Preamble.

sioners to run out Massachusetts

line; two

to act.

continuance in the said office of treasurer, well faithfully and honestly execute and perform the said office; which bond when so taken shall be lodged in the secretary's office of this State,

CHAP. 2.

AN ACT to amend an act entitled "An act to appoint commissioners to complete the running of a jurisdiction line between this State and the State or Commonwealth of Massachusetts, passed the 17th day of March 1783."

PASSED the 11th of November, 1784. WHEREAS by the act entitled "An act to appoint commissioners to Commis complete the running of a jurisdiction line between this State and the State or Commonwealth of Massachusetts, only three persons, to wit, the Honorable Robert Yates and Philip Schuyler Esquires, and Gerard boundary Bancker Esquire are declared commissioners on the part of this State, who, or any two of whom shall have full power and are thereby authorized to meet with commissioners who are or may be lawfully authorized and appointed by the said State or Commonwealth of Massachusetts, and in conjunction with such commissioners, to be appointed on the part and behalf of the said State or Commonwealth of Massachusetts, to run out and mark the said jurisdiction line according to the true intent and meaning of certain articles made and entered into on the eighteenth day of May in the year one thousand seven hundred and seventy three between the commissioners appointed by an act of the Legislature of the late Colony of New York and commissioners appointed by an act of the Legislature of the late Colony of Massachusetts-bay, which agreement is particularly set forth in the act of the Legislature Preamble; of this State herein in part recited. And whereas it may prove inconvenient or impracticable for two of the commissioners so named in the said recited act to attend to the discharge of the trust reposed in them by the said act; whereby the final running and marking the said jurisdiction line may be procrastinated and a great expence be unnecessarily incurred.

two com

missioners may not attend.

Surveyor general added to commis

sion.

Be it therefore enacted by the People of the State of New York represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That Simeon DeWitt Esquire, surveyor general of this State, shall be and is hereby declared to be one of the commissioners on the part of this State, and who together with the said Robert Yates, Philip Schuyler and Gerard Bancker, the commissioners named in the said in part recited act, or any two or more of them the said Robert Yates Philip Schuyler, Gerard Bancker, and Simeon DeWitt shall have full power and are hereby authorized to meet with commissioners who are or may be lawfully authorized and appointed by the said State or Commonwealth of Massachusetts and in conjunction with such commissioners to be appointed on the part and behalf of the said State or Commonwealth of Massachusetts to run out and mark the said jurisdiction line according to the true intent and meaning of the said articles of agreement as fully and effectually to all intents and purposes as if the said Simeon DeWitt had been expressly declared, appointed and authorized to be one of the said commissioners on the part of this State in and by the said in part recited act.

CHAP. 3.

AN ACT to pardon Teunis Casey alias Teunis Keire of the felony

therein mentioned.

PASSED the 11th of November, 1784.

Teunis

murder,

WHEREAS Teunis Casey alias Teunis Keire is confined in the gaol of Preamble: the city and county of New York for the murder of Sarah Rhodes in Casey conFebruary last, whereof he was convicted by the name of Teunis Casey victed of and sentence of death passed against him for the same at a court of oyer found and terminer and general gaol delivery held in and for the city and insane. county of New York in May last.

And whereas it appears to the Legislature that the said Teunis Casey alias Teunis Keire was at the time of the murder and conviction aforesaid disordered in his mind, and he has been represented to the Legislature as a proper object of mercy.

Be it therefore enacted by the People of the State of New York represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That the said Teunis Casey alias Teunis Keire is hereby fully and Teunis absolutely pardoned and discharged of and from the felony and judg- doned. ment aforesaid, and of and from execution for the same.

And whereas it has been suggested to the Legislature that if the said Teunis Casey alias Teunis Keire should be suffered to go at large he might prove dangerous to the community.

Casey par

etc., of

Be it further enacted by the authority aforesaid, That it shall and may Mayor, be lawful for the mayor aldermen and commonalty of the city of New New York, York to confine the said Teunis Casey alias Teunis Keire in the brid- may conwell of the said city, or in such other place as to them may seem con- in the venient.

fine him

bridewell.

CHAP. 4.

AN ACT to appoint agents or commissioners for vindicating the right and jurisdiction of this State against the claims of the Commonwealth of the Massachusetts pursuant to the Articles of Confederation and Perpetual Union of the United States. PASSED the 12th of November, 1784.

act of congress.

WHEREAS the United States of America in Congress assembled, at Preamble: the city of Annapolis, on the third day of June last, did make and publish a certain act in the words following, that is to say.

"By the United States in Congress assembled in the city of Annapolis on the third day of June, in the year of our Lord one thousand seven hundred and eighty four, and in the eighth year of the independence of

the United States of America.

