USA > New York > New York City > History of the city of New York, from its earliest settlement to the present time > Part 50
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32. And we do, for ourselves, our heirs and successors, by these our present letters, require and strictly charge and command, and fully empower the sheriff, common clerk, chamberlain, marshal, jail keepers, high constable, petty constables, and all other subordinate officers of and in the said city, now chosen, elected, constituted or appointed, or that hereafter may be chosen, elected, con- stituted or appointed, and every of them respectively, jointly and severally, as cause shall require, to be obeisant and obedient to and attend upon the said mayor, recorder and aldermen of the said city, and every or any of them at all times hereafter, according to the duty or obligation of their respective offices and places ; and to execute all and every the commands, precepts, warrants and processes to them respectively directed and issued, and given out and to be issued and given out, by them the said mayor, recorder and aldermen or any one of them.
83. And we do further, hereby will, declare and ordain that before the mayor, deputy mayor, recorder, aldermen, assistants, assessors, sheriff, coroner, common clerk, chamberlain, ligh consta- ble and petty constables of the said city, such of them as are hereby appointed and named, and all and every such as hereafter are to be appointed, elected or chosen shall, before they be respectively permitted to execute their respective offices or places aforesaid, respectively be sworn as follows, to wit : The hereby named mayor of the said city, and every other person hereafter to be appointed to or for that office, to take the proper oath as such, and well and truly to execute the office of mayor, and all other offices and places, hereby appointed for each mayor to execute and act in, and the usual oath of a justice of the peace, before the governor or commander-in-chief of the said province of New York, for the time being, in presence of three or more of the aldermen of the
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said city of New York, for the time being; or, in case of the absence of the governor or command- er-in-chief, for the time being, then before the oldest counsellor of the said p. ovince, for the t'me being, in the presence of three or more of the aldermen of the said city for the time being. And we do hereby, for us, our heils and successors, give and grant full power and authority to the gov- ernor or commander-in-chief of the said province for the time being, in the presence of three or more of the aldermen of the city aforesaid, for the time being, or in case of the absence of the said governor or commander-in-chief, then to the oldest counsellor of the said province for the time being, in the p esence of any three or more of the aldermen of the said city for the time being, to adıninister such oaths accordingly, without any other warrant, commission or power from us, our heirs or successors ; and so from time to time, as often as the case shall or may require or happen. And the above-named recorder of the said city of New York, and every other pe son hereafter to be appointed to or for that office to take the proper oath as such officer ought to take, and an oath well and truly to execute the office of recorder, and the proper oath of a just ce of peace, before the mayor of the said city, for the time being, or his deputy ; to which the same mayor, for the time being, or his deputy, we do, for us, our heirs and successors, give full power and authority by these presents to administer such oaths accordingly in the manner aforesaid. without any other warrant, commission or power f om us, our heirs and successors ; and every deputy mayor or every alder- man hereafter to be appointed to act as deputy mayor for the time being, to take the proper oath as such, an oath well and truly to execute the office of a deputy mayor, during the time for which he shall be appointed deputy, if the same mayor, his constituent, shall so long live. And if the said mayor shall happen to die within such time, that thereupon and from thenceforth such deputy mayor shall well and truly execute the office of mayor of the said city, until another fit person be appointed, and sworn mayor of the said city, in the manner in these present letters mentioned : and shall also take the proper oath of a justice of the peace before the mayor or recorder, and any- thee or more of the aldermen of the said city for the t'me being. And we do hereby, for us, our heis and successors, give full powe. and authority to the mayor or recorder of the said city, and to any three or more of the aldermen of the said city, for the time being, to administer such oaths as afore- said without any other warrant, commission or power from us, our heirs or successors. And also, every alderman he. eby appointed, and every person hereafter to be elected to or for the office or place of alderman of or in the said city. to take an oath well and truly to execute the office or place of alderman, and the proper oath of a justice of the peace, before the mayor of the said city, for the time being, or his deputy, or the recorder of the said city for the time being : And also, every assistant, assessor, sheriff, coroner, common clerk, chamberlain, high constable and petty constable hereby named, and every pe son hereafter to be elected or appointed to or for the office or place of an assistant, assessor, coroner, common clerk or chamberlain, or shall be appointed or elected to or for the office or place of high constable or petty constable of or in the said city, each of them respectively to take the proper oath for his respective office or place, and well and truly to execute the respective offices or places he is or shall have been respectively elected or named for before the said mayor of the said city for the time being, or his deputy or the recorder of the said city for the time being. And we do hereby, give full power and authority to the mayor of the said city for the time being, or his deputy or the recorder of the said city for the time being, to admin- ister such respective oaths to each of the respective persons aforesaid accordingly, without any other warrant, power or authority from us, our heirs or successors.
