History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men, Part 109

Author: W. Woodford Clayton, Ed.
Publication date: 1882
Publisher: Philadelphia: Everts
Number of Pages: 1224


USA > New Jersey > Middlesex County > History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men > Part 109
USA > New Jersey > Union County > History of Union and Middlesex Counties, New Jersey with Biographical Sketches of many of their Pioneers and Prominent Men > Part 109


Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).


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"That Charles the Second, as King of England, was entitled 10 the continent of North America, from the north latitude of twenty-five de- greea to sixty seven and a half degrees, by virtue of the first discovery and subsequent possession thereof by subjects of the Crown of England, properly authorized ; which right then waa and always since has been universally ackowledged, and is the foundation of every title to land within this State.


"That Charles the Second, being so entitled, granted to his brother James, Duka of York, all that tract of country which now comprehands tha Statea of New York and New Jersey.


"That the Duke of York, being so saized, did on the 24th of June, 1664, by proper deeds and assurances in law, grant and convey to John Lord Berkley and Sir George Carteret, their heira and assigna forever, part of the said tract, lying and being to tha Westward of New York island, and bounded on the East by the main aea and Hudson's River. on tha South by the ocean, on the West by Delaware Bay and River, and extending ' Northward as far as tha Northermost branch of the said bay or river of Delaware, which ia in 41 degrees and 40 minutes of latitude ; and from thence in a straight lina to Hudaon's River, iu 41 degrees of latitude,' which said tract waa afterwarda known by the name of Nova Cesarea, or New Jersey.


"That Lord Berkley being so aaized of an undivided moity, or half part of New Jersey, did on the 18th of March, 1673, convay the same to John Fenwick in fee, in truat for Edward Byllange; and that the said John Fenwick, on the 10th of March, 1674, did by tha conaent and direc- tion of and in conjunction with the said Edward Byllange, convey the said undivided moity, or half part of New Jersey, uoto William Penn, Gawen Lawrie, and Nicholas Lucas in trust for the said Edward Byl- lynga, excepting and reserving a tenth part of the said undivided moity lo the said John Fanwick, his heirs and assigns, and that the said .lohn Fenwick did convey the aforesaid tenth part of said undivided moity unto Jolın Eldridge and Edmund Warner, who afterwards conveyed the same unto the said William Penn, Gawen Lawrie, and Nicholas Lucas, the better to enable them, in conjunction with said Edward Byllynge, to make partition of the entire Province of New Jersey with Sir George Carteret.


" That William Penn, Gawen Lawrie, Nicholas Lucas, and Edward Byllynge, being thus seized of Lord Berkley's undivided moity, or half part entered into an agreement with Sir George Carteret for the parti- tion of the whole tract, and accordingly a division was made and a line of partition settled by an indenture Quintipartita, dated the 1st of July, 1676, by which deed the parties thereunto after expressly declaring that the said tract granted as aforesaid by the Duke of York, extends to the Northward as far as the Northermost branch of the bay or river Dela- ware, which is in 41 degrees and 40 minutes of latitude, do determine that the lius of partition ahall be a straight line down from the most Northerly point, or boundary, on Delaware, of the suid tract granted as nforesuid, to the most Southwardly point of the East side of Little Egg Harbour, and all the parts, sharea, or portions of the said tract to the Eastward of the said line of partition, are by the said deed released, con- firmed and conveyed unto the said Sir George Carteret ; and in the same manner all the parts of the said tract to the Westward of the said line are released and confirmed unto the said William Penn, Gawen Lawrie, Nicholas Lucas, and Edward Byllynge.


" That the Quintipartite deed having fully established the division of the province, both Sir George Carteret and the Western proprietors con- tented theniselves with knowing the position of the extrema points with- ont removing the intermediate line, as there wasa little necessity for it at that time ; few, if any, of the settlements or surveys extending so for 29


back in the country aa to render the exact track of the line necessary to be known.


" That on the 6th of Augnat, 1680, the Duke of York did by grant con- firm the province of West Jersey unto the said Edward Byllynge, Wil- liam Penn, Gawan Lawria, Nicholas Lucas, John Eldridge, aud Edmund Warner, according to their several parts or portions, and by tha said grant fixes the North bounda on the Northermoat branch of Delaware in the latitude of 4] degreea and 40 minutes, and reciting and referring to the Quintipartita deed gives the limite accordingly.