"To the legislative authority of the State of New York. It is hereby made known, that pursuant to the ninth of the Articles of Confederation and Perpetual Union, the Legislature of the Commonwealth of Massachusetts, have presented a petition to Congress in the words following"To the United States in Congress assembled -- The petition of the Petition of Legislature of the Commonwealth of Massachusetts-Sheweth-That wealth of whereas James the First, late king of Great Britain, by his letters patent, Massa

Common

relating to

patent

chusetts bearing date at Westminster the third day of November in the eighteenth boundary; year of his reign, granted unto the council established at Plimouth in the letters county of Devon and kingdom of Great Britain, commonly called the From King council for planting, ruling and ordering, and governing of New England James I. in America, all that part of America, lying and being in breadth from forty to forty eight degrees of northerly lattitude, and of lenght of and within all the breadth aforesaid throughout the main lands from sea to sea, to hold the same to themselves, their successors and assigns forever: And whereas the said council established at Plimouth by their deed, indented under their seal, dated the nineteenth day of March in the third year of the reign of Charles the First, late king of Great Britain, did bargain sell, enfeoff alien and confirm unto Sir Henry Roswell and his associates, and to their heirs and assigns, all that part of New England in America, which lieth and extendeth between a great river called Merrimac, and a certain other river there called Charles river, being the bottom of a bay there called Massachusetts bay, and also all those lands lying within three English miles to the southward of the southermost part of the said bay, and extending thence northward in lattitude to the northward of every part of the said river Merrimac, and in the breadth of lattitude aforesaid, extending throughout all the main land in longitude westwardly to the Southern ocean. And the said Legislature in their claim herein prescribed, do aver, that the point or place situate three miles south of the bay called Massachusetts bay, is a point or place situate in forty two degrees of northern lattitude two minutes north, and that the place point or boundary aforesaid of three miles to the northward of every part of the river Merrimac, is a place or point situate in forty four degrees northern lattitude fifteen minutes north, and that by the grant aforesaid, the said Sir Henry Roswell and his associates became seized of all the lands before described and contained in the grant aforesaid of the said council established at Plimouth; and that the same grant was confirmed to the said Henry Roswell and his associates by the said King Charles by his letters patent, dated in the fourth year of his reign, and that the said Sir Henry Roswell and his associates were immediately upon the making the grant aforesaid by the said council, in the actual seizen and possession of all the lands aforesaid, and for many years held the same under the name and title of the Governor and Company of Massachusetts Bay in New England: And that such proceedings and possessions have been done and had respecting the territory aforesaid, granted to the said Sir Henry Roswell and his associates, and such subsequent grants have been made of the same, that all the said territory is now the just and proper right of the Commonwealth aforesaid, and all this the said Legislature are ready to verify.

New York

of the

lands.

"And whereas the State of New York have set up a claim to some Stains part part of the land before mentioned, and it being highly necessary to have the same claims brought to an immediate decision. They do therefore in behalf of the said Commonwealth most solemnly request the United States of America in Congress assembled, that commissioners may be appointed for enquiring into and determining upon the claim aforesaid of the said Legislature, and that such other proceedings respecting the determine premises may be had, as are by the Federal government of the said United States in such cases made and provided."

Congress

asked to appoint

commissioners to

contro

versy.

Day fixed

for hear

ing.

"And that the first Monday in December next, is assigned for the appearance of the said States of Massachusetts and New York by their lawful agents at the place in which Congress shall then sit, to proceed in the premises, as by the said Articles of Confederation and Perpetual Union is directed."

designated to repre

State.

ment of

determine

Be it therefore enacted by the People of the State of New York repre- Agents sented in Senate and Assembly, and it is hereby enacted by the authority of the same, That James Duane, John Jay, Robert R. Livingston, Egbert sent this Benson and Walter Livingston Esquires, shall be and they are hereby declared to be agents for this State in the controversy between this State and the said Commonwealth of Massachusetts in the said recited act of the United States in Congress assembled mentioned; and the said James Duane, John Jay, Robert R. Livingston, Egbert Benson and Walter Livingston Esquires, or any two or more of them are hereby authorized and directed on the day and place for that purpose in the said act limitted, and at such other times and places as the occasion shall require in behalf of this State to appear before the said United States in Congress assembled, in order by the joint consent of them the said agents, or any two or more of them and the agents on the part of Appointthe said Commonwealth of Massachusetts, to appoint commissioners or commisjudges to constitute a Federal court for hearing and determining the sioners to controversy aforesaid. And if it shall so happen, that the agents for controthe said State of New York and Commonwealth of Massachusetts Versy, how made. respectively shall not agree by joint consent in appointing commissioners or judges to constitute such court, then it shall and may be lawful to and for the said agents on the part of this State, or any two or more of them, and they or any two or more of them are hereby authorized and required to proceed in behalf of this State to the appointment of such commissioners or judges in the manner and form directed and prescribed in and by the said Articles of Confederation and Perpetual Union, and also to appear before the said commissioners or judges, when lawfully constituted and there to represent this State, and to man- Agents to age vindicate and defend the rights and jurisdiction thereof against the rights of claim of the said Commonwealth of Massachusetts by all lawful ways this State; and means with full power and authority to employ such council, learned employ in the law and such sollicitors as they shall think necessary to enable counsel. them more effectually to discharge the trust reposed in them by this act. And be it further enacted by the authority aforesaid, That it shall and Secretary may be lawful, to and for the secretary of the State of New York, and of State the clerk of the city and county of Albany or their respective deputies, officials to and for the respective clerks of the Senate and Assembly of this State, papers on to produce on the hearing of the controversy aforesaid, and for that the hearpurpose to convey out of the State, all such original papers remaining in their respective offices, as by the agents herein appointed to manage the controversy aforesaid, on the part of this State, or any two or more of them shall be judged necessary for the better manifestation of the boundaries and jurisdiction of this State. Provided always

