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and his Governor, Courts, and Officers, without prejudice to either proprietary, and until the boundaries shall be finally settled.

lower houses of assembly, of the province of Maryland, relating to a continuance of the said disorders; and also two petitions, the one in the name of John, Thomas; and Richard Pern, Esquires, proprietaries of V. That the respective proprietaries shall be at free the province of Pennsylvania, praying your Majesty's liberty to grant out on the common and usual terms, all further pleasure may be signified relating to your Majes- or any vacant lands within the said province of Pennsylty's afore-recited order in council of the eighteenth of vania and Maryland, in contest between the said propriAugust, 1737, and the other in the name of the agent etaries, (that is to say, within their own respective sides of the said province of Pennsylvania, complaining of of the said several limits, mentioned in the last foregoing fresh disorders committed by the inhabitants of Mary-paragraph.) For the which lands, and the profits of the land against those of Pennsylvania: Whereupon the same also, each proprietary shall account to the other, Lords of the Committee did, on the twenty third day of who may be adjudged to be the proprietary thereof, February last, proceed to take all the papers relating to upon the final determination of the boundaries between the complaints made by each of the said provinces, into the two provinces. consideration, and were attended by counsel on both sides, and likewise by the proprietaries of the said provinces; and the counsel desiring that some reasonable time might be allowed the proprietaries to confer toge ther in order to come to some agreement amongst themselves, that so the peace and tranquility of both provinces may be preserved, until such time as the boundaries can be finally settled. The Lords of the Committee thought proper to comply with such their request; and being this day again attended by all parties, the counsel acquainted the Committee, that the proprietaries of each province had accordingly met and agreed to the following propositions, viz.

VI. That all prisoners, on both sides, on account of being concerned in any riots or disturbances, relating to the bounds, or for any act or thing done thereat, or for any other act touching the right of either of the said provinces, in relation to their bounds, be forthwith released and discharged, on entering into their own respective recognizances, in a reasonable sum, to appear and submit to trial, when called upon by further order from his majesty.

VII. That this be declared to be a provisional and temporary order, to continue until the boundaries shall be finally settled, and declared to be without prejudice to either party.

I. That so much of the Majesty's order in council-of VIII. That his Majesty be most humbly moved to disthe eighteenth of August, 1737, as orders, That the gov-charge so much of the order of the eighteenth of Auernor's of the respective provinces of Maryland and gust 1737, as varies from this agreement; and that the Pennsylvania, for the time being, do not, upon pain of Several other petitions of complaint, now depending beincurring his Majesty's highest displeasure, permit or fore his Majesty in Council, relating to any disturbances, suffer any tumults, riots or other outrageous disorders, may be withdrawn by the respective petitioners. to be committed on the borders of their respective provinces, but that they do immediately put a stop thereto, and use their utmost endeavours to preserve peace and good order amongst all his Majesty's subjects under their government, inhabiting the said borders, do stand

in force and be observed.

II. That there being no riots that appear to have been committed within the three lower counties of New Castle, Kent & Sussex, upon Delaware, it is therefore not tho't necessary to continue the latter part of the said order in council, as to the said three lower counties, (but that the same former order in council, so far as relates to the said three Lower Counties) be discharged without prejudice to either of the proprietaries, as if the same had never been made.

III. That all other lands, in contest between the said proprietaries, now possessed by or under either of them, shall remain in the possession as they now are (although beyond the temporary limits hereafter mentioned) and also the jurisdiction of the respective proprietaries shall continue over such lands until the boundaries shall be finally settled; and that the tenants of either side, shall not attorn to the other; nor shall either of the proprie taries, or their officers, receive or accept of attornments from the tenants of the other proprietary.

To which propositions, the proprietaries of each province signified their consent before the committee, and declared their readiness to carry the same into execu tion, if your Majesty shall be pleased to approve thereof: And the committee considering that this agreement may be a proper expedient for restoring peace and tranquility between the said provinces, and for preventing any the like disturbances for the future, do therefore agree humbly to lay the same before your Majesty, for your royal approbation.

