188 Mayor, re- and and each of termine all jury, where demand shall not ex ceed 40s. 31. And we do further, of our especial grace, certain knowledge aldermen and meer motion, for us, our heirs and successors, grant, appoint them, to de- and direct that the mayor, recorder and aldermen of the said city causes with for the time being, and each of them from time to time, and at all or without a times forever hereafter, shall have by these presents full power and the thing in authority to have and take cognizance of and to hear, try and finally determine, with or without a jury, all pleas, suits, controversies and trespasses, wherein the value does not exceed the sum of forty shillings, in such manner as they or either of them shall think or adjudge to be agreeable and according to equity and good conscience; and, for the more due proceeding herein, it shall and may be lawful for them or either of them to administer an oath to the plaintiff or defendant, and also to such witnesses as shall be produced by each party, if they, the said mayor, recorder and aldermen, or either of them think fit; and in case either of the parties, plaintiff or defendant, shall not perform such order, judgment or decree as the said mayor, recorder or aldermen, for the time being, or any of them shall make or set down, then it shall and may be lawful for them or any of them to commit such party or parties to any prison of, or in the said city, there to remain until he, she or they perform such order, and every marshal of the said city for the time being, is hereby commanded and authorized to execute all and any the summonses, precepts and commands of them, the said mayor, recorder and aldermen, or any one of them, made, issued, or given in, about or concerning such suits, pleas, controversies and trespasses, or any of them as shall be to him directed; and every keeper of the jail for the city of New York, for the time being, is hereby commanded and authorized to receive, and safe keep in his jail or custody, all such parties so committed or to be committed to the prison he shall then be the keeper of, until he, she or they shall perform such order accordingly. Sheriff, clerk and all sub cers to at the and to execute commands. 32. And we do, for ourselves, our heirs and successors, by these ordinate offi- our present letters, require and strictly charge and command, and tend upon fully empower the sheriff, common clerk, chamberlain, marshal, recorder and jail keepers, high constable, petty constables, and all other subordialdermen, nate officers of and in the said city, now chosen, elected, constituted their or appointed, or that hereafter may be chosen, elected, constituted 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.* Mayor, his deputy, and 33. And we do further hereby will, declare and ordain that before other officers the mayor, deputy mayor, recorder, aldermen, assistants, assessors, to be sworn. sheriff, coroner, common clerk, chamberlain, high constable 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 *Note XLIV. Recorder to appointed, elected or chosen shall, before they be respectively permitted to execute their respective offices or places aforesaid, respectively be sworn as follow, 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 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 said city of New York for the time being; or, in case of the absence of the governor or commander-in-chief for the time being, then before the oldest counsellor of the said province for the time 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 heirs and successors, give and grant full power and authority to the governor 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 presence of any three or more of the aldermen of the said city for the time being, to administer 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 person hereafter to be appointed be sworn 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 justice of peace, before the mayor of the Before said city for the time being, or his deputy; to which same mayor deputy. 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 manner aforesaid, without any other warrant, commission or power from us, our heirs and successors; and every deputy mayor or every alderman hereafter to be appointed to act as deputy mayor for the time being, to take the proper Deputy 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 His oath. justice of the peace before the mayor or recorder, and any three or more of the aldermen of the said city for the time being. And we do hereby, for us, our heirs and successors, give full power and authority to the mayor or recorder of the said city, and to any three any three or more of the aldermen of the said city, for the time being, to ad- dermen, to minister such oaths as aforesaid without any other warrant, commis- such oath. sion or power from us, our heirs or successors. And also, every Aldermen, alderman hereby appointed, and every person hereafter to be elected assessors, to or for the office or place of alderman of or in the said city, to ner, clerk the mayor or his mayor to be sworn. Mayor or re corder, and or more al administer assistants, sheriff, coro lain, highconstable, and petty stables, fore chamber- 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 con- petty constable hereby named, and every person 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 apBe sworn be- pointed 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 or 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 administer such respective oaths to each of the respective persons aforesaid accordingly, without any other