USA > New Jersey > Hudson County > History of the land titles in Hudson County, N.J., 1609-1871 > Part 3
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Whereas the Town and Corporation of Bergen, in East New Jersey, is an antient Township, and for a long time hath enjoyed sundry privileges, AND
Walthercas Philip Carteret, Esqr late Governour of the Province of Nova Cesarea, or New-Jersey, and his Councill-to wit : Samuel Edsall, Robert Bond, Nicholas Varlet, Wm. Pardon, Robert Van Quillon, James Bollen-by a certain Grant, Charter or Patent, under the Seal of the said Province, signed by the said Governour and Council, and bear- ing date the twenty-second day of September, in the year of our Lord, 1668, did thereby grant that the bounds and limits of the town and Corporation of Bergen should begin at the North end thereof from a place called Mordavis Meadow, lying upon the West side of Hudson's River, from thence to run upon a North-West line by a three-railed fence that was then standing to a place called Espatin, and from thence ~ to run to a little Creek surrounding North-North-West till it comes into the Hackensack River, containing in breadth from the top of the hill One and a half miles, or One hundred and twenty chaines, then it runs along the said Hackensack River upon a South-South-West line till it comes to Point or Neck of Land that is over against Staten-Island, and Shooter s Island, in after Cull Creek, containing in Length about twelve miles, from thence running Eastward along the River called Kill Van Cnll that parts Staten-Island & the Maine to a point or neck called Constables
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Hook, from thence to run Northward all along the Bay up into Hudson's River till it comes into Mordavis Meadow, properly belonging to the juris- diction of the said Town and Corporation of Bergen. AND he, the said Governour & Council, by the Charter and Grant aforementioned, did give and grant unto the said Freeholders and Inhabitants of the said Town and Corporation of Bergen divers and sundry liberties, powers, franchises, privilidges and Immunities, and particularly that the Free- holders, or the major part of them, sho'd have power to divide propor- tions of what was within their bounds and Limitts that was not then already appropriated and patended by particular persons before the day of the date of the said Charter & Grant, as in and by the said Charter & Grant Remaining upon Record in the Secretary's office of the Prov- ince of New-Jersey, among other things therein Contained it doth and may more fully and at large appear.
And authercas since the making of the said Charter and Grant sundry of the said Freeholders have, at sundry times, surveyed, taken, and used and Improved to their own Use and benefit sundry Lotts, pieces and parcells of the common and undivided Lands Lying and being within the said Township and Corporation of Bergen without any Warrant, power, or authority for so doing, and without the Consent of the major part of the Freeholders of the said Township for that purpose first had and obtained, and have used and enjoyed the same with their patented Lands by means whereof it is not known how much of the said Commons have been taken in by the said Freeholders, nor can the same be found out or Discovered without a particular Survey of such patents to which said Common Lands have been taken in & added to, wherefore the said parties have agreed as followeth :
Imprimis. It is agreed by and between all & every the parties to these presents that whatever part of the Common & Undivided Lands have been by them, or either of them, at any time heretofore taken up, used, or claimed & added to their patented or purchased lands shall forever hereafter be deemed, taken, & adjudged, and shall Remain & Continue in Comon, till a division be made of the said Comons & Undivided Lands.
Eten 2d. That in order to find out what and how great part of the said Comon and Undivided Lands have, at any time, been taken in by any or either of the parties, It is agreed that every particular grant under wch the parties to these presents do hold their patented Lands, be run Surveyed and Laid out by Cornelius Corsen, Surveyor, whom they the parties, have and by these presents do mutually Elect, Chuse, and Appoint to be the Surveyor thereof, and that he Survey the same within the space and time of Eighty months next coming after the date hereof.
Item. ffor the more Easy and regular Surveying and laying out the said 'patented Lands, Each of the parties above mentioned, for him- self, his heirs, Executors and Administrators, Doth Covenant and Agree, with the other of them, his heires, Executors and Admrs that they & each of them will, at the request & demand of the said Surveyor, pro- duce and show unto him their Several deeds, Writings, & grants by which they hold their respective farms, and that neither of the said parties shall nor will in any wise Obstruct, molest, or in any wise hinder or Disturb the said Surveyor in Surveying and laying out the same nor Comence, Sue or promote any Action or Suite against him or any, he 3
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shall employ to assist him in the doing thereof, and that cach party whose Lott or tract shall be so run out and surveyed, shall and will pay for running out the same.
