APPENDIX, No. XXVIII. COPY OF A PATENT ΤΟ EDMUND FANNING AND OTHERS, DATED FEBRUARY 16, 1775. Appendix. George the Third by the Grace of God of Great Britain France and Ireland King No. 28. Defender of the Faith and so forth To all to whom these Presents shall come GreetGrant to Edmund ing Whereas our loving subject David Mathews in Behalf of himself and nineteen ers.-16th Februa- other Persons his Associates whose names were mentioned in the Schedule to their Fanning and oth ry, 1775. Petition subjoined to wit Johnston Fairholme, Peter Middleton, John Grumly, John Reid, Samuel Stephens, William Bruce, Robert Rogers, Andrew Elliot, James Duane, William Bayard, Edmund Fanning, Benjamin J. Johnson, John Hodges, Moses Marden, Joshua Littlewood, Malcolm McIsaac, Christopher Blundell, Isaac Willet Junior and James Rivington by his 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 nineteenth Day of May which was in the year of our Lord one thousand seven hundred and seventy two did set forth That the Petitioner had discovered a certain Tract of Land which was vacant and vested in us situate lying and being on the Northwesterly side of Connecticut River in the County of Gloucester Beginning on the northwesterly Bank of the said River at the northeasterly Corner of the most Northernmost Tract of Land pretended to be granted by our Government of New Hampshire Westward of the said River Connecticut commonly called and known by the name of Limington and extending up the said River on a streight Line about three or four hundred chains; Thence into the Woods Westerly or Northwesterly about six hundred and forty chains, Thence Southerly and Easterly so far as would include I wenty thousand Acres of Land and the usual allowance for Highways, And that the said Tract of Land had never been granted by our Province of New Hampshire or Located by any prior Petition and therefore the Petitioner in behalf of himself and his Associates did humbly pray that our said Captain General and Governor in Chief would be favourably pleased to grant unto the Petitioner and his Associates the Tract of Land afore described and that the same might be erected into a Township by the name of Thirming and vested with the usual Privileges granted to other Townships within our said Province Which Petition having been then referred to a Committee of our Council for our said Province our said Council did afterwards on the Fifteenth day of June then following in Pursuance of the Report of the said Committee humbly advise and consent that our said Captain General and Governor in Chief should by our Letters Patent grant to the said Petitioner and his Associates and their Heirs the Lands prayed for and described in the said Petition so as not to interfere with any prior Location or Petition or any Grant under our Government of New Hampshire And Whereas the said Edmund Fanning and Moses Marden two of the Associates Fanning and oth ry, 1775. named in the afore recited Petition of the said David Mathews by their humble Appendix. Petition presented unto our trusty and well beloved Cadwallader Colden Esquire our No. 28. Lieutenant Governor and Con.mander in Chief of our said Province of New York Grant to Edmund and the Territories depending thereon in America and read in our Council for our ers.-16th Februasaid Province on the Eighth Day of this Instant Month of February did set forth, That upon a former Application the Petitioners obtained an Order of our said Council for granting to them Twenty thousand acres of vacant Land within our said Province for which the Petitioners had procured a Survey and Return that several of the Persons who were the Petitioners former Associates are either dead or removed out of the said Province to wit Benjamin J. Johnson, John Hodges, Joshua Littlewood, Malcom McIsaac, and John Grumly And did therefore most humbly pray that instead of the names of the Persons who are so dead or removed, the names of Samuel Avery, John Peters, James Cobham, William Kennedy and Samuel Boyer might be inserted in our Letters Patent for the Lands so advised to be granted and surveyed as aforesaid Which Petition having been read as aforesaid On due Consideration thereof our Council for our said Province did humbly Advise our said Lieutenant Governor and Commander in Chief that the names of the said Samuel Avery, John Peters, James Cobham, William Kennedy and Samuel Boyer be inserted in our Letters Patent for the said Tract of Land in the Room and stead of the names of the Persons who are so dead or removed out of 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 Edmund Fanning and Moses Marden and their Associates to wit David Mathews, Johnston Fairholme, Peter Middleton, John Reid, Samuel Stephens, William Bruce, Robert Rodgers, Andrew Elliot, James Duane, William Bayard, Christopher Blundell, Isaac Willet Junior, James Rivington, Samuel Avery, John Peters, James Cobham, William Kennedy and Samuel Boyer All that certain Tract or Parcel of Land situate lying and being on the west side of Connecticut River in the County of Gloucester Beginning at a certain Place on the West Bank of the said River reputed to be the North-east Corner of a Tract of Land granted by our late Governor of our Province of New Hampshire and called Lemington which Place is Five hundred and nine chains on a straight line below a certain Cedar Post set up on the West Bank of the suid River in the Year one thousand seven hundred and seventy-two by John Collins and Thomus Valentine at the Place where the Line run by them from the Point of Forty five Degrees of Northern Latitude on Lake Champlain intersects the said River and this Tract runs from the said place of beginning up along the said River as it winds and turns to the Cedar Post aforesaid and thence along the said Line run by John Collins and Thomas Valentine North Eightyone Degrees West seven hundred and nine Chains; thence South nine Degrees West Four hundred and Thirty-three Chains, and thence South Eighty-one Degrees East Four hundred