Simon's Family History

Back

Thomas Galbreath - New York Patent


New York Patents 

Deed Book 16, pg 505


George the third by the grace of God of Great Britain, France and Ireland King Defender of the Faith and so forth To all to whom these presents shall come Greeting Whereas our loving subjects Thomas Clark and other in behalf of themselves and their associates by their humble petition presented unto our trusty and well beloved William Tryon Esquire our Captain General and Governor in Chief of our Province of New York and read in our Council for our said Province on the twenty first day of August which was in the year of our Lord one thousand seven hundred and seventy one and also the ninth day of March then next following did set forth among other things in substance that the petitioners had discovered a certain tract of vacant land situate lying and being on the East side of Lake Champlain adjourning the South line of the Township of Pratburgh East of land advised to be granted to Erkley and others and then in the County of Albany containing about forty thousand acres of land and therefore humbly prayed that our said Captain General and Governor in Chief could be pleased to grant to them and their associates our Letters Patent for the said tract of land and that the same might be created into a Township by the name of New Stirling 

And whereas the said Thomas Clark in behalf of himself and his associates by one other Petition presented unto our trusty and well beloved Cadwallader Colden Esquire our Lieutenant Governor and Commander in Chief of our said Province of New York and the Territories depending thereon in America and read in our Council for our said Province on the sixth day of October now last past did set forth among other things in substance that the petitioner with others his associates did in the month of August which was in the year of our Lord one thousand seven hundred and seventy one present a petition to our said Captain praying a grant of forty thousand acres of land on the East side of Lake Champlain that on the ninth day of March then next following the said Petition was referred to our said Council that our said Council were on the same day pleased to advise our said Captain General and Governor in Chief to grant the prayer of their said Petition but that by reason of the loss of the list of the petitioners associates in the late fire in Fort George and the petitioners absence from the City of New York the petitioner has not yet obtained the benefit of the said advice of our said Council and did therefore humbly pray that our said Lieutenant Governor and Commander in Chief would be pleased to grant to the petitioner and his associates our Letters of Patent for the said tract of land and that the same might be erected into a Township by the name of Bamf with the usual privileges 

and whereas the said Thomas Clark of New Perth in behalf of himself and his associates by another petition presented unto our said Lieutenant Governor and Commander in Chief as aforesaid and read in our Council for our said Province on the twelfth day of November last past did set forth among other things in substance that the petitioner was informed that upon the sixth day of the said month of November our said Council postponed preceeding upon the petition last mentioned for a tract of land lying near the North line of our said Province because in the minutes of our said Council there could not be found an entry of the former preceedings of that Board upon the first above mentioned Petition and upon a second Petition which the petitioner alleged he had formerly preferred to our said Captain General and Governor in Chief for the said tract of land that the petitioner had found in our Secretary’s Office of our said Province some short minutes of proceedings of our said Council endorsed on the back of their first Petition an office copy whereof was with the said Petition presented to our said Lieutenant Governor and Commander in Chief that one of the said minutes was in the hand writing of our said Captain General and Governor in Chief and the other in the hand of Governor Goldsbrow Banyar Esquire late Deputy Secretary of our said Province from which the said petitioner alleged that it appeared that the said first Petition was read in our said Council several times 

And from the Order of the ninth day of March which was in the year of our Lord one thousand seven hundred and seventy two directing the petitioner to name his associates that it clearly appeared that the members of our said Council agreed to advise our said Captain General and Governor in Chief to grant the prayer of the said Petition as soon as the names of the said associates were laid before them that the petitioner in obedience to the said Order did afterwards deliver in a list of his associates names with a second Petition to our said Captain General and Governor in Chief praying for a grant of the said tract of land yet neither the said second Petition nor list of associates names could be found in our Secretary’s Office But that the petitioner was informed that on several occasions after the said Goldsbrow Banyar had minuted the preceedings of our Council for our said Province on the back of the Petition our said Captain General and Governor in Chief used sometimes to carry such Petitions from the Board for his own private perusal before the Clerk had time to make an entry of the Council’s proceedings in their Books that this was humbly presumed to have been the case with the petitioner’s said second Petition and the petitioner thought it highly probable that in the great fire which happened in Fort George soon after that time the said second Petition with the list of associates names inclosed and what minutes of our said Council might be endorsed on the back thereof were all lost but that the petitioner had repeated information from one of the members of our said Council that the prayer of the said Petition was advised to be granted that the prayer humbly hoped he would not be frustrated on account of the said unfortunate accident after soliciting so often and so earnestly for above three years and therefore the petitioner most humbly prayed that in consideration of the Equity of his case and the great expense he had been at in soliciting so long for the said grant as in procuring a Return of the Survey thereof our said Lieutenant Governor and Commander in Chief would be favourably pleased to grant unto him and his associates our Letters Patent for the said tract of forty thousand acres of land lying Eastward of Lake Champlain in the County of Gloucester 