MYNDERT M His GERREBRAT.
JOHANNIS VAN HOUTEN. ZACHARIAS SICKELSE.
Mark. HIS
His
CORNELIS VAN X NEUWKERK.
Mark.
Mark.
ABRAHAM DIEDERICK.
JOHN VAN HORNE. His
His
IDO I SIP.
CORNELUS K GERREBRANTS. Mark. Mark. His
JACOBUS VAN BUSKIRK.
HENDRICK V SIGGELS.
ANDRIES VAN BOSKERCK.
Mark.
CORNELIUS VAN WOORST.
LOWRENS VAN BUSKIRK. His CORNELIUS C. B. BLINKEROFF.
JACOB I. B. BROWER. Mark.
Mark. His
PETER MARCELISE.
His JACOB GERRE I. G. VAN WAGENER. Mark. HENDRICK H. S. SPIER.
His
Mark.
JACOB I VAN HORNE.
ARENT TOERS.
DANIEL VAN WINKLE.
GERRET ROOS.
ABRAHAM SICKELS.
HENDERICK VANDEROEF. His
HENDRICK VAN WINCKELL.
LEVEYNIS WINNEN.
JOHANNIS GERRE VAN WAGENEN. Mark.
Sealed and delivered in the presence of
JOHANNIS VREELANDT. DIRCK KADMUS.
So far as we can now learn the measures contemplated by this agreement were not pursued. Matters growing worse, the people petitioned the Legislature for relief. This petition resulted in the following :
An Act appointing Commissioners for finally settling and determin- ing the several Rights, Titles & Claims to the Common Lands of the Township of Bergen; and for making a Partition thereof in just & equitable Proportions, among them who shall be adjudged by the said Commissioners, to be intitled to the same.
authercas sundry Persons claiming to be Inhabitants and Freehold- ers within the Township of Bergen aforesaid, by their Petition, presented to the General-Assembly of this Colony, do set forth, that Philip Carteret, Esqr Governor of this Colony of Nova Cesarea, or New Jersey, under the Right Honorable Lord John Berkley, and Sir George Carteret the former Proprietors thereof, by a certain Deed or Instrument in writing purporting to be a Charter granted to the Town and Freeholders of Bergen, and to the Villages and Plantations thereunto belonging, bear- ing Date the twenty-second Day of September in the year of our Lord one thousand six hundred and sixty-eight, did therein and thereby with the Consent of his Council, grant and declare among other Things therein contained, that the Bounds and Limits of the aforesaid Town and Corporation of Bergen was and is to begin at the North End of
Mark.
His
MICHAEL COR'E M VREELAND.
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Mordani's Meadow, lying upon the West Side of Hudson's River, from thence to run upon a Northwest Line by a three Rail Fence that was then standing, to a place called Espatin, & from thence to a little Creek surrounding North North-West till it comes into Hackinsack River, containing in Breadth from the Top of the Hill one Mile and a Half or one hundred & twenty Chains From thence it runs alongst the said Hackinsack. River upon a South South-West Line till it comes to the Point or Neck of Land that is over against Staten-Island and Shooter's Island in Arthur Cull Bay, containing in Length about twelve Miles, from thence to run Eastward, along the River called Kill Van Cull that parts Staten-Island and the Main, to a Point or Neck of Land called Constable's Point or Constable's Hook, and from thence to run up Northward all along the Bay up into Hudson's River till it comes to Mordani's Meadow aforesaid, so that the whole Tract of Upland and Meadow property belonging to the Jurisdiction of the said Town and Corporation of Bergen, is bounded at the North End by a Tract of Land belonging to Captn Nicholas Verlet and Mr. Samuel Edsall, on the East Side by Hudsons River, on the South End by the Kill Van Cull that parts Staten-Island and the Main, and on the West Side by Arthur Cull Bay and Hackinsack River; And did also among other things therein mentioned grant and declare that the Freeholders aforesaid, or the major Part of them, should have Power to chuse their own Magis- trates to be Assistants to the President or Judge of the Court and for the ordering all public Affairs within the said Jurisdiction And that the Freeholders aforesaid, or the major Part of them, should have Power to admit of their own Inhabitants and to divide all Proportions of Lands as are within the Bounds and Limits aforesaid, that were not then al- ready appropriated and patented by particular Persons before the Day of the Date thereof, according to their Allotments and Estates, as the Justices & Magistrates should in their Wisdoms think fit, which Land being so divided every Man's Proportion should be surveyed, butted and bounded by the Surveyor, and recorded by the Secretary and Recorder General of this Colony and after two Years in Possession, should not be subject to any Re-Survey or Alteration, but should remain according to the first Survey forever, as by the said Charter more fully and at large may appear. And the said Petitioners further set forth that altho' cer- tain Letters-Patent of her late Majesty Queen Anne, issued under the Great Seal of this Colony, bearing Date the fourteenth Day of January in the twelfth Year of her Reign, confirming the aforesaid Incorporation of the said Township of Bergen; and altho' the said Letters-Patent were confirmed by