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City for twenty-five Skipples of wheat, they paying for the same at the rate of eight Dollars per Skipple.
May 6. Resolved that Aldermen John N. Bleecker and John Ja. Beekman be a Committee to request Mr. Jacob Cuyler to purchase a couple of Bulls for the use of the City.
Resolved that this Board will on Monday next meet the Commissioners for Indian Affairs to consult respecting the taking possession of the Lands at Tiononderoga.
May 31. Resolved that a Committee of four be appointed to examine the Charter of this City and consider what Clauses, or Privileges, they will surrender and what additions they consider necessary to be applied for.
The Committee chosen are Mr. Recorder, Alderman Bleecker and Messrs. Swits and Gansevoort.
Resolved that the Clerk draw an order on the Treasurer for to pay Thomas Seeger, Marshall to this Board, the sum of £20.
Resolved that the Clerk draw Deeds to John Knickerbacker Junior and Peter Yates for the Lands laid and surveyed for them at Schaghtekooke and that the yearly Rents and Reservations be the same as was agreed by the former Board except that Knickerbacker instead of paying 6d. per acre pay the Rent in wheat to wit, seven Skipples yearly.
June 5. Messrs. Christopher Yates and Henry Glen appeared before the Board, and laid before them a Plan for erecting a Colledge in the Town of Schenectady and requested the concurrence of this Board thereto.
The Board took the said plan and request into consideration, and thereupon resolved considering the unsettled state of affairs to postpone the final determination thereon to a future day.
June 14. The Board being convened in consequence of a request from Gen1 Clinton to assist the Quarter Master in procuring Waggons to transport Batteaux and Provisions to the westward, the Board took the same into consideration and thereupon Resolved that the Clerk write circular Letters to the Magistrates, Field and other Officers in the respective Districts of this County on the subject.
June 22. An account of Col0 Peter Van Ness for purchasing two Bulls for the use of this City and the expence of driving them up to this place, amounting in the whole to £212. Resolved that the Clerk draw an order on the Treasurer for the same. The Bulls are marked on the right Horn D. D.
Resolved that the following accounts be paid, viz: Gerrit Van Vrankin £24; Abraham Roseboom £8.
A Petition was presented to the Board by Gerrit Winne of Schaghtekooke praying for a grant of a certain piece of Land at Schaghtekooke. Resolved that the said Petition be deferred for consideration till a future day.
A Letter from Mr. John Addison dated June 2d, 1779, was read and filed.
June 28. Mr. Visscher laid before the Board two Letters he had reoeived since last meeting, the one from Mr. William Thompson dated Pottsgrove, 12th June, 1779, and the other from Mr. Peter Willson, dated New Barbadoes, 16 June instant, which were read and thereupon
Ordered that the said Letter be laid before the Subscribers who formed the Plan for the institution of a public School in this City, for their advice and opinion in the premises.
Ordered that the Aldermen of the respective wards in this City cause the Bridges in their respective wards to be repaired with all convenient speed, and that they also cause the public City Roads to be repaired by the Inhabitants thereof.
Resolved that the Ordinance for marking of Bread be published and that the fine be augmented to five pounds.
That the price of Bread be four shillings per pound.
July 7. The Letters which Mr. Visscher laid before the Board last meeting having been laid before the Subscribers of the public School, and they having drawn up an Answer to that of Mr. Addison, which being read was agreed to, and ordered copied and forwarded.
The first section of the Ordinance for regulating the Butchers was published.
July 9. The Ordinance for paving and cleansing the Streets was revived and published.
July 26. Ordered that the Clerk send to Mr. Addison a duplicate of the Letter formerly wrote to him and request an Answer thereto.
August 10. Ordered that the Treasurer receive from Mary Furnival the consideration money for the Lots purchased by her husband, and that he give her a Receipt for the same.
Ordered that the Clerk draw an Abstract of the Privileges intended to be applied for and of the Privileges the Board intend to surrender. That three copies be made thereof and one lodged with the members of each ward for the Inhabitants to sign.
Ordered that the Clerk draw orders on the Chamberlain to pay the following accounts, viz: John McKensie and Angus Murray £30:16.
August 21. Resolved that the Clerk draw an order on the Treasurer to pay the following accounts, viz: Richard Van Saute, £169:16; Abraham E. Wendell £12:8.
September 2. Ordered that Letters be wrote to Dr. Witherspoon and Mr. Thomson, which was done accordingly.
