THE TOWN OF NORTH CASTLE. 73 1 



Manual, either with or without workmen, Horses, Wagons, Carts, or any other 

 Carriages, to enter and come into and upon the said Lands, and every or any part 

 thereof ; and there to fall, cut down, root up, Hew, Square, Saw, work up, Have, 

 Take and Carry away the same for the uses aforesaid. To Have and to Hold the 

 one moiety or half part of the said Tracts or Parcells of land, Tenements, Heredi- 

 taments, Mines, Minerals and Premises, with their and every of their Appurten- 

 ances, by these presents Granted, Ratified and Confirmed, or meant, mentioned, 

 or intended to be hereby Granted, Ratified and Confirmed, (except as is 

 hereinbefore excepted) unto the said William Smith, his heirs and assigns, to the 

 only proper use and behoof of him, the said William Smith, his Heirs and Assigns, 

 forever ; And to Have and to Hold the other Moiety or half part of the said 

 Tracts or Par cells of Lands, Tenements, Hereditaments, Mines, Minerals and Prem- 

 ises, with their and every of their Appurtenances, by these presents Granted, Rati- 

 fied and Confirmed, or meant, mentioned, or intended , to be hereby granted, rati- 

 fied and Confirmed, (except as is hereinbefore excepted,) unto the said James 

 Brown, his Heirs and Assigns to the only proper use and behoof of him, the said 

 James Brown, his Heirs and Assigns, forever ; To be H olden of us, our Heirs and 

 successors in free and Common Soccage, as of our Manor of East Greenwich, in 

 the County of Kent, within our Kingdom of Great Britain, yielding, rendering and 

 paying, therefore, yearly, and every year, forever, unto us, our Heirs, and Succes- 

 sors, at our Custom House, in our city of New York, unto our, or their Collector 

 and Receiver-General there for the time being, on the Annunciation of the blessed 

 Virgin Mary, commonly Called Lady Day, the Yearly Rent of two shillings and 

 six pence for each hundred acres of the above Granted Lands, and so in proportion 

 for any Lesser quantity thereof (the Land allowed for Highways only excepted) in 

 Lieu and Stead of all other rents, Services, Dues, Duties and Demands whatsoever 

 for the above Granted Lands, Mines, Minerals, Tenements, Hereditaments and 

 Premises, or any part thereof, Provided, always and upon Condition that if our 

 said grantees, their Aeirs and Hssigns, or one of them, shall not, within three 

 Years next ensuing the date hereof Plant, Settle and effectually Cultivate at least 

 three Acres of every fifty Acres of such of the above Granted Lands as are capable 

 of cultivation ; or if our said Grantees, their Heirs or Assigns, or any other person 

 or persons by their or either of their privity Consent or procurement shall set on 

 fire or Burn the Wood on the said Lands, or any part thereof (so as to destroy, im- 

 pair or hinder the Growth of any of the Trees there that are or may be fit for 

 Masts, Planks, Knees or other things fit for our Royal Navy, that then, and in 

 either of these Cases, this, our present Grant, and everything therein Contained, 

 shall cease and be void. Anything hereinbefore Contained, to the Contrary, not- 

 withstanding; Declaring nevertheless that nothing in these presents, Reserved or 

 Contained, shall or ought to be Construed to extend or be intended to prohibit, or 

 in any wise hinder our said Grantees, their Heirs or Assigns, or either of them 

 from such Burning of the Woods or Cutting down or falling of the Trees that are 

 or shall be Growing or being on the above Granted Lands, or any part thereof, as 

 shall be necessary or Conducive to the Cleaning and effectual Cultivating the same 

 lands or any part thereof, or to or for their own use or uses. And we do hereby 

 further Declare, that by the said Burning of the Woods is only meant and intend- 

 ed that our said Grantees, their Heirs and Assigns, are to be restrained only from 

 Setting fire to and burning any Timber or Trees whilst they are standing and Grow- 



