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the rest of the patentees as by the same release recorded in the Secry office of this province in Lib. N Fo. 302 & the Orignal desposited in the hands of the sd William Smith may appear And whereas tho the Estate in Law of the sd 4250 Acres of land was in the sd Adam Ireland John Thomas & Benj" Birdsel yet it was in trust to make partition thereof between the Subscribers hereto & to make conveyances to the persons to whom by lot the respective parts thereof should fall And whereas pursuant to the Tenor of Agreement between the Subscribers or those under whom they claim the sd 4250 Acres were divided unto 80 lots nearly of 500 Acres each numberd & Scituate as in the Map thereof in the Margin hereof & such & so many of the sd lotts fell to the Subscribers hereto or to those under whom they claim as those to which the names of the Subscribers hereto or those under whom they claim are annexed in the Margin hereof which Lotts respectively have been convey'd to the persons for whom they fell by Leases & Releases as by the leases recorded in the Secretaries office in Lib N & the Releases in the hands of the Subscribers to whom they were made or their assigns may appear And whereas it is agreeable to equity that in case of an eviction of any of the parts divided that Satisfaction be made to the persons ousted to prevent coming to a New Division of the remainder which otherwise were equitable & therefor it is highly the Duty & Interest of every one to preserve & support every other person in the possession of the lotts fallen to him by being a proportionable part of all charges & expences necessary for a just defence & in case of eviction by paying to the person or persons evicted a proportionable part of the Value of the part evicted Now in order thereto it is agreed first that in case any suit or suits shall be commenced by any person or persons whatsoever against any of the sd subscribers their heirs or assigns or under Tenants by which the title of the Premises can any way come in Question or be prejudiced Then upon a Months notice at least to be given by the persons sued or molested as follows viz as to Adam Ireland John Thomas & Benj" Birdsel &

all persons claiming under them excepting William Smith & persons claiming under him by sending a letter with the Notice by the Post (or otherwise if safely deliver'd) to Cornelius Flamen at Rye or to Such other person or persons as at any meeting shall be apointed And as to the other patentees & persons claiming under them by sending a letter with the notice by the Post to James Brown at Norwalk or such person or persons as at any meeting shall be appointed And as to the persons claiming under William Smith by advertising the time of meeting in the publick News papers It is agreed that the Subscribers their Heirs & assigns by themselves or by Proxy shall meet in such publick house in New York & on such day as the person sued or molested shall apoint & when sixty six votes are so met according to the sa notice such a number of the persons met as have two thirds of the Vote mett hereby are impowered to assess & rate upon every lot of the premisses such an equal & reasonable sum for the owner thereof to pay as they shall esteem to be necessary for the defence of the person so sued or molested & to fee & employ such & so many Council Attorneys & sollicitors for that purpose as they shall think fit to appoint the time or times & place or places for the paying of the moneys so assessed & rated & a person or persons to be Treasurer or Treasurers (who is or are part owners of the premises) who is to receive & again to pay out & discharge & account for the same moneys in such method as they shall direct And afterwards from time to time during the continuance of such suit & of the appeal & appeals that may be made to the Judgemt or decree therein the person molested or the Treasurer so apointed shall give notices for further meeting for assessing such further moneys as may be necessary when he with the advice of such council or attorneys as are concerned shall think it necessary

Secondly Its agreed that in case any persons or persons whatsoever has or have entered or shall enter or threaten to enter upon any part of the premisses or shall possess any part thereof & who refuses to remove without

a course of Law to oust or eject him or her then the owner of such lot or part so enterd upon or possessed who is threatened or disquieted shall give such notice of a meeting of the subscribers their heirs & assigns as is agreed upon in the first case & sixty six votes being met two thirds of them who are so met shall have like powers as in the first case to rate & assess moneys to order the receiving & paying out thereof & to do every thing requisite & necessary in the case for ousting the person so intruding & for quieting the possession of the person or persons threatned or disquieted as they are impowered to do in the first case but no person disquieted barely by threats without actual entry shall give such notices as aforesaid till the proprietors of twenty lotts have by writing under their hands testified that they esteem such notice necessary to be given

