for the said Proprietors; which said Notes and Declarations of Trust, you shall from Time to Time, deliver to the Secretary and Register of the said Province, or his Deputy to be safely kept among the Records of the Province. Sixthly. After the Sale of the Value of One Hundred Thirty three Pounds per Annum, or more of the said Rents, you are to take from the Register Book of the said Province, a true and exact List or Certificate to be sign'd by the Deputy, Secretary and Register, of the Names of the Proprie- tors, and Sharers in Proprieties of the said Province, and of their respective Proportions therein, as they
1697]
INSTRUCTIONS TO GEORGE WILLOCKS. 193
are entered in the said Books, and in one Column of the said List, you are to set down the Proportion of Purchase Money, raised and secured by such sale, which every Proprietor, or Share in Proprieties, are intitled to, and then you are to deliver the said List or Certificate to such Person as we shall appoint to be our Receiver of the said Money and Securities. Seventhly. You are to use your utmost endeavour to procure an Act of the General Assembly, to be passed for con- firming to the Purchasers of the said Rents, their re- spective Purchases, and for indemnifying them, from the Demands of any Proprietors, or Sharers in Pro- prieties. who are no Parties, executing the said Deed above Written, or who may descent to such Sale; as also for the securing of the Money to be paid to such Persons aforesaid, according to their respective Shares and Portions, for which end Instructions shall be sent to our Governor of the said Province, for assenting to such Law. A. Campbell, Seal. Thomas Barker, Seal. Walter Benthall, Seal. Joseph Wright, junr. Seal. Walter Riddle, Seal. Joseph Ormston, Seal. David Lyell, Seal. Thomas Gordon, Seal. Joseph Ormston, Attorney for Frances Hancock, Widow of Arent Sonmans, Seal. Joseph Ormston, for Charles Ormston, Seal. William Dockwra, Seal. Thomas Cooper, Seal. Thomas Hart, Seal. Peter Sonmans, Seal. John Burnett, Seal, for my Father Robert Bur- nett. Thomas Foulerton, Seal. Clement Plumstead, Seal. Gilbert Molleson, Seal. Gilbert Molleson At- torney for Robert Barclay, Seal. Thomas Gordon, Attorney for Doctor John Gordon, Thomas Gordon, Attorney for Mr. George Alexander, Seal. William Bingley, Seal, William Bingley, Attorney for Anthony Sharpe, Seal. Thomas Lane, Paul Dockminique, John Bridges, Thomas Skinner, Robert Mitchell. West-Jersey Seal.
14
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NEW JERSEY COLONIAL DOCUMENTS.
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MEMORANDUM, the publick Seal of the Province of West New-Jersey, was affixed to this Writing by Sir Thomas Lane, Knt. Paul Dockminique, Esq; John Bridges, Thomas Skinner, Esq; Robert Mitchell Mer chant, (the Persons impowered by the Society of West New-Jersey) to strengthen and confirm the particular Act and Deed of the abovenamed Persons, and to no other Intent or Purpose whatsoever. Thomas Lane, Paul Dockminique, John Moore, William Hammond, Francis Minhsall, Obadiah Burnett, John Bridges being a Committee of the West New Jersey Society.
Authority from the Proprietors of East and. West' Jersey to Rip Van Dam, to receive from George Willocks or John Reid the amounts collected for Arrears of Quit Rents.
[From the Original in the Library of the New Jersey Historical Society.] [Endorsed ] The Proprietors to Rip Van Dam 14 December 1697
THIS INDENTURE made the fourteenth Day of De- cember in the Ninth year of the Reign of our Lord FIONIT'S and Sovereign William the Third of England &cª. King Annoq: Dom: 1697 BETWEEN Thomas Hart, CREA Thomas Barker, Walter Benthal and Joseph Orms- ton of London Merchants and Others whose Names are hereinunto subscribed and seales affixed, Proprie-
1 Although not mentioned in the body of the Instrument, the West New Jersey Committee, as will be seen, signed it, as they had signed the authority to George Willocks .- ED.
