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case below had decided for the Plaintiff, on the question of title, and the Plaintiff below was Plaintiff in error. Chief Justice Green rendered the decision of the court above on the writ, but decided the case on the ground that the claim of title from adverse possession was not sustained. He did not touch the issue raised between the parties on the two different titles, under which they claimed. It would have been exceedingly satisfactory to have obtained the opinion of so eminent a jurist as Chief Justice Green, on the main question in the case. This case is that of Cornelius v. Giberson, 1 Dutcher, 1. In a recent case in equity, Proprietors of East Jersey v. Force, the issue between the two lines of division came up collaterally, before Vice Chancellor Pitney. He refers, in his opinion, to the two lines and says this: "The Lawrence line, however, was finally determined to be the true line of division, in the case of Cornelius v. Giberson, 1 Dutch., 1." Both of these cases were tried by some of the ablest Counsel in the State and the opinions of the Judges who decided them are each entitled to the highest consideration. It is unfortunate, however, that the question. at issue between the two titles involved in the case at common law, could not have been presented in the case on appeal, so as to have received a more authoritative determination than could be reached by a circuit Judge. In the case in equity, the opinion of the Vice Chancellor, an exceedingly able one, did not settle the question as to which was the correct line, the Keith or the Lawrence, except where the Vice Chancellor declared that that had been decided in the case of Cornelius v. Giberson.

On the 11th of March, 1713-14, the County of Hunterdon was created by an act of the Legislature by this description: "All and singular the Lands and upper Parts of the said Western Division of the Province of New Jersey, lying Northwards of or situate above the Brook or Rivulet commonly called Assanpinck be erected into a County

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to be called the County of Hunterdon; and the said Brook or Rivulet shall be the Boundary Line between the County of Burlington and the said County of Hunterdon."

The Boundary lines between Somerset, Middlesex and Monmouth were defined in this manner, by an act passed March 15, 1713-14. "The Boundary Line between Somerset and Middlesex Counties shall be and begin where the Road crosseth the River Rariton at Inian's Ferry, and run from thence along the said Old Road by Jedediah Higgin's House, leading towards the Falls of the Delaware as far as the Eastern Division of this Province extends."

"The boundary line between Middlesex and Monmouth Counties. shall be and begin at the Mouth of the Creek that parts the land of George Willocks and the land that was formerly Captain Andrew Bowne's, deceased; thence along the said Captain Andrew Bowne's Line to the Rear of the said Land; thence upon a direct course to Warn's Bridge on the Brook where Thomas Smith did formerly live; thence upon a direct course to the South East Corner of Barclay's Tract of Land, that lies near Matchiponix; thence to the most Southernmost part of said Tract of Land including the whole Tract of Land in Middlesex County; thence upon the direct Line to Assanpinck Bridge on the high Road, including William Jones, William Story, Thomas Ruckman and John Guyberson, in Monmouth County; thence Westerly along said Road to Aaron Robins's land; thence Westerly along said Aaron Robins's and James Lawrence's Line to the Line of the Eastern and Western Division aforesaid."

On March 15, 1738-39, Morris County was set off from Hunterdon by this description: "All and singular the Land and upper Parts of the said Hunterdon County lying to the Northward and Eastward, situate and lying to the Eastward of a well known place in the County of Hunterdon, being a Fall of Water, a Part of the North Branch of Rariton River, called in the Indian Language, or known by the name of Allomatonck, to the Northeastward of the Northeast End or Part of the Lands called the New Jersey Society Lands, along the line thereof crossing the South Branch of the aforesaid Rariton River, and extending Westerly to a certain Tree marked with the Letters L. M., standing on the North side of a Brook emptying itself into the said South Branch by an old Indian Path to the Northward of a Line to be run Northwest from the said Tree to a Branch of Delaware River called Muscknetcong, and so, down the said Branch to Delaware River; all which said Lands being to the Eastward Northward and Northwestward of the above said Boundaries, to be erected into a County . . . to be called Morris County." Until the new County thus created was permitted to vote independently by Delegates in the Assembly, the Electors there resident within its limits were obliged to go to Trenton, as formerly and there choose their representatives. Morris County was named after Lewis Morris, the Governor, who had succeeded in securing a government for New Jersey independent of New York.

On the 4th of November, 1741, an act with this title was passed: “An act to annex part of the County of Essex to the County of Somerset and

to ascertain the Bounds thereof." By the operation of this act a considerable extent of country in the southern and western parts of Essex was taken from that County and added to Somerset. The ill defined lines of both counties, settled by former legislation, had led to constant difficulties and this change seems to have become absolutely necessary. Cumberland County was created by an act passed January 19th, 1747-8. The bounds of the new county, as defined by this act, were as follows: "Beginning in the county of Salem, at the mouth of Stow Creek and running up the same unto John Brick's Mills, leaving the said Brick's Mills within the County hereby erected; then continuing still up Stow Creek Branch to the house where Hugh Dun now dwells, leaving said Hugh Dun within the new County; and from the said Hugh Dun's House upon a straight Line to Nathan Shaw's House, leaving said Nathan Shaw's House within the new County; and then on a Northeast course until it intersects the Pilesgrove Line, leaving Piles grove within Salem County; then along the said Line till it intersects the Line which divides the Counties of Gloucester and Salem; then running Southeastward down Gloucester Line unto the Boundaries of Cape May County; then bounded by Cape May County to Delaware Bay; and then up Delaware Bay to Place of Beginning." Jonathan Belcher was Governor of New Jersey at this time and he named the new county after the Duke of Cumberland. The law, under which Cumberland became a county, was much fuller in its provisions than any prior legislation of the same character; it provided that the electors should vote at Salem as heretofore, until they were able to vote indepedently; that all taxes should be assessed and paid as by law was then directed; it created six precincts within the new municipality, defined their bounds and named them, Greenwich, Hopewell, Stow Creek, Maurice River, Fairfield and Deerfield; all of these names are still retained for townships in Cumberland.