34. And further, of our especial grace, certain knowledge and mere motion, we have granted,. and by these presents do for ourselves, our heirs and successors, grant and confirm unto the afore- said mayor, aldermen and commonalty of the city of New York aforesaid, and to their successors, that neither they nor any of them, nor any free citizen of the said city, during the time of their be ng inhabitants there, shall against their or any of their wills, out of the city aforesaid, be put or empannelled upon or in any assizes, juries or inquisitions whatsoever, (although it toucheth or doth or shall touch us, our heits or successors, and although we or our successors, be or should or shall. be parties,) out of the said city, neither shall they or any one of them be made, elected or chosen assessor, taxer or collector of taxes, duties, imposts, or subsidies whatsoever, or of any part of par- cel of them, or of any of them out of the said city ; nor shall be ordained, elected, assigned or appointed constable, bail'ff, or any other officer or minister, without or beyond the said city. afore- said, and the liberties and p ecincts thereof; nor shall be called upon, compelled or forced, against' their or any of the'r wills to do, receive, occupy or discharge any of the duties or functions above- mentioned, or any other office, duty or function whatsoever, without the city liberties and. precincts aforesaid. And although the aforesaid mayo", recorder and aldermen, freemen or free citizens of . the city aforesaid, or any of them shall, while they are or remain inhabitants of the said city, against their or any of their wills, be put, empannelled or returned upon any assizes, juries or inqui- sitions whatsoever, out of the said city and limits thereof; or shall to any of the offices above- mentioned, or any other office or function whatsoever out of the said city, be elected or chosen;
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and though they or any of them being summoned, empannelled or returned elected or chosen as aforesaid, shall refuse or neglect to come and appear before our justices or other justices, commis- sioners or officers of us, our heirs or successors, (before whom such assizes, juries or inquests shall happen to be summoned or returned,) or in or upon the same assizes, juries, or inquests, shall refuse or neglect to be sworn or tried, or any of the offices, duties or functions, aforesaid, shall refuse to do, receive, occupy, or discharge, yet the person or persons so refusing any contempts, fines, amerciaments, penalties, for feitures or loss whatsoever, by reason of such refusal or neglect, to or toward us, our heirs or successors, shall not, nor either of them, shall in anywise incur, but therefrom and thereof, as well before us our heirs and successors, as all other the justices, commis- sioners and other officers whatsoever of us, our heirs and successors, shall remain quiet and for- ever discharged.
35. And further, we do for us our heirs and successors, by these present letters give, grant, rat- ify and confirm unto all and every the respective inhabitants and freeholders of the said city of New York, and their several and respective heirs and assigns forever, all and every the several and respective messuages, tenements, lands and hereditaments, situate, lying and being in the said city and Manhattan's Island aforesaid, to them severally and respectively granted, conveyed or con- firmed, or mentioned, or intended to be granted, conveyed or confirmed, by any of the late governors, lieutenant-governors or commanders-in-chief of the said province, or by any of the for- mer mayors or deputy mayors, and aldermen and commonalty of the said city of New York, by that or any other name, style or title, or by others claiming under any such grant or conveyance, to have and to hold them respectively, and to their respective heirs and assigns forever; saving and reserving the several rents and quit-rents, reserved and due, and to be due and payable from each of the several persons. to whom by virtue of any former grants to them (or those from or under whom they respectively hold) the same messuages, tenements, lands or hereditaments were made or given.
