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ing, and governing the said ferry or ferries hereinbefore mentioned.

And lastly, our will and pleasure is, and we do hereby declare and grant, that these our letters

patent, or the record thereof, in the secretary's office of our said province of New-York, shall be good and effectual in the law, to all intents and purposes whatsoever, notwithstanding the not true and well reciting or mentioning of the premises, or any part thereof, or the limits and bounds thereof, or of any former or other letters patents, or grants whatsoever, made or granted; or of any part thereof, by us or any of our progenitors, unto any person or persons whatsoever, bodies politic, or corporate, or any law or other restraint, incertainty, or imperfection whatsoever, to the contrary in any wise notwithstanding, and although express mention of the true yearly value, or certainty, of the premises, or of any of them, or of any other gifts or grants by us or by any of our progenitors, heretofore made to the said Mayor, Aldermen, and Commonalty, of the city of New-York, in these presents, is not made, or any other matter, cause, or thing, whatsoever, to the contrary thereof in any wise notwithstanding. In testimony whereof, we have caused these our letters to be made patent, and the seal of our said province of New-York, to our said letters patent to be affixed, and the same to be recorded, in the secretary's office of our said province. Witness our right trusty and well beloved cousin, Edward viscount Cornburry, Captain General, and Governor in Chief, in and over

This grant or the record

thereof to be

of force,

Notwithstanding any imperfections whatsoever.

By virtue of which Patent

our province of New-York aforesaid, and territories thereon depending in America, and Vice Admiral of the same, &c. in Council, at our fort in New-York, the nineteenth day of April, in the seventh year of our reign. Annoq; Domini, One Thousand Seven Hundred and Eight.

By Virtue, or under pretext whereof, the said the citizens do inhabitants and citizens of the city of New-York, hold the ferry

& vacant land have held and enjoyed, or have claimed to hold thereby grant- and enjoy, and still do hold, or claim to hold,

ed.

Recital of sundry other franchises, lands, and tenements held by the corporation;

the ferry, vacant land, perquisites, profits, privileges, powers, and other the premises, in the before recited letters patent mentioned and intended to be thereby granted. And whereas, besides all the aforesaid particulars in the said grant or instrument made, in the aforesaid year of our Lord one Thousand Six Hundred Eighty and Six, and in the before recited letters patent of Queen Anne, mentioned or intended to be thereby granted, the citizens and inhabitants of the said city of NewYork have anciently held, or claimed to hold, use, and enjoy, divers and sundry other rights, privileges, franchises, pre-eminences, advantages, jurisdictions, emoluments, powers, profits, immunities, lands, tenements, and other hereditaments, as well by prescription, as by divers grants, and confirmations of and from divers Governors, Lieutenant Governors, and Commanders in Chief, of the said province, by the name of The Mayor, Aldermen, and Commonalty of the city of New-York, As well by prescription as by and by divers other names, stiles, and titles, and otherwise.

grant and otherwise.

And whereas, divers questions, doubts, opinions, ambiguities, controversies, and debates, have arisen and been made, as well upon and concerning the validity and force of the said recited grant or writing, dated in the year of our Lord, one thousand six hundred and eighty-six, and the before recited letters patent of Queen Anne, as upon all and every the other grants and confirmations of divers governors, lieutenant-governors, and commanders in chief, made to our city of New-York, as aforesaid, by reason of the variety of names, stiles, titles, and incorporations, aforesaid, and by reason, that the before recited grant or instrument, dated in the year of our Lord one thousand six hundred and eightysix, and the other grants and confirmations of divers governors, lieutenant-governors, and commanders in chief, were made in the governors' own names respectively, when they should have been made in the respective names, stiles, and titles, of former kings and queens, our royal predecessors, under whom they were governors, lieutenant-governors, or commanders in chief, respectively, and by reason, as some suggest and say, that the said city, or inhabitants or citizens thereof, never were well, regularly, or legally incorporated, and, for want thereof, none of all the said grants, confirmations, instruments, or letters patent, herein before mentioned, could take effect, or operate; and for divers other defects in all, some, or one, of the aforesaid grants, confirmations, and writings; and also upon the validity and force of the prescription aforesaid. And whereas,

35

Sundry disputes concern

ing the invalidity of the former Charters;

And that the Corporation

were never

well or regularly incorporated; & of the invalidity of their prescription.

Petition of the corporation for a new charter

recited.

confirm all

their former franchises,

our well beloved subjects, the Mayor, Aldermen, and Commonalty, of our said city of New-York, by their humble petition, presented to our trusty and well beloved John Montgomerie, esq. our captaingeneral, and governor in chief of our provinces of New-York and New-Jersey, and territories depending thereon in America, and vice admiral of the same, &c. in council, reciting, among other things, that the city of New-York is an ancient city, and the citizens thereof have anciently held and used and still do hold and use divers and sundry rights, liberties, privileges, franchises, free customs, preeminences, advantages, jurisdictions, emoluments, immunities, lands, tenements, public buildings, and hereditaments, as well by the name of the Mayor, Aldermen, and Commonalty of the city of NewYork, as otherwise, to the advancement of the said city in its number of buildings and inhabitants, whereby the said city is become a considerable seaport, and exceedingly necessary and useful to our kingdom of Great Britain, in supplying our gogovernments in the West Indies with bread, flour, and other provisions; wherefore they prayed, among other things, for our confirmation and grant to the said city, and corporation, by the name, stile, and

To grant and title, of The Mayor, Aldermen, and Commonalty, of the City of New-York, of all their lands, tenements, public buildings, and hereditaments, wharves, docks, bridges, slips, ferries, cranes, grants, charters, rights, liberties, privileges, franchises, free customs, pre-eminences, advantages, jurisdictions,

lands and tenements.

emoluments, and immunities, now and heretofore, by them held and enjoyed; and that they might have the soil four hundred foot beyond low water mark, on Hudson's River, from a certain creek or kill called Bestaver's Killitie, southard to the fort, and from thence, the same number of feet beyond low water-mark, round the fort, and along the East River, as far as to the north side of a certain hill, called Corlaer's Hook; and also for a grant of such other powers, liberties, franchises, rights, free customs, jurisdictions, privileges, immunities, and things, as may be needful for the good rule and government of the said city. And we, considering that the strength and increase of our good subjects, in that our frontier province, of New-York, does, in a great measure, depend upon the welfare and prosperity of our said city, wherein the trade and navigation thereof are chiefly and principally carried on, promoted, and encouraged; and we affecting the good and happy estate of our said city, and the steady loyalty and integrity of the inhabitants and citizens thereof, are very desirous and willing to give encouragement to the said city, inhabitants, and citizens, and to remove, utterly abolish, and wholly take away all and all manner of causes, occasions, and matters, whereupon such questions, doubts, opinions, ambiguities, controversies, or debates, as aforesaid, or any other questions or doubts may or can arise; and in order thereunto, we have thought fit, them, the said inhabitants and citizens of the said city, of NewYork, (by whatsoever name or names they have

And to have

the soil 400 foot

below low-water-mark, on

Hudson's river

Motive inducing the Crown to grant a new

Charter.

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