In March, 1749, an act was passed "to ascertain the Line and Bounds between the Counties of Somerset and Morris. The exact line of division between these two counties running from the Falls of Allamatunk to the Passaic River had not been exactly defined in the prior acts, one passed the 21st of January, 1709-10 and the other on the 15th of March, 1738-9, no course being mentioned, "nor where to fix upon the Passaic." In consequence of this, "it remains uncertain, and very prejudicial to the Inhabitants, and a great Obstruction to the officers of the said Counties in the discharge of their Duties; For Remedy whereof," the line was more definitely described.

Sussex County was taken from Morris by an act passed June 8, 1753. The bounds of this new County were thus defined by the act: "All and singular the Lands and upper Parts of said Morris County Northwest of Muskonetkong River, Beginning at the Mouth of said River, where it empties itself into Delaware River, and running up said Muskonetkong River to the head of the Great Pond; from thence Northeast to the Line that divides the Province of New York and said New Jersey; thence along the said Line to Delaware River aforesaid; thence down the same to the Mouth of Muskonetkong, the Place of Beginning. The Great Pond was once called Brookland Pond, but is now known as Lake Hopatcong. Since Sussex County has been erected the water in this Lake has been raised eight feet above its original level, to meet the demands of the Morris Canal.

The inhabitants of the province had long appreciated the difficulties arising from the uncertain descriptions of the boundary lines of the Counties, and applied to the Legislature to provide some means for remedying the defects. On the 28th of November, 1760, an act was passed which, it was thought, would relieve the people. This law provided for the "running and marking the Lines between the several Counties and Townships of this Colony," in this manner; whenever a majority of the Freeholders of any County chosen or to be chosen by virtue of an act passed February 28, 1713-14, should adjudge it necessary, it should be lawful for them, in conjunction with three Justices of the Peace for that County, to agree with a surveyor and other necessary persons to run out and mark the lines of the Counties as ascertained by law. But before the Surveyors should begin their work, one month's notice in writing was required to be given to two Justices of the other County to be affected by the survey, so that persons for that County might be appointed to perform the like services. none were selected then the surveyors first appointed might perform the required duties. Trees which were found in the lines so to be run were to be marked "on one side with the first letter of the County, Town or Precinct on that side; and on the other side with the first Letter of the County, Town or Precinct on that side." The surveyors were required to keep field books, make maps and to deposit copies in the offices of the Clerks of the respective Counties, where they were to be recorded and the originals were to be transmitted to the offices of the Secretaries of the respective Divisions in which the counties were situated.

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Notwithstanding the passage of this act, it was ascertained by actual experience that it did not effectually answer the purpose of its enactment. Soon after it became a law, the Freeholders and Justices of Salem and Cumberland, in pursuance of its provisions, appointed surveyors to run the division line between those two counties. But after running the boundaries, they were found in no wise to answer the expectations of either County"; and "the said Commissioners conceiving it not in their power to settle the said Lines in such a manner as to be conclusive to both Counties. Therefore to prevent any inconvenience that may happen for the Future," the Legislature fixed a boundary line between the two Counties by an act passed the 7th of December, 1763.

By the acts creating the Counties of Morris, Cumberland and Sussex, the electors of those counties were to cast their votes for delegates to the Legislature at their accustomed places and to continue so to do until there was a sufficient number of inhabitants in those counties to entitle the voters to an independent representation.

On the 10th of May, 1788, the Legislature passed an act providing that after the dissolution of that present Assembly, whenever a General Assembly should be "called," writs should be issued to Morris, Cumberland and Sussex and two representatives should be elected from each of those counties. It was also enacted, as the county of Morris was situated in both divisions of the colony, that the provincial taxes should be paid to the Treasurer of the Eastern division.

The thirteen counties in New Jersey, in existence on the 4th day of July, 1776, were these: In East Jersey, Bergen, Essex, Middlesex, Somerset and Monmouth; in West Jersey, Hunterdon, Burlington, Gloucester, Salem, Cumberland and Cape May. Morris and Sussex were in both divisions. From 1776 to 1783, the year of peace, there were no changes in the boundaries of the counties, nor were there any new counties created.

As the population of the province increased, so grew the many and diverse wants of the communities gathered in townships, and the necessity became more and more apparent for clothing those municipalities with corporate powers, so that contracts could be legally made to bind, not only the townships, but also those persons with whom it should become necessary to contract. These capabilities could not be obtained. while those bodies were simply an aggregation of individuals. The Legislature was, therefore, led to create corporations out of the town

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