warrant, power or authority from us, our heirs or successors. the mayor or his deputy, recorder. No free citizens of the city to compelled, serve on any inquest or juries, or to the jurisdic city. 34. And further, of our especial grace, certain knowledge and be meer motion, we have granted, and by these presents do for ouragainst their selves, our heirs and successors, grant and confirm unto the aforewills, to said mayor, aldermen and commonalty of the city of New York, aforesaid, and to their successors, that neither they nor any of them, execute any nor any free citizen of the said city during the time of their being office out of inhabitants there, shall, against their or any of their wills, out of tion of the the city aforesaid, be put or empanneled upon or in any assizes, juries or inquisitions whatsover, (although it toucheth or doth or shall touch us, our heirs 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 any taxes, duties, imposts or subsides whatsoever, or of any part or parcel of them, or of any of them out of the said city; nor shall be ordained, elected, assigned or appointed constable, bailiff or any other officer or minister, without or beyond the said city aforesaid, and the liberties and precincts thereof; nor shall be called upon, compelled or forced against their or any of their 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 mayor, 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, empanneled or returned upon any assizes, juries or inquisitions 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 ; and though they or any of them being summoned, empanneled or returned, elected or chosen as aforesaid, shall refuse or neglect to come and appear before our justices, or other justices, commissioners *Note XLV. 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, forfeitures or loss whatsover, by reason of such refusal or neglect to or towards us, our heirs or successors, shall not nor either of them, shall in any wise incur, but therefrom and thereof, as well before us, our heirs and successors, as all other the justices, commissioners and other officers whatsoever of us, our heirs or succes sors, shall remain quiet and forever discharged.* tion to all ants of their ments and ments. 35. And further, we do for us, our heirs and successors, by these Confirmapresent letters give, grant, ratify and confirm unto all and every the inhabit the respective inhabitants and freeholders of the said city of New houses, York, and their several and respective heirs and assigns forever, lands, tene all and every the several and respective messuages, tenements, lands hereditaand hereditaments, situate, lying and being in the said city, and Manhattan's Island aforesaid, to them severally and respectively granted, conveyed or confirmed, 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 former 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 to them respectively, and to their respective heirs and assigns for ever; 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.† to purchase hold elands so clear yearly value not ling per an num. 36. And further, of our special grace, certain knowledge and Corporation meer motion, we do for us, our heirs and successors give, grant, and ratify and confirm to the said mayor, aldermen and commonalty of the our said city of New York, and to their successors forever, full, yearly special and free liberty, license, power and authority to take, re- £3,000 sterceive, 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 and 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 annun, money of our realm of Great Britain, beyond and above all charges and reprises, without any hinderance of us, our heirs or successors, or the justices, escheators, sheriffs, coroners, bailiffs or *Note XLVI. + Note XLVIL Grant and other the ministers 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.* confirmation 37. And we do, by these presents, of our especial grace, certain to the corpo, knowledge and meer motion, give, grant, ratify and confirm unto their build- the said mayor, aldermen and commonalty of the city of New York, kets, ferries, and their successors forever, all those the now city hall and jails, vacant lands rooms or places for the courts of justice and chambers adjoining, wharfs, &c., with the ground and appurtenances thereto belonging, the five high and low market-houses, the great dock, the now crane and wharf, with the on Manhat-common sewer leading through the great dock and bridge, and tan's Island, also the magazine or powder-house near the fresh water, all in the adjoining city of New York, and the ferry and ferries on both sides of the Brooklyn. East river, and all other ferries now and hereafter to be erected ration of ings, mar docks, and between water mark and at and the ferry at 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 ground 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 governing and well ordering of all the ferries now erected or established, or hereafter to be erected or established round the said Island Manhattan's, and all the waste, vacant, unpatented and unappropriated 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 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, pre-eminences, advantages, jurisdictions, courts, powers, offices, authorities, markets, ferries, ferriages, fees, fines, amerciaments, perquisites, profits, immunities, lands, tenements, rents, possessions and hereditaments by and other real estate, not only which in the before recited grant or ters confirm writing 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 Grant former char ed. *Note XLVIII. |