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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 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 LDS Film # 945300 |