36. And further, of our special grace, certain knowledge and mere motion, we do for us, our heirs and successors, give. grant, ratify and confirm to the said mayor, aldermen and commonalty of our said city of New York, and to their successors forever. full, special and free liberty, license, power and authority to take, receive, have, hold and enjoy to them and their successors forever, in fee simple, any manors, messuages, lands, tenements, hereditaments, rents and other possessions and real estate within or without the same city, as well of and from us, our heirs and successors, as of and from all and every other person and persons whomsoever : so as the manors, messuages, lands, tenements, hereditaments, rents and other possessions, and real estate which the mayor, aldermen and commonalty of the city of New York shall or may have in their possession and seizen, at any one time, exceed not in the whole the clear yearly rent or value of three thousand pounds per annum, money of our realm of Great Britain, beyond and above all charges and reprises, with- out any hindrance of us ; our heirs or successors, or the justices, escheators, sheriffs, coroners, bail- iffs, or other the ministe. s of us, our heirs or successors ; and this without any other letters patent, liberty, license or power from us, our heirs or successors, the statute of Mortmain, or any other act, law or statute, or any other cause, thing or matter whatsoever, to the contrary thereof in any wise notwithstanding; and the same manors, messuages, lands, tenements, hereditaments, rents and other possessions, or any part thereof, to demise, grant, lease and set over, assign and dispose at their own will and pleasure, and to make, seal and accomplish any deed or deeds, lease or leases, evidences or writings, for or concerning the same or any part thereof.
37. And we do, by these presents, of our especial grace, certain knowledge, and mere motion, give, grant, ratify and confirm unto the said mayo", aldermen and commonalty of the city of New York, and their successors forever, all those the now city hall and jails, rooms or places for the courts of justice and chambers adjoining, with the ground and appurtenances thereto belonging, the five market-houses, the great dock, the now crane and wharf, with the common sewer leading through the great dock and bridge, and also the magazine or powder-house near the fresh water, all in the city of New York, and the ferry and ferries on both sides of the East River, and all other ferries now and hereafter to be erected and established all round the Island of Manhattan's; and the management and rule of, and all fees, ferriages and perquisites to the same, or any part thereof belonging or to belong ; and also the ferry-houses on Nassau Island, with the barns, stables, pen or pounds, and lot of g ound thereto belonging ; and also all the ground, soil or land between high- water and low-water mark, on the said Island of Nassau, from the east side of the place called Wallabout to the west side of Red Hook; and also to make laws and rules for the government and well ordering of all the ferries now erected or established, or hereafter to be erected or estab- lished round the said Island Manhattan's, and all the waste, vacant, unpatented and unappropr - ated land lying and being within the said city of New York, and on Manhattan's Island aforesaid, extending to low-water mark; together with the right, benefit and advantage of all docks, wharfs, cranes and slips or small docks within this city, with the wharfage, cranage and dockage, and all
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issues, rents, profits and advantages arising, or to arise or accrue by or from all or any of them ; and all rivers, rivulets, creeks, coves, ponds, waters, water-courses, fishing, fowling, hunting and hawking, mines and minerals, and other royalties and privileges, within the city of New York and Manhattan's Island ; and also all and singular other the rights, privileges, liberties, franchises, preëminences, advantages, jurisdictions, courts, powers, offices, authorities, markets, ferries, fer- riages, fees, fines, amerciaments, perquisites, profits, immunities, lands, tenements, rents, posses- sions and hereditaments, and other real estate, not only which in the before recited grant or writ- ing, made or mentioned to be made in the year of our Lord one thousand six hundred and eighty- six, and in the before recited letters patent of Queen Anne, mentioned, or intended to be thereby, or by either of them granted or conveyed, but also, which the mayor, aldermen and commonalty of the city of New York, or their predecessors, inhabitants or citizens of the said city of New York, or any part thereof, by whatsoever other name, style or title they or any of them have been known or called, have, held or claimed to hold by prescription or otherwise (silver and gold mines excepted), and also, except our Fort George in our city of New York, and the ground, full bound- aries, and extent thereof or thereto belonging, and also that piece of ground near the English church, called the Governor's garden, and the land called the King's farm, with the swamp next to the same; and saving the several rents, reserved by virtue of former grants, and saving to all other persons, bodies politic and corporate, their respective titles to any of the said lands or tenements ; and saving to the inhabitants of those that have plantations by the water-side, between Wallabout and Red Hook, the right of transporting themselves and their own goods only in their own boats, from and to their respective dwellings or plantations, without paying ferriage, to have and to hold, all and singular the premises aforesaid, and every part and parcel thereof (except and saving as is herein excepted and saved), unto the said mayor, aldermen and commonalty of the city of New York, and their successors forever, to their only proper use and behoof forever.
