USA > New Jersey > Hudson County > History of the land titles in Hudson County, N.J., 1609-1871 > Part 35
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288
SECAUCUS COMMONS.
4. And be it further Enacted by the Authority aforesaid, That in Case any Money received by the Commissioners herein appointed, either of the Trustees of Bergen, or by the Sale of Lands pursuant to the Direction of this Act, may remain unexpended by said Commissioners in the due Execution of the Business for which they are appointed, the said Commis- sioners shall deposit so much of the said Money as they may find belongs to the Township of Bergen, in the Hands of the said Trustees of said Township, and the Remainder in the Hands of some Freeholder who they shall judge to be intitled to a Share of said common Lands, with an Account of the Part thereof each Person interested in said Commons is entitled to, taking a Receipt for the Money so deposited, with an Account of the Division to be made of the same, which . Receipts shall discharge the said Commissioners, their Executors and Administrators, and the Person receiving the same shall be answerable therefor to the several Persons entitled thereto.
5. And be it further Enacted by the Authority aforesaid, That, for the more easy and ready acquiring Possession of such common Lands as shall be allotted and adjudged by Virtue of this Act, it shall and may be lawful for the said Commissioners, or the Majority of them, or the Sur- vivors or Survivor of them, to issue a Precept under their hands and Seals, directed to the Sheriff of Bergen County, commanding him to cause full and actual Possession to be delivered to such Person or Persons to whom such common Lands shall be allotted as aforesaid, which said Sheriff is hereby required to execute said Precept, and if the Sheriff shall find it necessary, he may raise the Posse Comitatus, and exercise the same Power and Authority with which by Law he is invested in the Execution of a Writ of Possession in an Action of Ejectment. Provided always, That Nothing contained in this Act shall be deemed, construed, or understood to effect or destroy any Claim, Right or Title of the General Proprietors of the Eastern Division of this State to the Premises, or to any Part there- of, and saving also to this State all its Rights therein as if this Act had not passed. Provided also, That the Commissioners herein appointed shall meet and enter upon the Execution of this Act, as soon as they con- veniently can after the passing thereof, having previously given one Month's Notice in the New York Gazette of the Time and Place of such their intended Meeting.
Passed at New-Brunswick, August 26, 1784.
Thus empowered, the new Commission proceeded with the work of subdividing the Secaucus Commons. The following is a copy of their Field-Book and Map, showing the result of their work. They were filed as directed in the Act, but strange to say, no evidence appears on them of their having been filed in the office of the Secretary of State. As to how they came to be filed in the Hudson County Clerk's office the reader is referred to what was said on page 24. There is no doubt that this work is marked with the same care and accuracy which are so characteristic of the work of the first Commissioners.
BERGEN
COMMON LANDS.
FILED IN THE OFFICE OF THE CLERK OF HUDSON COUNTY, MARCH 15, 1853.
R. GILCHRIST, Clerk.
37
*
*THIS IS ONE OF THE FIELD BOOKS
Of the Partition and Division of Common Land allotted to the Patent of Secaucus in the Township of Bergen, made in pursuance of a Law of the State of New Jersey passed at New Brunswick the Twenty sixth Day of August in the Year of our Lord, One Thousand seven Hun- dred and Eighty four, Intitled
" A Supplementary Act to an Act intitled, an Act appointing Commis- sioners for finally settling and Determining the several Rights, Titles and Claims, to the Common Lands of the Township of Bergen and for making partition thereof in Just and Equitable proportions among those who shall be adjudged by the said Commissioners to be intitled to the same "
The Commissioners named and appointed in and by the said Act taking upon them the Execution of the trust thereby reposed three of them (to wit) Azariah Dunham Silas Condit and Daniel Marsh, were duly sworn as followeth
New Survey ss :
Be it Remembered that on the fifteenth day of December in the Year of our Lord One Thousand * seven Hundred and Eighty four Personally *2 appeared before me John Cleves Symms Esqr. one of the Justices of the Supreme Court of the State of New Jersey, Azariah Dunham Silas Condit and Daniel Marsh Esquires three of the Commissioners appointed in and by an Act passed at New Brunswick the 26th day of August 1784 intitled, an Act appointing Commissioners for Finally Settling and De- termining the several rights and claims to the Common Lands in the Township of Bergen and for making partition thereof in Just and Equit- able proportions among those who shall be adjudged by the said Com- missioners to be intitled to the same, Passed in the fourth Year of George the third; and severally took the Oath required in and by the said recited Acts.
