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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 shillings, current money of New York in and by the before recited letters patent of Queen Anne, reserved to be paid at or upon the first day of St. John the Baptist, yearly, forever.

Corporation quietly to enjoy all their rights and privileges.

39. And we do further, of our especial grace, certain knowledge and meer 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 successors, all and singular the rights, privileges, franchises, pre-eminences, advantages, authorities, jurisdictions, liberties, offices, courts, powers immunities, ferries, ferriages, profits and perquisites herein before mentioned, or intended to be hereby granted or confirmed, shall and may forever hereafter have, hold, enjoy and use, without the hindrance or impediment of us, our heirs or successors, or of any of the justices, sheriffs, escheators, coroners, bailiffs or other officers or ministers whatsoever 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, or 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 successors, 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 successors, 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 quo warranto, or any other writ or writs, prosecution, suit or processes whatsoever against the aforesaid mayor, aldermen and commonalty of New York, or their successors for the time being, or against any of them, for any causes, things, offenses, 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 of 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, nor 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 meer

motion, we have given, pardoned, remitted, released and quit claimed, and by these presents do for ourselves, our heirs and successors, 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 of 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, amerciaments, ferries, ferriages, perquisites, rents, possessions, lands, tenements or hereditaments whatsoever, 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 whatsoever name or names, or incorporation, or by pretext of any incorporation, before the day of the making of these presents, perpetrated, made or claimed; and also, all and all manner of fines, amerciaments, penalties, sums of money, and other forfeitures whatsoever, by reason of such usurpation, intrusion, usage, non-usage, omission, abuse or unjust claim, and that they, the said mayor, aldermen and commonalty of the city of New York, and their successors, and every of them be and shall be, and hereby are, thereof fully acquitted and discharged toward us, our heirs and successors forever; being unwilling that they or any of them should, by reason of the premises aforesaid, or any part thereof by us, our heirs and successors, or by any of our justices, sheriffs, ministers or officers whatsoever, be troubled, molested, or in any wise vexed.

Covenant that the corporation shall quietly enjoy all their franchises and lands.

40. And further we do, of our especial grace, certain knowledge and meer motion, will, declare and signify, and by these presents for us, our heirs and successors, do grant unto and covenant with the said mayor, aldermen and commonalty of the city of New York, and their successors, not only that they and their successors forever hereafter may and shall, have, hold, use, possess and enjoy all the rights, privileges, liberties, franchises, jurisdictions, courts, powers, offices, authorities, markets, ferries, fees, fines, amerciaments, perquisites, profits, immunities; and also all the rents, possessions, lands, tenements and hereditaments, and all other the premises in these presents mentioned, and intended to be hereby granted and confirmed; but also, that these our letters, being entered upon record, as is hereinafter appointed, and the record or enrollment thereof, and either of them, and all and everything therein. contained, from time to time, and at all times hereafter be, and shall be, firm, valid, good, sufficient and effectual in law towards and against us, our heirs and successors, according to the true intention thereof; and in and through all things shall be construed, taken and expounded most benignly, and in favor, and for the most and greatest advantage, profit and benefit of the said mayor, aldermen and commonalty of the city of New York, and their successors, as well in all courts as elsewhere, without any confirmation, licenses, tolerations procured or to be procured of us, our heirs or successors, notwithstanding that any writ or

writs of ad quod damnum, have or have not issued or is or are not returned, before the making of these presents, and notwithstanding the not reciting, mis-reciting or not rightly or certainly reciting, or ill or wrong reciting the said rights, privileges, liberties, franchises, jurisdictions, courts, powers, offices, authorities, markets, ferries, fees, amerciaments, perquisites, profits, immunities, rents, possessions, lands, tenements, hereditaments, and any other the premises in or by these presents granted, or mentioned, or intended to be hereby granted, or any part or parcel thereof, and notwithstanding the not finding, or ill or not right or certain finding of any officer or offices, inquisition or inquisitions of the premises hereby granted or mentioned, or intended to be hereby granted, or any part or parcel thereof, by which our title in and to the said premises, or any part thereof, might, could, should or ought to have been found, before the making of these presents; and notwithstanding any defect in not reciting, or ill reciting of any lease, grant or grants of the premises, or any part thereof being upon record, or not upon record, or otherwise howsoever; and notwithstanding the ill naming, mis-naming, or not right or certain naming any place or precinct, wherein the premises or any part thereof are or is; and notwithstanding any defect in not mentioning, or not fully, rightly or certainly mentioning the name or names of all or any the rights, privileges, liberties, franchises, jurisdictions, courts, powers, offices, authorities, markets, ferries, fees, amerciaments, perquisites, profits, immunities, rents, possessions, lands, tenements, hereditaments or other the premises hereby granted or intended to be granted, or any part or parcel thereof; or of the yearly or other rent of, or reserved in and upon the premises, or any part thereof; and notwithstanding any defect for the want of a computation or declaration, or for the omission of the true value of the premises in these presents mentioned or intended to be hereby granted or any part thereof; and notwithstanding any defect in not mentioning our true right, estate or title of or to the same premises, or any part or parcel of them; and notwithstanding the not mentioning, or not fully, rightly or certainly mentioning the natures, kinds, species or quantities of the premises or any of them, or any part or parcel of them; and notwithstanding any act, statute or ordinance of parliament, or any act of assembly; and notwithstanding any other defects, defaults or imperfections, or any other cause or thing whatsoever. And further, that if any fault, mistake or imperfection in time to come, shall be found in these presents, or any doubt, scruple or question be or shall be made, or shall happen to arise concerning the premises, or any part thereof, that we, our heirs and successors, shall and will vouchsafe to make any other grant or assurance, under the great seal of us, our heirs or successors, of the said province of New York, to the mayor, aldermen and commonalty of the city of New York for the time being, and their successors, at their own proper charges, for the better giving, granting and confirming, and for their safe and better enjoying the premises aforesaid, and every part thereof, when it shall be desired by the same mayor, aldermen and commonalty of the city of New York or their successors. Also we will, and by these presents grant unto the said mayor, aldermen and commonalty, that they shall and may have these presents, made and sealed under the great seal of our said province of New York, without rendering, paying or making any fine or fee, great or little to us, or to our use for the same, although no express mention is made of the

