1676.] HISTORY OF DELAWARE COUNTY. 107 



tlie Towne of Newcnstlo, River, or Bny by any, under what deno- 

 mination soever w"'()ut the approbation of the Govern"', unlesse 

 upon Extraordinary occasion in Case of necessity^, of w*^*" the 

 Governo"' to liave p'sent ace' sent him. That upon the Levy of 

 any Rates there be a fairc ace' kept both of the Receipts and 

 disboursments, w"^ account to be Given in to the Co" there to bee 

 past and then sent to the Governo"' for his allowance, until wich 

 not to bee a sufficient discharge. 



Whereas by this regidation there are no overzeers apointed nor 

 Contstables Courts, but all matters to bee determined by the 

 Justices; I: doe therefore Recomend the Composure or Refer- 

 ring to arbitracon of as many matters particularly under the 

 vallue of fyve pound as may properly be determined that way, 

 Provided it may bee by the consent of Partees; That any p"'son 

 desiering Land make application to the Court in whose bounds 

 itt is, whoe are required to sitt once a month or oftner if there 

 bee occasion to Give order therein & certify to the Governo"' for 

 any Land not taken upp and Lnproved fitt proportions, not ex- 

 ceeding fifty acres p"' head unlesse uppon Extraordinary occasions 

 where they see good Cause for itt, w'^'' Certificate to bee a suffi- 

 cient authority or warr' for the surveigo""' to surveig the same 

 and with the Surveigors Returne to bee sent to New Yorke for the 

 Governo""' approbation ; That in the Certificates be specified how 

 much upland and meaddow w"" due Reguard that Each may have 

 a proportionable sheare, according to the place they are in Land- 

 ward; Given under my hand and scale in New Yorke, the 25th 

 day of Septemb'' in the 28th leare of his may''"' Reigne, a° Dom : 

 1676."! (Signed) " E. Andross. 



The recently appointed Justices, according to the Record, 

 held their first Court at ''Uppland in Delowar Riuer" on the 

 14th of November, 1676. After they had been sAvorn into office, 

 the first act of the Court was to order "that Mr. Tom, the 

 former Clarke, should deliver unto the present Clarke, Eph: 

 Herman, the Records and other publiq bookes and wrytings be- 

 longing to this Court. "^ 



1 Upland Court Records. .SO. 



' This is not the only reference in the Upland Court Records to the rccord.s of a 

 former and earlier Court. — By the Records of New Castle Court, corresponding with 

 those of the Upland Court, it appears that several orders were made in respect to the 

 Records of an earlier Court at that place. Being in a bad condition, the Court ordered 

 thcui to be " sealed and sent to his Hon'' the Governo'" for his order therein." It ap- 

 pears from a letter addressed by the Governor to the Justices of New Castle Court on 

 the 14th of August, 1677, that these old Records were so sent, but returned again on 

 account of their " confusedness or ill order," to be copied into a book, and attested by 

 William Tom. who was clerk at the time these Records were made. Mr. Tom died 

 about this time, whereupon the Court of New Castle directed Ephraim Herman " to 

 put the old Records of the Court, when William Tom was Clerk, into good order." 

 Mr. Tom neglected to comply with the first order of the Upland Court in respect to 

 the old Records, whereupon the Court made a second order in November of the next 