His Majesty this day took the said report into consideration, and, in order to preserve peace and tranquility between the said provinces, and to prevent any the like disturbances for the future, is pleased, with the advice of his Privy Council, to approve of the said agreement entered into between the proprietaries of the said respective provinces. And his Majesty is hereby pleas ed to order, that the proprietaries of the said respective provinces of Maryland and Pennsylvania, do cause the said agreement to be carried into execution, whereof the said proprietaries, and all others whom it may concern, are to take notice, and govern themselves accordingly. JA. VERNON.

REAL ESTATE OWNED BY THE CITY. Schedule of the Real Estate owned by the Corporation July 1st, 1828.

IV. That as to all vacant lands, in contest between the proprietaries, not lying within either of the Three Lower Counties, and not now possessed by or under A lot of ground on the north side of High street, and either of them, on the East side of the river Susque- west side of Schuylkill Front street, extending northhannah down so far south as fifteen miles and one quar-ward 306 feet to Filbert street, and about 740 feet westter of a mile south of the latitude of the most southern ward to low water mark at the river Schuylkill, includ part of the city of Philadelphia, and on the west side of ing Ashton street. On this lot there are two small the said river Susquehanna, down so far south as four-frame buildings of little value.

teen miles and three quarters of a mile south of the lati- A lot of ground on the north side of Chestnut street, tude of the most southern part of the city of Philadel- and west side of Schuylkil Front street, extending phia, the temporary jurisdiction over the same is agreed northward 379 feet, and about 900 feet westward to be exercised by the proprietaries of Pennsylvania, to low water mark at the river Schuylkill, includand their Governor, Courts, and Officers. And as to ing Ashton street. On this lot are erected the western such vacant lands in contest between the proprietaries, engine house, basin, &c. and not now possessed by or under either of them, on both sides of the river Susquehanna, south of the respective southern limits in this paragraph before menioned; the temporary jurisdiction over the same is tgreed to be exercised by the proprietary of Maryland,

A lot of ground at the south-west corner of Schuylkill Second street and Ash alley, in the square between High and Chestnut streets, 130 feet in breadth on Se cond street, extending westward 180 feet, to Aspen alley. No building on this lot.

Two lots of ground on the east side of Schuylkill Front street: the first, at the distance of 25 feet 6 inches north of Chestnut street, is in breadth 44 6-12 feet, and in length, eastward, 180 feet, to Aspen alley; the second, at the distance of 60 feet north of Chestnut street, is in breadth 83 7-12 feet, and in length, eastward, 180 feet, to Aspen alley. No buildings on either of these lots.

feet, to a corner of ground belonging to Jones and others, and thence southwardly, along said ground, about 90 feet, to the place of beginning.

N. B. Besides the foregoing, there are vested in the Corporation, to be used as burial ground for strangers, two lots of ground on the west side of Schuylkill Second street, extending westward to Schuylkill Front street; one of them adjoining the south side of Vine street, in breadth, southward, 102 feet, the other at the distance of 204 feet south of Vine street, in breadth, southward, 112 feet. No buildings on either of these lots.

Two lots of ground on the south side of Lombard street, each of them 78 feet in length, southward; one of them extending from Ninth to Tenth street, and the other from Tenth to Eleventh street. These lots were originally granted by the Legislature as burial places for strangers; the westernmost lot has been used as such, and the easternmost is, by an act of the Legislature, ab. Report to the City Councils on the title of the city to the solutely vested in the corporation, freed from that use: a portion has been let on ground rent, for ever.

A lot of ground on the north side of High street continued west of Schuylkill, in length, westward, 1,540 feet from low water mark at the river Schuylkill, and in breadth, at the east end, 510 feet, and continuing that breadth about 500 feet, and then about 430 feet in breadth for the remainder of its length; containing in the whole about 15 acres. On this ground is a stone house, occupied as a tavern, several other dwelling houses, shops, &c. all under lease, from the corporation, for a term of years.

A lot of ground on the west side of Delaware Front street, in breadth, 102 feet, from Dock to Spruce street, in length, on Spruce street, 277 6-12 feet, and on Dock street, 222 9-12 feet, to Little Dock street. This lot is unimproved.

A lot of ground at the north-east corner of Delaware Front and Dock streets, 100 feet in front north and south, and of that breadth about 293 feet to the end of the wharf, including Water street. A part of this lot is leased to Snyder and Kern, on which they have erected a three storied brick store.

A lot of ground on the south side of Cherry strect, between Ninth and Tenth streets, 40 feet front, by 144 feet in depth. On this lot are erected the office and work-shops for the use of the City Water Works.

