Preamble. Preamble. passed the twenty-sixth day of May, eighteen hundred and seventy-five, the regents of the university of the state of New York were authorized and directed, in connection with the authorities of Pennsylvania and New Jersey, respectively, to replace any monuments which have become dilapidated or been removed on the boundary lines of those states, and it was thereby declared that the lines originally laid down and marked with monuments by the several joint commissioners duly appointed for that purpose, and which have since been acknowledged and legally recognized, by the several states interested, as the limits of their territory and jurisdiction, are the boundary lines of said states, irrespective of want of conformity to the verbal descriptions thereof; and, by the second section of the same chapter of the laws of the state of New York, the said regents were authorized and empowered to designate and appoint three of their number as commissioners to meet such commissioners as may have been or may be appointed on the part of the states of Pennsylvania and New Jersey, or either of them, and with such lastnamed commissioners, as soon as may be, to proceed to ascertain and agree upon the location of said lines as originally established and marked with monuments; and in case any monuments are found dilapidated or removed from their original location, said commissioners are authorized to replace them in a durable manner in their original positions, and to erect such additional monuments at such places on said lines as they may deem necessary for the proper designation of the boundary lines of said states: AND WHEREAS, ALSO, The above-named Henry R. Pierson, Elias W. Leavenworth and Chauncey M. Depew have been duly designated and appointed by the said regents of the university of the state of New York, commissioners on the part of said state for the purposes mentioned in the said act: AND WHEREAS, ALSO, By an act of the legislature of the state of New Jersey, entitled "An act appointing commissioners to locate the northern boundary line between the states of New York and New Jersey, and to replace and erect monuments thereon," approved April ́thir teenth, 1876, the governor of the state of New Jersey was authorized to appoint three commissioners, with power, on the part of said state of New Jersey, to meet any authorities on the part of the state of New York who may be duly authorized, and with them to negotiate and agree upon the true location of the said boundary line between the states of New York and New Jersey, and also to replace any monuments which may have become dilapidated or been removed on said boundary lines, and to erect new ones, which agreement it was thereby enacted should be in writing, and signed and sealed by the authorities of the state of New York and the commissioners of the state of New Jersey: AND WHEREAS, The above-named Abraham Browning, Preamble. Thomas N. McCarter and George H. Cook have been duly appointed commissioners on the part of the state of New Jersey under said act : AND WHEREAS, By a supplement to the last said act, ap- Preamble. proved on the twenty-fifth day of March, 1881, the commissioners under the last said act were, in addition to the authority conferred by the last said act, also authorized, in their discretion, to proceed to ascertain and agree upon the location of the northern boundary line between the states of New York and New Jersey, as originally established and marked with monuments; and in case any monuments are found dilapidated or removed from their original location, said commissioners were authorized to renew and replace them in a durable manner in their original positions, and to erect such additional monuments at such places on said line as they may deem necessary for the proper designation of the boundary line of said states: AND WHEREAS, The said commissioners acting for and on Preamble. behalf of their respective states, have entered upon the performance of the duties imposed upon them by the said acts, and have, in pursuance of the authority to them severally given as aforesaid, agreed, and hereby do agree, as follows: First. The line extending from the Hudson river on the Boundary line east to the Delaware on the west, as the same was laid agreed upon. down and marked with monuments in 1774, by William Wickham and Samuel Gale, commissioners on the part of Proviso. Monumental marks of boundary line. the then colony of New York, duly appointed for that purpose in pursuance of an act of the assembly of the colony of New York, passed on the sixteenth day of February, 1771, entitled "An act for establishing the boundary or partition line between the colonies of New York and Nova Cæsarea, or New Jersey, and for confirming titles and possession," and John Stevens and Walter Rutherford, commissioners on the part of the then colony of New Jersey, duly appointed in pursuance of an act of the assembly of the colony of New Jersey, passed on the twenty-third day of September, 1772, entitled "An act for establishing the boundary or partition line between the colonies of New York and Nova Caesarea, or New Jersey, and for confirming titles and possession," which said line has