USA > New York > New York City > History of the city of New York, from its earliest settlement to the present time > Part 45
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3. And I do by these presents, give and grant unto the said mayor, aldermen, and commonalty of the said city of New York, all the waste, vacant, unpatented and unappropriated lands, lying and being within the said city of New York, and on Manhattan's Island aforesaid, extending and reaching to the low-water mark, in, by and through all parts of the said city of New York, and Manhattan's Island aforesaid, together with all rivers, rivulets, coves, creeks, ponds, waters, and water-courses in the said city and island, or either of them, not heretofore given or granted, by any of the former governors, lieutenants, or commanders-in-chief, unde: their or some of their hands and seals, or seal of the province, or by any of the former mayors or deputy mayors and
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aldermen of the said city of New York, to some respective person or persons, late inhabitants of the said city of New York, or Manhattan's Island, or of other parts of the said province.
And I do by these presents, give, grant, and confirm unto the said mayor, aldermen and com- monalty, of the said city of New York, and their successors forever, the royalties of fishing, fowl- ing, hunting, hawking, minerals and other royalties and privileges, belonging or appertaining to the city of New York, and Manhattan's Island aforesaid (gold and silver mines only excepted), to have, hold, and enjoy all and singular the premises, to the said mayor, aldermen and commonalty of the said city of New York, and their successors forever, rendering and paying therefor, unto his most sacred majesty, his heirs, successors or assigns, or to such officer or officers, as shall be appointed to receive the same, yearly forever hereafter, the annual quit-rent or acknowledgment of one beaver skin, or the value thereof, in current money of this province, in the said city of New York, on the five-and-twentieth day of March, yearly forever.
4. And, moreover, I will, and by these presents do grant, appoint, and declare, that the said city of New York, and the compass, precincts and limits thereof, and the jurisdiction of the same, shall from henceforth extend and reach itself, and may and shall be able to reach forth and extend itself, as well in length and in breadth as in circuit, to the farthest extent of, and in, and through- out all the said Island Manhattan's, and in and upon all the rivers, rivulets, coves, creeks, waters water-courses, belonging to the same island, as far as low-water mark. And I do also, for and on behalf of his most sacred majesty aforesaid, his heirs and successors, firmly enjoin and command, 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, jurisdic- tions, franchises, rights, royalties, privileges, exemptions, lands, tenements, hereditaments and pre- mises aforesaid, in manner and form aforesaid, according to the tenor and effect of the aforesaid grants, patents, customs, and letters patents of grant and confirmation, without the let, hinderance or impediment of me, or any of my successors, governors, lieutenants, or other officers whatsoever.
5. And also, I do, for and on the behalf of his most sacred majesty aforesaid, his heirs and suc- cessors, grant to the mayor, aldermen, and commonalty of the said city of New York, and their successors, by these presents, that for the better government of the said city, liberties and precincts thereof, there shall be foreve. hereafter within the said city, a mayor and recorder, town clerk, and six aldermen, and six assistants, to be appointed, nominated, elected, chosen and sworn, as hereinafter is particularly and respectively mentioned, who shall be forever hereafter called, the mayor, aldermen, and commonalty of the city of New York ; and that there shall be forever, one chamberlain, or treasurer, one sheriff, one coroner, one clerk of the market one high constable, seven sub-constables, and one marshal or sergeant-at-mace, to be appointed, chosen, and sworn, in manner hereinafter mentioned.
6. And I do, by these presents, for and on the behalf of his most sacred majesty aforesaid, his heirs, successo:'s and assigns, declare, constitute, grant, and appoint, that the mayor, recorder, aldermen, and assistants, of the said city of New York, for the time being, and they which hereafter shall be the mayor, recorder, and aldermen, and assistants, of the sa'd city of New York, for the time being, and their successo.'s, 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 New York; and them by the name of, the mayor, aldermen, and com- monalty of the city of New York, one body corporate and politic, in deed, fact, and name; 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 New York, they may have per- petual succession ; and that they, and their successors, forever, by the name of, the mayor, alder- men, and commonalty of the city of New York, be, and shall be, forever hereafter, persons able, and in law capable, to have, get, receive, and possess lands, tenements, rents, liberties, jurisdic- tions, 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, kind or quality soever ; and also to give, grant, let, set, and assign, the same lands, tenements, hereditaments, goods and chattels ; and to do and execute all other things about the same, by the name aforesaid. And also that they be, and forever shall be hereafter, persons able in law, capa- ble to plead and be impleaded, answer and be answered unto, defend and be defended, 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 manner of actions, suits, complaints, demands, pleas, causes, and matters, whatsoever, of what nature, kind, or quality soever, in the same, and in like manner and form as other people of the said 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 and means whatsoever; and that the said mayor, aldermen, and commonalty of the said city of New York, and their successors, shall and may forever hereafter, have one common seal to serve for the sealing of all and singular their affairs and businesses
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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 New York, and their successo s, as they shall see cause to break, change, alter, and new-make, their said common seal, when, and as often as to them it shall seem convenient.
