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George H. Cook,
STATE GEOLOGIST.
Edited by GET NJ
Copyright 2003
The law was prepared, passed, and approved
as appears from the following, which is on file in the Secretary's office
at Trenton. (Book C, 3 Commissions. p, 11.)
"At the Court of St. James', the 1st day of September,
1773.
"Whereas the Governor of his Majesty's Colony of New Jersey with the Council and Assembly of the said Colony did in September 1772. pass an Act which hath been transmitted in the words following, viz:
"'An Act for establishing the boundary or partition Line between the Colonies of New York and Nova Csesarea or New Jersey, and for confirming the titles and possessions;
"Whereas the Boundary or Partition line between the Colonies of New York and Nova Caesarea or New Jersey from the Station of Hudson's River to the Station on Delaware River not being duly ascertained and the extent of their respective jurisdictions remaining uncertain and the due and regular administrations of government in both Colonies being by that means greatly obstructed the respective Legislatures of both the said Colonies did by acts for that purpose passed concur in submitting the title and property of the lands affected by the said boundary or partition line, in both Colonies to such a method of decision as his most gracious Majesty should think proper by his royal commission or otherwise to institute and appoint, of which acts his majesty was pleased to declare his approbation and by his royal commission under the great seal of Great Britain bearing date the seventh day of October in the seventh year of his reign did authorize and appoint certain persons therein named or any five of them to be his majesty's Commissioners for ascertaining, settling and determining the boundary aforesaid between the said Colonies, and Whereas, a sufficient number of Commissioners named in the said Commission on the seventh day of October in the year of our Lord one thousand seven hundred and sixty-nine, did determine that the boundary or partition line between the said colonies of New York and New Jersey should be a direct and straight line from the fork or branch formed by the junction of the stream or waters Mackackamack with the river called Delaware or Fishkill in the latitude of forty-one degrees twenty-one minutes and thirty-seven seconds as found by the Surveyors appointed by the said Commissioners to a rock on the west side of Hudson's River marked by the said Surveyors in the latitude of forty-one degrees being seventy-nine chains and twenty-seven links to the southward on a Meridian from Sneydon's house formerly Corbet's from which determination the agents of both the said Colonies appealed to his Majesty in his privy Council; And Whereas several tracts of land to the Northward of the said partition line so decreed by the said Commissioners have been heretofore taken up or sold and hitherto and still are held and possessed by virtue of titles derived from and under the government of New Jersey or the general proprietors of the same or some or one of them, to wit; one tract of land on the 6th day November 1718, surveyed and afterwards returned for John Decker for 1000 acres with the usual allowance for highways; Another tract on the 11th day of October, 1711, surveyed and afterwards returned for William Tidsworth for 350 acres with the usual allowance for highways, Another tract on the 29th day of July, 1731, surveyed and afterwards returned for Samuel Green for 783 acres with the usual allowance and two other tracts mentioned to contain together 500 acres, besides the usual allowance for highways, surveyed and returned for Johannes Westphalia, Claus Westphalia, Simon Westphalia, Tunis Quick, Remora Quick and Cornelius Doutcher, only about 100 acres of which last mentioned two tracts are now held and possessed by virtue of the said survey, the remainder thereof being now held and possessed by persons claiming under the colony of New York. Another tract of land at the northeast end of the Long Pond surveyed and returned for or at the request of Peter Schuyler, containing 402 acres and 49-10ths of an acre strict measure, which after allowance for highways was to remain for 383 acres and 32-lOOths of' an acre, and also another small tract of land surveyed the 12th day of July, 1763, for John and Gertrude Schuyler situate adjoining the tract last above mentioned and containing 13 acres and 59-lO0ths of an acre; several other tracts of land sold and conveyed by the'devises of James and Mary Alexander to sundry persons on the 13th day of December, 1762 to wit, to Elijah Inman 101 acres and 7-lOOths of an acre, to Hannah Ferguson 123 acres and 51-lOths of an acre, to George Kimber 161 acres and 74100 parts of an acre, to Hezekiah Lorin 97 14-lOOths acres, to Inman Wallin 66 93-100ths acres, to Benjamin Van Vleet 104 35-lOOths acres, to Bryant Hammell 135 acres, to James Clark 104 56-lOOths acres, to Jacobus Rosekrans 173 35-lOOths acres, to Johannes Westbrook 100 acres, to John Davis 152 acres, to Jacob Middagh 213 76-lOOths acres, and to Josias Cole 100 acres; and another tract of 50 acres sold and conveyed by Andrew Johnston, to George Kember on the 8th day of August, 1759, a part of which lays to the southward of the said partition line. Another tract of 87 56-lOOths acres sold and conveyed by Benjamin Thbmpson to Johannes Westbrook, on the 4th of May, 1763. Two other tracts of land sold and conveyed by James Alexander, William Burnet and James Parker to Richard Gardner, on the 30th day of March, 1753, the one tract containing 170 acres and the other 8 acres. Another tract of 40 63-100ths acres sold and conveyed by the devizees of James and Mary Alexander to the said Richard Gardner, on the 3d day of January, 1763, and another tract of 173 acres