and forty Chains to the Place where this Tract first.began Containing Twenty thousand Acres of Land and the usual allowance for Highways And in setting out the said Tract or Parcel of Land our said Commissioners have had regard to the profitable and unprofitable acres and have taken care that the Length thereof doth not extend along the Banks of any River otherwise than is conformable to our said Royal Instructions As by a Certificate thereof under their Hands bearing date the Thirteenth Day of this Instant Month of February and entered on Record in our Secretary's Office for our said Province of New York may more 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 Edmund Fanning and Moses Mardin and their Associates their Heirs and Assigns forever with the several Privileges and Powers hereinafter mentioned Know Ye, That of our especial Grace certain Knowledge and Fanning and oth ry, 1775. Appendix. meer motion We have given granted ratified and confirmed And do by these Presents No 28. for Us our Heirs and Successors give grant ratify and confirm unto them the said Grant to Edmund Edmund Fanning, Moses Marden, David Mathews, Johnston Fairholme, Peter Miders-16th Februa dieton, John Reid, Samuel Stevens, William Bruce, Robert Rogers, Andrew Elliot, James Duane, William Bayard, Christopher Blundell, Isaac Willet Junior, James Rivington, Samuel Avery, John Peters, James Cobham, William Kennedy and Samuel Boyer 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 of this our present Grant unto Us, our Heirs and Successors forever all Mines of Gold and Silver And also all White or other Sorts of Pine Trees fit for Masts of the Growth of Twentyfour Inches Diameter and upwards of 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 Twentieth Part (the whole into Twenty equal parts to be divided) of the said Tract or Parcel of Land, Tenements, Hereditaments and Premises by these Presents granted ratified and confirmed and every Part and Parcel thereof with their and every of their appurtenances (except as is 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 for ever as Tenants in Common and not as Joint Tenants To be holden of us our Heirs and Successors in free and common socage as of our Manor of East Greenwich in our County of Kent within our Kingdom of Great Britain Yielding rendering and paying therefore Yearly and every Year for ever unto Us, 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 a Township for ever hereafter to be continue and remain and by the name of Thirming for ever 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 our other Townships within our said Province of New York And We also Ordain and Establish That there shall be forever hereafter in the said Township Two Assessors, one Treasurer, Two Overseers of the Highways, Two Overseers of the Poor, one Collector and Four Constables 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 the Freeholders thereof then and there met and assembled for that Purpose Hereby declaring, That wheresoever the first Election in the said Township shall be held the future Elections shall for No. 28. Fanning and others-16th Februa ry, 1775. ever thereafter be held in the same Place as near as may be, and giving and granting Appendix. 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 Grant to Edmund 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 Officers in our said Province of New York And in case any 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 such 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 Suruivor of them who in the Order they are herein before 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; Hereby giving and granting that such person or Persons as shall be so chosen by the Majority 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 for ever hereafter be used for the filling up all Vacancies that shall happen in any or either of the said Offices 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 thousand acres of the same Tract; Or if they our said Grantees or one 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 the least three Acres for every Fifty Acres 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 by their or any of their privity 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 of these cases this our present Grant and every thing therein 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 notwithstanding. Provided further and upon condition also nevertheless and we do hereby for us our Appendix. heirs and successors direct and appoint that this our present grant shall be regisNo. 28. tered and entered on record within Six Months from the date thereof in our Grant to Edmund Secretary's Office in our City of New York in our said Province of New York ers.-16th Februa- in one of the books of patents there remaining and that a docquet thereof shall Fanning and othry, 1775. be also Entered in our Auditor's Office in and for our said Province of New York and that in default thereof this our present Grant shall be void and of none effect any thing before in these presents contained to the contrary thereof in any wise notwithstanding. 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 notwithstanding any misreciting misbounding misnaming or other imperfection or omission of in or in 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 sixteenth day of February in the year of our Lord one thousand seven hundred and seventy-five and of our reign the fifteenth. CLARKE. STATE OF NEW-YORK, I certify the preceding to be a true copy of Certain Letters patent as of record in this office, in Book of Patents, No. 16, page 526, &c. [L. S.] In testimony whereof, I have hereunto affixed the Seal of this Office, at the ARCH'D CAMPBELL, Dep. Secretary. By Nathaniel Pitcher, Lieutenant Governor of the State of New York, acting as It is hereby certified that the preceding copy is attested in due form, and by the proper officer. [L. S.] In testimony whereof, I have hereunto affixed the Great Seal of this State. |