302 HISTORY OF THE COUNTY OF WESTCHESTER. 



our s'l province. The sd Coll. Thomas Dungan, by virtue of the power and 

 authority to him derived, in and by a certaiu instrument in writing, under his 

 hand and seal of mir sd. prov'e of New York, whose date is the day and year 

 last abovesd, for the consideration therein mentioned, did give, grant, ratify, 

 release and confirm, unto twelve of the freeholders and inhabitants of the sd town 

 of Westchester, and thereby made them one body corporate and politick, and 

 willed and determined them to be known and called by the name of the Trus, 

 tees of the Ffreeholders and Commonality of the Town of Westchester and their 

 Successors, all the aforesd tracts and parcels of land, within the limits and bounds 

 aforesd together with all and singular the houses, mesuages, tenements, building, 

 mills, milldams, ffences, inclosureSj gardens, orchards, fields, pastures, woods, 

 underwoods, common or pastures, meadows, marshes, swamps, creeks, harbors 

 and all other profits and commodities and hereditaments whatsoever, to the sd 

 tracts of land, and premises belonging, or in any manner of ways appertaining, 

 to have and to hold unto them the s d trustees of the ffreeholders and commonallity 

 of the s J town of Westchester, and their successors forever, to and for the sev- 

 eral and respective use therein mentioned, (viz. ) as for and concerning all and 

 singular the several and respective parcels of land and meadows, part of the 

 abovesd granted premises, then in any wise taken up and appropriated, either by 

 patent under the hand of any of his majesties governors in this province, and 

 sealed with the seal thereof, or by particular divisions, settlements, allottments and 

 grants, by town orders, either for the planting of land or erecting of saw mills, 

 with all and every the priviledges of cutting of timber, and pasture for cattle, 

 before the day of the date thereof, unto the several and respective then present- 

 freeholders and inhabitants of the said town of Westchester, by virtue of the 

 before recited deeds or pattent, to the use, benefit and behoof of the s d ffree- 

 holders and inhabitants respectively, and their several and respective heirs and 

 assigns forever, and as for and concerning all and every such tracts and parcels 

 of land, remainder of the granted premises not then taken up and appropriated 

 to any particular person or persons, by virtue of the before recited deed or pat- 

 tent, to the use, benefit and behoof of the then present ffreeholders ar.d inhabi- 

 tants, their heirs, successors and assignes for ever, in proportion to their several 

 and respective settlements, divisions and allotments 01 tenents in common, with- 

 out any lett, hindrance or molestation, to be had upon pretence of jointanacy or 

 survivorship therein saveing to his then majestic, his heirs and successors, the 

 several rents and quit-rents reserved due, and payable from several persons, in- 

 habiting within the limitts and bounds aforesd by virtue of former grants to them 

 made and given, always provided, that all and every such person and persons 

 that hold any land within the limits and bounds afores'i, by virtue of the particu- 

 lar grants, patents, are forever to be excluded from having any rights or com- 

 monage or particular division of any of the lands within the limits and bounds 

 aforesd that then remained unappropriated to be holden of us, our heirs and suc- 

 cessors in free and common socage according to the manner of East Greenwich, 

 in the county of Kent, wdthin our realm of England, under a certain yearly quit- 

 rent therein reserved, due and payable unto us, our heirs and successors ; and 

 whereas, the northerly bounds of the first recited pattent, extends into the woods 

 without limitation, the said Coll. Thomas Dongan did, in and by the last above- 

 mentioned pattent and confirmation, declare and determine, that the northerly 



