USA > New York > Albany County > Albany > Albany bi-centennial. Historical memoirs > Part 33
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have erected, built and appropriated, at their own proper cost and charges, several public buildings, accommodations and conveniences, for the said town, as also certain pieces or parcels of ground for the use of the same, that is to say, the town-hall or stadt-house, with the ground thereunto belonging ; the church or meeting place, with the ground about the same ; the burial place, adjoining to the pallisades, at the south-east end of the town; the watch-house and ground thereunto belonging ; a certain piece or parcel of land, commonly called or known by the name of the pas- ture, situate, lying and being to the south-ward of the said town, near the place where the old fort stood, and extending along Hudson's River, till it comes over against the most northerly point of the island, commonly called Martin Gerritsen's Island, having to the east Hudson's River, to the south, the manor of Rensselaerwick, to the west the highway leading to the town, the pasture late in the tenure and occupation of Martin Gerretsen, and the pasture late in the tenure and occupation of Casper Jacobse, to the north the several pastures late in the tenure and occupation of Robert Sanders, Myndert Harmense and Evert Wendell, and the several gardens late in the tenure and occupation of Dirk Wessels, Killian Van Rensselaer and Abraham Staast, with their and every of their appurtenances; and also have established and settled one ferry from the said town to Greenbush, situate on the other side of Hudson's River, for the accommodation and conveniency of passen- gers, the said citizens and travellers : AND WHEREAS seve- ral of the inhabitants of the town do hold from and under his most sacred Majesty, respectively, as well by several and respective patents, grants and conveyances, made and granted by the late Governors and Commanders-in-Chief of the said Province, as otherwise, several and respective messuages, lands, tenements and hereditaments, in the town of ALBANY aforesaid, and that the said inhabitants of the said town of ALBANY, and their heirs and assigns respectively, may hold, exercise and enjoy, not only such and the same liberties, privileges, franchises, rights, royalties, free customs, jurisdic- tions and immunities, as they anciently have had, held, used and enjoyed, but also such public buildings, accommodations, conveniences, messuages, lands tenements and hereditaments in the said town of ALBANY, which, as aforesaid, have been by the inhabitants erected and built, or which have, as afore-
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said, been held, enjoyed, granted and conveyed unto them, or any of them, respectively.
3. KNOW YE THEREFORE, That I, the said Thomas Don- gan, by virtue of the commission and authority unto me given and power in me presiding, at the humble petition of the Justices of the Peace of the said town of ALBANY, and for divers other good causes and considerations me thereunto moving, HAVE given, granted, ratified and confirmed, and by these presents, for and on behalf of his most sacred Majesty aforesaid, his heirs and successors, do give, grant, ratify and confirm unto the said inhabitants of the said town, hereinafter agreed to be called by the name or names of The Mayor, Aldermen, and Commonalty of the City of ALBANY, all and every such and the same liberties, privileges, fran- chises, rights, royalties, free customs, jurisdictions and im- munities, which they have anciently had, held and enjoyed ; PROVIDED ALWAYS, That none of the said liberties, privi- leges, franchises, rights, free customs, jurisdictions or immu- nities, be inconsistent with, or repugnant to, the laws of his Majesty's kingdom of England, or other the laws of the general assembly of this Province ; and the aforesaid public buildings, accommodations and conveniences, pieces or par- cels of ground in the said town, that is to say, The said town-hall or stadt-house, with the ground thereunto belong- ing; the said church or meeting-place, with the ground about the same; the said burying-place, the watch house and ground thereto belonging; the said pasture and the afore-mentioned ferry, with their and every of their rights, members and appurtenances, together with all the profits, benefits and advantages that shall or may accrue or arise at all times hereafter, for anchorage or wharfage in the harbor, port or wharf of the said city, with all and singular the rents, issues, profits, gains and advantages which shall or may arise, grow or accrue by the said town-hall or stadt-house, and the ground thereunto belonging ; church or meeting place, with the ground about the same; burying-place, watch-house, pasture, ferry, and other the above mentioned premises, or any of theni, and also all and every the streets, lanes, high- ways and alleys, within the said city, for the public use and service of the said Mayor, Aldermen and Commonalty of the said city, and of the inhabitants of the places adjacent, and travellers there; together with full power, license and authority to said Mayor, Aldermen and Commonalty, and
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their successors for ever, to establish, appoint, order and direct the establishing, making, laying out, ordering, amend- ing and repairing of all streets, lanes, alleys, highways and bridges, water-courses and ferries, in and throughout the said city, or leading to the same, necessary, needful and conven- ient for the inhabitants of the said city and the parts adja- cent, and for travellers there : PROVIDED ALWAYS, That the said license so as above granted for the establishing, making and laying out streets, lanes, alleys, highways, ferries and bridges, be not extended or construed to extend, to the taking away of any person or persons right or property, without his or their consent, or by some known law of the said Province. AND for the consideration aforesaid, I do likewise give, grant, ratify and confirm unto all and every the respective inhabitants of the said city of ALBANY, and their several and respective heirs and assigns, all and every the several respective messuages, lands, tenements and here- ditaments, situate, lying and being in the said city, to them severally and respectively granted, conveyed and confirmed by any the late Governors, Lieutenants, or Commander-in- Chief of the said Province, or by the Commissaries or Justices of the Peace, or other Magistrates of ALBANY aforesaid, or otherwise howsoever; To HOLD to their sev- eral and respective heirs and assigns for ever.