an Act of the Governor, Council and General Assembly of this Colony, passed the twenty-ninth Day of January in the Year of our Lord one thousand seven hundred thirteen, intituled an Act for Con- firmation of a Patent or Charter granted by His Excellency Robert Hunter, Esq' Captain-General and Governor-in-Chief in and over the Provinces of New Jersey and New York, and all the Territories and Tracts of Land depending thereon in America, and Vice-Admiral of the same for the Incorporation of the Town of Bergen in the Eastern Divi- sion of the Province of Nova Cesarea or New Jersey : Yet neither the said Letters-Patent nor the said Act do prescribe any Method for the Division of the Common Lands of the said Township of Bergen, but leave the same subject to such Method as is above mentioned to be pre- scribed by the aforesaid Charter of Governor Philip Carteret : And that
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altho' the Petition of the said Common Lands, is by the aforesaid Char- ter of Governor Philip Carteret directed to be made by the said Free- holders, in such Manner as the Justices and Magistrates shall think fit, yet that elective Magistrates having been a Provision in the Infancy of this Colony, and having long since been disused except in some particu- lar Incorporations, among which the said Township of Bergen is not to be ranked, a Partition of the aforesaid Common Lands in the Manner directed by the said Charter, is for that Reason become absolutely im- possible; That besides, the Petitioners are not only at some Variance among themselves, as well concerning what particular Tracts of Land patented before the Grant of the said Charter, are included within the above recited Bounds of the said Township of Bergen, and consequently concerning the Persons who may properly be deemed Freeholders of the said Township; And who the Freeholders within the said Township are or are not intitled to Shares of the said Common Lands But it is also disputed among them in what Proportions the said Common Lands ought by Virtue of the said Charter to be divided among those who undoubt- edly are Freeholders within the Bounds of the said Township and are Intituled to Shares of the said Common Lands, which Reasons together with the great Number of the Persons Interested and the Infancy, Coverture and Absence beyond Seas of many of them render a Partition of the said Common Lands Impracticable by the Course of the Com- mon Law and Feasible only by Commissioners to be appointed by Act of Legislature as well for settling the several Claims to the Commons as the Respective Proportions in which the same ought to be Divided and that by Reason of the present Undivided State of the said Commons great and Unnecessary Waste is daily Committed by destroying the Timber growing on the same, By which means if the same be not pre- vented by a Speedy Partition of the said Commons, they will be ren- dered of Little Value, and the Township of Bergen be reduced to great Distress for want of Timber and Fuel, the Petitioners therefore pray Relief in the Premises as by the said Petition may appear.
Be it therefore enacted By his Excellency the Governor, the Council and General Assembly of this Colony, And it is hereby Enacted by the Authority of the same That Jacob Spicer of Cape May, Charles Clinton of Ulster County, William Donnaldson and Azariah Dunham of New Brunswick, John Berrien of Rocky Hill, Samuel Willis of Long Island, and Abraham Clark, Jun' of Elizabethtown, be and hereby are appointed Commissioners for Making Partition of the Common Lands of the Township of Bergen aforesaid, And are hereby Authorized and Required to Divide the same in the Manner hereinafter Directed.
And be it further enacted By the Authority aforesaid That the said Commissioners be and hereby are Impowered and required previous to any Partition of the said Common Lands to give at Least Four Weeks Public Notice in the New York Gazette and Mercury of the Time when and the Place where they will meet to Survey, run out, and ascer- tain as well the Bounds and Limits of the said Township of Bergen as the Bounds of Each and Every Patent and Grant Contained within the Bounds and Limits of the said Township. And the said Commissioners are hereby Impowered to go with their necessary Attendants and Imple- ments upon and Across any Lands or Meadow contained within the Bounds of the Township of Bergen aforesaid or Adjacent thereto in Order to make the said Survey or Surveys And the Partitions hereinafter
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Mentioned Doing as Little Damage as may be to the Owners thereof, without being Liable to any Action for the same, Which said Survey of the said Township of Bergen and of the several Patents or Grants con- tained within the Bounds and Limits thereof when made, shall Conclude all Persons whomsoever claiming under the said Township of Bergen or any Patent or Patents, Grant or Grants contained within the Bounds and Limits thereof.
