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George H. Cook,
STATE GEOLOGIST.
Edited by GET NJ
Copyright 2003
From this time onwards no progress was made in settling the
questions in controversy, until 1764, when the following act (Laws of New
Jersey, 176 1-Alliuson, chap. 396, p. 263.)
"An Act for submitting the property of lands which are held or claimed by
any of His Majesty's subjects as lying within this colony and are affected
by the controversy about the boundary or partition line between this
colony and the colony of New York, to such a method of decision as His
Most Gracious Majesty shall think proper by His Royal commission or
otherwise, to appoint.
"Whereas, the Boundary or Partition line between
this colony and the neighboring colony of New York, has not hitherto been
duly ascertained, and by reason of the unsettled state of the limits of
the two colonies, not only the extent of their respective jurisdictions
remain uncertain, and the due and regular administration of government in
both colonies is by that means greatly impeded; but also frequent and
dangerous riots have been occasioned and are still likely to arrive
between the borderers, as well concerning the extent of the respective
jurisdictions as the property of the soil, to the great disturbance of the
public peace, and the manifest discouragement of His Majesty's good
subjects in the settlement and improvement of that part of the country;
and whereas the Governor, the Council and the General Assembly of the
Province of New York, did at their session held A. D., 1762, pass a law
entitled an "Act for submitting the property of lands which are held or
claimed by any of His Majesty's subjects as lying within this colony and
are affected by the controversy about the boundary or partition line
between this colony and the colony of New Jersey to such a method of
decision as His Most Gracious Majesty shall think proper by His Royal
commission or otherwise to appoint, and for defraying the expenses to accrue on the part of this colony on the final settlement
of the said line;" wherein full and adequate provisions are made on the
part of that Province for the purpose of settling and adjusting the said
partition line and putting an end to a controversy dangerous to the peace
of both colonies; and whereas the property of all the lands within this
colony are held or claimed by some or other of His Majesty's subjects, in
consequence of divers grants, and mesne conveyances fiom and under His
Royal Highness James, Duke of York, (afterwards King James the second) the
original proprietor thereof. To the intent therefore, that the salutary
work so well begun on the part of the colony of New York, might have a
happy issue, the legislature of this colony did, at their session in June
last, pass a law entitled "an Act for submitting the property of lands
which are held or claimed by any of His Majesty's subjects as lying within
this colony and are affected by the controversy about the boundary or
partition line between this colony and the colony of New York, to such a
method of decision as His Most Gracious Majesty shall think proper, by His
royal commission, or otherwise to appoint; but there arising some
difficulties at the Plantation office about one of the agents therein
appointed, and another of them being since deceased, it is thought most
expedient to annul the said law, and by a new one to appoint other agents;
which said law and every part thereof is hereby declared null and void to
all intents and purposes: but that the said controversy, as far as it
concerns the lands held and claimed by any of His Majesty's subjects as
lying and being within this colony, may, together with the boundary or
partition line between the two colonies, be finally settled and determined.
Sec. 1. Be it enacted, by the Governor, Council and General
Assembly, and it is hereby enacted by the authority of the same, that all
and singular the messuages, lands, tenements, and hereditaments, and all
right, title, interest and property, in and to the same which are held or
claimed by any of His Majesty's subjects, as lying and being within this
colony, and are, can, shall or may be in anywise affected by the said
controversy concerning the boundary or partition line, between this colony
and the colony of New York, are hereby fully and absolutely to all
intents, constructions and purposes in the law whatsoever, submitted and
made subject to the same method of decision as His Most Gracious Majesty
shall think proper by His Royal Commission or otherwise to institute and
appoint for the final settlement and determination of the boundary or
partition line between the said two colonies; and all and every
determination and determinations, to be made by any persons whatsoever by
authority derived from His Most Gracious Majesty, by His Royal Commission
or otherwise that shall in anywise concern the said line, or the
controversy that has heretofore subsisted relating to the same, and
whereby the right, title, interest and property, of the said messuages,
lands, tenements, and hereditaments so held and claimed as aforesaid, as
lying and being within this colony, or any part or parcel thereof, shall
be intended to be bound and determined shall fully, completely and
absolutely bind and forever determine the right, title, interest, and
property of the said messuages, lands, tenements, and hereditaments to all
interests, constructions and purposes in the law whatsoever; apy law,.
usage, or custom to the contrary thereof in anywise notwithstanding.
Sec. 2. And to the end that sufficient provision may be made on the part of
this colony, for the payment of the one equal half part of the joint
expense to accrue on the final settlement of the said controversy and the
boundary line between the said colonies; and also for paying of the
particular expenses that shall or may accrue on the part of this colony in
prosecuting the said controversy to a final settlement. Be it enacted by
the authority aforesaid that John Stevens, James Parker, Henry Cuyler
Junior, William Donaldson and Walter Rutherford Esquires, or the majority
of them, or the majority of the survivors of them, are
hereby nominated and appointed agents, to manage the said controversy
on the part and behalf of this colony; and also that the said agents or
the major part of them, and the major part of the survivors of them, shall
and- are hereby authorized to pay, lay out, and expend from time to time,
from and out of the public moneys in the treasury of this colony, all such
sum and sums of money as shall from time to time be necessary to defray as
well the one-half of the said joint expense, as the particular expenses
aforesaid; which sum and sums of money shall from time to time, on
application of the said agents, or the major part of them, or the major
part of the survivors of them, as occasion shall require, be drawn out of
the said treasury by warrant or warrants of His said Excellency, or the
Commander-in-Chief of this colony for the time being by and with the advice
of His Majesty's Council in favor of the said agents, or the major part of
them or the major part of the survivors of them, and also that the said
agents and the survivors of them shall from time to time, account from
time to time upon oath for and concerning the execution of the trust
hereby reposed in them to His said Excellency or the Commander-in-Chief
for the time being, His Majesty's Council or the General Assembly of this
colony when by them, or any of them, they shall be thereunto required.
Passed Feb. 23d, 1764. N. J.
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