Resolved that a Committee of three be appointed to examine the Road Acts, make out a Rate Bill and lay the same before the Board with all convenient speed. The Committee chosen are Messrs. Conl" Swits, John Ja. Beekman and AbTM I. Yates.
Ordered that the Clerk draw an order on the Treasurer in favor of Alderman Stringer £19:4.
Ordered that the Clerk draw an order on the Treasurer in favor of Thomas Seeger for £10 on account.
September 4. Ordered that the Clerk draw orders on the Chamberlain, to pay the following accounts, viz: Abraham Bogert £15:12; Gerrit Hallenbeck £44:16; Wilhelmus Van Den Bergh £16:16.
Ordered that the Mayor execute the Deeds to Peter Yates and John Knickerbacker Junior, for each a piece of Wood Land at Schaghtekooke.
September 28. Whereas by the Charter of Incorporation of this City it is provided that on the 29th day of September in every year one Constable is to be elected in each ward, and whereas it has been found by experience that a greater number of Constables are necessary, therefore
Resolved that at the Election to be held on the 29th day of September instant an additional Constable be chosen in each ward.
William B. Hilton petitioned for the use of an acre of Land lying immediately west and adjoining the Lot lately belonging to John Taylor.
Thereupon Resolved that the Petition of the said Hilton be granted, and that he have the same for seven years without any rent, and in case he shall at any time during the term of seven years not want the same for his own use, that then and in that case the same shall immediately revert to the Corporation.
Resolved that the Clerk draw an order on the Treasurer in favor of Thomas Seeger for ten pounds on account.
At a Common Council held at the City Hall of the City of Albany on the 29th day of September, 1779.—Present, the Mayor, John Price, John Roorbach, John Ja. Beekman, John N. Bleecker, John M. Beekman, Samuel Stringer, Abm I. Yates, Corny Swits, Leo. Gansevoort Jun., Peter W. Douw, Isaac D. Fonda, Mat. Visscher.
This being the day appointed by the Charter for the election of two Aldermen two Assistants and two Constables for each ward, the Polls of the Election for that purpose were returned, from whence it appeared that the following were duly elected, viz:
John Price Ab. I. Yates Jacob Kidney
John Roorbach Mat. Visscher John Van Sante Jun.
John Ja. Beeckman Isaac D. Fonda James Paul
John N. Bleecker Peter W. Douw Thomas Auker
John M. Beekman Leonard Gansevoort Jun. Benjamin Kip.
The Board then proceeded to the appointment of the Chamberlain, Marshall and High Constable, and appointed Garret Ryckman, Chamberlain; Thomas Seeger, Marshall; Jacob Kidney, High Constable.
The Board being informed that Col° Gansevoort had made Prisoners of the Indians residing at the lower Mohawk Castle, the Reversion of which Lands being in this Board, and it being of the highest importance that the Board should be informed how and upon what Principles those Indians were made Captives and removed, therefore
Resolved that Col° Gansevoort be requested to attend the Board in order to give information relative to, the capture of those Indians.
Col0 Gansevoort appeared and informed that pursuant to orders from the honble Major General Sullivan he had removed and made Prisoners of the said Indians, an Extract of which said Orders are as follows, to wit:
You will proceed by the shortest Route to the lower Mohawk Castle, destroy it and captivate if possible all the Indians that may be there; whatever Prisoners may fall into your hands you are to proceed with to Albany and from thence with all possible despatch to Head Quarters. You are by no means to leave any of the Prisoners at Albany unless particularly directed by General Washington or Congress. These Orders were dated 20th Sept. 1779, signed John Sullivan, Majr Gen1.
And directed to Col° Gansevoort.
This Board thereupon Resolved that a Committee of three be appointed to draw a state of the claim of the Corporation to said Lands and to employ and consult with Council what steps may be necessary to be pursued in order to obtain possession of said Lands. The members chosen are Messrs. Mat. Visscher, Leonard Gansevoort Jun. and John Roorbach.
Resolved that the present and late Chamberlain furnish the said Committee or either of them with such Papers belonging to this Board as they may conceive necessary in the premises.
October 5. Mr. Visscher from the Committee appointed last meeting to draw a state of the Claim of this Board to the Lands of Tiononderoga and to take the advice of Council, thereupon reported that they had drawn a state which is in the following words to wit:
State of the Claim of the Corporation of the City of Albany to the Lands in Tryon County, called lower Mohawk Castle or Tiononderoga.