"That Sır Georga Carteret by his last will and testamant divided his estata in New Jersey to certain trnateea therein named, with directiona to sell the same; that accordingly it was sold by them on the 2d of Feb- ruary, 1682, to William Penn and aleven others, each of whom ahortly after sold a moity of the same unto Robert Barclay and alevan others ; which twenty-four persons constituted the general proprietors of East Jersey, aod under whom by mesne conveyances your memorialists and others the proprietors of East Jersey now hold.


"That on the 14th of March in the aame year, 1682, tha Duke of York, by grant, did alao confirm the right of the said twenty-four parsons, pro- prietors to East New Jersey, aod in the sama manner reciting the North bounds, fixes them as before on the Northermost branch of Delaware, in latitude 41 degrees and 40 minutea, and referring to the Quintipartita deed, gives tba same limits and bounds as are therein mentioned.


"That in process of time, the country being more populous and tha settlements more numerous, much uneasiness was occasioned by reason of anddry vagua and fruitless attempts for dividing the provinces of East and West Jersey, and running the line of partition ; and also by reason of tbe precise spot not being ascertained where the North Station point in the latitude of 41 degrees and 40 minutes would ; that to remedy these evile tha legislature on the 27th of March, 1719, passed a law for the running and ascertaining of the said lina, and for the preventing of any further disputes concerning the same; wheraby after reciting and con- firming the Quintipartita deed, commissioners or managers wera ap- pointed both from the Eastern and Western divisions for raising and collecting from the different propriators, according to their shares of tha property, auch aums of money as should be deemed necessary for defray- ing the expensea of finding the North atation point upon Delaware and of running the necessary lines of partition."


The memorial then goes on to recite in brief the history which we have already given relating to the finding, marking, establishing, and recording the north station-point, the running of the Lawrence line therefrom to the designated point at Little Egg Har- bor, in September and October, 1743, and its accept- ance as an absolute settlement by the proprietors both of East and West Jersey. The memorialists then give the following interesting bit of history respecting the settlement of the boundary line with New York :


" That the division-line between the provinces of New York and New Jersey remained a long time unaettled, by reason of the latitude of 41 degrees on Hudson's River not being properly ascertained; and also by reason of the zaaloua and violent pretensions of each party to the prop- erty and possessions of the other, whereby such disturbances arose and disorders were committed on the borders of both provinces as to demand the interposition of their respective legislatures: wherenpon in the year 1764 acts were passed in both provinces for submitting the property of lands affected by the partition line to auch a moda of decision aa bia Britannic Majesty should think proper.


"That in consequence of the said acts, his Britannic Majesty thought preper to appoint seven Commissioners for the determining of the said matters in dispute ; who meeting at New York on the 18th of July, 1769, did determine that the boundary-line between the two provincea ahould be a straight and direct line from the mouth of Mahackamack, ou ite junction with the Fishkill, or Delaware, to the latituda of 41 degreea on Hudson's river.


" That the said controversy with New York then was daemed, as it al- ways before had been since the year 1719, ouly to affect the property of the proprietors of East Jersey und those holding under them : insoninch that the then legislature, upon application mada by the Eastero proprietors, re- fused to defray from the public treasury any part or portion of tha ax- pense of settling the said boundary-lina ; and the West Jersey proprietors thought themselves so little interested in the settling thereof that they even refused to join in the said application to the legislature, declaring


446


HISTORY OF UNION AND MIDDLESEX COUNTIES, NEW JERSEY.


that their etations were already fixed and that ao they muat remain ; hy which means the proprietors of East Jersey ware solely burthened with the great charge and expense of aettling the said boundary, and which amounted to mora than the sum of six thousand pounds, although the ex- pences of thair opponents in the province of New York ware defrayed by the public at large.


"That by the said determination and decree of the Commissioners at New York, tha said boundary-line terminated on Delaware at a different place from the station agreed on in 1719, to the surprise and astonishment of many ; though others endeavored to account for it by the Commia- sionera all being crown officers and some of them notorionsly under ita influence, and that thia new atation gave larga tracta of land to the gov- ernment of New York, to grant as it thought proper, and which it has since done.