The State House square, 510 feet in length, from Chestnut to Walnut street, and 397 6-12 feet in breadth, from Delaware Fifth to Sixth street; together with the State House, and City Hall at the south-west corner of Chestnut and Fifth streets, and the lots on which they are erected.

A lot of ground situate in Penn Township, and adjoining the Vineyard town plat, containing two acres, appropriated for a public burial ground, in lieu of the lot on Lombard street, from Ninth to Tenth street.

Five public squares, viz. Washington, Franklin, North-west, South-west, and Centre.

The public landings on the Schuylkill and Delaware rivers, and the house at the Drawbridge, commonly called the "Fish House," under lease from the Corporation to S. Dewees.

A lot of ground on the east side of Schuylkill Sixth street, between High and Chestnut streets, containing | in front or breadth, on said Sixth street, 40 feet, and extending in length or depth, eastward, 198 feet. On this lot the city stables are erected.

STATE HOUSE YARD.

State House Yard.

Agreeably to the resolution of councils, of the 10th of June, and the appointment of the presidents, of the 30th of July last, in pursuance thereof, I proceeded to Harrisburg, and there, in the office of the Secretary of the Commonwealth, examined the documents of title, relating to the state house yard, and the ground on which the adjoining buildings are erected. There are many deeds, in possession of the state, relating to the ground, but most of them are mesne conveyances, from various purchasers, during a period of eighty years and upwards, between the original patentees of the proprietor, and the trustees appointed by law to receive the legal title on the part of the province, and in no way material to the question, as it respects the interests of the city. By an examination of the documents, it appears, that the square of ground between Chestnut and Walnut, and Fifth and Sixth streets, with the exception of perhaps two lots on Walnut street, was originally granted by the proprietor, at different times, and to different purchasers, in a number of small lots, according to the plan thereof, No. I, herewith exhibited. Prior to the 21st February, 1735-6, a part of the ground designated by the letters WA and AH, in the plan, No. III, passed from the patentees through many owners, and was conveyed to William Allen and Andrew Hamilton, who, in the act of assembly of that date, (Prov. laws, p. 189) are stated to have purchased the same by directions of the legislature."-From the recital in this act it appears, that before this time, the state house and other buildings had been erected. Other lots designated by the letters E and F, in the plan No. III, are included in the description of the ground as given by the act, the one, marked with the letter E, being a part of a large lot on Walnut street, was not conveyed to the trustees until the year 1742, and for the other marked with the letter F, being also part of a large lot on Walnut street, there was no conveyance until the year 1762. The act also contains two other lots, No. 9 and 10, the former not conveyed to the trustees, until several months, and the latter not until two years after the passing of the law, which recites that the whole had been previously purchased. In the act of assembly referred to, there is an express proviso and declaration, "that it was the true intent and meaning thereof, that no part of the ground lying to the southward of the state house, as it is now built, be converted into or made use of for erecting any sort of buildings thereupon, but that the same should be and remain a public open green and walks forever.”

The Estate at "Fair Mount," on which are erected the Engine house and other works for supplying the On the 21st December, 1742, another lot marked city with water. This estate, embracing the late pur- No. 11, in the plan No. II, was purchased by William chase, contains in front, on Callowhill street, 450 feet, to Allen, for the use of the province, as the act of assembly the Bridge Company's ground, thence north, along the of the 17th February 1762, recites. All the ground line of said ground, 82 feet, to Morris street, thence which at the period of this last law, had been purchased, westwardly, about 300 feet, to the river Schuylkill, was the front on Chestnut street, and this lot on Walnut thence along the Schuylkill, northwardly, about 890 street, the whole with the buildings erected thereon, feet, to Francis street, thence eastwardly, along Francis with the exception of the two corner lots on which the street, 1216 feet, to the north-west corner of Moliere's court houses now stand, was by this act settled upon lot, on John and Francis street, then commencing at the and vested in trustees, for the use of the legislature of south-east corner of Moliere and John street, and running the province, and to and for such other uses, intents, along John street, 961 feet, to the south-east corner of and purposes, as they at any time should direct, with John and Biddle streets, thence along Biddle street, 400 | the following restriction and limitation, viz. "Provided

always nevertheless, and it is hereby declared to be the true intent and meaning hereof, that no part of the said ground lying to the southward of the state house, within the wall as it is now built, shall be used for erecting any sort of building thereon, but that the same shall be and remain a public walk and green forever." This act also repeals the act of 1735-6.