which began eighty one chains North of Peter’s Pond which is the place of beginning of a tract of lately petitioned for by Governor Martin on Mandamus and is seven hundred and twenty chains North of the Northeast corner of the Township of Besborough running thence East along the Southerly line of the said tract petitioned for the said Governor Martin five hundred and thirty five chains thence South seven hundred and twenty chains thence West five hundred and thirty five chains to the Northeast corner of the said Township of Besborough thence West along its North line about one hundred and sixty three chains thence North seven hundred and twenty chains thence East about one hundred and sixty three chains to the place of beginning 

with the usual allowance for highways and that the same might be created into a Township under the name of Bamf with the usual powers and privileges of other Townships which said Petition having been read as aforesaid and the equity therein set forth duly considered our said Council for our said Province did humbly advise our said Lieutenant Governor and Commander in Chief to grant to the petitioner and his associates whose names are annexed to his said Petition our Letters of Patent for the quantity of thirty thousand acres of the lands prayed for with the usual allowance for highways under the usual quit rent restrictions and reservations and that the same might be erected into a Township by the name of Bamf with the usual privileges granted to other Townships within our said Province 

In pursuance whereof and in obedience to our Royal instructions our Commissioners appointed for the setting out all lands to be granted within our said Province have set out for the said Thomas Clark and his associates to wit Ebenezer Clark Robert Hunter George Lindsay Robert Meldrum James Guthrie Nathaniel McKinley Alexander Crookshank William Thompson John Johnson Jonathan Fowler Richard Norwood Peter Sym William McDougal David Niven John Boyd David Paton Henry Kip Christopher Blundell Frederick De Voe James Bussing John McFarland John Gray Robert Smith Cook Mulligan Marinus Willett James Ronald Jacob Van Wagenen Hercules Mulligan Peter Garson Alexander Fortune Peter Robertson Andrew Thomason Alexander Robertson David Smart James Love James Hanna Thomas Galbreath George Gosman and William Stevenson 

all that certain tract or parcel of land situate lying and being Eastward of Lake Champlain in the County of Gloucester within our said Province of New York beginning at the Northeast corner of the Township of Besborough and runs thence along part of the North bounds of the said Township of Besborough West one hundred and sixty three chains thence North four hundred and fifty one chains and thirty links thence East six hundred and ninety eight chains thence South four hundred and fifty one chains and thirty links thence West five hundred and thirty five chains to the place where this tract of land first began containing thirty thousand acres of land and the usual allowances for highways 

And in setting out the said tract of or parcel of land our said Commissioners have had regard to the profitable and profitable acres and have taken care that the length thereof doth not extend along the banks of any river otherwise than is comfortable to our said Royal Instructions as by a Certificate thereof under their hands bearing date the twenty first day of this instant month of December and entered on record in our Secretary’s Office for our said Province of New York may fully appear which said tract of land set out as aforesaid according to our said Royal Instructions We being willing to grant to the said Thomas Clark and his said associates their heirs and assigns forever with the several privileges and powers hereinafter mentioned 