" That the proprietors of Enat Jarsay vary much disapproved of the aaid alteration on Delaware River, but as they imagined aa they atill do and alwaya shall, that it only affected them with respect to the boundary with New York, they, after much dieputa thereon, did on certain conditions acquiesce, knowing the little probability of better euccass in a future conteat between privata individuala on the one part and a royal govern- maut on the other.


" That the said altaration of the boundary on Delaware cut off from East Jersey near two hundred thousand acres of land,1 which had always been esteemed part of New Jersey, in every transaction respecting the aame, from the first grant thereof by the Duke of York to the late deter- mination aod decree; and that the East Jersey proprietora anlamitted to these losses and hardships, although very griavons and vaxationa ; hoping that thereby there would ba a termination of a tedions, disagreeable, and expensive disputa, and that from thence forward they would enjoy peace and tranquillity."


With regard to the new line of partition proposed by the western proprietors, the memorialists say,-


" That supposing the quantity of landa surveyed hy the Western pro- prietors to the Eastward of the Quintipartite line, run by Lawrence, to be equal to the quantity surveyed by the Eastern proprietors to the Westward thereof, then, if a settlement was to take place in which the pretended libe was to be deedied the true one, the Eastern proprietors would have to render an equivalent for all lands surveyed in the said angle before the year 1719, which lande so surveyed would amount to many thousand acres, and which quantity as AD equivalent by the said act might le lo- cated by the Western proprietors on any landa whatsoever survey. d since the year 1719, and also on many tracta anrveyad before that time, and aold as aforeaaid, many years ago to bona fide purchasers.


" Your memorialists therefore first beg leave to observe that, as the assigns of Sir George Carteret and Lord Berkeley were each entitled to muities, or equal half parts of New Jersey, so it was therefore intended that the line of partition ahonld make the two divisione equal ; and this was the idea and intention of the contracting parties to the Quintipartite deed; but from the ignoraoce and infant knowledge of those times with respect to the geography of this country, thay imagined that the division in the said deed mada, from the North atation point, in the latitude of 41 degrees and 40 minutes, to Little Egg Herhour, would nearly effect that object, as in those days every one expected that the same North point would bound the cleima of New York ; that this idea and opinion that the divisiona were end ought to be equal to each other was mainteined and preserved for many years after the execution of the Quintipartite deed, and was never once doubted or opposed until Dr. Coxa, who had purchased aome ahares of West Jarsey propriety, about the year 1687, maintained to the contrary."


The memorialists conclude their petition by hoping " that it will be evident to all that there cannot be any just ground or pretense for the late elaim of the West Jersey proprietors, and that it would be much more consonant to reason and equity if, since the late determination and decree at New York, the proprie- tors of East Jersey were to demand a part of what has hitherto been deemed West Jersey. ... For since two hundred thousand acres of land, which by the said division were intended to be part of East Jer-


sey, have been taken from the same, whereby the equality of the two divisions has been destroyed, . . . your memorialists, the proprietors of East Jersey, are advised that they have a just and equitable claim to demand and receive from the West Jersey proprietors the quantity of one hundred thousand aeres, being the one-half of the said quantity cut off as aforesaid by the New York boundary line."


A few Attested Facts and Figures,-We append herewith a statement of the quantity of land in the respective divisions of New Jersey, and the difference in each according to the different lines of partition, fixed and proposed, made from actual survey and at- tested upon oath :


"The angle or gore of land which East lost in the controversy with New York amounts to abont. .. 210,000 acrea. " The remaining quantity of land io New Jersey, being the whole amount of the State, je about. 4,375,970 acrea. " Therefore, supposing a line was drawn dividing the State into two equal half parta, and which would be the line of partition be- tween East and West Jersey, each division would then contsio about 2,187,985 acrea. "Supposing Keith'a lina, extended to the Delaware River, to be the line of partition between East and West Jersey. The quantity of land in East Jersey would then be about. 2,214.930 acres.


" The quantity in Weat Jersey. 2,161,040 acres. " And East Jersey would then contain 53,890 acrea more than Weet Jar- sey.


" Supposing the Lawrence line to be the line of partition. Tha quantity of land in West Jersey would then be about ....... ... 2,689,680 acree.