On the 14th May, 1762, an appropriation was made by the legislature to enable the trustees to purchase other lots, to be vested in the trustees for the same purposes, and subject to the same uses for which the state house and its appurtenances was, by the act of 17th Feb. in the same year, appointed and declared, and to and for no other use, intent or purposes whatsoever.

By subsequent purchases the square, (with the exception of the two lots on Walnut street, Nos. 18 and 19, in the plan No. II, for which no deeds can be found) was completed and all the lots conveyed to trustees in whom the legal title remained vested, until the 28th February 1780, when the whole was, by the act of assembly of that date, (vol. I. p. 484) with other property, viz. the court house, gaols, &c. and the ground on which they were erected, of the several counties vested in the commonwealth, discharged and exempted from and against all claim of the trustees or their heirs, subject, however, to the several uses, intents, trusts, dispositions, and directions for which the same had been, before, respectively appointed and limited, and to and for none other, saving and always reserving to every person or persons, bodies politic and corporate, his and their heirs and successors, other than the trustees, all such estate, right, title, and interest of, in, to and out of the premises, vested in trust, as they or any of them might have had or enjoyed, in case this act had not been passed. The act of 1762 was then repealed.

I have procured official copies of all the conveyances, or other documents, which I considered important, and authorized by the resolution of councils, for their information they are transmitted herewith.

Deed, 15th October 1730, Book F, vol V, p. 266. Levin Hill

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A committee report that £550 purchase money for the ground on which the house stands had been expended. Deed Poll, 10th November, 1733.

William Allen acknowledges the receipt of £500, and to have sold to the province of Pennsylvania the lots and the ground rents purchased from Hill, on the 15th October, 1730, (ante) to be conveyed by him (Allen) to such uses as the province should direct and appoint. Act of Assembly, Prov. Laws, p. 189. 21st Feb. 1735-6.

Reciting that Andrew Hamilton and William Allen had purchased, by direction of the legislature,divers lots of land on the south side of Chestnut street, desig nated in the plan No. III, by the letters WA and AH, E and F, and No. 9, 10, and that a state house and other buildings had been erected, at the charge of the province, but that the estate, &c. remained in Andrew Hamilton and William Allen, and that the buildings and lots might be effectually secured to the use of the province, it was thought necessary to vest the estate in trustees for the use, intents, and purposes therein after specified; Andrew Hamilton and William Allen were desired to convey and assure to John Kinsey, Joseph

For three lots of ground and four rent Kirkbride, Caleb Copeland and Thomas Edwards, the charges.

One Lot, (No. 1, plan No. II.)

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Matthew Dowlin

to

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For a messuage or tenement and the lot No. 5, subject to a rent charge of £4 2s. 6d. being one Andrew Hamilton. of the rent charges conveyed by J Hill to Allen. (ante)

Minutes of the Legislature, vol. 3, p. 180. 11th Aug. 1732. “Resolved, That Andrew Hamilton and others pay to William Allen the purchase money for the ground he bought of Levin Hill, upon the said William Allen's making a declaration under his hand and seal in writing, that he will at any time hereafter, on payment of such reasonable costs in law as may thereupon arise, convey the said ground to such persons and such uses as shall be directed by the legislature for the time being or such counsel learned in the law as they shall think fit for that service "

lands, tenements, &c. aforesaid, to have and to hold the
same to the uses, intents, and purposes following, and
to no other use whatsoever, viz. to and for the use of
the representatives of the freemen of the province,
which now are, and from time to time hereafter shall be
duly elected by the freemen aforesaid, and to and for
such other uses, intents, and purposes, as they, the said
representatives, at any time or times thereafter, in gene-
"Provided
ral assembly met, shall direct and appoint.
always, and it is hereby declared to be the true intent and
meaning of these presents, that no part of the said ground,
lying to the south of the state house as it is now built, be
converted into or made use of for erecting any sort of build
ings thereupon, but that the said ground shall be inclosed,
and remain a public green and walk forever,"
Deed, 18th September, 1736.

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Deed, 21st December, 1742.