7. And further, know ye, That I have assigned, named, ordained, and constituted, and, by these presents, do assign, name, ordain, and constitute, Nicholas Baya. d, now mayor of the said city of New York, to be present mayor of the said city ; and that the said Nicholas Bayard shall remain and continue in the office of mayor there, until another fit person shall be appointed and sworn in the said office, according to the usage and custom of the sa d city ; and as in and by these presents is hereafter mentioned and directed And I have assigned, named, ordained, and constituted, and by these presents, do assign, name, ordain, and constitute, create and declare James Graham, Esq., to be the present recorder of the said city ; to do and execute all things, which unto the said office of recorder of the said city doth, or may in anywise appertain or belong. And I have assigned, named, ordained, and constituted, and by these presents, do assign, name, ordain, constitute, cre- ate and declare John West, Esq., town clerk of the said city; to do and execute all things which unto the office of town clerk may in anywise appe. tain or belong. And I have named, assigned, constituted, and made, and by these presents, do assign, name, constitute. and make, Andrew Lown, John Robinson, William Beekman, John Delaval, Abraham De Peyste , and Johannes Kip, c.tizens and inhabitants of the said city of New York, to be the present aldermen of the said city. And also, I have made, assigned, named, and constituted, and by these presents, do assign, name, const tute, and make, Nicholas De Myer, Johannes Van Bugh, John De B own, Teunis De Key, Ab. aham Corbit, and Wolfert Webber, citizens and inhabitants of the said city, to be the p. esent assistants of the said city. And, also, I have assigned, chosen, named, and constituted, and by these presents do assign, choose, name, and constitute Peter De Lanoy, citizen and inhabitant of the said city, to be the present chamberlain or treasurer of the city afo esaid. And I have assigned, named, constituted and appointed, and by these presents, do assign, name constitute, and appoint John Knight, Esq , one other of the said citizens there, to be present sheriff of the said city, and have assigned, named, constituted, and appointed, and by these presents do assign, name, constitute, and appoint Ja vis Marshal, one other of the said citizens there, to be the present marshal of the said city. And I do by these presents, grant to the said mayor, aldermen, and commonalty of the said city of New York, and their successors, that the mayor, recorder, aldermen, and assistants of the said city for the time being, or the mayor, recorder, and any three or more of the aldermen, and any three or core of the assistants, 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 council, 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 or reform them, from time to time, as to them shall seem necessary and convenient, (not repugnant to the prerogative of his most sacred majesty aforesaid, his heirs and successors, or to any of the laws of the kingdom of England, or other the laws of the general assembly of the province of New York,) for the good rule, oversight, correction, and government of the said city and liberties of the same, and of all the officers thereof and for the several tradesmen, victuallers, artificers, and of all other the people and inhabitants of the said city, liberties, and precincts, aforesaid, and for the better preservation of government, and disposal of all the lands, tenements, and hereditaments, goods and chattels of the said corporation ; which laws, orders, ordinances, and constitutions, 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 made, as aforesaid, shall be and remain in force for the space of three months, and no longer, unless they shall be allowed of and confirmed by the governor and council for the time being. And I do further, on the behalf of his sacred majesty aforesaid, his heirs and successors, appoint and grant. that 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, as aforesaid, shall or may make, ordain, limit, provide, set, impose, and tax, reasonable fines and amerciaments 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 aforesaid, and the same fines and amercia- ments, 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 successors, either by distress and sale of the goods and chattels of tlie offender therein, if such goods and chattels may be found within the said city, liberties and precincts thereof, rendering to such offender and offenders, the overplus, or by any other lawful ways or means whatsoever.