defend

may

and other

produce

ing.

former

sachusetts

not to be

affected by this act.

And be it further enacted by the authority aforesaid, That this act, or Proviso; any article clause matter or thing herein contained, shall not extend or agreement be deemed, construed, adjudged or taken, to annul, alter or in anywise with Mas affect certain articles of agreement, made and concluded upon the eighteenth day of May in the year of our Lord, one thousand, seven hundred and seventy three between commissioners appointed by an act of the Legislature of the late Colony of New York, and commissioners appointed by an act of the Legislature of the late Colony of Massachusetts Bay. Nor to annul, alter, or in anywise affect a certain instrument in writing bearing date the eighteenth day of May in the year last aforesaid under the hands and seals of the then governors of the said ProceedColonies of New York and Massachusetts Bay respectively signifying former their approbation of the said agreement; nor any act or proceeding in agreement pursuance of the said articles of agreement which have been done and affected.

ings under

not to be

Proceedings of commissioners

now run

ning line

not to be affected.

Certain act repealed.

performed, since the settlement of the said jurisdiction line by commissioners and surveyors appointed, as well on the part of this State while the Colony of New York, as on the part of the State or Commonwealth of Massachusetts, while the Colony of Massachusetts Bay, respecting the running and marking in part, the jurisdiction line, in the said articles of agreement described; nor any act or proceeding which is now doing and performing, or shall be done and performed by the commissioners and surveyors appointed on the part of this State, and on the part of the State or Commonwealth of Massachusetts, to complete the said jurisdiction line according to the true intent and meaning of the said. articles of agreement.

And be it further enacted by the authority aforesaid, That a certain act of the Legislature of this State entitled "An act to empower the Congress of the United States of America to determine all controversies, relative to certain lands in the counties of Cumberland, Gloucester, Charlotte and Albany, commonly called the New Hampshire grants" passed the 21st day of October 1779, so far as the same act respects claims or boundaries in controversy between this State and the State or Commonwealth of Massachusetts Bay, be and the same hereby is repealed.

Preamble.

Jane

ministra

trix of Jonathan Blake, to

ventory to

Daniel

and others.

CHAP. 5.

AN ACT for the relief of Jane Blake, and the creditors of her late husband Jonathan Blake deceased.

PASSED the 18th of November, 1784. WHEREAS it appears by the last will and testament of Jonathan Blake deceased, that Jane Blake sole executrix of the said will and testament, is not by the said will authorized to sell and dispose of any part of the estate of her late husband for the payment of the debts contracted by him; and it also appears to the Legislature that the annual income of the said estate is altogether inadequate to the payment of the said debts.

Be it therefore enacted by the People of the State of New York, repreBlake, ad- sented in Senate and Assembly, and it is hereby enacted by the authority of the same, That it shall and may be lawful to and for Jane Blake sole executrix of the last will and testament of Jonathan Blake late of the exhibit in city of New York deceased, to exhibit on oath to Daniel Dunscomb Daniel Niven and John Elliott all of the said city a true inventory Dunscomb of all the real and personal estate of the said Jonathan Blake deceased that hath come to her knowledge, and also a true inventory to the best of her knowledge and belief of the debts due by the said Jonathan. Blake at the time of his decease, whether by bond mortgage or otherwise; and that it shall and may be lawful to and for the said Jane Blake Blake and Daniel Dunscomb Daniel Niven and John Elliott or any three of them to sell, dispose of and convey such part or parts of the said estate either real or personal as in the judgment of them or of any three of them of the es- shall be sufficient to discharge all debts due or monies owing by and from the estate of the said Jonathan Blake deceased, and to give good and sufficient releases and conveyances in fee simple for the same. And if the monies that arise by such sale or sales shall exceed the monies due to the creditors of the said Jonathan Blake, the surpluss after payment of the creditors shall by the said Jane Blake be disposed of

Jane

others

named may convey parts

tate, real or personal, to pay debts.