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process.

civil process issued under the authority of the State of New York, TITLE 1. against any person domiciled in that state, or against property Civil taken out of that state to evade the laws thereof; may be served upon any of the said waters within the exclusive jurisdiction of the State of New Jersey, unless such person or property shall be on board a vessel aground upon, or fastened to the shore of the State of New Jersey, or fastened to a wharf adjoining thereto; or unless such persons shall be under arrest, or such property shall be under seizure, by virtue of process or authority of the State of New Jersey. ARTICLE EIGHTH. This agreement shall become binding on the Agreement two states when confirmed by the legislatures thereof respectively, binding. and when approved by the congress of the United States.

to become

Done in four parts (two of which are retained by the commissioners of Date of New York, to be delivered to the governor of that state, and the other two agreement. of which are retained by the commissioners of New Jersey, to be delivered to the governor of that state,) at the city of New York, this sixteenth day of September, in the year of our Lord one thousand eight hundred and thirty-three, and of the independence of the United States the fifty-eighth.

(Signed),

B. F. BUTLER,

PETER AUGUStus Jay,
HENRY SEYMour,

THEO. FRELINGHUYSEN,
JAMES PARKER,
LUCIUS Q. C. ELMER.

Is hereby ratified and confirmed on the part of the State of New York."

[The boundary line between the commonwealth of Massachusetts and the State of New York was changed, in the year 1855, by the acceptance, on the part of New York, of sovereignty and jurisdiction over a portion of the commonwealth of Massachusetts ceded to the State of New York in the year 1853, and the approval of Congress, January 3, 1855.

The acceptance by the State of New York is in chapter 586 of Laws of 1853, which is here inserted.]

tion

Boston

accepted.

S 1. Sovereignty and jurisdiction over that portion of the Jurisdieterritory of the commonwealth of Massachusetts, known as the over district of Boston corner, situate in the southwesterly corner of corecte the said commonwealth of Massachusetts, and westerly of the southwest line of the town of Mount Washington, in the county of Berkshire, ceded to the State of New York, upon certain conditions, by an act of the legislature of the said commonwealth, passed in May, 1853, entitled "An act relating to the separation of the district of Boston corner from this commonwealth, and the cession of the same to the State of New York," is hereby accepted by the State of New York: this section, however, is not to take Not to take effect until the congress of the United States shall consent to such approved cession and annexation. [1853, ch. 586, § 1.]

effect until

by Congress

clamation

Massachu

2. Until the proclamation, provided in the third section of the Until proact of the legislature of the said commonwealth, referred to in published, section one of this act, shall be issued, the courts of the said courts of commonwealth of Massachusetts shall have authority to take and serve hold effectual civil and criminal jurisdiction in any cause or matter pending, or which shall have arisen anterior to the issuing of the said proclamation. [Same ch., §2.]

jurisdiction.

appoint a

*S3. His excellency, the governor of this state, for the better Governor to defining the limits and extent of the territory mentioned in this surveyor. act, shall appoint a suitable person to act in conjunction with proper authorities of the commonwealth of Massachusetts, who shall cause an accurate survey and map to be made of the said Map and territory, and shall cause sufficient monuments to be erected in be filed in

survey to

TITLE 3. and along the eastern boundary line of said territory, and shall office of cause the said map and survey to be duly authenticated and filed in the office of the secretary of this state, as record evidence of the extent and limits of such cession. [Same ch., § 3.]

secretary of state.

Extent.

To be maintained.

Suits to be defended.

Intruders

on public lands.

[66] Duty of sheriff.

TITLE II.

Of the Sovereignty and Jurisdiction of the State.

SEC. 1. To what places they extend.