8. And I do, by these presents, appoint and ordain the assigning, naming and appointment of the mayor and sheriff of the said city, that it shall be as followeth. (viz.) upon the feast day of Saint Michael the Arch-angel, yearly, the lieutenant-governor or commander-in-chief, for the time being,
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by and with the advice of his council, shall nominate and appoint such person as he shall think fitto be mayor of the said city, for the year next ensuing : and one other person of sufficient ability and estate, and of good capacity in understanding to be sheriff of the said city of New York, for the year next ensuing ; and that such person as shall be named, assigned, and appointed mayor, and such person as shall be named, assigned, and appointed sheriff of the said city, as aforesaid, shall, on the fourteenth day of October then next following, take their several and respective corporal oaths, before the governor and council, for the time being, for the due execution of their respective offices as aforesaid ; and that the said mayor and sheriff, so to be nominated, assigned, and appointed, as aforesaid, shall remain and continue in their said respective offices until another fit person shall be nominated, appointed and sworn in the place of mayor; and one other person shall be nominated and appointed in the place of sheriff of the said city, in manner aforesaid. And urther, That according to the now usage and custom of the said city, the recorder, town clerk, and clerk of the market of the said city, shall be persons of good capacity and understand- ing, and such persons as his most sacred majesty aforesaid, his heirs and successors, shall, in the said respective offices of recorder, town cleik, and clerk of the market, appoint and commissionate ; and for defect of such appointments, and commissionating, by his most sacred majesty aforesaid, his heirs and successors, to be such persons as the lieutenant governor and commander-in-chief of the said province for the time being. shall appoint and commissionate ; which persons so commis- sionated to the said offices of recorder, town clerk, and clerk of the market, shall have, hold and enjoy, the said offices, according to the tenor and effect of their said commissions, and not otherwise. And further, That the recorder, town clerk, clerk of the market, aldermen, assistants, chamber- lain, high constable, petty constables, and all other officers of the said city, before they or any of them, shall be admitted to enter upon and execute their respective offices, shall be sworn faithfully to execute the same, before the mayor, or any three or more of the aldermen for the time being. And I do, by these presents, for and on the behalf of his most sacred majesty, his heirs and suc- cessors, grant and give power and authority to the mayor and recorde: of the said city for the time being, to administer the same respective oaths to them accordingly. And further, I do by these pres- ents grant, for and on the behalf of his most sacred majesty aforesaid, his heirs and successors, that the mayor and recorder of the said city for the time being, and three or more of the aldermen of the said city, not exceeding five, shall be justices and keepers of the peace of his most sacred majesty, his heirs and successors, and justices to hear and determine matters and causes within the said city and lib- erties, and precincts thereof ; and that they, or any three or more of them, whereof the mayor and recorder, or one of them, for the time being, to be there, shall and may forever hereafte , have power and authority, by virtue of these presents, to hear and determine all and all manner of petty larcenies, riots, routs, oppressions and extortions, and other trespasses and offences whatsoever, within the said city of New York, and the liberties and precincts aforesaid, from time to time, aris- ing and happening, and which arise or happen and any ways belonging to the offices of justices of the peace, and the correction and punishment of the offences 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 aforesaid, so fully and in ample manner, as to the commissioners assigned, and to be assigned for the keeping of the peace in the said county of New York, doth or may belong.
9 And, moreover, I do by these presents, for and on the behalf of his most sacred majesty afore- said, his heirs and successors, appoint, that the aldermen. assistants, high constable, petty consta- bles, within the said city, be yearly chosen on the feast day of St. Michael the Arch angel, forever, (viz.) one alderman, one assistant, and one constable for each respective ward, and one constable for each division in the out-ward, in such public place in the said respective wards, as the alderman for the time being, for each ward shall direct and appoint ; and that the aldermen, assistants, and petty constables, be chosen by majority of voices of the inhabitants of each ward; and that the high constable be appointed by the mayor of the said city for the time being ; and that the chamberlain shall be yearly chosen, on the said feast day, in the said city hall of the said city, by the mayor, and alderman and assistants, or by the mayor or three or more of the aldermen, and three or more of the assistants of the said city, for the time being. And I do, by these presents, constitute and appoint the said John West, to be the present town clerk, clerk of the peace, and clerk of the court of pleas, to be holden before the mayor, recorder and aldermen, within the said city, and the liberties and precincts thereof. And further, do by these presents, for and on the belialf of his most sacred majesty aforesaid, his heirs and successors, require and strictly charge and com- mand, that the sheriff, town clerk, clerk of the peace, high constable, petty constables, and all other subordinate officers in the said city, for the time being, and every of them respectively, jointly and severally. as cause shall require, shall attend upon the said mayor, recorder, and aldermen, of the said city, for the time being, and every or any of them, according to the duty of their respective places, in and about the executing of such commands, precepts, warrants and pro-
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cesses, of them and every of them, as belongeth and appertaineth to be done or executed ; and that the aforesaid mayor, recorder and aldermen, and every of them, as justices of the peace for the time being, by their or any of their warrants, all and every person and persons for high treason or petty treason, or for suspicion thereof, or for other felonies whatsoever, and all malefactors and disturbers of the peace, and other offenders for other misdemeanors, who shall be apprehended within the said city, or liberties thereof, shall and may send and commit, or cause to be sent and committed, to the common jail of the said city, the e to remain and be kept in safe custody, br the keeper of the said jail, or his deputy, for the time being, until such offender and offenders shall be lawfully delivered thence. And Ido, by these presents, for and on the behalf of his most sacred majesty aforesaid, his heirs and successors, charge and require the keeper and keepers of the said jail for the time being, and his and their deputy and deputies, to receive take and in safe custody to keep, all and singular such person and persons so apprehended, or to be apprehended, sent and committed to the said jail, by warrant of the said justices, or any of them as aforesaid, until he and they so sent and committed to the said jail, shall from thence be delivered by due course of law.