Anthony Morris

to

William Allen.

For the lot No. 11.

From the preceding documents it appears that of the lots described in the act of assembly of 1735-6, those which are designated by the letters WA and AH in plan No. III. were originally purchased by, and conveyed to Andrew Hamilton and William Allen, in their own rights, but the preamble of the act declares, that the purchases were made by direction of the legislature. Those marked E. and F. are not included in any of the preceding deeds. The lots No. 9 and 10 were not conveyed to the trustees until after the passing of the law, and therefore could not be included within its provisions, unless purchased or agreed for before. No conveyances were made during the life time of Andrew Hamilton, pursuant to the direction of this law, but by his will he authorized his son James, and William Allen to convey to the trustees, appointed by the act of 1735, the lots, &c. which had been agreed for by him, for the use of the province.

Deed, 2d July, 1760, Book H: vol. 10, p. 635. William Allen

to

For the lot No 11.

Isaac Norris, Thos. Leach, Jos. Fox.
To have and to hold, &c. to such and the same use,
intent and purposes, as are mentioned or intended, in
and by the act of assembly of 27th Feb. 1735-6.

Fox.

to

Deed, 16th Sept. 1761, Book H. vol. 15, p. 29, &c.
William Allen
For the lots, No.
1, 2, 3, and the
Isaac Norris, Thomas Leach, Joseph ground rents pay-
able by Paglar,
Dowlin, Davis and
Morris. (ante.)
Reciting the act of 21st February, 1735-6, "in which
there is a proviso to the effect "following," for the ma-
king conveyances of the lands, &c. to such uses as the
legislature should at any time direct and appoint. The
assembly then sitting considering that most of the trus-
tees were dead, and that others were absent, and infirm,
directed the said Isaac Norris the speaker, Thomas
Leach and Joseph Fox two of their members, to be
trustees of the lots, &c. intended to be granted pursu-
ant to the act of 1735-6, and the condition thereof, "To
have and to hold, &c. the said lots and rent charges in
trust, and to such and the same use or uses, intents and
purposes, as they are mentioned and intended in and by
the said act, and to and for no other use, intent or pur-
pose whatsoever."

Deed, 17th Sept. 1761, Book H. vol. 15, p. 112.
James Hamilton, William Allen
For the lots No.
4, 5, 6, 7, 8, 9,

to

Isaac Norris, Thomas Leach, and 10. Joseph Fox.

the act of 31 Feb. 1735-6, the death of the trustees na-
med in that act, before the deed executed; and that the
premises with the exception of the two corner lots, on
which the court houses are erected, might be effectually
secured to the use of the province, and the legal estate
vested in trustees, for the uses and purposes therein af-
ter mentioned, &c: it was enacted that the state house,
buildings and lot of ground purchased before that time,
(except the two corner lots before mentioned) and all
the immunities, improvements, appurtenances, and the
estate, interest, &c. of Andrew Hamilton in his life time,
and his heirs since his death, and of William Allen,
should be thenceforth vested in Isaac Norris, Thomas
Leach, Joseph Fox, Samuel Rhoads, Joseph Galloway,
John Baynton and Edward Pennington, freed and dis-
charged from the uses, intents and purposes, mentioned
and contained in the before recited act of assembly, and
from all claim and demands of the former trustees-But
nevertheless, upon the trusts, and to and for the ends,
intents and purposes, and subject to the following uses,
viz. for the use of the legislature, and to and for such
other uses, intents and purposes as they at any time af-
ter should direct and appoint.
Provided "always, and it is hereby declared to be the
true intent and meaning hereof, that no part of said
ground, lying to the southward of the state house, with-
in the wall as it is now built, be made use of for erecting
any sort of buildings thereon, but that the same shall
be and remain a public green and walk forever." The
trustees to suffer actions to be brought in their names
and to execute deeds, &c. for the premises "to the uses
aforesaid," in such a manner as the legislature should di-
rect, &c. This act then repeals that of 1735-6.

The 3d section recites, that the two lots one at the corner of Fifth, the other on Sixth street had been pur chased by Andrew Hamilton, with the intent that they should be conveyed to the trustees, for the use of the city and county, respectively, and that they might be settled accordingly, the trustees were directed on payment of the sum of 50%. for each lot, (being as the minutes of the assembly recite at the same rate or price for which the whole of the ground had been purchased,) to convey the said lots to the city and county, with no other restriction than that the buildings should be of like outward form of structure and dimensions, On the 18th of July 1764, the trustees executed deeds to the city and county respectively, who paid the consideration required of them.

