Home / O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. IV. Albany: Weed, Parsons and Co., 1851. / Passage

Documentary History of the State of New York, Vol. IV

O'Callaghan, E.B., ed. The Documentary History of the State of New York, Vol. IV. Albany: Weed, Parsons and Co., 1851. 384 words

lard Deane, to have been guilty of cutting White pine Trees as aforesaid; and to have incurred the penaltys of the Statute in that case made and provided--as by the Decree of said Court may at large appear but the Execution for said Penaltys being directed only against the Goods & Chattels of the aforesaid Trespassers, which it appears were alienated (while the suit was yet pending) to Samuel Wells Esq? a Judge of the Court of Common pleas in & for the County of Cumberland in the Province aforesaid, by the trespassers aforesaid, whereby the Recovery of the penaltys in the Statute aforesaid is evaded, tho' legally adjudicated. :

Wherefore your Meniorialist relying on your Honors ready Dispositions to afford all legal aid, & assistance towards carrying the Laws into due, just & effectual Execution; begs leave to represent--that by the express Terms of y® Grant or patent of said Lands under the public seal of New Hampshire, the property reverts to the King with right of re-entry, upon cutting any pine Timber from off the premises, without Licence, as by the Second Article of the Condition in the annexed Copy may more fully appear. That therefore the said Lands upon committing the Fact prohibited, revested in the Crown.

Wherefore your Memorialist (being also informed that the said Lands have not been granted under the public seal of the Province of New York) prays that it may be declared they are forfeited, and such public Reservation of the Premises made as may to your Honors seem meet--whereby Your Memorialist apprehends, that. the Statute for preserving White pine Timber to His Majesty will be in some degree carried into Execution; which otherwise in this Instance may be frustrated, and the most open convicted, and pernicious Violation thereof, which in this Case was perpetrated in avowed Defiance of the Laws, will elude that Penalty of the Statute which was wisely formed, and which by the Experiance of nearly half a Century has in other Provinces been found effectual to that End--But if such insiduous Artifice, which in fact adds to their Criminality, may unhappily cover, and Secure them from the Infliction due to such Trespassers, Offenders will exult in the Breach of the most ben+ ficial Laws, and in peso nee National Injury with Impunity.