195
1697]
AUTHORITY TO RIP VAN DAM.
tors of the Province of EAST NEW JERSEY in America of the one Part & RIP VAN DAM Merchant of the City of NEW YORK in America of the other Part. WHERE- As the said Proprietors by an Instrument as well under their hands & seales as under the Common Seale of the Province has Com'issionated & impowered GEORGE WILLOKES of the Province of East New Jersey Gentle- man & in case of his Death John Reid of the same Province Gent. to Adjust and get in their Arrears of Quitt Rents now Due and growing Due to the Proprie- tors from the Planters, or others holding Lands within the said Province, and likewise to sell & Dispose of, the said Rents to the said Planters and Land holders, and to pay the Moneyes he or they shall so Receive and Raise in Specie unto the hands of such Person whom the said Proprietors shall appoint to be their Receiver thereof and to take Securities for such Moneyes as he or they shall give Creditt to any such Planter or Land- holder in the Name of such Receiver and to deliver the same to him in Trust for all the Proprietors, or Sharers in Proprieties of the said Province who are or shall be intituled to the same in Proportion to their respective Interests therein. AND WHEREAS the said Proprietors amongst other their Instructions to the said George Willokes and John Reid have for the better Direction of such Receiver how and to whom to dis- pose of such Moneyes he shall Receive Order'd them to take out a Certificate from the Deputy Secretary and Register of the said Province (for the time being) an Exact Lyst of all the Proprietors and Sharers in Pro- prietyes, and of the Respective Proportions of Proprietyes, and deliver the same to such Receiver, and also a perticular Certificate from the Secretary and [Regi]-ster to be taken out by Each Proprietor and Sharer in Proprietyes to be produced as a Testimony of their tytle and Shares Now [ 7 These Presents that the said Proprietors above named HAUE
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NEW JERSEY COLONIAL DOCUMENTS. [1697
Constituted and Appointed and by these presents DOE Constitute [and App]oint the said Rip Van Dam their Receiver to take and Receive from the said George Willokes or John Reid all such Moneys as they shall Respectively Pay upon the Accompt aforesaid or either of them AND DOE hereby Order that all the securitys for such Moneyes to be taken by the said George Will- okes or John Reid aforesaid shall be taken in the Name of the said Rip Van Dam & Delivered to him upon the Trusts nevertheless and under the lymitations and Pro- visions hereid after Expressed: That is to say upon Trust that the said Rip Van Dam shall from time to time as he shall Receive any such Moneyes give his Note to the said George Willokes [or to John] Reid in case of the Death of the said George Willokes for the same acknowledging his Receipt thereof for the Use of the Proprieties [of East] New Jersey aforesaid and shall also from time to time signe a Declaration under his Hand and Seal that the securityes taken in his Name by the said George Willokes or John Reid upon the Accompts aforesaid or either of them are so taken in Trust for the said Proprietors and shall also permitt and suffer the said Proprietors at their owne costs and charges to put all or any of the said Securityes in suite in the Name or Names of the said Rip Van Dam his Heires, Exec's or Administrators (as the case shall re- quire) for Recovery of the Moneys intended to be secured thereby the said Proprietors Indemnifying the said Rip Van Dam his heires Executors and Admin- istrators from all Dammages that may Accrue to him or them thereby, AND the said Proprietors Partyes to these Presents DOE hereby Authorize and Direct the said Rip Van Dam his Executors and Administrators to pay out of the Moneyes which he shall Receive for Arrears of Rents such Debts of the said Proprietors as they shall by any Order under the seale of the said Province appoint to be paid Observing such course in
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AUTHORITY TO RIP VAN DAM.
1697]
Payment as shall be Expressed in such Order And the said Proprietors doe further Order, Direct and Agree and Declare that the said Rip Van Dam shall and may out of the Residue of the Arrears of Rents & out of the Ready Money to be raised by the Sale of the said Quitt- Rents (and after the Delivery to him of such Certificate and Accompts as is Appointed to George Willokes) pay to the said George Willokes and John Reid Respective- ly their Executors Administrators & Assignes FIVE POUNDS p'cent for all such Ready Moneyes as they shall raise by the said Quit Rents and shall also As- signe to him and them respectively for their owne use at his or their Demand such and so many of the said Securityes to be taken in his the said Rip Van Dams Name as he or they shall Choose and as shall amount to the rate or Value of Five Pounds p'cent for all the Moneyes intended to be secured by such securityes as a Recompense for their care and Paines in making such sales & also the said Rip Van Dam shall & may DE- DUCT & DEFALK thereout to his own use One P[ound] & tenn Shillings p'cent for all such Money as he shall Receive in Specie and shall pay out again in Specie to the said Proprietors or their Order [And] the said Pro- prietors doe further Order and Direct that after the Payment of such Debts as aforesaid & Deduction of such Recompenses & Gratuitys to the said George Will- okes, John Reid and Rip Van Dam as aforesaid the said Rip Van Dam his Execc's and Administrators shall pay the Residue and Remainder of all the Moneys which he shall Receive Either for Arrears of Rents sale of Rents or upon any Securityes for Money to be taken in his Name as aforesaid to the Proprietors of East New Jersey who shall be Named in the Certificate herein before mentioned & directed to be Delivered to him in Proportion to their Respective Interests to be Expressed in such Certificate or to the Exec's Admin- istrators thereunto
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NEW JERSEY COLONIAL DOCUMENTS.