10. And further, I do grant and confirm for and on the behalf of his most sacred majesty afore- said, his heirs and successors, that the said mayor of the said city, for the time being, and no other (according to the usage and custom practised in the said city of New York, in the times of my predecessors, the several lieutenants, governors, and commanders-in-chief of this province), shall have power and authority to give and grant licenses annually, under the public seal of the said city, to all tavern-keepers, inn-keepers, ordinary-keepers, victuallers, and all public sellers of wine, strong waters, cider, beer, or any other sort of liquors, by retail within the city aforesaid, Manhat- tan's Island, or their liberties and precincts thereof ; and it shall and may be lawful to and for the said mayor of the said city, for the time being, to ask, demand, and receive, for such license by him to be given and granted as aforesaid, such sum or sums of money as he and the person to whom such license shall be given or granted, as shall agree for, not exceeding the sum of thirty shillings for each license. All which money, as by the said mayor, shall be so received, shall be used and applied to the public use of the said mayor, aldermen and commonalty of the said city of New York, and their successors, without any account thereof to be rendered, made or done. to any of the lieutenants or governors of this province, for the time being, or any of the.r deputies.
11. And know ye, That for the better government of the said city, and for the welfare of the said citizens, tradesmen, and inhabitants thereof, I do by these presents, for and on the behalf of his most sacred majesty, his heirs and successors, give and grant to the said mayor, aldermen, and commonalty of the said city, and their successors, that the mayor, recorder, and aldermen, or the mayor and any three or more of the aldermen, for the time being, shall, from time to time, and all times hereafter, have full power and authority, under the common seal, to make free citizens. of the sa'd city and l'herties thereof; and no person or persons whatsoever, other than such free citizens, shall hereafter use any art, trade, mystery, or manual occupation, within the said city, liberties and precincts thereof, saving in the times of fairs there to be kept, and during the con- tinuance of such fai's only. And in case any person or persons whatsoever, not being free citizens of the said city, as afo esaid, shall at any time hereafter use or exercise any art, trade, mystery, or manual occupation, or shall by himself, themselves, or others, sell, or expose to sale, any manner of merchandise, or wares whatsoever, by retail, in any house, shop, or place, or standing within the said city, or the liberties or precincts thereof : no fair being then kept in the said city, and shall persist therein, after warning to him or them given, or left by the appointment of the mayor of the said city, for the time being. at the place or places where such person or persons shall so use o" exercise any art, trade, mystery or manual occupation ; or shall sell or expose to sale any wares or merchandises, as aforesaid, by retail ; then it shall be lawful for the mayor of the said city, for the time being, to cause such shop windows to be shut up, and also to impose such reasonable fine for such offence, not exceeding five pounds for every respective offence ; and the same fine and fines so 'mposed, to levy and take by warrant under the common seal of the said city, for the time being, by distress and sale of the goods and chattels of the person or persons so offending in the premises, found within the liberties or precincts of the said city, rendering to the party or parties the overplus ; or by any other lawful ways or means whatsoever to the only use of the said mayor, aldermen and commonalty of the said city of New York, and their successors, without any account to be rendered, made, or done, to the lieutenants, governors, or commanders-in-chief of this pro- vince for the same : Provided, That no person or persons shall be made free as aforesaid, but such as are his majesty's natural born subjects, or such as shall first be naturalized by act of general assembly ; or shall have obtained letters of denization under the hand of the lieutenant governor or commander-in-chief for the time being, and seal of the province : and that all persons to be made f ee as aforesa'd, shall and do pay for the public use of the said mayor, aldermen and commonalty of the said city, such sum and sums of money as heretofore hath been used and accustomed in be
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paid and received on their being admitted freemen as aforesaid : Provided, It is not exceeding the sum of five pounds.
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