USA > New York > Westchester County > A history of the county of Westchester, from its first settlement to the present time > Part 18
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mine, that the northerly north-east and north-west bounds of the sd town of Westchester, should for ever hereafter be concluded and ascertain'd by ye southerly line of the pattent of Onsal and the south and west line of Thos Pell, as by ye last above recited patent, relation being thereunto had, may more at large appear ; and, fforasmuch as the present trustees and other the freeholders and inhabitants of the sd town of Westchester, have lately, by their humble petition to our trusty and well beloved Benjan Ffletcher, our Capn Genl and Governr-in-chief of our said province of New York, in Amer- ica, pray'd our charter or pattent of confirmation of all those several tracts and parcels of land, and other the premises to them granted as aforesd, and that the said town of Westchester, and all and singular the lands and tene- ments thereunto belonging and appertaining, may forever hereafter, be a free borough and town corporate ; now knowe ye, that we do by this our royal pattent or charter of confirmation, for us, our heirs and successors, grant, ratify, approve and confirm, unto the sd trustees of the ffreeholders and in- habitants of our sd town of Westchester, and to their successors and assignes forever, all the several tracts and parcels of land hereinbefore recited, whose meets and bounds are forever hereafter to be taken, and esteemed to be and remain as follows : (viz.) the western bounds thereof are to begin at the west part of the land commonly call'd Brunks land, near or adjoining to Harlem river from whence they are to extend eastward to the west part of a neck of land, commonly call'd Ann-hook's neck, or the westermost bounds of Mr. Pell's pattent, southard by the Sound and East river, and so to run up a parrallell line from the east and west limits, north into the woods, until it meet the southerly line of the pattent of Oneal and the south and west line of Thomas Pell's patent, together with all and singular the houses, mesuages, tenements, erections and buildings, mills, mill dams, fences, inclosures, gardens, orch- ards, fields, pastures, common of pastures, meadows, marshes, swamps, plains, woods, underwoods, timber, trees, rivers, rivulets, runs, streams, water, lakes, ponds, pools, pits, braches, quarries, mines, minerals, (half of gold and silver mines excepted) creeks, harbours, highways, easements, fishing, hunting and fowling, and all other franchises, profits, commodities, hereditaments and ap- purtenances whatsoever, to the same belonging, or in any manner of ways ap- pertaining or therewithal us'd and enjoy'd, as part, parcel or member thereof, or accepted, requited or taken, to belong or in any wise to appertain thereun- to, to have and to hold and enjoy all and singular the abovesd tracts and parcels of land, hereditaments and premises, with their and every of their appurtenances unto the sd trustees of the ffreeholders and inhabitants of the said borough and town of Westchester, and their successors forever, to and for the several and respective uses following, and to no other use, intent or purpose whatsoever, (viz. ) as for and concerning all and singular the several and respective parcels of upland and meadow ground, part of the above granted premises, in any wise taken up and appropriated, either by patt't under the hand of any of our former gowvers of this our province, and sealed with the
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seal thereof, or by grant from the above mentioned trustees, or by particular divisions, settlements and grants, by town orders, either for planting of land, or erecting of saw mills, with all and every the privileges of cutting of tim- ber, and pastures for cattle, before the date of these presents, and that by vir- tue of any the hereinbefore recited grants or pattents or any of them, shall be and remain to the use and behoof of such of the several and respective ffrecholders and inhabitats respectively, and their several and respective heirs and assigns for ever, and particularly by one agreement made by the trustees of the sd town, bearing date the 2d day of December, 1694, with one Richard Ward, relating to the stream of the Great creek within the sd town, on which Coll. Caleb Heathcott and the sd Richard Ward, who are now equally co 1- cerned therein, are erecting of sundry mills, and is for and concerning all and every other the tracts and parcels of upland and meadow ground, remain- der of the above granted premises not yet taken up or appropriated by any particular person or persons as aforesaid, to be and remain to the only proper use and behoof of the sd trustees and the ffreeholders and inhabitants of the sd borrough and town of Westchester, and to their succes- sors and assignes forever, and to no other use, intent, or purpose whatsoever, To be holden of us, our heirs, and successors, according to the manner of East Greenwich in the county of Kent, within our realm of England, in free and common socage, rendering and paying unto us, our heirs, and successors, or to the hands of our receiver genl of our sd province of New York for the time being or to such other officer or officers as shall be appointed to receive the same for and out of the sd tracts and parcels of land and other the premises the sum of thirty shillings current money of N. York, upon every 25th day of March forever hereafter. And we do farther give and grant unto the ffree- holders and inhabitants of the sd town of W. Chester, and to their heirs and assigns forever, full power and authority annually and once every year, and that upon the first Monday in the month of May, that they the said ffreeholders and inhabitants shall and may as formerly hath been accustomed in the sd