2. Duty of governor and subordinate officers to defend them.

3. Governor to employ counsel to defend suits concerning the sovereignty and jurisdiction of the state.

4. District attorney to report to governor persons intruding upon lands, under pretense of title inconsistent therewith.

5. Such persons to be removed by sheriff.

S1. The sovereignty and jurisdiction of this state extend to all the places within the boundaries thereof, as declared in the preceding title; but the extent of such jurisdiction over places that have been or may be ceded to the United States, shall be qualified by the terms of such cession.1

$2. It shall be the duty of the governor, and of all the subordinate officers of the state, to maintain and defend its sovereignty and jurisdiction.2

S3. If any suit shall be instituted against this state, or against any person deriving title therefrom, to recover any lands within this state, under pretense of any claim inconsistent with its sovereignty and jurisdiction, the governor, at the expense of this state, shall employ counsel and provide for the defense of such

suit.3

S4. If any person, under such pretense, shall intrude upon any of the waste or ungranted lands of this state, it shall be the duty of the district attorney of the county immediately to report the same to the governor, who shall thereupon, by a written order, direct the sheriff of the county to remove from said lands the person so intruding.

$5. The sheriff shall execute such order; and in case of resistance made or threatened, he may call to his aid the power of the county, as in cases of resistance to the writs of the people.5

TITLE III.

Of the Places Ceded to the United States.

8E0 1. Turtle hill, a tract at Montock point, Suffolk county; effect of the cession.

2. Tract of ten acres at Eaton's neck in the town of Huntington, Suffolk county; effect of the cession.

3. Bedlow's, Ellis' and Governor's islands, in and about the harbor of New York; effect of the cession.

4. Little and Great Gull islands in the county of Suffolk; effect of the cession.

5. Sand's point in the town of North Hempstead, Queens county; effect of the cession.

6. Tract at Bluff point on Staten island; effect of the cession.

7. Two tracts of land and water in the city of New York; effect of the cession.

8. Tract of land covered with water at Wallabout bay; effect of the cession.

9. Half of an acre in Buffalo, Erie county; effect of the cession.

10. Tract in Greenbush, Rensselaer county; effect of the cession.

11. Thirty acres of land under water at New Utrecht, Kings county; effect of the cession.
12. Tract of land in the village of Rome, Oneida county; effect of the cession.

13. Lots 61, 62, 63, 64, 65 and 66, at Rouse's Point, Clinton county; effect of the cession.
14. Tract of five acres at head of Galoo island in Lake Ontario; effect of the cession.

15. Island point, near Rouse's Point, on Lake Champlain; effect of the cession.

16. Tract of six acres at mouth of Oswego river, in Oswego river; effect of the cession.
17. Tract of three acres and one hundred and fifteen rods, at mouth of Genesee river, in the
town of Greece, county of Monroe; effect of the cession.

18. Tract in Sodus in the county of Wayne; effect of the cession.

19. Effect of the cession as to lands described in the five last sections.

12345 Founded on 1 R. L., 127; ib., 238, and Laws of 1819, p. 302.

SEC. 20. Tract of land at Oldfield, on Long Island sound, Suffolk county; effect of the cession.
21. Two tracts lying in New Utrecht in Kings county; effect of the cession.

22. Tract of land in Islip, Suffolk county; effect of the cession,

23. Tract of land in Haverstraw, Rockland county; effect of the cession.

24. Effect of the cession as to lands described in the four last sections.

25. Tract of land in Cornwall, Orange county; effect of the cession.

26. Tract at Tibbits' point in Lyme, Jefferson county.

27. Tract at the west end of Plumb island, Suffolk county.

28. Tract in the town of Westfield and county of Richmond.

29. Tract on Staten island.

30. Tract at Watervliet, Albany county.

31. Tract in Rye, Westchester.

32. Horse island, Jefferson county.

33. Proviso to the last two cessions.

34. Tract on island of North Brothers, Queens county.

35. Tract in Esopus, Ulster county.

36. Tract in Watervliet, Albany county.

37. Proviso to the last cession.

38. Proviso to the cession in § 35.

39. Manner of acquiring the title.
40. Tract in Brooklyn

41 & 42. Provisos to the last cession.

43. Tract on Staten island.

44. Tract at Esopus meadows, Ulster.

45. Proviso to the last cession.

46. Tract at Oswego.

47, 48 & 49. Provisos to the last cession.

50. Amendment of the last cession.

51. Tracts at Black Rock and Fort Niagara, Erie county.

52, 53 & 54. Provisos to the last cession.