From the preceding documents it is evident that the lots purchased prior to the 17th Sept. 1762, were conveyed to the trustees on the part of the province, for the uses and purposes particularly specified in the act of 21 Feb. 1735-6, in which there is an express provision that no part of the ground shall be made use of for erecting any kind of buildings but that the same should remain a public green and walk forever, which restriction extends to all the ground described in that act.There is therefore, not only a solemn legislative decla ration, made in the years 1735 and 1762 of the uses for which the whole ground was to be appropriated, but also as to the greater part of it, the acceptance of con

Reciting the act of assembly of the 21 Feb. 1735-6, "in which there is a proviso to the effect following," viz. for the making conveyances of the lands and tenements, to such uses as the legis'ature should at any time or times appoint and direct. The assembly then sitting, consi-veyances subjecting it expressly to the same uses. dering that most of the trustees were dead, that others were absent and infirm, directed the said Isaac Norris, the speaker, Thomas Leach, and Joseph Fox, two of their members, pursuant to the act of 1735-6 and the condition thereof, and the survivor of them, to be trustees of the lots intended to be granted "to have and to hold the lots, &c. in trust, and to such and the same use or uses, intents and purposes, as are mentioned and intended, in and by the said act, and to and for no other use, intent or purpose whatsoever."

Act of Assembly, 17th February, 1762, vol. 1, p. 242. Reciting that Andrew Hamilton and William Allen, by directions of the legislature, had purchased the lots described in the act of 1735-6, that William Allen had since purchased lot No. 11, the erection of the buildings,

Act of Assembly, 14th May, 1762, vol. 1. p. 254. Reciting, that whereas it was thought necessary for public convenience to purchase certain lots of ground adjoining that on which the state house is erected, for the same uses intents and purposes to which the house and its appurtenances was before appropriated; therefore the trustees of the loan office were directed to retain out of the monies, by a previous act directed to be burnt, sunk and destroyed, the sum of 500C7. subject to the orders of the trustees of the state house, which sum or so much thereof as should be necessary, they were directed to apply towards the purchasing of all or any of the lots between Chesnut and Walnut and Fifth and Sixth streets, for the uses following viz. That the same

should be vested in the trustees for the same purposes and subject to the same uses for which the state house and its appurtenances was by the act of the 17th Feb. 1762, appropriated and for no other uses intents and purposes whatsoever.

Deed, 10th July, 1762, Book H. vol. 16, p. 111, &c. Thomas Gordon and Wife

to

For the lot No.12,

Isaac Norris and others, Trustees na

med in the acts of 1762.

Deed, 10th Sept. 1762, Book H. vol. 16, p. 374.

Robert Tempest and Wife

to

For the lot No. 13.

Isaac Norris and others, Trustees,&c.]

Deed, 13th Oct. 1762, Book I. vol. 6. p. 173.

Joseph Shippen, Junior

to

For the lot No.14.

Isaac Norris & others, Trustees, &c.
Deed 26th May, 1767, Book I, vol. 6, p. 179.

John Chappel

to

Isaac Norris & others, Trustees, &c.

would add to the improvement of the public walks if the south wall was also lowered, then authorizing the councils at the expense of the city to remove the south wall also, with a proviso that nothing contained in the act should be taken to impair the title of the commonwealth to the state house, and the lot appertaining thereto.

In consequence of the power derived from these acts, the corporation have expended a very considerable sum of money on "the improvement, and in the embellishment of the public walks.”

From the documents referred to, it results that the lots, No. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 & 11, in the plan No. II, were conveyed to the trustees appointed by the legislature in the year 1761, in trust for the uses, declared by the act of 1735-6, which contains a proviso "that no part of the ground lying to the southward of the state house should be converted into, or made use of for erecting buildings, but that the same should be an open public green and walk forever." The same trust with a similar restriction is again repeated and declared in the two acts of 1762. The lots, No. 12, 13, 14, 15, 16 & 17, were purFor the lot No 15. chased agreeably to the directions of the act of 14th of May 1762, and were conveyed to the trustees for the uses declared by the act of 17 Feb. in the same year, and for no other use whatsoever. For the lots No. 18 For the lot No 16. and 19 no conveyance can be found at present, they are however included in the description of the ground, as given in the act of 1780, which again recognizes, repeats, and declares the uses, trusts, dispositions and diFor the lot No 17. rections for which the whole lot had been at different periods of time appointed and limited by previous acts, and the conveyances made in pursuance thereof. All of which is respectfully submitted.