And be it cuacted By the Authority aforesaid That as soon as the said several Patents or Grants shall be Surveyed And the Bounds and Limits of the same ascertained as aforesaid, the said Commissioners shall set apart so much of the said Common Lands as they think will be suf- ficient to defray the Charges of Making a General Partition of the said Common Lands, And shall then proceed to make a General Partition of All the Residue of the said Common Lands and lay out and allot to such of the several Patents or Grants Contained within the Bounds and Limits of the Township of Bergen aforesaid as they shall Judge to be Intituled to the same, Such Proportions of the said Common Lands as they shall judge right, having Regard to the Right and Allotments due to the Church and Free-School as in said Charter specified.
And whereas The Freeholders Inhabitants of the Town of Bergen claim a Large Part of the said Common Lands by Virtue of a purchase from the Indians bearing Date the Thirtieth day of January in the Year of our Lord One Thousand Six Hundred and Fifty-Eight And a Patent or Grant from Governor Stuyvesant in the Year of our Lord One Thousand Six Hundred and Sixty One And divers other Disputes and Controversies have Arisen and may Arise as well between the Freholders Inhabitants of the said Township of Bergen relating to their several Rights to the said Common Lands in Virtue to their Several Patents or Grants as between the Freholders of some of the Patents or Grants Con- tained within the Bounds and Limits of the Township of Bergen aforesaid, For the settling and Determining thereof.
Be it cuacted By the Authority aforesaid That the said Commis- sioners shall and hereby are Authorized and required in a Summary Way to hear and finally Determine According to their discretion the said Claim of the said Freholders Inhabitants of the Town of Bergen, founded on the said Indian Purchase and Governor Stuyvesant's Patent or Grant aforesaid, and All other Disputes and Controversies arisen or which may arise as well between the Freholders Inhabitants of the Township of Bergen aforesaid, Relating to their Several Rights to the said Common Lands in Virtue of their several Patents or Grants as between the Fre- holders of each particular Patent or Grant Contained within the Bounds and Limits of the Township of Bergen aforesaid Which Determination of the said Commissioners shall be Final & Conclude all persons whom- sover Claiming Under the said Township of Bergen or Under any Patents or Grants Contained within the Bounds and Limits of the said Town- ship.
And be it further enacted by the Authority aforesaid, that the said Commissioners shall within three months next after the said general Partition shall be completed, proceed to sell the said Lands so set apart to defray the Charges of the said general Partition as aforesaid, at public Vendue to the highest Bidder giving at least six Weeks Notice of such Sale, by Advertisement to be affixed on the Court-House in Hackinsack and the Church in Bergen : And the Deed of the said Commissioners to
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the Purchaser and Purchasers shall pass a good Title, both in Law and Equity to such Purchaser or Purchasers for the separate Enjoyment of the said Lands in Fee Simple, against all Persons whomsover claiming under the said Township of Bergen, or any Patent or Grant contained within the Bounds and Limits of the said Township: And the said Commissioners shall keep and state a particular Account of the whole Charge attending the said general Partition and lay the same before the Justices of the Sessions for the County of Bergen, who are hereby authorized and re- quired to appoint by a Rule to be entered in the Minutes of the said Court of Sessions, Persons to audit the said Account : And the said Persons so appointed shall after fourteen Days Notice given by the said Commissioners, or any one or more of them, in Writing, to any three Persons interested in the said general Partition, of the Time and Place of auditing the same Account that all Persons interested may be heard in objecting to the same, proceed to the auditing of said Account: And out of the Monies arising from such Sale the sd Commissioners shall detain in their Hands so much as the said Auditors shall report to be due for their Services and Disbursements in compleating the said general Partition And the Surplus, if any be, shall be paid to the Trustees of the Freholders, Inhabitants of the Township of Bergen for the Use of the said Corporation, and their Receipt for the same shall be a sufficient Discharge to the said Commissioners .*