55. Tract at Black Rock.

56. Proviso to the last cession.

57. Tract at Black Rock.

58. Tract at Black Rock.

59, 60 & 61. Manner of acquiring title, and provisos to the last cession.

62. Tracts in Buffalo, near the mouth of Genesee river, at Sackett's Harbor and islands in

the St. Lawrence.

63. Purpose of the cession.

64 & 65. Provisos to the last cession.

66 & 67. Manner of acquiring title.

68. Tract in Sackett's Harbor, Jefferson county.

69. Islands in the River St. Lawrence.

70, 71, 72, 73 & 74. Provisos to the last cession.

75. North Dumplin island.

76. Purpose of the cession.

77, 78, 79 & 80. Provisos to the last cession.

81. At Tarrytown point.

82. In Big Buffalo creek.

83. Lands in Buffalo and Black Rock for a seawall.

84 & 85. Provisos to the last cession.

$6. Part of Gardiner's island, town of East Hampton, Suffolk county.

87. Concurrent jurisdiction retained by the state in certain cases.

88. Lands in Brooklyn; and proviso.

89. Conditions.

90. Lands north of Flushing-avenue, between Clinton and Vanderbilt avenues, to be ceded
by United States to city of Brooklyn.

91. United States to retain jurisdiction as long as premises are used for the purpose which
jurisdiction is ceded.

92. Saving clause.

93. Lands for construction and maintenance of light-houses, &c.

94, 95 & 96. For what purposes; condition, &c.

97. Lands in city of Buffalo.

98, 99 & 100. Jurisdiction, &c.

101. Lands in city of Oswego.

102, 103 & 104. Jurisdiction, &c.

105. Land in the city of Buffalo.

106 & 107. Condition; taxes.

108. Map to be made.

109. Lands necessary for construction, &c., of light-houses, &c.

110. Light-houses.

111 & 112. Little island, &c.

113. Commissioners.

114. Appraisal.

115. Perfecting title.

116. Compensation.

117. Lands necessary for construction and maintenance of light-houses, &o.

118. Light-house.

119. Title, how purchased.

120. Proceedings to acquire title.

121. Appraisal.

122. Confirmation of title.

123. Compensation.

124. At Prymans hook.

125. At Calvers plat, Mulls plat and Poplar island.

126. In village and town of Plattsburgh.

127. For what purpose.

128 & 129. Jurisdiction, &c.

130 & 131. Land for light-house at Crown Point.

132 Title, how acquired.

133. Proceedings.

134, 135 & 136. Appraisers; confirmation; compensation.

137 & 138. In sixth ward of city of Brooklyn.

139. Condition.

TITLE 3.

TITLE 3. SEC. 140 & 141. Jurisdiction and exemption from taxes.

Montock point, in Suffolk county.

142 & 143. In village of Ogdensburgh, county of St. Lawrence.
144. Condition.

145 & 146. Jurisdiction and exemption from taxes.
147, 148 & 149. On Long island and Staten island.

150, 151 & 152. Conditions; taxes, &c.

153 & 154 In city of New York.

155. Conditions.

156 & 157. Jurisdiction and exemption from taxes.

1. The United States have jurisdiction over a tract of land at Montock point, in the county of Suffolk, known by the name of Turtle hill, and bounded as follows: "Beginning at the beach, and at a rock laying on a hommock, at the bottom of the said hill, and runs thence north eighty-two degrees west, eleven chains and fortyeight links; thence south five degrees west, five chains; thence south fifteen degrees east, nine chains, to a rock marked John Champlain, 1788; thence on the same course to low water mark; thence northeasterly along low water mark, until the point of beginning bears north, eighty-two degrees west; thence to the place of beginning;" such jurisdiction having been ceded for the erection of a light-house on said tract, by the act entitled "An act to cede the jurisdiction of certain lands on Montock point to the United States of America, for the purposes therein mentioned," passed December 18th, 1792. The jurisdiction so ceded does not [67] prevent the execution on said tract of any process, civil or criminal, under the authority of this state, except so far forth as such process may affect the real or personal property of the United States within the said tract; and the lands and tenements within said tract are forever exonerated from all taxes which may be laid under the authority of this state.'