" The quantity in East Jeraey 1,686,290 acres.


" And Weat Jersey would then contain 1,003,390 acres more than East Jersey.


" Supposing a line to ba drawn from the Mahackamack (proposed line of 1775) to be the line of partition. The quantity of land in West Jereey would then be about. 3,119,260 acrea.


" The quantity in Enst Jareey .. 1,256,710 acres. " And West Jersey would then contain 1,862,550 acrea more than East Jersey.


" The angle or gora of land between Keith'a and Lawrence'a line con- taina about. 528,640 acres. "Theangle or gore between Lawrence'a line and a line to be drawn from the Malackamack would contain about 429,580 acres. " Personally appeared before me Jamea Dnane, Enq., Mayor of the City of New York, Evert Bancker, Jr., ona of the surveyors of this city, ap- pointed by authority, who being duly sword on the Holy Evangelista of Almighty God, daposeth and asith, that he, this deponent, has with great care and attention mada the calculations and comparisons hereto an- nexad, respecting the quantity of land contained in New Jersey, and in the anglee or gores made by the different lines in the said computation mentioned ; that the above computation was made from Mr. Ratzer's general map, compiled the moat part from actual survey ; and that ba dothi verily believe the number of acrea above specified to be sa trile and just as computations made from Mapa of that scale will admit; and that he has not knowingly added to or diminished from any of the above numbers.


"Sworn this 28th day of July, 1784.


" JAMES DUANE, Mayor."


"EVERT BANCKER, JUN.


CHAPTER LXIII.


COURTS OF MIDDLESEX COUNTY.


PREFIXED to a valuable collection of notes and memoranda pertaining to the Middlesex County Court, made by Mr. Charles D. Deshler in 1870, is the following account of the discovery of an old book


) Two hundred and ten thousand acres, sworn to by Edward Bancker, Jr., before James Duane, Esq., mayor of New York, July 28, 1784.


447


COURTS OF MIDDLESEX COUNTY.


of records, from which the most important information in this chapter has been derived :


" In the year 1852, by the courtesy of the venerable Nicholas Booraeni, at that time County Clark, I was allowed liberty to examine the older documente and manuecript booke in the Clerk'e Office; and in the course of my examination I came upon a moet interesting volume con- taining an uninterrupted series of the Minutes of the Middlesex County Court, from 1683 to 1720.


"The volume ie bound in parchment, and ie in the handwriting of the Clarke of the Courts, John Pike, Edward Slater, and others, and the first entry is June 19th, 1683, the last being February 22, 1720.


" Besides containing the minutes of the Court, this volume also is oc- cupied, in its last eleven lsaves, with a record of the acte of the Road Commissiouere, appointed in 1704 by an act of the General Assembly."


Of this old volume we have made free use in com- piling the present chapter. The matter taken from it, as well as that derived from later similar records of the Middlesex County Court, are credited to " Min- utes of County Court."


The First County Court .- The first County Court of Middlesex was held at Piscataway, June 19, 1683, and is shown by the following extract from " Minutes of County Court." In transcribing this extract the arrangement of the paragraphs and spelling of the old minutes are adhered to. The extract is intended to be literal, viz. :


" The First County Court


held at Piscataway June ye 19th, 1683. .. by act of the Generall As- sembly and by virtus of a Comition then published under the seal of the province and signed by Order of Councill of Thos. Rudyard bearing date ye 28th of March, 1683.


" The members of the ed Court were as followeth :


Mr. Saml Dennis-President or Judge.


Mr. Edward Slater Mr. James Giles Capta John Bishop Mr. Sam! Hall


Assistants


Mr. Benjamin Hall


" John Pike Jun' of Woodbridge Clerk of the County Court allowed by virtue of a Comition from the Hone Governor & Councill bearing dato the 28th duy of March Anno Dom. 1683, & allowed by the said Court.


"Jefury Maning made choyce of and appointed to be Marshall or Cryer of the sd Court.


June the 19th 1683. Rulee or Order for the County Court of Midlx.


"Ily That the Declaration shall be entered at the taking out of the writt ; or at least the Declaration to be entered in the Clerks office five days exclusive before the Court.