Thirdly in case an actual eviction or failing of Recovery by Decree or Judgemt in Equity or law & upon such appeal from them as by the Majority of Votes at such meetings shall be agreed on to be brought or defended to prevent setting aside the Division & Partition aforesaid in Equity It is agreed by all the parties afores for themselves their heirs & assigns excepting the Proprietors of the 9750 Acres released to Hauley & others to accept of Satisfaction for the land so evicted or not recovered which the other persons agree to pay to prevent any Disputes or suits concerning what shall be satisfaction it is agreed that five pounds per hundred acres with interest at 4 cent from the date of the letters patent aforesaid to the time of payment shall be satisfaction & so in proportion for a greater or lesser quantity of land & in order to the raising such satisfaction the Treasurer or Treasurers Sollicitor or attorney who has the managemt of the sa suit or suits or the person evicted or failing of recovery upon the first certain notice of such eviction or failing of recovery shall give such notice for the meeting of the persons concerned as in the first case who are hereby impowered to assess & rate the sa satisfaction in proportion & to order the payment thereof

Fourthly it is agreed that two parts be made of these Articles one whereof to be kept in New York in the hands of William Smith Genta & in case of his Death or other apointment (by the Majority of the Votes of the Subscribers met upon such a notice as herein before is mentioned) then to be put into & kept in the hands of such owner of part of the premisses at that time as by the Majority of the Votes of them that shall be met shall be apointed & in like manner to be put in another hand from time to time upon such apointmt And that part in West Chester County to be kept in the hands of Cornelius Flamen but in case of his Death or other apointment as afores than in the hands of such person as shall be apointed in like manner as before agreed on for that part in New York And it is agreed that the Subscribers hereto & their heirs or Devisees or execu shall continue to be esteemed owners of or answerable for to pay for the lotts for which they subscribe (which they now do for all the lotts to which their names are respectively affixed in the Map in the Margin hereof unless otherwise specially expressed here in at signing & pay their proportions rated on these lotts untill (but no longer than till) such time as such person or persons have bonafide have bought the same or other sufficient person shall subscribe in his place for the lot or lots or number of Acres purchased either in that part of these articles kept at West Chester or that part kept in New York & seal & deliver that part so subscribed in the presence of two witnesses signing as witnesses to the sealing & Delivery and the Keepers of the several parts of these articles shall yearly on the 25th day of March exchange a list of the subscribers for the past year which lists shall be annexed to the parts of these articles respectively in order that the owners of the premisses may at either place be known & it is hereby declared that every assign or new signer that shall so seal & deliver either parts of these Articles shall by his signing sealing & delivering thereof be as much bound thereby to every other person who has then sign'd or shall hereafter sign either part of these articles as the person in who's place he signed was before his signing &

all other subscribers shall be in like manner bound for him or her

Lastly each subscriber hereto binds himself his heirs Excer & admin" to every other subscriber of either of the parts of these Articles & more particularly to such subscriber as from time to time may be apointed treasurer in the penal sum of two hundred pounds for every five hundred acres of land for which he subscribes & is in proportion for a greater or less quantity of Acres for the true payment of such money as pursuant to these Articles shall be assessed or rated for him to pay & that to such person & at such times as by Virtue of these Articles shall be apointed order'd directed assessed or rated & for the true performance of every other thing in these Articles on him or her incumbent to perform & in order for the more certain payment of the sd money each subscriber grants covenants & agrees to & with every other subscriber his or her heirs & assigns that each five hundred Acres lot of land which he hereby subscribes hereto as owner of & every part of the sa Ridgefield lands shall be & hereby is made & every part thereof is made subject to liable to & charged with the payment of the Moneys that shall from time to time be assessed or rated upon the owner or owners thereof to pay by Virtue of these presents in whosoever hands the same hereafter may be & doth grant that from time to time the said money shall & may issue out of the same & that it shall & may be lawfull by virtue of these presents to every other subscriber of either of the parts of these articles his or her heirs & assigns & more particularly to such subscriber or subscribers as from time to time shall be apointed Treasurer or Treasurers by him or themselves or their Bailiffs agents or servants from time to time & so often as the said moneys so assessed & rated shall be behind & unpaid after the days appointed for the payment thereof to enter into & upon the same & by distress & sale to levy the sa moneys & arrears of the same with lawfull Interest thereof from the time the same ought to have been paid until the same is fully paid together

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