4. AND I do, by these presents, give and grant to the said Mayor, Aldermen and Commonalty of the said city of ALBANY, all the waste, vacant, unpatented and unappropri- ated land lying and being within the said city of ALBANY, and the precincts and liberties thereof, extending and reach- ing to the low water mark, in, by and through all parts of the said city ; together with all rivers, rivulets, coves, creeks, ponds, water-courses, in the said city, not heretofore given or granted by any of the former Governors, Lieutenants, or Commanders-in-Chief, under their or some of their respect- ive hands and seals, or the seal of the Province, to some respective person or persons, late inhabitants of the said city, or of other parts of the said Province; and also the royalties of fishing, fowling, hunting, hawking, mines, min- erals and other royalties and privileges belonging or apper- taining to the city of ALBANY, gold and silver mines only excepted.
5. AND I do, by these presents, give, grant and confirm unto the said Mayor, Aldermen and Commonalty of the said
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city of ALBANY, and their successors, forever, full and free license and liberty of fishing in Hudson's River, not only within the limits of the said city, but without, even so far northward and southward as the river does extend itself, within the said county of ALBANY, together with free liberty, license and authority, to and for the said Mayor, Aldermen and Commonalty of the said city of ALBANY aforesaid, and their successors, at all time and times hereafter, for and during the space of one and twenty years, from and after the fourth day of November, last past, to be accomplished, and fully to be complete and ended, to cut down and carry away, out of any part of the manor of Rensselaerwyck, (provided it be not within any fenced or enclosed land) such firewood and timber, for building and fencing, as to them shall seem meet and convenient.
6. AND I do, by these presents, grant unto the said Mayor, Aldermen and Commonalty of the city of ALBANY, and their successors forever hereafter, all such strays as shall be taken within the limit, precincts and bounds of the said city.
7. AND I do, by these presents, give and grant unto the said Mayor, Aldermen and Commonalty, of the city of ALBANY, and their successors, full liberty and license, at their pleasure, to purchase from the Indians, the quantity of five hundred acres of low or meadow land, lying at a certain place, called or known by the name of Schaaghte- cogue, which quantity of five hundred acres shall and may be, in what part of Schaaghtecogue, or the land adjacent, as they, the said Mayor, Aldermen and Commonalty of the city of ALBANY, shall think most convenient.
8. AND I do, by these presents, give and grant unto the said Mayor, Aldermen and Commonalty, full power and license at their pleasure, likewise to purchase from the Indians, the quantity of one thousand acres of low or meadow land, lying at a certain place, called or known by the name of Tionnondoroge, which quantity of one thou- sand acres of low or meadow land, shall and may be, in what part of Tionnondoroge, or the land adjacent on both sides of the river, as they the said Mayor, Aldermen and Commonalty of the said city of ALBANY, shall think most convenient ; which said several parcels of low or meadow land, I do hereby, in behalf of his said Majesty, his heirs and successors, give, grant and confirm unto the said Mayor, Aldermen and Commonalty of the city of ALBANY afore-
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said, to be and remain to the use and behoof of them and their successors forever. TO HAVE AND TO HOLD, all and singular the premises, to the said Mayor, Aldermen and Commonalty of the said city of ALBANY, and their succes- sors forever, RENDERING and paying therefor unto his most sacred Majesty, his heirs, successors and assigns or to such officer or receiver, as shall be appointed to receive the same, yearly, forever hereafter, the annual quit-rent or acknowledgement of one beaver skin, in ALBANY, on the five and twentieth day of March, yearly and forever.