"2ly That the Pleas of the defendnt be entered two daye before the Court: it not the Plaintf not to be deprived of his trial before that Court ;


"3ly If the Declaration be not entered five days before the Court, then the defennt desiring it shall have a non suite ;


" 4ly That to the County Court there shall not be allowed more than one Essvine.


4. 5ly That in canses wherein the defout is arrested in accout of Debt, Detine trespass for goods actions upon the cage Except Slauder : If the Delit or damage amount to five pounds Speciall Baile to be given ex- cept it be againet an heir, executor or administrator;


"6ly That in battery, conspiracy false imprisonment noe Spetiall baile of course without spetiall order of the Court ;


"Fly Spetiall baile in all cases of causes above mentioned shall be un- derstood double the debts or damages demanded laide or recovered: Comou baile tenn pound.


" Sly That the principle rendring himself at any time after haile put in, and before or on the day of appearance of Scierifacias returned in bill or in case there be any action of debt brought upon the bond or recognizance against the baile then if the principle shall render himself upon or before process returned served no further proceedinge to be against the baile.


"9ly In case the plan of after Ishue joyned shall refuse to goe to triall


--


the next Court after the Iehus joyned por shall discontione hie action on record the defendant mouving the Court to proceed my bring on the case by provisoe, and if the plaintf be nonsuited at trial or discontinue his action the defendnt shall be allowed reasonable coets by ye Court."


The above is a literal copy from the old " Minutes." The rest of the minutes of this session is a record of the single case tried at that term of the court, in which, by the way, Edward Slator, one of the as- sistant judges, acted as bail for the defendant. The minutes also contain a list of the " Rules and fees of the County Court of Middlesex," as allowed by the court, and also a list of rules applying to "evidences attending."


The second County Court was held at Woodbridge, Sept. 18, 1683, and thereafter, as appears from the minutes, the courts continued to be held alternately at Piscataway and Woodbridge until June 28, 1688, when a session was held for the first time at Amboy. From this time until 1699 the courts were held alter- nately at Woodbridge, Piscataway, and Amboy.


There is a break in the minutes from 1699 till 1708, when " a Court of Sessions for the counties of Somer- set and Middlesex was held at Perth Amboy." For a long time after 1708 courts were held at Amboy only.


Tax for Prison and Pounds .- The justices of the county of Middlesex, at their session held at Wood- bridge, March 17, 1683, did tax the said county in the sum of forty-five pounds in curreut pay of this country for and towards the building of a county prison, and for the erecting in each town within the said county a pound ; that is to say, for the pound in Woodbridge fifty shillings, and the like for Piscata- way, to be paid out of the aforesaid rate. Dated at Woodbridge, March 19, 1683-84. Samuel Dennis, Edward Salter, John Bishop, justices.


The following were the first grand jurors, drawn Sept. 16, 1684, court held at Woodbridge :


Ephemis Andros.


Rehoboth GanDet.


Israell Thomill.


Nicholas Munday.


Isacke Tappın.


John Langstafe.


Obediah Harrie. Andrew Wooden.


Nathaniell Bloomfield.


John Drake.


Jobn Jones.


Richard Smith, Jr.


Hugh Dunn.


Joseph Fitz Randolph.


Thomas Higgine.


The old minutes show that in 1694 Capt. John Bishop and Samuel Dennis were " presented" by the grand jury for fighting a duel. "The Court ordered yt ye Clark issue out his Warrants for ye apprehend- inge ye Persons presented by ye Grand Inquest, so yt they may be brought to Trial before ye next Court."


During the troubles incident to the close of the proprietary government the courts appear not to have been regularly held. The last County Court convened at Perth Amboy on the third Tuesday of September, 1699. Samuel Dennis was judge, and Capt. John Bishop, John Royse, and Samuel Hale, assistants.