town, to elect and choose twelve freeholders for their trustees, who shall have full power and authority, or the major part of them, to order and dispose of all or any part of the undivided land within sd town limits and precincts thereof, as fully and amply to all intents, constructions, and purposess as formerly they have used and been accustomed to do. And farther of our especial grace, certain knowledge, and meer motion, we do, for us, our heirs, and succesors, grant, constitute, ordain, and appoint, hy this our present charter, that all and singular the lands, tenements, and hereditaments herein before in this our sd royal charter and grant granted and confirmed, mentioned or intended to be granted and confirmed, shall from henceforth forever be a free borough and corporation, excepting and always reser: ing out of the sd borough or corpora- tion all that tract of land scituate and being upon the east side of Harlem river aforesd, and which did formerly belong to Coll. Lewis Morris, deced, and which now is in the tenure and occupation of James Graham, Esqr., and to be
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and remain out of the jurisdiction of the sd corporation. And farther of our especial grace, certain knowledge, and meer motion, do, for us, our heirs, and successors, grant, constitute, ordain, and appoint, by this our present charter, that the sd town of W. Chester and all and singular the lands and tenements thereunto belonging and appertaining may forever hereafter be a free borough and town corporate, and shall be. called the borough and town of W. Chester, and that in the sd town corporate there shall be a body politick consisting of a mayor, six aldermen, and six assistants, or common council of the sd borough and town of W. Chester, to continue in succession forever, and for the more full and perfect erection of the sd corporation and body politick to consist, continue, and be of a mayor, six aldermen, and six assistants, or common coun- cil of the sd borough or town to be called and known by the name of the may- or, aldermen, and commonay of the borough and town of W. Chester.
We of our especial grace, certain knowledge and meer motion, do by these presents for us, our heirs and successors, create, make, ordain, constitute, nominate and appoint our trusty and well beloved Coll. Caleb Heathcote, Esq. one of our councellors of our sd province of N. York, to be the first and now mayor of the sd town and borough of W. Chester, and to continue in the said office untill the first Mouday in the month of May, which shall be in the ninth year of our reign. And we do likewise create, make, ordain, constitute, no- minate and appoint Wm. Barns, Jno. Stuert, Wm. Willett, Thos. Baxter, Josiah Stuert and Jno. Baily, gents., to be first aldermen of the sd borough and town of Westchester, and Israel Honeywell, Robert Hustis, Sam'l Hus- tis, Sam'l Ferris, Daniel Turner and Miles Oakley, gents., the first assistants and common council of the sd borough and town, and that the sd mayor, ald'n and common council and their successors, shall for ever hereafter be in name and in deed a body corporate and politick and shall forever hereafter be called and known in all courts whatsoever, plead and be impleaded by the name of the Mayor, Ald'n and Commonalty of the Borough and Town of W. Chester. And of our further grace, certain knowledge and meer motion, and to the in- tent that the sd corporation and body politick by these presents created and began as aforesd, may have perpetual succession and continue forever, we do by these presents for us, our heirs and successors, grant unto the sd mayor, ald'n and common council and their successors for ever, that the sd mayor and ald'n of the sd borough and town of W. Chester, for the time being, shall and may from time to time, whensoever and as often as they shall think meet. admit and receive under the common seal of the sd corporation to be of the commonalty of the sd borough and town, such and so many persons as the said mayor and alder'n, or the mayor for the time being and the greatest part of the sd alder'n shall think meet, and that every such person and persons by them the sd mayor and alder'n or the greater part of them as afores'd to be admitted and received as afores'd, shall immediately after such admission be free men of the sd borough and town and members of the sd body politick, and have and enjoy all such the same and so many priviledges, franchises and im-
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munities, as if the said persons so to be admitted had been specially and par- ticularly named in this our sd royal charter to be of the sd commonality. And further we of our especial grace, certain knowledge, and meer motion, do by these presents, for us, our heirs and successor, give and grant unto the sd mayor, alder'n and common council of the sd borough and town of W. Ches- ter, that they and their successors shall from henceforth for ever be a body politick and incorporate, in deed and in name, and by these presents fully and absolutely make, create, constitute, establish and unite the sd mayor, alder'n and common council into one body politick and incorporate to endure and con tinue for ever, and them and their successors do declare, accept and allow for a perfect corporation and body politick for ever, and that the sd body politick and corporate shall be called and known for ever by the name of the Mayor, Alder'n and Commonalty of the Borough and Town of W. Chester, and that by that name they and their successors shall be able persons in law to make all manner of contracts and grants, and to make, receive and take all manner of gifts, grants and purchases as any other natural person or body politick is able to make, receive and take by the laws of our realm of England and this our province, and that they and their successors shall and