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Lawfully authorized and who shall Promise a Perticu- lar Certificate from the Deputy S[ecretary] & Register of the said Province of his or their tytle as Proprietor or Proportion in any Proprietie to be compared with the General Certificate to be left with the said Rip Van Dam. AND the said Rip Van Dam for himself his Heires, Executors & Administrators doth Covenant and Agree to and with the said Thomas Hart, Thomas Barker, Joseph Ormston, and Walter Benthal on behalf of themselves & the rest of thPe roprietors their Exec!s & Administrators That he the said Rip Van Dam his Heires Exec's and Administrators shall & will faithfully Performe all & every the Trusts herein before Reposed in him according to the true intent & meaning of these presents, And it is hereby Declared by the said Proprietors that he and the said John Reid shall not Act in & about the Premises during the life time of the said George Willokes, nor be entituled to any of the Recompense of the Five p'cent hereby appointed for the sale of the Quit Rents which shall be sold by the said George Willokes IN WITNESS whereof the Partys to these Presents have Interchangeably set their hands & seales the day and year first above written
WM DOCKWRA@ Secr & Register THOMAS GORDONO
THO: COOPER Ø
THO FOULERTEN @
Attorney for Robert
CLEMT PLUMSTED
PETER SONMANS Ø
JOSEPH ORMSTON JOSEPH ORMSTON @
Attorney for frances
Hancocke widow of Arent Sonmans
JOHN BURNET For my Fathr Robert Burnet
GILBERT MOLLESEN@
Barclay GILBERT MOLLESEN @
WALTER BENTHALLO
Wm BINGLEY @ Attorney for Anthony
Sharp
AB CAMPBELL
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AUTHORITY TO RIP VAN DAM.
1697]
JOSEPH ORMSTON
for Charles Ormston
THO: HART DAVID LYELLØ WALTER RIDDELL
RS
WEST
NEW
THOS LANE
PAUL DOCKMINIQUE
JOHN BRIDGES
THO: SKINNER
ROB. MICHEL
P.
Mem !? The Publique Seal of the Province of West New Jersey was affixed to this writing by S! Thomas Lane Knight, Paul Dorminique Esq! John Bridges Thomas Skiner Esq! and Robert Michell Mercht (the p'sones Impowered by the Society of West New Jersey) to strengthen and Confirme the p'ticular Act and Deed of the above Named p'sones And to no other Intent or purpose whatsoever.
THOS LANE PAUL DORMINIQUE
JOHN MOORE
Wm HAMOND FRAS MINCHEILL
JOHN BRIDGES OBADIAH BURNET
being a Comittee
of the West New Jersey Society.
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NEW JERSEY COLONIAL DOCUMENTS.
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Order of Council, directing the payment of all duties to the Governor of New York, by vessels trading in Hudson's River.
[From P. R. O. B. T. Proprieties, Vol. 25, p. 188.]
AT THE COURT AT KENSINGTON the 25th day of November 1697. Present.
The Kings Most Excellent Majesty in Council.
UPON reading this day at the Board a Representa- tion from the Council of Trade in the words following.
Here follows the Representation at length [printed on page 180.]
His Majesty in Council approving the said Repre- sentation was thereupon pleased to dismiss the said Petition of the Proprietors of East New Jersey, And to order that the usuall Instruction relating to Duties to be paid by Ships Trading in Hudsons River, be con- tinued to the Governour of New York for the time being who is not to Suffer any innovation within the said River in that behalf, nor to permit any goods to pass up the same but what shall have paid the Duties at New York. And the Right Honourable the Council of Trade are to take care from time to time that In- struction be given accordingly.
JOHN POVEY.
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LORDS OF TRADE TO EARL OF BELLOMONT.
1698]
The Lords of Trade to the Earl of Bellomont, relative to Ports in New Jersey.
įFrom N. Y. Col. Doc'ts., Vol. IV., p 297.]
(Extract.)
Since your Lord's departure from hence, the pro- prietors of East and West New Jersey having been very pressing for the priviledge of Ports in those Countries. We have been oblidged to enquire care- fully into their pretended right thereunto, and to lay our opinion before His Majty that they have no such rights, and that it is not convenient it should be granted to them; upon which His Majty having been pleased to give directions accordingly, and a copy of our repre- sentation being inserted in the order of Council made thereupon, we send you herewith all a copy of the said order, that you may understand the reasons of that determination, and take care that the rights and priviledges of the province of New York be not in- fringed. *
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