Taken and sworn at Solitude the day and Year first aforesaid before me John Cleves Symms
Az: Dunham Silas Condit Daniel Marsh
The other two of the said Commmissioners (to wit) Abraham Clark and John Carle were duly sworn as follows.
New Jersey ss.
Abraham Clark and John Carle Esquires two of the Commissioners named and appointed in and by an Act of the Legislature of New Jersey intitled * A Supplementary Act intitled an Act appointing Commissioners * 3 for Finally Settling and Determining the several Rights Titles and Claims to the Common Lands of the Township of Bergen, and for making parti-
292
SECAUCUS COMMONS.
tion thereof in Just and Equitable proportions among those who shall be adjudged by the said Commissioners to be intitled to the same passed the twenty sixth day of August last ; Personally appeared before me Isaac Smith Esqr. second Justice of the Supreme Court, and being sev- erally sworn on the Holy Evangelists of Almighty God did depose that they would respectively execute and perform the trust and services re- quired of them severally by the before recited Act fairly and impartially according to the directions thereof and the best of their Skill and Judg- ment
Sworn before me this 22d day of December 1784 Isaac Smith
Albra : Clark John Carle
as by the aforementioned Original despositions filed in the Office of the clerk of the County of Bergen may appear.
The said Azariah Dunham Silas Condit and Daniel Marsh being sev- erally sworn as aforesaid did make and publish in the New York Gazet- teer from the 21st day of December 1784 to the 21st day * of January 1785 a Notification in the words following (there being no New York Paper by the name of Gazette published in New York at that time)
Notice is hereby given to all persons concerned, that the Commis- sioners appointed to and by an Act intitled a Supplementary Act to an Act intitled an Act appointing Commissioners for finally Settling and De- termining the several Rights, Titles and Claims, to the Common Lands of the Township of Bergen, and for making partition thereof in Just and Equitable proportions among those who shall be adjudged by the said Commissioners to be intitled to the same (passed the 26th day of August 1784) Will meet on Monday the 24th day of January next at the House of Sylvanus Lawrence at Hobucken in the said Township of Bergen for the purpose of Settling and Finally determining in whom the Right or Rights to the Common Lands allotted to the Patent of Secaucus is or are Vested agreeable to the directions of the said Act.
December 20th 1784
Azariah Dunham Silas Condit Dan'l Marsh
Tute the Commissioners named in said Act having met Pursuant to the above Notification did appoint Thomas Clark to be Surveyor, who thereupon took the following Oath
*5 *Bergen County ss.
.
Thomas Clark of the County of Essex appointed Surveyor for Divi- ding the Common Lands allotted to the Patent of Secaucus by the Commis- sioners named and appointed by an Act intitled " A Supplementary Act to an Act intitled an Act appointing Commissioners for finally Settling and Determining the several Rights Titles and Claims to the Common Lands of the Township of Bergen and for making partition thereof in Just and Equitable proportion among those who shall be adjudged by the said Commissioners to be intitled to the same" being duly sworn deposeth that he will well and Truly execute and perform the trust and services required of him as Surveyor by the above said Act fairly and impartially
* 4
293
SECAUCUS COMMONS.
according to the Directions he may receive from the Commissioners named in said Act, to the best of his Skill and Judgment Sworn the 25th day of
Tho's Clark.
January 1785 Before me John Benson
One of the Judges of the Court of Common Pleas in said County.