true yearly or other value, or of the certainty of the premises, or any part thereof, or of the gifts or grants, heretofore by us, or our ancestors, or by any governor, lieutenant-governor or commander in chief of the said province of New York, to the mayor, aldermen and commonalty of the said city of New York, or to the citizens and inhabitants of New York, aforesaid, by that or any other name, style or title or any other statute, act, ordinance, proclamation, provision or restriction made, published, ordained or provided to the contrary, or any other cause or matter whatsoever, in any wise notwithstanding.

Attestation clause.

In testimony whereof we have caused these our letters to be made patent, and the great seal of our said province to be hereunto affixed and the same to be entered of record in our secretary's office of our said province, in one of the books of patents there remaining. Witness our trusty and well-beloved John Montgomerie, Esq., our captain-general and governor in chief of our said province of New York, and the province of New Jersey, and territories depending thereon in America, and viceadmiral of the same, at our Fort George in New York, the fifteenth day of January, in the fourth year of our reign.

May it please your Excellency:

I have perused this charter and find nothing therein prejudicial to the interest of his Majesty.

R. BRADLEY,

Attorney-General.

To his Excellency,

The Governor of the province of

New York, etc.

15th January, 1730.

LAWS OF 1732, CHAP. 584.

AN ACT FOR CONFIRMING UNTO THE CITY OF NEW YORK ITS RIGHTS AND PRIVILEGES.

PASSED the 14th of October, 1732.

The mayor, aldermen, and commonalty of the city of New York.

I. Be it declared and enacted by the Governor, the Council and the General Assembly of the colony of New York, and it is hereby enacted by the authority of the same, That the mayor, aldermen and commonalty of the city of New York, shall and may forever hereafter remain, continue and be a body corporate and politic, in re-facto et nomine, by the name of the mayor, aldermen and commonalty of the city of New York; and by that name to sue, plead and be impleaded, and to answer and to be answered, without any seizure or forejudger, for or upon any pretence of any forfeiture or misdemeanor at any time heretofore done, committed or suffered.

All letters patent, etc., heretofore made to them declared valid.

II. And be it enacted by the authority aforesaid, That all and singular letters patent, grants, charters and gifts, sealed and under the great seal

of the colony of New York, heretofore made and granted unto the mayor, aldermen and commonalty of the city of New York be, and are hereby declared to be, and shall be good, valid, perfect, authentic and effectual in the law, and shall stand, be taken, reputed, deemed and adjudged good, perfect, sure, available, authentic and effectual in the law against the king's majesty, his heirs and successors, and all and every person and persons whomsoever, according to the tenor and effect of the said letters patent, grants, charters and gifts.

And confirmed.

III. And be it enacted by the authority aforesaid, That all and singular letters patent, grants, charters and gifts, sealed under the great seal of the colony of New York, heretofore made and granted unto the mayor, aldermen and commonalty of the city of New York be, and are to all intents and purposes, hereby ratified and confirmed.

All their rights, privileges, franchises, etc., confirmed.

IV. And be it enacted by the authority aforesaid, That the mayor, aldermen and commonalty of the city of New York, and their successors shall, and may forever hereafter, peaceably have, hold, use and enjoy, all and every the rights, gifts, charters, grants, powers, liberties, privileges, franchises, customs, usages, constitutions, immunities, markets, duties, tolls, lands, tenements, estates and hereditaments, which have heretofore been given or granted unto the mayor, aldermen and commonalty of the city of New York, by any letters patent, grant, charter or gift, sealed under the seal of the colony of New York.

Public act.

V. And be it enacted by the authority aforesaid, That this present act shall be accepted, taken and reputed to be a general and public act of assembly; of which all and every the judges and justices of this colony, in all courts, and all other persons, shall take notice on all occasions whatsoever, as if it were a public act of assembly, relating to the whole colony; anything herein contained to the contrary thereof in any wise notwithstanding.

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