38. And also, we do further, of our especial grace, certain knowledge and mere motion, give grant, ratify and confirm unto the said mayor, aldermen and commonalty of the city of New York, and to their successors forever, all that space of ground and soil of Hudson's River now lying and being under the water of the same river, to begin at a certain place near high-water mark at the south end of a piece of upland, which lies between the said river and a piece of meadow ground or marsh being the first piece of meadow ground or marsh near Hudson's River, to the southward of Greenwich, and from whence the above-named run of water, called Bestaver's Killitie or rivulet, runs into Hudson's River, from which place of beginning to extend or run to the south side of the street, which runs from the parade before our fort in New York to Hudson's River, south eighteen degrees, thirty minutes west, on a straight line, the distance being one hundred and twenty-five chains, from which line to run a perpendicular breadth of, and to comprehend four hundred feet from low- water mark into Hudson's River, the same containing eighty-two acres and one half acre or there- about. And also, all that space of ground and soil of the East River, from the north side of Corlear's Hook to Whitehall, beginning at two large stones set on the south side of a small creek, in a marsh on the north side of Corlear's Hook, from whence to the eastermost point of Corlear's Hook, the distance on a straight line running south fifteen degrees, thirty minutes east, is forty chains and two-rods; from thence to Whitehall, on a straight line running south, seventy-eight de- grees, thirty minutes west, the distance is one hundred and fifty-two chains, from which two lines to run a particular breadth of and to comprehend four hundred feet from low-water mark into the East River, the same containing one hundred and twenty-seven acres or thereabouts ; together with all and singular the benefits, liberties, privileges, ways, water-courses, easements, wharves, keys, pro- fits, hereditaments and appurtenances to the same, or any part thereof belonging or appertaining, or to belong or to appertain, or that can in any wise be had, made, used or enjoyed thereon, or there- with used, with full power and authority at any time or times hereafter to fill, make up, wharf and lay out all and every part thereof; and the same to build upon and make use of in such manner as they, the said mayor, aldermen and commonalty, and their successors, shall think fit; and also all our estate, right, title, interest, benefit, claim and demand whatsoever, of, in or to the same, and the reversion and reversions, remainder and remainders, and the yearly and other rents, issues and profits thereof : To have and to hold, all and singular the premises aforesaid, unto them the said mayor, aldermen and commonalty, and their successors, to their own proper use and behoof for- ever, and to no other use, intent or purpose whatsoever. Provided always, that nothing in these presents shall be construed to empower or entitle the said mayor, aldermen and commonalty of the city of New York, or their successors, to wharf out before any persons who have prior grants from us or some or one of our predecessors, of keys or wharves beyond low-water mark, without the actual agreement or consent of such persons, their heirs or assigns, owners of such keys or wharves. And also, that of the wharves to be built or run out, there shall be left toward the East and North Rivers, forty feet broad, as well for the greater conveniency of trade, as at any time or times here- after, for us, our heirs and successors, to plant batteries thereon, in case of any necessities ; to do
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which, we do, for us, our heirs and successors, hereby reserve power ; anything herein contained to the contrary in any wise notwithstanding; they, the said mayor, aldermen, and commonalty, and their successors, rendering, yielding and paying, for all and every the rights, privileges, franchises, preëminences, advantages, jurisdictions, courts, powers, offices, authorities, fines, amerciaments, per- quisites, fees, ferriages, profits, immunities, lands, tenements, rents, possessions, hereditaments and other real estate, and all other the premises in and by these letters before and hereafter granted, or meant, mentioned or intended to be hereby granted unto us, our heirs or successors, or unto our or their receiver-general for the said province of New York, for the time being, at the custom house in the said city of New York, yearly and every year, on the feast day of St. Michael the Archi-angel, the annual rent of thirty shillings, proclamation money, besides and over and above the yearly quit- rent of one beaver skin or the value thereof, in current money of our said province in and by the aforesaid recited grant, made in the year one thousand six hundred and eighty-six, reserved to be paid on the twenty-fifth day of March, yearly, forever; and also the yearly quit-rent of five shil- lings, current money of New York, in and by the before recited letters patent of Queen Anne, reserved to be paid at or upon the feast day of St. John the Baptist, yearly, forever.