*6
As by the deposition filed in the Clerks Office of the County of Ber- gen may appear * JULE then caused an actual Survey to be taken of the Commons after which we proceeded to consider the Claim put in by the Agent of Forfeited Estates for the County of Bergen, to all the Common Lands allotted to the Patent of Secaucus as formerly claimed and forfeited to the State by William Bayard, the said William Bayard having claimed the same as Heir at Law to Nicholas Bayard one of the Original Pat- entees of Secaucus and survivor to Nicholas Varlet the other Patentee ;* which Patented Premises after the Decease of the said Nicholas Varlet was with all the appurtenances thereunto belonging, Granted and Con- veyed by the Administrators of said Varlet and Nicholas Bayard, to Ed- ward Earle by Deed dated the twenty fourth day of April in the Year One Thousand six hundred and seventy six Pursuant to Written Articles entered into by the said administrators and Nicholas Bayard on the one part, and Edward Earle on the other part dated the sixteenth day of October in the year One Thousand Six Hundred and seventy three, wherein the said administrators and Bayard agree to sell and convey to said Earle the Island Secaucus with Meadows &c according to the Patent, with such further Right and Interest as the same Island hath been possessed by the said Administrators and said Bayard
* Which Claim with the writings and Evidence produced for and *7 against the same being fully Considered, date do adjudge that all the Right to the Commons belonging to the Patent of Secaucus passed with the Island of Secaucus by the grant from the administrators of Nicholas Varlet and from Nicholas Bayard to Edward Earle.
And whereas divers Persons Claimed a Right in the Commons of Secaucus under the said Edward Earle and fearing such Claimers had not exhibited all their Papers in support of their Rights we judging it proper to give a further time to produce the same did on the 26th day of February 1785 adjourn all further proceedings until the first Monday in April fol- lowing and thereupon Published in the New York Gazetteer Weekly, for four weeks the following Advertisement.
The Subscribers Commissioners appointed by Law for adjusting and finally settling the Titles of the Claimants to the Common Lands Allotted to the Patent of Secaucus in the Township of Bergen having same time attended for the Purpose of their Appointment and being desirous of giv- ing all Claimants sufficient time to produce their Claims hereby give Notice that they have * adjourned until the first Monday in April next to meet at this place, at which time they will be ready to receive any further Claims and Evidences to support the same ; Claims not produced at the above said time will necessarily be Excluded.
*8
Hobucken February 26th 1785
Silas Condit
Abraham Clark John Carle
Azariah Dunham Daniel Marsh.
9 As to the claim of William avard, ride Fiehl Book, p. 221.
294
DANIEL SMITH-EDMUND W. KINGSLAND.
Daving met agreably to the foregoing Notice we proceeded first in making a Valuation of the several parts of the said Commons in Order to Divide the same according to Value after which we set apart a Certain parcel thereof to be sold towards defraying the expenses of the Division. The Lot set apart to be sold is marked A on the Map, and is twenty two chains in width extending across the Common Land from the Eastermost Bounds of the Commons to Pinhornes Creek between Parallel Lines run- ning North fifty eight Degrees and thirty minutes West. The Souther- most of which Lines is the Southermost Bounds of the said Common Land, the said Lot so set apart Contains by Estimation about One Hun- dred and Twenty Acres
* 9 * Was then proceeded to the Examination of the Titles of the sev- eral Persons Claiming parts and shares of the said Common Land, allot- ted to Secaucus, and upon the Examination thereof
ume adjudge a Certain Portion or share of said Lands to be- long to Daniel Smith
Our Survey of which said Portion as laid down on the Map shews, and we adjudge it to be a Tract of Land Marked No 1 *
Beginning at a Stake standing the south side of a run of water in a Gully, by the edge of the water Being the Eastermost Corner of the lot set apart for sale, standing also in the line of the Bergen Lots formerly subdivided and from said Stake runs North fifty eight de- grees and thirty minutes west fifty five chains and fifty links to Pinhorns Creek, then returning to said stake the Place of Beginning and from thence running North thirty one degrees and thirty minutes east five chains and forty links to a stake in the line of the Bergen Lots, thence north fifty eight degrees and thirty minutes west fifty five chains and fifty links to said Pinhorns Creek, thence down said Creek as it runs to meet the first line running to the same containing about thirty acres.
