and therebv made them one body corporate and pololick, and willed and determined them to be known and called by the name of the Trustees 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, mesaages, tenements, building, mills, milldams, ffences, inclosures, gardens, orchards, fields, pastures, woods, underw oods, common of 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 sd trustees of the ffreeholders and commonalhty of the sd town of Westchester, and their successors forever, to and for the several and respective uses 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 majties 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 patient, to the use, benefit and behoof of the sd ffreeholders and inhabitants respectively, and their several and respective heirs and assigns forever, and as for and concerning ail 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 patient, to the use, benefit and behoof of the then present tlVeehoIders and inhabitants, their heirs, successors and assignes for ever, in proportion to their several and respective settlements, divisions and allotments as tenents in common, without 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, inhabiting within the limitts and bounds aforesd by virtue of former grants to them made and oiven, always provided, that all and every such person and persons'that hold any land within the limits and bounds aforesd, by virtue of the particular grants, patents, are forever to be excluded from having any rights or c(immonage or particular division of any of the lands within the limits and bounds aforesd that then remaind unappropriated to be holden of us, our heirs and successors in fee and common socage according to the manner of East Greenwich, in the county of Kent, within our realm of P^ngland, under a certain yeirly quit rent therein reserved, due and payable unto us, our heirs and successors; and ichereas, the northerly bounds of the first recited paltent, extends into the woods without limitation, the said Coll, Thomas Dungan did, in and by the last abovementioned paltent and confirmation, declare and deter-