mined, and the line joining the two points was traced through; but the report upon them is said not to have been signed by the New York commissioners.

From this time onwards no progress was made in settling the questions in controversy, until 1764, when the following act was passed.*

“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

* Laws of New Jersey, 1761-Allinson, chap. 396, p. 263.

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 from 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 deter. mined.

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; any 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-inChief 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. Laws, 1764, Allinson p. 265, chap. 397.

An Act for subjecting the estates of the general proprietors of the Eastern Division of this colony to the indemnification of this Province from any expense in running the line between New Jersey and New York.

Whereas by an act of the General Assembly of the Province of New Jersey passed in the 4th year of His present Majesty King George Third, 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, wherein among other things it is enacted 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 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 majority of them, or the major part of the survivors of them are thereby 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 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 thereof which sums of money shall from time to time upon application of the said agents or the major part of them, as occasion shall require, be drawn out of said treasury by the warrant or warrants of His Excellency the Governor, or Commander-in-Chief of the colony for the time being; but the Legislature having received assurances from the general proprietors of the Eastern Division, that the Province should be indemnified of all demands for the purposes aforesaid:

SEC. 1. Be it therefore enacted, by the Governor, Council and General Assembly, and it is hereby enacted by the authority of the same that all and singular, the lands, tenements, hereditaments and other estates of the said John Stevens, James Parker, Henry Cuyler Junior, William Donaldson, and Walter Rutherford Esquires, and all others who are general proprietors of the Eastern Division of New Jersey and of each and every of them, jointly and severally, and be subjected and made liable to indemnify and save harmless this colony of New Jersey of and from any money being demanded or drawn out of the treasury of this Province by virtue of any power granted in the before recited Act of General Assembly.

Passed February 23d, 1764.