*10 * And we adjudge a Certain Portion or share of said Com- mon Lands to belong to Edmund William Kingsland of New Barbadoes Neck
Our Survey of which said Portion as laid down on the Map, shews, and we Adjudge it to be a Tract of Land Marked No 2 1
Beginning at the Eastermost Corner of the Last mentioned Lot No I, from thence Running along the Line of said Lot north fifty eight degrees and thirty minutes west fifty five chains and fifty links to Pin- horns Creek, then returning to the place of Beginning from thence Run- ning along the Bergen Lots North thirty one degrees and thirty minutes
" Daniel Smith left this lot to his son Daniel, who conveyed it to David Hennion July 25, 1815. Charles Watts owned part of it in 1819, and Garret Newkirk part of it in 1839.
t The interest of Kingsland in Secaucus came through his marriage with Mary, daughter of Judge Pinhorne. Tide Note to Secaucus Patent, p. 66. He conveyed this lot to Garret J. Van Rypen and Levinus Winne May 23, 1788. George Hillyer conveyed it to Samuel Fanshaw Aug. 28, 1839.
295
MARY MOORE-JOHN BARD.
east eleven chains and ten links to a stake, thence north fifty eight de- grees and thirty minutes west fifty eight chains to Pinhorns Creek, thence down said Creek as it runs till it meets the first line running to the same containing about sixty two Acres and a half Acre.
And we adjudge a Certain Portion or share of said Com- mon Lands to belong to Mary Moore Widow of Austin Moore Esqr. deceased.
Our Survey of which said Portion as laid down on the Map, shews, and we adjudge it to be a Tract of Land marked No 3 .*
* Beginning at a stake being the Eastermost Corner of the last men- * 1 I tioned Lot No 2 from thence running along the line thereof north fifty eight degrees and thirty minutes west fifty eight chains to Pinhorns Creek, then returning to the place of Beginning and from thence running along the Bergen Lots north thirty one degrees and thirty minutes east twenty eight chains and ninety nine links to a stake, thence north fifty eight de- grees and thirty minutes west seventy one chains and fifty links to Pin- horns Creek, thence down said Creek as it runs, till it meets the first line running to the same, Containing about One Hundred and Eighty four Acres.
And we adjudge a Certain Portion or share of said Com- mon Lands to belong to John Bard of the City of New York Doctor of Physick,
Our Survey of which said portion as laid down on the Map, shews, and it adjudge it to be a Tract of Land marked No 4.1
Beginning at a stake being the Eastermost Corner of the last men- tioned Lot No 3 from thence running * along the line thereof north fifty * 12 eight degrees and thirty minutes west seventy one chains and fifty links to Pinhorns Creek, then returning to the place of Beginning and from thence running north thirty one degrees and thirty minutes east five chains and sixty eight links to a stake being the Northerly Corner of a lot of Common Land Allotted to Herman Edwards Patent Marked on the Map of the General Division of the Commons of Bergen No 249, thence
@ The widow Moore, and her son William Augustin Moore, conveyed this tract Nov. 6, 1633, in parcels, as follows : To Nicholas Vreeland, forty-five acres ; to Jacob Van Wagenen, forty acres ; to Helmigh Van Houten, fifty acres ; to Jasper Prior, twenty-five acres ; and to Jacob Newkirk, twenty-five acres. These strips extended northwest and southeast from the line of the " Bergen Lots " to Pinhorne Creek, and were in order, beginning on the northerly bounds of the tract. Van Houten died seized. Vide Note to Lot No. 4, New Field Book. Part of his parchase was partitioned April 6, 1831. among the children of his grandson Helmigh, viz., Garret, Catherine, wife of John Vreeland, Jan?, E'izs, wife of Jacob Greenlief, an I Rochel, wife of Gir- ret Newkirk.
t Bard conveyed this lot to Jacobus Van Buskirk July 29, 1733. Vide Note to Jansen and Edsall's Patent, p. 19. Part of this lot, containing fifty-four acres and six- tenthis of an acre, he had bought in 1831 from Thomas Alsop; Alsop bought from the heirs of Pinhorne Dec. 15, 1730. It was a strip from the northerly side of Pinhorne's farm.