9. AND moreover, I will, and by these presents for his said Majesty, his heirs and successors, grant, appoint, and declare, that the said city of ALBANY, and the compass, pre- cincts, and limits thereof, and the jurisdiction of the same, shall from henceforth extend and reach itself, and shall and may be able to reach forth and extend itself, as well in length and breadth, as in circuit, on the east by Hudson's River, so far as low water mark ; to the south, by a line to be drawn from the southermost end of the pasture, at the north end of the said island, called Martin Gerritson's Island, running back into the woods, sixteen English miles due northwest, to a certain kill or creek, called the Sand- Kill ; on the north, to a line to be drawn from the post, that was set by Governor Stuyvesant, near Hudson's River, running likewise, northwest sixteen English miles; and on the west by a straight line, to be drawn from the points of the said north and south lines; wherefore by these presents, I do firmly enjoin and command for and on behalf of his said Majesty, his heirs and successors, that the aforesaid Mayor, Aldermen and Commonalty of the city aforesaid, and their successors, shall and may freely and quietly have, hold, use and enjoy the aforesaid liberties, authorities, juris- dictions, franchises, rights, royalties, privileges, advantages, exemptions, lands, tenements, hereditaments and premises, aforesaid, in manner and form aforesaid, according to the tenure and effect of the aforesaid grants, patents, customs, and these letters patent of grant and confirmation, without the let, hindrance or impediment of any of his Majesty's Governors, Lieutenants, or other officers whatsoever; and that the said mayor, Aldermen and Commonalty of the city aforesaid, and their successors or any of them, in the free use and enjoyment of the premises, or any of them, by the Lieutenants or Governors of his said Majesty, his heirs
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and successors, or by any of them, shall not be hindered, molested, or in any wise disturbed.
10. AND also, I do, for and on the behalf of his most sacred Majesty, his heirs and successors, ordain and grant to the Mayor, Aldermen and Commonalty of the city of ALBANY, and their successors, by these presents, that for the better government of the said city, liberties and precincts thereof, there shall be forever hereafter, within the said city, a Mayor, Recorder, Town-Clerk, and six Aldermen and six Assistants, to be appointed, nominated, elected, chosen and sworn, as hereinafter is particularly and respectively men- tioned, who shall be forever hereafter, called the Mayor, Aldermen, and Commonalty of the city of ALBANY, and that there shall be forever, one Chamberlain or Treasurer, one Sheriff, one Coroner, one Clerk of the Market, one High- Constable, three Sub-Constables, and one Marshal or Ser- geant at Mace, to be appointed, chosen and sworn in man- ner hereinafter mentioned.
II. AND I do, by these presents, for and on behalf of his most sacred Majesty, his heirs and successors, ordain, declare, constitute, grant and appoint, that the Mayor, Recorder, Aldermen and Assistants of the said city of ALBANY, for the time being, and their successors forever hereafter, be and shall be, by force of these presents one body corporate and politic, in deed, fact and name, by the name of The Mayor, Aldermen and Commonalty of the city of ALBANY; and them by the name of the Mayor, Aldermen and Common- alty of the city of ALBANY, one body corporate and politic, in deed, fact and name; and I do really and fully create, ordain, make, constitute and confirm, by these presents, and that by the name of The Mayor, Aldermen and Commonalty of the city of ALBANY, that they may have perpetual suc- cession, and that they and their successors, forever by the name of the Mayor, Aldermen and Commonalty of the city of ALBANY, be and shall be, forever hereafter, persons able, and in law capable to have, get, receive and possess lands, tenements, rents, liberties, jurisdictions, franchises and hereditaments, to them and their successors, in fee simple, or for term of life, lives or years, or otherwise ; and also goods and chattels, and also other things of what nature, quality or kind soever ; and also to give, grant, let, set and assign the said lands, tenements, hereditaments, goods and chattels, and to do and execute all other things in and about the same
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by the name aforesaid ; and also, that they be, and forever shall be, persons able in law, capable to plead, and be im- pleaded, answer, and be answered unto, defend and be de- fended, in all or any of the courts of his said Majesty, and other places whatsoever, and before any Judges, Justices, and other person or persons whatsoever, in all and all man- ner of actions, suits, complaints, demands, pleas, causes, and matters whatsoever, of what nature, kind, or quality soever, in the same, and the like manner and form as other people of this Province, being persons able and in law capable, may plead and be impleaded, answer and be answered unto, defend and be defended, by any lawful ways or means what- soever ; and that the said Mayor, Aldermen and Common- alty of the city of ALBANY, and their successors, shall and may forever hereafter, have one common seal to serve for the sealing of all and singular their affairs and business, touching or concerning the said corporation. And it shall and may be lawful to and for the said Mayor, Aldermen and Commonalty of the said city of ALBANY, and their succes- sors, as they shall see cause, to break, change, alter and new make their said common seal, and as often as to them shall seem convenient.