The record opens in 1703 with a commission from Lord Cornbury to a new set of judges and justices


448


HISTORY OF UNION AND MIDDLESEX COUNTIES, NEW JERSEY.


under the crown. We give a portion of this commis- sion, as follows :


"Edward Viscount Cornbury, Capt .- Generall and Governor-in-Chief of ye Province of New York, New Jersey aud of all the Territories and Tracta of land Depending thereun in America, and Vice Admrll of ye same, her Majesties Lieut And Commander-in-Chief of ye Militia in the Collony of Connecticut and of all the Posts and Places of strength within ye same, &c. To Lewis Morris, Andrew Boon, Samuel Jeunings, Theo: Revell, Francis Deveuport, William Pinhorne, George Deacon, Daniell Leeds, William Sandford, Robert Quarry, Alexander Griffith, Samuel Waker, Miles Forstor, John Bishop, John Harrison, Samuell Hale, Ben- jamiu Griffen, Samuel Dennis, and Michuell Van Veghte-Greeting: Know ye that the suid Lord Cornbury have assigned you and every of you jointly and severally her Majesty Queen Anne's Justices to keep ye Peace in ye County of Middlesex, in her said Majesty's Province of New Jersey, and to keep or cause to be kept all Laws and Ordinances made for ye good of ye Peace and for ye conservation of ye Law, and for ye Quist Rule and Government of ye People in all and every the articles in ye suid County according to ye form, force and effect of ye same, to Chastise and Punish all persons offending against the forme of these Laws and Ordinances of any of them in the County aforesaid, as according to these laws and Ordinances shall be fitt to be dune, and canse to cotue before you or any of you all those Persons who shall Threaten any People in their persons or in burning their houses, and to oblige theni to find sufficient security for ye peace or ye good be- haviour towarde her said Majesty and her heirs. And if they shall Re- fuse to find such Security, then to cause themi to be kept safe in Prisou till they find such security. I, the said Lord Cornbury, have appointed you or any three or more of you whereof you the said Miles Forster, Jno. Bishop, John Harrison and Samuel Hals are to be one of ye Justicea to Enquire by ye oaths of Good aud Lawful meu of ye County atot esaid by whom the truth may be better known of all and all manner of Petty Larcenys, Theft, Tresspass, Forestalling, Regulatings and Extortione whatsoever, and all and singular other misdeeds aud offences of which Justices of the Peace may or ought Lawfully to Enquire, by whomso. ever and howsoever done and Perpetrated or which shall happen here- efter howsoever to be done or attempted in the County aforesaid, and of all those who in the County aforesaid have sither goue or ridden or thet hereafter aball presume to go or rida in Company with armed force against ye peace and to ye disturbance of ye People, and also of all those who in like manner bave lain in waite or hereafter shall presume tu lye in waite to maime or kill the People, and also of all Inholdere and of all and singular other Persons who have offended or attempted or who shall hereafter presume to offend or attempt in the abuse of Weights aud Measures or in the sale of Valuables against ye forme of ye Laws and Ordinances or any of them in that hehalf made for the commou Good of this Province and the People thereof in the county aforesaid ; and also all Sheriffs and Bailyfs, Constables, Jaylora and other officers whatao- ever in ye execution of their offices about the Premises of any of those who have unlawfully demeaned themselves or have been or hereafter shall be lawless or negligent in the execution of their offices iu ye County aforesaid, and of all and singular articles and circumstances whatsoever, by whomsoever or howsoever done or perpetrated in the said County, or which shall bereafter happen howsoever to be done or attempted in any- wise move and concerning the truth of ye premises or any of them and Inquest Judicial whatsoever before you or any of you taken or to be taken or made or takeu before others late Justices of ye Peace in ye County aforesaid and not as yet Determined, and to have process there- upon against all and singular Persona so Judicated or which hereafter shall happen to be Judicated before you until they be Appreleuded or render themselves or suffer themselves to be out Lawed, and to hear and Determine all and singular the Petty Larceynies, Thefts, Tresspass, Furestallings, Regrentings, Ingroseinge, Extortiona, and unlawful Assemblays and Judicar afuresaid and all and singular ye promises according to Law. And therefore you and every of you are hereby required that you Dilligently Intend aud keep the Peace, Laws and Ordinances and all and singular other ye prom- ises and at certain Days and Places which you or quy euch three or more of you as is aforeseid shall in that behalf appoint or by Law shall be appointed you make Enquiry upon ye promises and here and Determine all and singular the Promises and fullfill the same in forme aforesaid, doing therein that which to Justice appertains accord- ing to ye Laws, stattutes and Ordinances afuresaid, saving unto her said Majesty, her heirs and successors all Americiun aud other things to her and them thereof belonging. And by virtue of these presents the Sheriff of the County aforesnid is hereby required that at Certain Days




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