296
EVERT BANKER-EDMOND KINGSLAND.
north fifty four degrees west one chain and seventy links to a stake being the westerly Corner of a Lot of Common Land Allotted to Hendrick Teunison's Patent marked on the Map of the General Division of the Commons No 220, thence north thirty five degrees east seven chains and eighty two links to a stake, thence north fifty eight degrees and thirty minutes west forty nine chains and forty five links to a Cedar Tree mark- ed for a Corner in the Cedar Swamp, thence north thirty one degrees and thirty minutes east twenty six chains and sixty three links to Pin- horns Creek, thence down the said Creek as it runs till it meets with the first line running to the same, Containing about One Hundred and fifty four Acres.
*13 * And we adjudge a Certain Portion or share of said Com- mon Lands to belong to Evert Banker of New York, Merchant.
Our Survey of which said Portion as laid down on the Map, shews, and me adjudge it to be a Tract of Land marked No 5*
Beginning at a stake being the Eastermost Corner of the last men- tioned Lot No 4 from thence running north fifty eight degrees and thirty minutes west forty nine chains and forty five links to a Cedar Tree Mark- ed in the Cedar Swamp being a Corner of the last mentioned Lot, thence north thirty one degrees and thirty minutes East twenty six chains and sixty three links to Pinhorns Creek, then returning to the place of Begin- ning and from thence running along the line of the Bergen Lots north thirty five degrees east thirty three chains and fifty four links to a stake, thence north fifty eight degrees and thirty minutes West twenty six chains and sixty links to a stake by Cromkill on the North side of the mouth of Pinhorn's Ditch, thence along said Ditch northwest twelve chains to said Pinhorns Creek, then down the same as it runs till it meets with the last mentioned line that runs to said Creek, Containing about One Hundred and sixty five Acres.
* 14 And we adjudge a Certain Portion or share of said Com- * mon Land to belong to Edmond Kingsland.
Our Survey of which said portion as laid down on the Map, shews, and we adjudge it to be a Tract of Land Marked No 6.t
Beginning at a stake being the Eastermost Corner of the last men- tioned Lot No 5, from thence running along the line thereof North fifty eight degrees and thirty minutes west twenty six chains and sixty links to a stake by the Cromkill on the north side of the mouth of Pinhorn's Ditch, then returning to the place of Beginning, from thence running along the line of the Bergen Lots north thirty five degrees east eight chains and forty two links to a stake, thence north fifty eight degrees and thirty minutes west twenty six chains and sixty three links to said Crom-
" Banker conveyed this lot to John E. Earle June 7, 1792. Earle conveyed the southwesterly part of it to Peter Sip June 25, 1800, and thirteen acres and eleven one- hundredths of an acre of it to Peter Wilson April 20, 1804. Jasper Cadmus sold one hundred and thirty acres and eleven one-hundredths of an acre to Jolm Sturge, jr., Sept. 17, 1833 (July 30, 1829?), who conveyed to his son John Oct. 22, 1835.
t Kingsland conveyed this lot to Deborah, wife of James Outwater, Nov. 7, 1785.
.
297
GEORGE LEISLIE ET AL.
kill, thence up said Kill as it runs till it meets with the first line from the Beginning that runs to the same Containing about Twenty two Acres and three Tenths of an Acre.
And we adjudge a certain Portion or share of said Com - mon Lands to belong to George Leislie.