12. AND FURTHER KNOW YE, that I have assigned, named, ordained and constituted, and by these presents, do assign, name, ordain and constitute, Peter Schuyler, to be the present Mayor of the said city of ALBANY, and that the said Peter Schuyler shall remain and continue in the office of Mayor there, until another fit person shall be appointed and sworn in the said office, as in and by these presents, is hereafter mentioned and directed. And I have assigned, named, or- dained and constituted, and by these presents do assign, name, ordain and constitute, Isaac Swinton, to be the present Recorder of the said city, to do and execute all things, which unto the office of Recorder of the said city doth, or may any way appertain or belong. And I have assigned, named, or- dained and constituted, and by these presents do ordain, con- stitute, create and declare, Robert Livingston, Town Clerk of the said city ; to do and execute all things which unto the office of Town Clerk, doth or may belong. And also I have named, assigned, constituted and made, and by these presents do assign, constitute and make Dirk Wessels, Fan Fans Bleecker, David Schuyler, Johannis Wendell, Lavinus Van Schaick and Adrian Garritse, citizens and inhabitants of the
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said city of ALBANY, to be the present Aldermen of said city. And also I have made, assigned, named and constituted, and by these presents do make, assign, name and constitute, Joachim Staats, Fohn Lansing, Isaac Verplanck, Lawrence Van Ale, Albert Ryckman, and Melgert Winantse, citizens and inhabitants of the said city, to be the present Assistants of the said city. Also I have assigned, chosen, named and constituted, Fan Bleecker, citizen and inhabitant of the said city, to be the present Chamberlain or Treasurer of the city aforesaid. And I have assigned, named, constituted and appointed, and by these presents do assign, name, constitute and appoint, Richard Pretty, one of the said citizens there, to be the present Sheriff of the said city. And I have assigned, named, constituted and appointed, and by these presents do assign, name, constitute and appoint, Fames Parker, one other of the said citizens, to be the present Marshal of the said city.
13. AND I do, by these presents, grant to the said Mayor, Aldermen and Commonalty of the said city of ALBANY, and their successors, that the Mayor, Recorder, Aldermen and Assistants of the said city, for the time being, or the Mayor and any three or more of the Aldermen, and any three or more of the Assistants, of the said city, for the time being, be, and shall be called, the Common. Council of the said city, and that they or the greater part of them, shall or may have full power and authority, by virtue of these presents, from time to time to call and hold Common Coun- cil, within the Common Council House, or City Hall of the said city ; and there, as occasion shall be, to make laws, orders, ordinances, and constitutions in writing ; and to add, alter, diminish, and reform them, from time to time, as to them shall seem necessary and convenient, (not repugnant to the prerogative of the King's Majesty, his heirs or suc- cessors, or to any laws of the kingdom of England, or other the laws of the General Assembly of the Province of Newe- York aforesaid) for the good rule, oversight, correction, and government of the said city, and liberties of the same, and of all the officers thereof, and of the several tradesmen, victuallers, artificers, and of all other people and inhabitants of the city, liberties and precincts aforesaid, and for the preservation of government, the Indian trade, and all other commerce and dealing, and for disposal of all the lands, tenements, and hereditaments, goods and chattels of the
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said corporation ; which said laws, ordinances, and constitu- tions shall be binding to all the inhabitants of the said city, liberties, and precincts aforesaid; and which laws, orders, ordinances, and constitutions, so by them to be made as aforesaid, shall be and remain in force, for the space of one year, and no longer, unless they shall be allowed and con- firmed by the Governor and Council, for the time being.