Know ye that of our especial Grace certain knowledge and meer motion we have given granted ratified and confirmed and do by these presents for our heirs and successors give grant ratify and confirm unto them the said Thomas Clark Ebenezer Clark Robert Hunter George Lindsay Robert Meldrum James Guthrie Nathaniel McKinley Alexander Crookshank William Thompson John Johnson Jonathan Fowler Richard Norwood Peter Sym William McDougal David Niven John Boyd David Paton Henry Kip Christopher Blundell Frederick De Voe James Bussing John McFarland John Gray Robert Smith Cook Mulligan Marinus Willett James Ronald Jacob Van Wagenen Hercules Mulligan Peter Garson Alexander Fortune Peter Robertson Andrew Thomason Alexander Robertson David Smart James Love James Hanna Thomas Galbreath George Gosman and William Stevenson their heirs and assigns forever 

All that the tract or parcel of land aforesaid set out abutted bounded and described in manner and form as above mentioned together with all and singular the tenements hereditaments emoluments and appurtenances thereunto belonging or appertaining And also all our estate right title interest possession claim and demand whatsoever of in and to the same lands and premises and every part and parcel thereof and the reversion and reversions remainder and remainders rents issues and profits thereof And of every part and parcel thereof except and always reserved out of this our present grant unto our heirs and successors forever all mines of gold and silver and also all white pine or other sorts of pine trees fit for masts of the growth of twenty four inches diameter and upwards at twelve inches from the earth for masts for the Royal Navy of us our heirs and successors 

To have and to hold one full and equal fortieth part (the whole into forty equal parts to be divided) of the said tract or parcel of land tenements hereditaments and remises by these presents granted ratified and confirmed and every part and parcel thereof with their and every of their appurtenances (except as in herein before excepted) unto each of them our grantees above mentioned their heirs and assigns respectively to their only proper and separate use and behoof respectively forever as tenants in common and not as joint tenants 

To be holden of us our heirs and successors in free and common socage as our Manor of East Greenwich in our County of Kent within our Kingdom of Great Britain yielding rendering and paying thereof yearly and every year forever unto our heirs and successors at our Custom House in our city of New York unto our or their Collector or Receiver General there for the time being on the Feast of the Annunciation of the Blessed Virgin Mary commonly called Lady Day the yearly rent of two shillings and six pence Sterling for each and every hundred acres of the above granted lands and so in proportion for any lesser quantity thereof saving and except for such part of the said lands allowed for highways as above mentioned in lieu and stead of all other rents services dues duties and demands whatsoever for the hereby granted lands and premises or any part thereof And we do of our especial Grace certain knowledge and meer motion create erect and constitute the tract or parcel of land herein granted and every part and parcel thereof of a Township for hereafter to be continue and remain and by the name of Bamf forever hereafter to be called and known 

And for the better and more easily carrying on and managing the public affairs and business of the said Township our Royal will and pleasure is and we do hereby for us our heirs and successors give and grant to the inhabitants of the said Township all the powers authorities privileges and advantages heretofore given and granted to or legally enjoyed by all any or either of our other Townships within our said Province of New York And we also ordain and establish that these shall be forever hereafter in the said Township two assessors one treasurer two overseers of the highway two overseers of the poor one collector and four constable elected and chosen out of the inhabitants of the said Township yearly and every year on the third Tuesday in May at the most public place in the said Township by the majority of freeholders thereof then and there met and assembled for that purpose thereby declaring that wheresoever the first election in the said Township shall be held in the future election shall forever thereafter be held in the same place as near as may be and giving and granting to the said officers so chosen power and authority to exercise their said several and respective offices during one whole year from such election and until others are legally chosen and elected in their room and stead as fully and amply as any the like officers have or legally may use or exercise their offices in our Province of New York 

