It was issued accordingly; and on the 11th of February, 1730, was presented to the Mayor by the Governor, with much ceremony.-[Ibid., and Minutes of Common Council, New York, of that date.]

NOTE 10.-PAGE 26.

Recital in Montgomerie's Charter, 1730.

(After stating the charter of Dongan, &c., Queen Anne, it proceeds :)

66

By virtue, or under pretext thereof, the said inhabitants and citizens of the city of New York have held and enjoyed, or have claimed to hold and enjoy, and still do claim to hold and enjoy, the ferry, vacant land, profits, privileges, and others the premises in the before-recite letters patent mentioned and intended to be granted.

"And whereas, besides all the aforesaid particulars in the said grant or instrument of the year 1686, and in the before-recited letters patent of Queen Anne, mentioned or intended to be thereby granted, the citizens and inhabitants of the said city of New York have anciently held, or claimed to hold, use and enjoy divers other rights, privileges, franchises, powers, profits, lands, tenements and hereditaments, as well by prescription as by divers grants and confirmations of and from divers governors, lieutenantgovernors, by the name of Mayor, Aldermen, and Commonalty of the city of New York, and by divers other names, styles and titles, and otherwise.

"And whereas, divers questions, doubts and opinions, ambiguities, controversies and debates have arisen and been made, as well upon and concerning the validity and force of the said recited grant or writing, dated in the year of our Lord 1686, and the before-recited letters patent of Queen Anne, as upon all and every other grant and confirmation of divers governors, lieutenant-governors, and commanders-in-chief, made to our city of New York as aforesaid, by reason of the variety of names, styles, titles and incorporations aforesaid, and by reason that the beforementioned grant or instrument, dated in the year of our Lord 1686, and the other grants and confirmations, were made in the Governor's own name respectively, when they should have been made in the respective names, styles and titles of former kings and queens, our royal predecessor, under whom they were governors, &c.

"And by reason, as some suggest and say, that the said city, or inhabitants or citizens thereof, never were well, regularly or legally incorporated, and for want thereof, none of the said grants, confirmations and writings hereinbefore mentioned, could take effect or operate; and for divers other defects in all or some of the aforesaid grants, confirmations and writings.

"And whereas, the said," (the petition of the Corporation is then recited.) "And we, considering that the strength and increase of this our province of New York does in a great measure depend upon the welfare and prosperity of our said city, wherein the trade and navigation thereof are principally carried on, promoted and encouraged, and we are desirous to give encouragement to the said city, inhabitants and citizens, and to remove, utterly abolish, and wholly take away all and all manner of causes, occasions,

and matters, whereupon such questions, doubts, opinions, ambiguities, controversies and debates as aforesaid, or any other questions or doubt may or can arise, in order thereunto," &c.

NOTE 11.-PAGE 27.

Act confirming the Charter, October 14th, 1732.

"An act of confirming unto the city of New York its rights and privileges, passed October 14, 1732.

"1st. Be it declared and enacted by the Governor, the Council and the General Assembly of the colony of New York, and it is hereby enacted by the authority of the same, that the Mayor, Aldermen and Commonalty of the city of New York shall and may forever hereafter continue and remain and a body corporate and politic in re facto et nomine, by the name of the Mayor, Aldermen, and Commonalty of the city of New York; and by that name to sue, plead, and be impleaded, and to answer and be answered, without any seizure or forejudger for or upon any pretence of any forfeiture or misdemeanor at any time heretofore done, committed, or suffered.

"2d. And be it enacted by the authority aforesaid, that all and singular letters patent, charters, gifts, and grants, sealed under the great seal of the colony of New York, heretofore made and granted unto the Mayor, Aldermen, and Commonalty of the city of New York, be, and are hereby declared to be, and shall be, good, valid,

authentic and effectual in the law, against the king's Majesty, his heirs and successors, and all and every person and persons whomsoever, according to the tenor and effect of the said letters patent, grants, charters and gifts.

"3d. And be it enacted by the authority aforesaid, that all and singular letters patent, grants, charters and gifts, sealed under the great seal of the colony of New York, heretofore made and granted to the Mayor, Aldermen, and Commonalty of the city of New York, be, and are to all intents and purposes, hereby ratified and confirmed.

"And be it enacted by the authority aforesaid, that the Mayor, Aldermen, and Commonalty of the city of New York, and their successors, shall and may forever hereafter peaceably have, hold, use and enjoy all and every the rights, gifts, charters, grants, powers, liberties and hereditaments which have heretofore been given or granted unto the Mayor, Aldermen, and Commonalty of the city of New York, by any letters patent, charter, grant or gift, under the seal of the colony of New York.

"5th. And be it enacted by the authority aforesaid, that this present act shall be taken, accepted and reputed, to be a general and public act, of which all and every the judges and justices of the colony in all courts, and all other persons, shall take notice on all occasions whatsoever, as if it were a public act of Assembly relating to the whole colony; any thing herein contained to the contrary thereof in anywise notwithstanding."

NOTE 12.-PAGE 27.

Minute of Colonial Statutes passed after the Charter of 1730.

The statute of 1732, respecting ferries, is hereafter noticed.

It is sufficient here to observe, that there is not a clause in it, except one, which could not have been made the subject of an ordinance, under a just construction of the powers of the Corporation.

October, 1730.-An act was passed to prevent damages arising from the running at large of swine; which gave authority to impound, and, if not redeemed within a limited time, to sell them at auction.

This was made perpetual by an act of the 14th September, 1739.

But on the 27th of February, 1751, it was enacted, that it should be lawful for the Mayor, &c., in Common Council convened, to make and establish such laws and ordinances as they may deem expedient, for the purpose of preventing swine from running at large in any of the streets, lanes or public places of the said city, and for impounding or forfeiting all swine which shall be found so running at large in said city, for such uses and purposes as the said Mayor, &c., shall direct.

Certain acts were passed for the better extinguishment of fires, which conferred new powers upon the Corporation. (Act of December 16, 1737; of December 31, 1751; of December 31, 1768; of December 30, 1769, and of April 1, 1774.)

A series of statutes was adopted respecting wells and pumps (act 27th November, 1741; of December 12, 1753;