may by that name implead any other person or persons, or be impleaded in any court or courts, in all and all manner of causes and actions, real and personal or mixt of what kind or nature soever, and claim and demand their liberties and franchesses before any judge or judges, ecclesiastical or secular, and otherwise do and execute all and every act and acts, thing and things whatsoever, which any other liege men which are enabled and made capable of the benefit of our laws within our realm of England or this our province of N. York, can or may lawfully do or execute. And farther of our especial grace, certain knowledge, and meer motion, we do by these presents for us, our heirs and successors, give and grant unto the sd mayor, alder'n and common council, that the sd Col. Caleb Heathcott and his successors, mayors of the sd town and borough of W. Chester afores'd for the time being, shall have the charge of free gov- ernm't of the sd borough and town of W. Chester during the time of his and their bearing the sd office, in as absolute and ample manner as is usual and customary with other mayors in the like corporations in our realin of England. And further because the sd mayor for the time being may many times have just occasion to be absent from the sd town, either of the public affairs thereof or for his own private respects, wee do therefore for us, our heirs and succes- sors, by these presents give and grant unto the sd mayor, ald'n and common councel and their successors, that the sd Coll. Caleb Heathcott and his suc- cessors, mayors of the sd borough and town of W. Chester, and every of them, shall have full power and authority from time to time during his year of government, with the consent of the said aldermen of the sd town for the time being or the greater part of them, to substitute in his absence some dis- creet and substantial person being one of the members of the sd aldermen inhabiting in the sd town or borough, to be his deputy mayor during the ab-
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sence of the said mayor, and each deputy mayor for the time being, we do by these presents fully and absolutely authorise to do and execute all things what- soever belonging to the sd office or place of mayor in as large and ample man- ner as if the sd mayor himself was personally present. And we do farther by these presents give and grant unto the sd mayor, aldermen and common councel of the sd borough and town of Westchester and their successors for ever, that the sd mayor for the time being or lawful deputy and any two or more of the sd aldn of the sd town shall and may lawfully hold and keep upon the first Tuesday in every month throughout the year a court within ye sd town of W. Chester, and therein shall have full power and authority to hold plea of all manner of debts, covenants, trespasses, accompts, detinues, de- mands, and all other actions personal of what kind or nature soever the same be, arising and growing only within the sd borough or town of W. Chester and the limits thereof, so as ye same doth not exceed in debt or damages the sum of twenty pounds current money of this our province, who shall have power to hear and determine the same pleas and accompts according to the rules of the common law of our realm of England and the acts of General Assembly of this our province of N. York. And farther of our like especial grace, certain knowledge and meer motion, we do by these presents for us, our heirs and successors, give and grant unto the said mayor, aldern and com- mon council of the sd borough and town of W. Chester and their successors for ever, that they and their successors for ever shall have a common seal un- der which they shall pass all grants, warrants, deeds and specialties, and other the affairs and business of or concerning the sd corporation, which shall be engraven with such form and inscription as shall be devised by the mayor, aldermen and common councel of the sd borough and town ; that the sd may- or, aldern and common council shall and may build, or cause to be built in some convenient place of the sd town a common hall or town house to be called by the name of the town hall of the borough and town of W. Chester, where the sd mayor, aldern and common council shall and may from henceforth for ever lawfully assemble themselves to deliberate and consult touching the publick welfare of the sd borough and town of Westchester, and that they and their successors shall and may from henceforth be a free guild meicaturie, and that they or the greater part of them and their successors of which the mayor to be one, shall and may from time to time in their public councels freely and lawfully make and establish all such ordinances, statutes, orders or by-laws as may tend to the good and wholesome government of the said borough and town and to ye public benefit of the inhabitants of the same, not being repug- nant to the common laws and statues of our realm of England, and this our province of N. York, and such ordinances, by-laws, statutes, orders, and de- crees as shall be made by them as aforesaid, we do by these presents, for us our heirs and successors, ratify, confirm and allow as good and effectual to bind all the inhabitants of the sd borough and town, and do expressly will and command by these presents that the same be duly put in execution, and that
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the sd mayor, aldern and common councel shall at any time or times hereafter have full power to establish a ferry over the Sound, between the said corpo- ration and the island of Nassau, in such convenient place or places as to the sd mayor and to the greater part of the said aldern shall seem meet and con- venient, and to take such fees and perquisites for the same for the use of the sd corporation, as is now paid for the fferidge between N .. York and the sd island.