In Huntingin county.

§ 2. The United States have also jurisdiction over a tract of ten ton, same acres at Eaton's neck, in the town of Huntington, in the county of Suffolk, such jurisdiction having been ceded for the erection of a light-house on said tract, by the act entitled "An act to cede the jurisdiction of certain lands in this state to the United States," passed April 6th, 1798. The said tract is described in a certificate of the president of the United States, bearing date the second day of July, one thousand seven hundred and ninety-eight, and filed in the office of the secretary of this state, pursuant to said act, as follows: "All that certain lot, piece or parcel of land, lying and being at the northern extremity of Eaton's neck, in the town of Huntington, in the county of Suffolk, beginning at the northernmost point thereof, upon the shore at high water, which is distant from a stone fixed in the ground and bears north twelve degrees west, two chains and twenty-four links; thence along the high water line of the shore south seventy-five degrees west, twelve chains and seventy-five links; thence south twelve degrees east, two chains forty-five links to a stone fixed in the ground; thence south twelve degrees east, two chains fifty-eight links; thence south thirty-six degrees east, two chains and seventy-links; thence south sixty-three degrees east, one chain eighty-two links; thence north seventy degrees east, ten chains seventeen links; thence north twelve degrees west, to the stone first mentioned five chains sixty-two links; thence north twelve degrees west, two chains and twenty

1 1 R. L., 186.

four links to the place of beginning, containing ten acres." Such TITLE 3. cession is not to be construed to prevent the execution of any process, civil or criminal, issuing under the authority of this state; and the lands so ceded are forever exonerated and discharged from any taxes to be laid under the authority of this state.1

bor of New

$3. The United States have also jurisdiction over three certain In the harislands in and about the harbor of New York, viz.: Bedlow's island York. and Ellis or Oyster island, bounded on all sides by the waters of the Hudson river, and Governor's island, bounded on all sides by the waters of the East river and Hudson river; such jurisdiction having been ceded by the act entitled "An act to cede to the United States the jurisdiction of certain islands situate in and about the harbor of New York," passed February 15, 1800. The jurisdiction so ceded does not prevent the execution on the said islands of any process, civil or criminal, issuing under the authority of this state. $4. The United States have also jurisdiction over Great Gull In the East island and Little Gull island, situated in the county of Suffolk, and bounded on all sides by the waters of the East river; such jurisdiction having been ceded for the erection of a light-house on one of the said islands, by the act entitled "An act to cede the jurisdiction of Great Gull island and Little Gull island to the United States of America, for the purpose therein mentioned," passed March 26, 1803. The jurisdiction so ceded does not prevent the execution on the said islands of any process, civil or criminal, under the authority of this state, except so far forth as such process may affect the real or personal property of the United States within the said islands.

river.

(68]

Watch

Queens

S5. The United States have also jurisdiction over a tract of five Sands or acres at Sands or Watch point, on Long island, situated in the point, in town of North Hempstead, and county of Queens, such jurisdic- county. tion having been ceded for the erection of a light-house on the said tract, by the act entitled "An act to cede the jurisdiction of certain land in this state to the United States," passed February 17, 1806, and the act entitled "An act to facilitate the purchase of lands for the erection of a light-house at North Hempstead," passed April 11, 1808. The said tract is bounded as follows: "Beginning on the easterly side of said point, at a place or point in the line of ordinary high water mark, being north fifty-six degrees east, from a large walnut or hickory tree, marked on three sides, standing upon the upland, and running thence (from the said point in high water mark) across the said point of land on a course south fifty-six degrees west, so as to pass about four feet southerly of a small marked buttonwood tree, standing on the bank, and passing through the centre of the said walnut or hickory tree marked on three sides, and through the centre of a high white oak tree marked on two sides, to ordinary high water mark on the westerly side of said point of land; and thence to the line of ordinary high water mark to and around the said point of land to the point or place of beginning, in the line of ordinary high water mark on the easterly side of said point of land, containing five acres of land, be the same more or less." The jurisdiction so ceded does not

11 R. L, 189, and documents in secretary's office. Ib. Ib., 190.

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