I. Governor Dungan by Charter dated 22 July, 1686, among other things did grant unto the Mayor, Aldermen and Commonalty of the City of Albany full Liberty and Licence at their pleasure to purchase from the Indians one thousand acres of low or meadow Land lying at a place called Tiononderoga, and that the same might be in what part of Tiononderoga or the Lands adjacent on both sides of the River as the said Mayor &c. should think most convenient, and also did by the said Charter give, grant and confirm the same unto the said Mayor, Aldermen'and Commonalty, to hold to them and their successors for ever. Yielding and paying therefore yearly forever the annual Quit Rent of a Beaver Skin on the 20th March.
II. That on the 12th day of October, 1730, the Corporation of the said City on the application of the Mohawk Indians did accept and take from them a Deed in due form of Law executed for the quantity of one thousand acres of Land at Tiononderoga aforesaid, to hold to them and successors in trust for the said Mohawk Indians so long as they should continue a Nation and be settled there, and from and immediately thereafter the remainder to the only use and behoof of the said Mayor, Aldermen and Commonalty their successors and assigns for ever, which said Deed remained in possession of John De Peyster Esq. then Mayor of the said City until the 12 Sept. 1733, when upon a Message of William Cosby, Esq., then Governor of New York, he delivered the same to him to be used at a Treaty with of said said Indians, at which Treaty, by the directions of the said William Cosby Esq. the said Deed was tore in pieces and consumed.
III. That previous to the execution of the said deed to wit on the 14th day of June, 1721, two of said Indians conveyed eleven Morgan of said Lands to Mr. Cuyler in fee, whose heirs afterwards on the 24 April 1769, obtained from the Corporation for the consideration of thirty pounds a Conveyance or Release for the same.
IV. That on the 7th July 1730, some of the said Indians conveyed
ten or eleven Morgan of said Lands to Peter Brower for the term of 999 years, who on the 29th November 1734, conveyed the same to the Corporation.
V. That the Corporation on the 27th April, 1749, leased the said ten or eleven morgan to the said Peter Brower for the said term of 999 years, at the annual rent of one Skipple of wheat for each morgan.
VI. That also previous to the execution of said Indian Deed, some of the said Indians had conveyed to Jan Wemp the quantity of twenty-two morgan of said Lands, who on the 13th of September, 1737, obtained from the Corporation a conveyance for the same under an annual rent.
VII. That the said Indians have from time deserted and removed from the said Lands, that for these two years last past no more than four families have remained on the same, who by virtue of an order from Gen1 Sullivan are now also removed.
VIII. That the said lands are now possessed principally by refugees from Andrews Town, Cherry Valley, &C., and part of them by persons who have been settled by some of said Indians.
The Corporation want to know how and in what manner they must get possession of those Lands, some of the possessors they suppose will attorn to and take Leases under the Corporation, and others they suppose will not, and that they had taken the opinion of Peter W. Yates, Esq. upon the preceding state, which is in these words, to wit:
Gents.: Agreeable to your request I have taken into consideration the state of your claim to the Lands at Tiononderoga in Tryon County, and upon the whole I conceive it advisable for you as soon as possible to cause them to be surveyed and the boundaries properly fixed and ascertained. After which you should take into your possession all the unpossessed Lands that lie within those bounds, and lease them out for a short term on a reasonable rent. These Leases should be carefully drawn and a special Clause inserted for the Tenant peaceably to deliver up the possession at the end of the term to you or your successors,
As it is probable that you will meet with no obstruction in thus obtaining possession, it will be the most eligible mode for you now to pursue, considering at the same time the difficulty, delay and expence that would attend your bringing ejectments in which you would finally recover no more than the possession, nor would such recovery operate as a bar to another suit brought for the same Lands by those who may lay claim to them at a future day.
But with respect to such of the Lands as are possessed by persons who shall refuse to attorn or become Tenants to you, it will be necessary for you to bring ejectments against them in order to oust them of the possession. And as you are a corporate body the mode of process will differ from the ordinary course pursued in ejectment causes, for it will be necessary for you to give a Letter of Attorney empowering some person by Deed under your common Seal to enter and seal a Lease upon the Land, and if there be several parcels of Land possessed by several persons, in that case several Leases must be made as above directed and Declarations delivered to each Tenant in possession. After this the proceedings will be carried on nearly as usual in other ejectment causes.
Altho by the Charter of Incorporation you have an undoubted estate in fee simple in these Lands, and altho the Indian Deed referred to in your state cannot strict© jure be considered as part of your title (since those