And in any case or either of the said officers of the said Township should die or remove from the said Township before the time of their annual service shall be expired or refuse to act in the offices for which they shall respectively be chosen then our Royal will and pleasure further is and we do hereby direct ordain and require the freeholders of the said Township to meet at the place where the annual election shall be held for the said Township and choose other or others of the said inhabitants of the said Township in the place and stead of him or them so dying removing or refusing to act within forty days next after said contingency And to prevent any undue election in this case we do hereby ordain and require that upon every vacancy in the office of assessors the treasurer and in either of the other offices the assessors of the said Township shall within ten days next after any such vacancy first happens appoint the day for such election and give public notice thereof in writing under his or their hands by affixing such notice on the Church door or other most public place in the said Township at the least ten days before the day appointed for such election and in default thereof we do hereby require the officer or officers of the said Township or the survivor of them who in the order they are hereinbefore mentioned shall next succeed him or them so making default within ten days next after such default to appoint the day for such election and give public notice thereof as aforesaid thereby giving and granting that such person or persons as shall be chosen of such of the freeholders of the said Township as shall meet in manner hereby directed shall have hold exercise and enjoy the office or offices to which he or they shall be so elected and chosen from the time of such election until the third Tuesday in May then next following and until other or others be chosen in his or their place and stead as fully as the person or persons in whose place he or they shall be chosen might or could have done by virtue of these presents And we do hereby will and direct that this method shall forever hereafter be used for the filling up all vacancies that shall happen in any or either of the said office between the annual elections above directed 

Provided always and upon condition nevertheless that if our said grantees their heirs or assigns or some or one of them shall not within three years next after the date of this our present grant settle on the said tract of land hereby granted so many families as shall amount to one family for every one thousand acres of the same tract or if they our said grantees or any of them their or one of their heirs or assigns shall not also within three years to be computed as aforesaid plant and effectually cultivate at least three acres for every fifty acre of such of the hereby granted lands as are capable of cultivation or if they our said grantees or any of them their or any of their heirs or assigns or any other person or persons consent or procurement shall fell cut down or otherwise destroy any of the pine trees by these presents reserved to us our heirs and successors or hereby intended so to be without the Royal Licence of us our heirs or successors for so doing first had and obtained that then and in any case of these cases this our present grant and every thing contained shall cease and be absolutely void and the lands and premises hereby granted shall revert to and vest in us our heirs and successors as if this our present grant had not been made any thing herein before contained to the contrary in any wise not withstanding 

Provided further and upon condition also nevertheless and we do hereby for us our heirs and successors direct and appoint that this our present grant shall be registered and entered on record within six months from the date thereof in our Secretary’s Office in our City of New York in our said Province of New York in one of the Books of Patents there remaining and that a Docquet thereof shall be also entered in our Auditor’s Office in and for our said Province of New York and that in default thereof of this our present grant shall be void and of none effect anything before in these presents contained to the contrary thereof in any wise not withstanding And we do moreover of our especial Grace certain knowledge and meer motion consent and agree that this our present grant being registered recorded and a Docquet thereof made as before directed and appointed shall be good and effectual in the law to all intents constructions and purposes whatsoever against us our heirs and successors not withstanding any misreading misbounding misnaming or other imperfection or omission of in or any wise concerning the above granted or hereby mentioned or intended to be granted lands tenements hereditaments and premises or any part thereof 

In testimony whereof we have caused these our Letters to be made Patent and the Great Seal of our said Province of New York to be hereunto affixed Witness our said trusty and well beloved Cadwallader Colden Esquire our said Lieutenant Governor and Commander in Chief of our said Province of New York and the Territories depending thereon in America at our Fort in our City of New York the twenty fourth day of December in the year of our Lord one thousand seven hundred and seventy four and in the reign the fifteenth 

First skin line the fourth the word our line the twenty second the words in Chief line the twenty fifth the words said Council and line the fiftieth the names Hercules Mulligan are interlined same skin the thirty second the word from and line the fiftieth part of the name Jacob and the second skin the fifth part of the word this and line the eleventh part of the name Daniel and the line the twelfth part of the name Jacob are wrote on rasures and a blank erasure is in the forty fifth line of the first skin
Clarke 

In the preceeding Certificate and Letters Patent recorded for Thomas Clarke and others page 506 line 21 the word said interlined page 507 line 25 the word most wrote on a razure page 508 line 10 the word the interlined page 509 line 7 the word said interlined page 510 line 23 a blank erasure filled up and line 37 part of the word Officers wrote on a razure
Examined and compared with their respective original this 20th day of April 1775 by me
Jas? Bayard Jun  D. Secty 


LDS Film # 945300


Back




 

Copyright © Simon Parker-Galbreath
 
Please acknowledge me if you use info from my web pages, or email me for permission to reproduce (normally given) :-

Now on WikiTree