Our Survey of which said portion as laid down on the Map, shews, and we adjudge it to be a Tract of Land marked No 7 .*
* Beginning at a Stake being the Eastermost Corner of the last men- * 15 tioned Lot No 6, from thence Running North Fifty eight Degrees and Thirty Minutes West Twenty six Chains and sixty three Links to the Cromkill, then returning to the place of Beginning and from thence run- ning along the line of the Bergen Lots North Thirty five Degrees East seven Chains and sixty seven links to a Stake, thence North Fifty eight Degrees and thirty minutes West Twenty seven Chains and seventy links to said Cromkill, Thence up said kill as it runs, till it meets with the first line from the Beginning that runs to the same, Containing about Twenty Acres and seven tenths of an Acre.
And we adjudge a Certain Portion or Share of said Common Lands to belong to Josiah Hornblower Esqr. of Essex County.
Our Survey of which said Portion as laid down on the Map, shews, and we adjudge it to be a Tract of Land Marked No 8.t
Beginning at a Stake being the Eastermost Corner of the last men- tioned Lot No-7, from thence running North Fifty eight Degrees and thirty minutes West Twenty seven Chains and seventy links to the * * 16 Cromkill, then returning to the place of Beginning and from thence Run- ning along the line of the Bergen Lots North Thirty five Degrees East seven Chains and twenty one Links to a stake, thence North Fifty eight Degrees and thirty minutes West Thirty one Chains to Cromkill, thence up said kill as it runs till it meets with the first line running from the Beginning to said kill, Containing about twenty Acres and seven tenths of an Acre.
And we adjttage a Certain Portion or Share of said Common Lands to belong to William Earle late deceased, Garret Hopper and John Earle equally among them as Tenants in Common, the said William Earle's part thereof to be held and possessed by his Children in such proportion that each son have twice or double the share of each Daughter agreeably to a late Law directing the descent of Real Estate.
" Leslie's interest in Secaucus came through his marriage with Colonel Kingsland's daughter. He conveyed this lot to Hehigh Van Houten Aug. 13, 1785. Vide Vote to Lot No. 3, of Secaucus Commons, p. 11.
t Hornblower's interest in Secaucus came through his marriage with Elizabeth, daughter of William Kingsland. He conveyed this lot to Helmigh Van Houten Oct. 15, 1785. Fide Note to Lot No. 3, of Secaucus Commons, p. 11.
38
298
JOB SMITH ET AL.
Our Survey of which said Portion as laid down on the the Map, shews, and we adjudge it to be a Tract of Land Marked No 9 .*
*17
Beginning at a Stake, being the Eastermost Corner of the last men- tioned Lot No 8 from thence running North Fifty eight Degrees and thirty minutes West three Chains and forty two links to a stake, thence North six Degrees and fifteen minutes East * fourteen Chains and forty nine links to a Stake, thence South Fifty eight Degrees and thirty min- utes East Ten Chains and thirty six links to a stake, in the line of the Bergen Lots, thence along said line South Thirty five Degrees West thir- teen Chains and ten links to the place of Beginning, Containing about Nine Acres.
And we adjudge a certain Portion or share of said Common Lands to belong to Job Smith of Secaucus.
Our Survey of which said Portion as laid down on the Map, shews, and we adjudge it to be a Tract of Land Marked No 10 t
Beginning at a Stake standing in the line of Lot No 8 adjudged to Josiah Hornblower at Three Chains and fifty two links from the Easter- most Corner of said Lot which stake is a Corner of the last mentioned Lot No 9, and from thence running North Fifty eight Degrees and thirty minutes West Twenty seven chains and fifty eight links to the Cromkill, then returning to the place of Beginning, and from thence running North six Degrees and fifteen minutes East Five Chains and twenty links to a * 18 stake standing in the line of Lot No 9, thence North Fifty eight * De- grees and thirty minutes West twenty seven Chains and five links to said Cromkill, thence up the said Kill as it runs till it meets with the first line from the Beginning running to the said Kill Containing about Twelve Acres and eight tenths of an Acre.
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