14. AND FURTHER, I will and grant to the said Common Council of the said city, for the time being, as often as they make, ordain, and establish such laws, orders, ordinances, and constitutions aforesaid, shall or may make, ordain, limit, provide, set, impose, and tax, reasonable fines and amercia- ments, against and upon all persons offending against such laws, orders, ordinances, and constitutions as aforesaid, or any of them, to be made, ordained, and established as afore- said, and the same fines and amerciaments shall and may require, demand, levy, take, and receive, by warrants, under the common seal, to and for the use and behoof of the Mayor, Aldermen and Commonalty of the said city, and their suc- cessors, either by distress and sale of the goods and chattels of the offenders therein, if such goods and chattels may be found within the said city, liberties, and precints thereof, rendering to such offender and offenders the overplus, or by any other lawful ways or means whatsoever.
15. AND I do, by these presents, for the King's Majesty, his heirs and successors, approve and ordain the assigning, naming and appointing of the Mayor and Sheriff of the said city, that it shall be as followeth, (viz.) upon the feast day of St. Michael, the arch angel, yearly, the Lieutenant- Governor or Commander-in-Chief, for the time being, by and with the advice of his council, shall nominate and appoint such a person as he shall think fit, to be Mayor of the said city. for the year next ensuing ; and one other person of sufficient ability in estate, and capacity in understanding, to be Sheriff of the said city of ALBANY, for the year next ensuing ; and that such person as shall be assigned, named, and appointed Mayor, and such person as shall be assigned, named, and appointed Sheriff of the said city as aforesaid, shall, on the 14th day of October, then next following, in the City Hall or Stadt-House aforesaid, take the several and respective corporal oaths before the Recorder, Aldermen and Assistants, or any three of the Aldermen and four of the Assistants of the said city, for the time being, for the
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due execution of their respective offices as aforesaid ; and that the said Mayor and Sheriff, so to be nominated and appointed as aforesaid, shall remain and continue in their respective offices until another fit person shall be nominated, appointed, and sworn in the place of Mayor, and one other person shall be nominated, appointed, and sworn in the place of Sheriff of the said city, in manner aforesaid ; which oaths the said Recorder, Aldermen, and Assistants, or any three or more of the Aldermen, shall and may lawfully administer, and have hereby power to administer to the said Mayor and the said Sheriff, so nominated and appointed, from time to time, accordingly.
16. AND FURTHER, That according to usage and custom, the Recorder and Town Clerk of the said city, shall be per- sons of good capacity and understanding, such as his most sacred Majesty, his heirs and successors, shall in the said respective offices of Recorder and Town Clerk, respectively appoint and commissionate ; and for defect of such appoint- ment, and commissionating, by his most sacred Majesty as aforesaid, his heirs and successors, to be such persons as the said Governor, Lieutenant or Commander-in-Chief of the said Province, for the time being shall appoint or commis- sionate ; which persons so commissionated to the said office of Recorder and office of Town Clerk respectively, shall have, hold and enjoy the said offices respectively, according to the tenor and effect of the said respective commissions, and not otherwise.
17. AND FURTHER, I will, that the Recorder, Town Clerk, Aldermen, Assistants, Chamberlain, High-Constables, Petty- Constables, and all other officers of the said city, before they, or any of them shall be admitted to enter upon and execute the respective offices, shall be sworn faithfully to execute the same, before the Mayor, or any three or more of the Alder- men, for the time being. And I do, by these presents, for and on behalf of his said Majesty, his heirs and successors, grant and give power and authority to the Mayor and Re- corder of the said city, for the time being, to administer the same respective oaths to them accordingly.
18. AND FURTHER, I will, and by these presents, do grant for and on behalf of his most sacred Majesty, his heirs and successors, that the Mayor, Aldermen and Recorder of the said city, for the time being, shall be justices and keepers of the peace of his said Majesty, his heirs and successors, and
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justices to hear and determine matters and causes within the said city, liberties and precincts thereof; and that they or any three or more of them, shall and may forever hereafter have power and authority, by virtue of these presents, to hear and determine all and all manner of petty larcenies, riots, routs, oppressions, extortions, and all other trespasses and offences whatsoever, within the said city of ALBANY, and the limits, precincts and liberties thereof, from time to time, arising and happening, and which shall arise or happen, and any way belong to the office of justice of the peace, and correction and punishment of the offenders aforesaid, and every of them, according to the laws of England, and the laws of the said Province; and to do and execute all other things in the said city, liberties and precincts as afore- said, so fully and in as ample a manner as to the commis- sioners assigned, and to be assigned for the keeping of the peace in the said city and county of ALBANY, doth or may belong.
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