And farther, for the more orderly government of the said borough and town, according to the form of the best governed towns and corporations of our realm of England, Wee do by these presents, for us, our heirs and successors, give and grant unto the s'd mayor, alder'n, and common council of the s'd borough and town of W. Chester, full power to elect and nominate one dis- creet and sufficient person, learned in ye law, to be recorder and town clerk of the s'd borough and town of W. Chester, during the pleasure of the s'd mayor, alder'n, and common council, and such person or persons as they the s'd mayor, alder'n, and common council shall choose to be recorder and town clerk of the s'd borough and town, Wee do, for us, our heirs and success'rs, make, ordain, and constitute recorder and town clerk of the s'd borough and town, and that the s'd person or persons may execute their s'd offices, by them- selves or lawful deputy or deputies, so that the same be first approved of by the s'd mayor and the major part of the said alder'n, and wee do hereby autho- rize the said recorder and town clerk, his or their lawful deputy or deputies, to use and exercise such jurisdictions and authority as the recorder and town clerk doth or ought to do in the like corporations in our realm of England. And further, we do by these presents, for us, our heirs and successors, make ordain, and constitute the s'd mayor and aldermen of the s'd borough and town of W. Chester to be justices of the peace within the s'd bounds and limits of the s'd town, and do hereby give them full power and authority to do and exe- cute all and every act and acts, thing and things whatsoever, within the s'd bounds and limits of the s'd borough and town, in as absolute and ample man- ner as any justice of the peace within the s'd county of W. Chester may or ought to do, by the laws and statutes of our realm of England and this our province of N. York. And we do further, for us, our heirs, and successors, give and grant unto the s'd mayor, aldermen, and common council of ye s'd borough for the time being, and to their success'rs forever, full power and au- thority to nominate and appoint, from time to time, one serjeant of the mace, and all other inferior officers and ministers which they shall think to be con- venient and necessary, and which are accustomary in any of our corporations in our realm of England, for ye service of the s'd borough and town ; all which officers being from time to time appoin'd by the s'd mayor and aldermen as afores'd, we do, for us, our heirs, and successors, by these presents, constitute and establish in their several offices, and do give them and every of them full power and authority to use and exercise ye same within the s'd borough and town, and within the limits and franchises thereof during ye will and pleasure
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of the sd mayor and aldermen as fully and freely as any other the like offi- cers in or of any of the like corporations in our realm of England lawfully may or ought to do, and the s'd office of mayor shall from thenceforth forever be annual, and that the sd mayor, alder'n, and common council shall from henceforth forever have frank and free election of the sd mayor, to be chosen yearly out of the number of the sd aldermen, and that by the votes of the greatest number of the said freeholders and inhabitants of the said corporation. and all other the said officers and ministers out of the rest of the number of the sd ffreeholders and inhabitants by ye greater number of the sd mayor, aldermen, and common council, and when and so often as any of the affores'd aldermen and common council who are hereby nominated and created for their limetime, or untill they or any of them shall be lawfully removed, or vollenta- rily remove themselves from the sd corporation, ye said aldermen to be elect- ed and chosen out of the number of the sd common council, and the number of the common council to be chosen and made up out of the freemen of the sd corporation by the grater vote of the sd freeholders and inhabitants thereof, and that always within fourteen days after the death or removal of any of them as afors'd. And farther our will and pleasure is that the first Monday in the month of May, yearly, shall be forever the day of election of the sd mayor and all other the sd officers and ministers which shall yearly succeed in the sd borough, unless the sd mayor for the time being happen to die or be lawfully remov'd within the year, in which case our pleasure is that the afores'd ffreeholders and inhabitants shall within fourteen days after the death or removal of any such mayor for the time being, as afores'd, proceed to elec- tion to some other of the sd aldermen to supply the place of the sd mayor, being void as afores'd, and that Coll. Caleb Heathcott, the present