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(E.) LAWS OF 1857-CHAPTER 47. AN ACT to provide for the payment of the expenses incurred and
services performed by the commissioners appointed to settle the boundary line between this State and the State of Connecticut, in pursuance of a concurrent resolution adopted April fifth, eighteen hundred and fifty-six.
Passed Feb. 21st, 1857, three-fifths being present. The People of the State of New-York represented in Senate and Assembly do enact as follows:
Sec. 1. The sum of seven thousand dollars, or so much thereof as may be necessary, is hereby appropriated to pay the expenses incurred and services performed by the commissioners appointed to settle the boundary between this State and the State of Connecticut, in pursuance of a joint resolution of the two houses of the legislature, adopted April fifth, eighteen hundred and fiftysix; to be paid by the treasurer on the warrant of the comptroller, on the rendering of satisfactory vouchers therefor as follows, viz: to each of the said commissioners at the rate of six dollars for each day's service actually rendered in the performance of their official duties, to be certified by a majority of the commissioners. To the commissioners, such sum as shall have been paid by them for expenses necessarily incurred in prosecuting the survey of said boundary line; the accounts to be audited by the Comptroller.
$2. This act shall take effect immediately. STATE OF NEW-YORK, I have compared the preceding with
Secretary's Office: S the original law on file in this office, and do certify that the same is a correct transcript therefrom and of the whole of said original.
J. T. HEADLEY
Secretary of State.
[Senate, No. 165.
Connecticut: Having been informed that an impression prevails to some extent, that the boundary line was definitely established by the surveys of the past season, under the direction of the Commissioners of both States appointed for that purpose, and that citizens of New-York have, in some places, been advised to exercise the rights and duties of citizens of Connecticut; while in others, doubt, anxiety and dissatisfaction exist, because of the supposed change of the line and transfer of territory : we, the undersigned, Commissioners on the part of the State of New-York, therefore, give notice, that the surveys mentioned were preliminary and conditional only, and are still incomplete.
No portion of the line has as yet been finally agreed upon between the representatives of the two States, and no change whatever has been or can be made in any man's citizenship.
We are advised by several of the most eminent counsel in the country, that the ancient line is and must be the boundary, and there is little doubt that it will be fixed upon and marked out early in the coming season.
SAM’L D. BACKUS,
to settle the boundary. ALAANY, March 10, 1857.
AN ORDER of the Genal Court of Connecticut for the appoint
ment of severall persons to accompany their Govenour to New
York, to congratulate his Maties Commissioners. . At a Sessions of the Gen" Assembly held at Hartford October 13th 1664.
M' Allyn Senior or Junior M Gold, M Richards and Cap' Winthrop, are desired to Accompany the Governour to new York, to Congratulate his Majesties Honoble Commissioners, and if an opportunity afford it selfe That they can Issue the Bounds betweene ye Dukes Pattent and Ours. (so as in their Judgmis may be to the Satisfaction of the Court) they are Impowered to the same service.
Extracted out of the Records of the Court this 24th of October 1664 by me,
JOHN ALLYN secretary of his Maties
Colony of Connecticut.
(H.) Agreement between the Commissioners of the Duke of York and Delegates from Connecticut, November 30th, 1664.
(Not executed.) This AGREEMENT, made Indented and concluded [on] the Thirtieth day of November in the Sixteenth year of the Raigne of sour] Soveraigne Lord Charles the Second by the Grace of God, King of England Scotland (Fran]ce and Ireland Defender of the Faith &c. One Thousand six hundred Sixty foure. W[here as by an order of the Gen all assembly, held at Hartford the Thirteenth day of October 16 M' Allyn Senio' M' Gold, M' Richards and Captain Winthrop were appointed by] the assembly held at Hartford 13 october 1664 [to) accompany John Winthrop Esq" (the Governor of his maties Colony of Connecticutt) to N[ew-Yor]k and 10 agree upon the bounds of the sd colony and M' Howell and Cap' Younge of Long Island were to attend the same service, exprest in the saide Order. And whereas amongst other things, the said Persons were therein impowered to Issue the Bounds betweene his Royall Highnesse the Duke of York's Pattent, and the Pattent granted by his matie to the said Colony of Conecticutt, a copie of wch said Pattent of Conecticutt Colony bearing date the Twenty Third day of Aprill 1662—being viewed wherein is set forth That the Western Bounds or Limitts of the said Colony should extend to the South Sea, And Likewise the Duke of Yorkes Pattent bearing date the twelveth day of March 1663 being read, wherein It is Granted That his Royall Highnesse shall have all the Lands from the westerne Part of Conecticutt River, to the easterne part of Delaware Bay, By wch said Pattents (through mistakes or otherwise) the ssaid] lands are Granted to them both, Now to prevent any Debates or differences that may or might arise thereby It is mutually Agreed and Consented unto, by the aforesaid John Winthrop Esq' Governo' M! Allyn Senio' M'Gold M' Richards Cap' Winthrop, M' Howell and Cap' Young on the behalfe of the Colony of Conecticutt, and [Co]lonell Ri[ch] Nicolls on the behalf of his Royall Highness that (the bou]nds of Co[nec]ticutt Pat(tent) shall not from and
after the date hereof, extend t[hemse]lves unto any part of the Maine Land further westward than the head of a Creeke or River nearer than the distance of twenty miles at High Water marke comonly from any of the borders of the Maine called by the Indian name Mamo- River commonly called Hudsons River, ronock and from thence by a direct Provided that it shall and may be Lawline to the North North West till it ful to the Governour, of his Royall meets with the Massachysett liné. Highnesse, the Duke of York's Pattent, and the Governor of his Maties Colony of Conecticutt, to determine a nearer Bound, bordering upon Hudsons River, to any Particular Person or Persons, or Plantacons whose p'sent possession in any part under Conecticutt Governm' is wthin the Limitts of Twenty Miles from Hudsons River, in wch case it is, and shall be Lawful for the said Governo to allott to the said Person, Persons, or Plantacons, so Claiming five miles of addicon to their p'sent possession, according to the good discrecon of the Governo® and Counsell, or Genall Court of his Maties Colony of Conecticutt, And it is also Agreed on the behalfe of his Royall Highnesse the Duke of York's Pattent That by virtue of the said Pattent, from and after date hereof, the bounds and Limitts thereof shall not extend or Claime any Priviledge or Jurisdiction to the Eastward, beyond, the distance of Twenty Miles, from the Borders or the said Hudsons Maine River excepting according to the Provisoés aforesaid in the preceedent article, To wch Mutual Agreem' and the performance thereof fully and effectually, according to the true and plaine meaning of the p'misses the Per sons above written have hereunto Interchangeably sett their hands and seales the day and yearé above said at New York on Manhatans Island. Sealed and delivered in >
the p'esence of, S [On the back of this paper is written a rough draft of the agreement executed Dec. 1st. 1664; also the sentence, “Write a passe for the scoute Pieter Bounemon,” and other memoranda, all in the same hand writing as the interlineations of this paper.]
Note.-The words in italics are erased in the original MS., those in small type are interlined. The letters within brackets are supplied where there are holes in the paper.