39. And we do further, of our especial grace, certain knowledge and mere motion, for us, our heirs and successors, by these presents, give and grant unto the aforesaid mayor, aldermen and commonalty of the said city of New York, and their successors forever, that they and their succes- sors, all and singular the rights, privileges, franchises, preëminences, advantages, authorities, juris- dictions, liberties, offices, courts, powers, immunities, ferries, ferriages, profits and perquisites here- inbefore mentioned, or intended to be hereby granted or confirmed, shall and may forever hereaf- ter have, hold, enjoy and use, without the hinderance or impediment of us, our heirs or successors, or of any of the justices, sheriffs, escheators, coroners, bailiffs or other officers or ministers whatso- ever of us, our heirs or successors, albeit the same or some or any one of them, have not been used or may have been abused, misused or discontinued, forfeited or lost, being unwilling, and hereby forbidding, that the said mayor, aldermen and commonalty, or their successors, or any of them, by reason of the premises aforesaid or any part thereof, by us, our heirs, or by the justices, sheriffs, escheators, bailiffs or other officers or ministers of us, our heirs or successors, be hindered, molested, vexed or aggrieved, or in any wise disturbed; being willing, and by these presents for ourselves, our heirs and successors, commanding as well all the judges and justices of us, our heirs and succes- sors, as the attorney and solicitor-general of us, our heirs and successors, for the said province for the time being; and also all other officers and ministers whatsoever of us, our heirs and succes- sors, for the time being, that neither they nor any of them do prosecute or continue, or cause to be prosecuted or continued, any information, or any writ or summons of pro warranto, or any other writ or writs, prosecution, suit or process whatsoever against the aforesaid mayor, aldermen and commonalty of the city of New York, or their successors for the time being, or against any of them, for any causes, things, offences, claims, usurpations or omissions, or any of them, by them, the said mayor, aldermen and commonalty, or any of them, or by the predecessors or any of them, or by any other mayor, aldermen and commonalty of the city of New York, or any of them, done, attempted, claimed, used, had, usurped or committed, or omitted, at any time before the making of these letters. And we being willing also that the said now mayor, aldermen and commonalty of the city of New York, and their successors, shall not, nor shall any or either of them, be molested or impeached by or before any judge or judges, justice or justices, sheriffs, officers or other ministers, aforesaid, in or for any use, claim, abuse, usurpation, of any the aforesaid, or any other liberties, franchises, or jurisdictions. within the city aforesaid and the liberties and precincts thereof, before the day of the making of these letters, had used, claimed, abused or usurped, not to or for them, or any of them, or for any other thing whatsoever, shall be compelled to answer; and also of our more abundant especial grace, certain knowledge and mere motion, we have given, pardoned, remitted, released and quit-claimed, and by these presents do, for ourselves, our heirs and succes- sors, give, pardon, remit, release and quit-claim to the aforesaid mayor, aldermen and commonalty of the city of New York aforesaid, and to their successors forever, by whatsoever name the same mayor, aldermen and commonalty may be called, named or styled, or lately, heretofore were called, styled, named or titled, all and all manner and actions whatsoever, informations and suits of quo warranto and other informations, suits and prosecutions ; and also, all and singular, usages, non-usages, abuses, forfeitures, usurpations, intrusions, omissions, and also, all unjust claims of any rights, privileges, liberties, franchises, jurisdictions, courts, powers, offices, fees, fines, amer- ciaments, ferries, ferriages, perquisites, rents, possessions, lands, tenements or hereditaments what- soever, by the aforesaid mayor, aldermen and commonalty of the city aforesaid, or by any of their predecessors, or by any other mayor, aldermen and commonalty of the city of New York, by what- soever name or names, or incorporation, or by any pretext of incorporation, before the day of the making of these presents, perpetrated, made or claimed ; and also, all and all manner of fines, amer- ciaments, penalties, sums of money, and other forfeitures whatsoever, by reason of such usurpation,
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