since been acknowledged and recognized by the two states as the limit of their respective territory and jurisdiction, shall, notwithstanding its want of conformity to the verbal description thereof, as recited by said commissioners, continue to be the boundary or partition line between the said two states; provided, that wherever upon said line the location of one or more of the monuments erected by said commissioners in 1774, has been lost, and cannot otherwise be definitely fixed and determined, then and in that case, and in every case where it is required to establish intervening points on said line, a straight line drawn between the nearest adjacent monuments, whose localities are ascertained, shall be understood to be, and shall be, the true boundary line. Second. The monumental marks by which said boundary line shall hereafter be known and recognized are hereby declared to be: first, the original monuments of stone erected in 1774, along said line by the commissioners aforesaid, as the same have been restored and re-established in their original positions by Edward A. Bowser, surveyor on the part of New Jersey, and Henry W. Clarke, surveyor on the part of New York, duly appointed by the parties hereto; second, the new monuments of granite erected by the aforesaid surveyors at intervals of one mile, more or less, along said line, and numbered consecutively, beginning from the Hudson river, and severally marked on the northerly side with the letters N. Y., and on the southerly side with the letters N. J.; and third the monuments of granite erected by the aforesaid surveyors at intervening points on said line at its intersection with public roads, railroads and rivers, and severally marked by them on the northerly side with the letters N. Y., and on the southerly side with the letters N. J.; and fourth, the terminal monuments erected at the western terminus of said line at the confluence of the Delaware and Navesink rivers, and the terminal monument erected on the brow of the rock called the Palisades, near the eastern terminus, and the rock lying and being at the foot of the Palisades on the bank of the Hudson river, and marked as the original terminal monument of said line established in 1774, as the same are described in a joint report made to the parties hereto by Elias W. Leavenworth, commissioner on the part of New York, and George H. Cook, commissioner on the part of New Jersey. report of on file in offices states of the two tute the authentic boundary line. Third, The field-books of said surveyors, containing Field books, the descriptions of the locations, of the several monu- surveyors, &c., ments erected by them, and of the witness marks thereto, of secretaries of the report of said surveyors containing the account of states to constitheir work in ascertaining and marking said line, together permanent and with the topographical map of said line and the vicinity record of thereof, and the several documents and books of record containing the transactions of the parties aforesaid, having been duly authenticated and attested by the signatures of the said commissioners, and placed on file in the offices of the secretaries of state of the two states, shall constitute the permanent and authentic records of said boundary line, and are hereby adopted by the parties hereto, and made part of this agreement. the Agreement bindre-firmed by ing when con Fourth. This agreement shall become binding on two states when confirmed by the legislatures thereof, spectively, and when confirmed by the congress of the legislature of United States. IN WITNESS WHEREOF, the said commissioners have hereto set their hands and seals, in duplicate, this seventh day of June, in the year of our Lord one thousand eight hundred and eighty-three. HENRY R. PIERSON, [L. S.] [L. S. [L. S.] [L. S.] THOMAS N. MCCARTER, [L. S.] congress and the both states. Agreement ratified by the state of New Jersey. 1. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey, That the aforesaid agreement, and every article, clause, matter, and thing therein contained, shall be and the same are hereby ratified and confirmed on the part of the state of New Jersey. Approved April 2, 1884. Indictment for libel against be found in County where published or ant resides. CHAPTER LXXXIV. A Supplement to an act entitled, "An act for the punishment of crimes," (Revision) approved March twentyseventh, one thousand eight hundred and seventy-four. 1. BE IT ENACTED, by the Senate and General Assembly newspapers may of the State of New Jersey, That no indictment for libel shall be found against any corporation, individual or where complain- copartnership publishing any newspaper, magazine or periodical within this state, or any editor, reporter, writer or other employee thereon, or correspondent thereof, for any matter, item or thing published in any such newspaper unless such indictment be found by the grand jury of the county within which the office of publication of such newspaper is located or within which the party alleged to have been libeled resides, at the time of the alleged libelous publication. 2. And be it enacted, That this act shall take effect immediately. Approved April 2, 1884. |