Deed, 6th Feb. 1769, Book 1, vol. 6, p. 203. David Erwin and Wife

to

Joseph Fox & others, Trustees, &c.,

Deed, 6th Feb. 1769, Book I, vol. 6, p. 207. Charles Townsend and Wife

to

Joseph Fox & others, Trustees, &c.,

All the deeds subsequent to the act of 14th May, 1762, contain a recital that the purchases were respectively made pursuant to the direction thereof, and the conveyances are in "trust for the uses intents and purposes declared in the act of 17 Feb. 1762. "and to and for no other use intent and purpose whatsoever.”

Act of Assembly, 28th Feb. 1780, vol. 1, p. 485. Reciting, that on account of the difficulty of securing the real estate of the late province, then state of Pennsylvania, the same was vested in trustees, that some of the trustees were dead and it might be difficult to ascertain the person to whom the estate had descended if suits should be necessary for the conservation thereof. It was enacted that the state house, together with the adjoining lot, bounded by Chesnut, Fifth, Walnut and Sixth streets, and the court houses, gaols, &c. together with the lots of lands whereon they are erected, or which are appurtenant to them of the several counties as they were then vested in trustees, should be vested in the commonwealth, discharged and exempted from all claims and demands of the trustees, and of their heirs, subject however, to the several uses, trusts, disposition and direction for which the same had been before appointed and limited, and to none other, saving and always reserving to every person and persons, bodies politic and corporate, &c. other than the trustees, all such estate, right, title, and interest to the premises which before the passing of the act might have had.

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NORTH-EAST SQUARE. Information relative to the title of the Corporation to the North-East Public Square, reported by the Recorder, in pursuance of a resolution of the thirteenth of April, 1797.

No. 1. A plan of the city of Philadelphia.

No. 2. A small book called "An explanation of the map of the city and suburbs of Philadelphia,” published by John Reid, pages, (No. 10, 11, and 13,) 1774.

Sixteenth of August, 1683.-In a letter from the proprietor, (William Penn,) to the free society of Traders, he says, "I say little of the town itself, because a platform will be shown you by my agent, in which, those who are purchasers of me will find their names and interests."

No. 3.-Thomas Holme's description of the city of Philadelphia. "The model of the city appears by a small draught thereof now made, and because there is not room to express the purchasers' names in the draught, I have therefore drawn directions of reference by way of numbers, whereby may be known each man's lot and place in the city."

Act of Assembly, 30th Sept. 1791, Dallas's ed. "The city, as the model shows, consists of a large Reciting, that it would contribute to the embellish-Front street to each river, and a High street near the ment of the public walks in the State House garden, and and a Broad street in the middle of the city from side to middle, from river to river, of one hundred feet broad, conduce to the health of the citizens by admitting a freer circulation of air, if the east and west walls were side, of the like breadth. In the center of the city is a lowered and palisadoes placed thereon. Therefore, be square of ten acres, at each angle to build houses for it enacted, &c. that the corporation, at the expense of public affairs, there is also in each quarter of the city a the citizens, shall have power to take down the wall on square of eight acres to be for the like uses as Moor-fields the east and west side, within three feet of the pave-in London, and eight streets besides the said High ment, and to erect thereon palisadoes of iron, fixed on a stone capping, to be placed on the wall.

Act of Assembly, 10th March, 1812. Reciting, that the corporation of the city in pursuance of the authority given by the act of the 30th Sept. 1791, had lowered the walls on the east and west sides of the state house yard, and placed palisadoes thereon, that it

street, that run from river to river or front to front.

There is a copy of a return of survey for a lot in the city, signed by Thomas Holmes, Surveyor-General, twenty-fifth, Fourth month, 1684-it should be remembered, that the editor of this book does not inform where the original letters above referred to may be seen.

(See page 234.)

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