mayor, shall immediately, before he take upon him the said office and place, take the oaths lately appointed by act of parliament instead of the oaths of alliegeance and supremacy, and that the same be administered to him in the presence of our sd cap'n gene'l and gover'r in chief of our sd province of N. York, and the s'd Coll. Caleb Heathcott having taken ye said oaths, shall cause the same to be given in his presence as well to such persons as ye sd Coll. Caleb Heathcott shall at any time during his mayoralty leave to be his deputy in his absence as afores'd, as to the aldermen and common council created as afores'd, and to the recorder and all such other officers and ministers as shall be chosen in the said borough for the better government of the same, and that before they or any of them shall take upon them to execute any office or place by virtue of this our royal charter and pattent, and after the end of the mayoralty of the sd Coll. Caleb Heathcote, our will and pleasure is that every mayor of the sd town that shall be hereafter elected in manner afores'd shall imme= diately take the aboves'd oaths before three at the least of the aldermen of the sd borough, and that upon election of any other alder'n or common council, in case of death or removal as afores'd, or such other officers as shall be annually chosen to take the aboves'd oaths before the mayor for the time being, and any VOL. II. 25
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two of the sd aldermen, whom we do by these presents fully authorize to ad- minister and give the sd several oaths. And farther, of our especial grace certain knowledge and meer motion, do by these presents, for us, our heirs and successors, give and grant unto the sd mayor, alder'n, and common coun- cil of the borough and town of Westchester, and their successors forever, that they the sd mayor and alderman shall and may from henceforth forever, have, hold and keep, one free market within the sd borough and town upon every Wednesday in every week, and two fairs within the sd borough and town at two several times in the year, (viz.) the one to begin and to be holden within the said borough and town upon the second Tuesday in May, yearly forever, and to continue for three days and no longer, and the other of the sd fairs to begin upon the last Tuesday in October yearly, forever, and to continue also for three days and no longer, with power to erect several courts of pipowder, and the office of clerk of entries, and all other things thereunto belonging, with all and singular the perquisites and profits, issues, customs, tolls, fees, amercia- ments, commodities, jurisdictions and emoluments, to the sd courts, fairs, and markets, in any wise belonging and appertaining, and that the mayor of the said borough and town of W. Chester for the time being, and no other, have power and authority to give and grant license annually, under the public seal of the said corporation, to all tavern keepers, inn keepers, ordinary keepers, vicktuallers, and all publick sellers of wine, strong waters, rum, cyder, beer, or any other sort of strong liquors by retail, within the sd corporation or the liberties and precincts thereof ; and it shall and may be lawful to and for the sd mayor of the sd borough for the time being, or his lawful de- puty, to ask, demand, and receive for such licence by him to be given and granted as aforesd, such sum or sums of money as he and the person to whome such licence shall be given and granted shall agree for not exceeding the sum of 20s. for such licence, all which money as by ye said mayor shall be so receivd, shall be us'd and applyd to the public use of the mayor, alder- men and common council of the sd borough and their successors. And also we do, of our like especial grace, certain knowledg, and meer motion, by these presents, for us, our heirs, and successrs, grant unto the said mayor, aldermen and common council of the sd borough and town of W. Chester and their suc- cessrs forever, that the mayor with two or more of the aldermen for the time being, shall have full power to enquire, hear, and determine, of all frays and bloodsheds whatsoever, happening within the sd borough and town of W. chester, and the offenders therein to correct and punish according to the laws of our realm of England and this our province of N. York. And we do far- ther by these presents, for us, our heirs, and successrs, give and grant unto the sd mayor, aldern, and common council of the sd borough and town of W. Chester, and to their successrs forever that the mayor, or in his absence his deputy mayor of the sd borough and town for the time being, shall be coroner and clerk of the market within ye sd borough and town and the liberties there- of, giving and hereby granting unto the sd mayor and deputy mayor for the
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