And be it further enacted by the Authority aforesaid that after the said general Partition shall be made the said Commissioners shall proceed to make a Partition and Division of the said Common Lands allotted to each respective Patent or Grant within the Bounds and Limits of the said Township of Bergen to which a Share of the Common Lands shall have been allotted as aforesaid. And for that Purpose they are hereby authorized and required to give at least twelve Weeks Notice, by Adver- tisements to be published in one or more of the New York News-Papers, of their meeting to proceed upon the Partition or Division of each and every of the said Tracts of Common Lands allotted to each of the said Patents or Grants respectively; By which said Advertisements all Persons interested in the said particular Tracts respectively shall be re- quired to produce their Titles and make out their Claims to the same, Copies of which Advertisements shall be affixed on the Court House in Hackinsack and the Church in Bergen; And when the said Commis- sioners shall have informed themselves in manner aforesaid of the Rights of the respective Persons claiming Interests in the said Common Lands allotted to such particular Patents or Grants respectively, they shall pro- ceed to make a fair and equitable Partition and Division thereof among all the Persons whom they may adjudge to be interested in such Pro- portions as they may think Just and reasonable And in like Manner the said Commissioner shall proceed to make a Partition and Subdivision of each and every of the said Tracts of Common Lands allotted to each
" The Commissioners submitted their accounts for dividing the Common Lands, to the Court at Hackensack, on the first Tuesday in October, 1764. They were referred to Peter Sobriske, Tunis Day, and Johannis Demarest for audit, with directions to send in their report at the next Term. In January Term, 1765, the Commissioners sub- mitted their accounts for subdividing the Common Lands. They were referred to the same persons for audit. I have not been successful in finding the accounts or reports thereon.
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and every of the said Patents or Grants within the Bounds & Limits of the Township of Bergen aforesaid respectively to which a Share of the said Common Lands shall have been allotted as aforesaid : And the Charges of every of such Partition and Subdivision shall be defrayed, and the Accounts of the same respectively kept, stated and audited in the same manner as hereinbefore directed upon the general Partition aforesaid, provided always that the Overplus of the Moneys arising from the Sale of the respective Lands set apart to defray the Charges of each of the said particular Partitions and Subdivisions respectively, if any be shall upon Demand be paid to the respective Persons interested in such particular Tracts, or Proportions to their several Rights.
And be it further enacted by the Authority aforesaid that the said Com- missioners shall cause two several Field-Books and Maps to be made both of the general and of each particular Partition and Division of the said Common Lands, specifying the Bounds of the general Partition and of each and of every Lott of each particular Partition and Division respec- tively and to whom allotted particularly; Which said Maps and Field- Books shall be signed by the said Commissioners and their Surveyor or Surveyors, And one of the said Maps and Field-Books shall be filed in the Secretary's Office at Perth-Amboy and the other in the office of the Clerk of the County of Bergen to remain and be kept as Evidence, and shall be and hereby are made conclusive Evidence, of such Partition which said Partitions and Divisions and each and every of them shall be and hereby is and are declared good and valid in Law to divide and separate the said Lands.
And be it further enacted By the Authority aforesaid That the said Commissioners and their Surveyor shall be allowed each twenty shillings a Day, while actually employed in the said Service, And to each of the Chain-Bearers six shillings a Day, And to the Persons who audit the Accounts of the said Commissioners ten shillings for auditing the accounts of each of the said Partitions and Divisions, And for such other Charges as may accrue on the Service aforesaid the said Auditors may allow a reasonable Sum, And all Persons who shall be employed in the Service aforesaid shall also be provided with all Necessaries usually provided on such Occasions out of the Monies to arise by the Sale of the Land set apart for defraying the Charges of the said Partitions respectively- Provided always and be it further enacted by the Authority aforesaid, That no Person whomsoever, who shall be employed upon the Service aforesaid, or any other in Trust for him or them, shall become Purchasers of the Lands to be sold by Virtue of this Act or any Part thereof- Provided also, and be it further enacted by the Authority aforesaid, That such of the said Commissioners as may take upon them the Execution of this Act, and their Surveyor or Surveyors whom they are hereby author- ized to appoint, shall severally be sworn before one of the Justices of the Supreme Court, or before one of the Judges of the Court of Common Pleas, for the County of Bergen, to execute and perform the Trust and Services required of them severally by this Act fairly and impartially according to the Directions thereof, and the best of their Skill and Judg- ment, And a Certificate of their being so sworn from the Person ad- ministering the Oath be filed in the Office of the Clerk of the County of Bergen.
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