sold and conveyed by the said devizees of the said James and Mary Alexander to Joseph Barton, on the 16th of December, 1762, part whereof lays to the southward of the said partition line. Another piece of land containing about one acre sold and conveyed by David Ackerman to Jacobus Van Buskirk, on the 12th of February, 1762. And also several other tracts of land purchased, surveyed and located for the proprietors of the Sterling Iron Works, to wit, one tract containing 50 acres surveyed the 10th of November, 1736, to Cornelius Board and Timothy Ward. Six small tracts containing in the whole 27 72-lOOths acres surveyed February 12th, 1738, to the said Board and Ward. Six other tracts of land containing in the whole 371 53-lOOths acres surveyed the 23d of July, 1740, to Timothy Ward, William Smith and Company, And another tract of 10 80-100ths acres surveyed the 29th of November, 1757, to William Hawkhurst. Three other tracts containing in the whole 131 25-100ths acres surveyed to James Burling, the 17th of May, 1750, And another tract containing 10 29-100ths acres surveyed to William Hiawkhurst, the 20th of July, 1761, One other tract of land sold and conveyed by John Barberie and Peter Fauconier to John Sobrisco, on the 6th of November, 1724, containing 630 acres, One other tract of land sold and conveyed by Magdalane Valleau to Coenradt Wanamaker, on the 23d of May, 1753, containing 105 acres, One other tract of land sold and conveyed by Richard Gardner to Elijah Reeve, on the 8th of June, 1762, containing 127 48-100ths acres, Also three other tracts of land surveyed the 13th of April, 1768, to William Hawkhurst, containing 100 98-100ths acres strict measure after the usual allowance for highways.
"AND WHEREAS several other tracts of land to the southward of the said partition line so decreed by the said commissioners have been heretofore patented and hitherto and still are held and possessed by virtue of titles derived under the government of New York to wit, sundry tracts of land included in the following bounds, beginning at the aforesaid rock on the west side of Hudson's River in the latitude of 41 deg. and runs from thence southerly along the Hudson's River to the southeast corner of the land now in the possession of Mattys Bogert, and from thence westerly along the south side of the said Mattys Bogert's land and along the lines of the lands now in the possession of Isaac Westervelt and Garret Westervelt, to the Tiene Kill and then along the said Kill to the Dwars Kill, and from thence along the said Dwars Kill to Demarests Kill on Hackensack River, and from thence along the said river to the mouth of Pascack River and then along the said Pascack River till it comes to the lands of David Demarest whereon the said David Demarest's mill stands, and then westerly around his lands and including the same to the said Pascack River to the said partition line decreed as aforesaid, and then along the said partition line to the place of beginning; And another tract of land sold and conveyed by Benjamin Ask and Lancaster Symes to Thomas De Kay, containing 1320 acres, part of which lies to the northward of the said partition, and two other tracts of land sold and conveyed by Hendrick Vanderlinda to Frederick Ortendike, by deed bearing date the 30th of May, 1735, the one containing 285 acres and the other containing 180 acres, and another tract of land sold by Abraham Van Horn and Catherine his wife, to John Fasheur and Cornelius Haring, by deed bearing date the 22nd of May, 1752, containing 185 acres be the same more or less, And another tract of land sold and conveyed by Samuel Verbryck and Susannah his wife, to John Fasheur, by deed bearing date the 19th day of May, 1759, containing 265k acres good measure, part whereof lies to the northward of said partition line; And another tract of land sold and conveyed by Benjamin Van De Linde to William Haldron, by deed bearing date the 18th of December, 1760, containing 258 acres; And another tract of land being the remainder of the unsold lands of so much in Samuel Bayard's patent as is contained in a deed from Hlendrick Van De Linde to Roelof Van De Linde, Benjamin Van DeLinde, and Samuel Verbryck bearing date.the 30th of June, 1760; And another tract of land sold and conveyed by Robert Campbell to Andries Pieterson, by deed bearing date the 21st of August, 1762, containing 150 acres; And another tract of land sold and conveyed by Henry Van De Linde and Arientje his wife, to Abrahamn Post, by deed bearing date January 12th, 1760, containing 150 acres; And another tract of land sold and conveyed by Benjamin Van De Linde to Gerret Ackerson, and Gerret Haring,.by deed bearing date the 4th of May, 1759, containinlg 348 acres; And also a piece of land now in the possession of William Bayard, Esq., being part of a tract of land formerly granted by letters patent under the great Seal of the Province of New York, to Daniel Honan and Michael Hawden lying adjoining to the south side of the said partition line and bounded to the southeast by the land in possession of John Fasheur and to the southwest by the land of William Haldron; And Whereas it is conceived just and equitable that the present possessors of the said lands on each side of the said partition line who have not only purchased the same for a valuable consideration but many of them have laid out all their substance in the improvement thereof should be secured in the enjoyment of the fruits of their labor and industry. Be it therefore enacted by His Excellency the Governor, the Council and the General Assembly, and it is hereby enacted by the authority of the same that the said partition line so decreed by the said Commissioners is and shall forever hereafter remain and be the boundary and line of partition between this Colony and the Colony of New York.
"AND BE IT FURTHER ENACTED by the authority aforesaid that James Parker, John Stevens and Walter Rutherfurd, Esquires, or any two of them shall be,and hereby are appointed Commissioners to join with such as are appointed on the part of the Colony of New York to ascertain and mark the said partition line so that it may be sufficiently known and distinguished. And the said Commissioners are hereby directed and required to mark the before mentioned rock on the west side of Hudson's River marked by the surveyors in the latitude of 41 deg. with a straight line throughout its surface passing through the places marked by the surveyors and with the following words and figures to wit; Latitude 41 deg. North, and on the South side thereof the words New Jersey and on the north side thereof the words New York, and to mark every tree that may stand in the said line with five notches and a blaze on the northwest and southeast sides thereof' and to put up stone monuments at one mile distance from each other along the said line, and to number such monuments the number of miles the same shall be from, the before mentioned rock on the west side of Iudson's River, and mark the words New Jersey on the south side and the words New York on the north side of every of the said monuments; the one-half the expense whereof shall be paid by the Colony out of any moneys which may be in the treasury upon warrants to be issued by the Governor or Commander-in-Chief of this Colony for the time being, with the advice of Council, provided the whole expense to be paid by this Colony shall not exceed the sum of fifty pounds. And be it further enacted by the authority aforesaid, that the several patentees, vendees, possessors and claimants of all and every the said tracts of land to the southward of the said boundary or partition line which are now held and possessed in virtue of titles derived under the government of New York as above described, and their heirs and assigns shall severally hold and forever enjoy the property of all and any and every of the said tracts of land so as aforesaid respectively purchased and possessed as fully and in the same manner to all intents and purposes whatsoever as if the same had by virtue of this act been determined to be within the Colony of New York, without let, suit, disturbance or molestation of the general proprietors of New Jersey or any of them or any person or persons claiming or to claim by frbm or under the said general proprietors or any or either of them or by virtue of any title derived under the said government of New Jersey, Provided always And be it further enacted by the authority aforesaid that it shall and may be lawful to and for any persons claiming titles under the said government of New York to any of the aforesaid lands or tenements hereby intended to be secured to the purchasers and possessors under the said government of New York to the southward of the said Boundary or Partition line to commence, sue, prosecute and maintain any writ, suit or action for the recovery of their rights, this act being only designed to confirm the titles to such lands lying to the southward of the said Partition line as are in manner aforesaid actually held and possessed under the government of New York, against all claims under the general proprietors or Government of New Jersey but not to determine the particular rights of the claimants of such lands under the government of New York; Provided always that this act shall not be in force or take effect until His Majesty shall have given His Royal assent both to this act and a similar act passed by the Governor or Commander-in-Chief and the Council and the General Assembly of the Colony of New York the 16th day of February, in the 11th year of His Present Majesty's reign entitled An Act for establishing the Boundary or Partition line between the Colonies of New York and Nova Csesarea or New Jersey and confirming titles and possessions.
"Council Chamber, September 25, 1772.
This bill having been
three times read in
Council -- Resolved that the same do pass.
This
Bill having been three times
read in the House of Representatives,
Resolved that the same do pass.
By order of the House.
Cort'D Skinner,
Speaker.
"Council Chamber, September 26, 1772.
I assent to this Bill, Enacting
the same
and order it to be enrolled.
Wm. Franklin.
"Which act together with a representation from the Lords Commissioners for Trade and Plantations, thereupon having been referred to the Consideration of a Committee of the Lords of His Majesty's Most Honorable Privy Council for Plantation affairs, the said Lords of the Committee did this day report as their opinion to His Majesty that the said act was proper to be approved. His Majesty taking the same into consideration was pleased with the advice of His Privy Council to declare his approbation of the said act and pursuant to His Majesty's royal pleasure thereupon expressed, the'said act is hereby confirmed finally enacted and ratified accordingly --Whereof the Governor or Commander-in-Chief of His Majesty's said Colony of New Jersey for the time being, and all others whom it may concern are to take notice and govern themselves accordingly.
Stephen Cottrell."
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