Page:United States Statutes at Large Volume 26.djvu/384

330 FIFTY—FIRST CONGRESS. Ssss. I. Ch. 804. 1890. longation of said boundary line up and along said channel of said Delaware River as it winds and turns, for a distance of eighty-five miles or thereabouts, to a line drawn east across sard river from a granite monument erected upon the west bank of said rrver in the year eighteen hundred and eighty-four, by H. W. Clarke C. M. Gere, to mark the eastern extremity of the first line hereinafter described, shall continue to be a part of the boundary or partition line between the said two States: Provided, however, hat the limit of territorylbetween the said two States shall be the center of the said main c annel: And provided further, That each State shall enjoy and exercise a concurrent jurisdiction within and upon the water of said main channel between the lines of low water at either bank thereof, between the limits hereinbefore mentioned. " Second. The line extending from the Delaware River aforesaid, at a point u(pon said river fixed and marked with monuments (which have since isappeared) by David Rittenhouse and Samuel Holland, in the month 0 November, in the year seventeen hundred and seventy-four, west as the same was surveyed and marked with monuments in the year seventeen hundred and eighty-six, as far as the ninetieth milestone, by James Clinton and Simon De Witt, commissioners on the part of the State of New York, duly appointed for that purpose by the governor of said State, in pursuance of an act of the legislature of said State entitled ‘ An act for running out and marking the jurisdiction line between this State and the ommonwealth of Pennsylvania} passed seventh March, seventeen hundred and eiglitiifive, and David Rittenhouse, Andrew Porter, and Andrew `cott, commissioners on the part of the Commonwealth of Pennsylvania duly appointed for that purpose by the supreme executive council of said mmonwealth in pursuance of an act of the general assembm of said Commonwealtluentitled ‘An act to authorrze and enable the supreme executive councilto appoint commissioners to join with the commissioners appointed, orto be appointed, on the part of the State of New York, to ascertain the no ern boundary of this State from the river Delaware westward to the northwest corner of Pennsylvania,' passed thirty-first March, seventeen hundred and eighty-five, and from the said ninetieth milestone west, as the same was surveyed and marked with monuments and pgsts in seventeen hundred and eighty-seven, by Abraham Hardenrgb and William W. Morris, commissioners on the part of the sai State of New York, duly appointed in the place of Simeon De Witt and James Clinton aforesar , by the governor of this State, in pursuance of the act aforesaid, and the act supplementary thereto, passed by the leislature of said State twenty- rst April, seventeen undred and eighty-seven, and Andrew Ellicott and ndrew Porter aforesaid, commissioners on the part of the Commonwealth of Pennsylvania, to the point at which said line is intersected by the line of cession or meridian boundary hereinafter described, which said line so surveyed and marked in the years seventeen hundred and eighty- six and seventeen hundred and eighty-seven has since been acknowledged and recognized by the said two States as a part of the limit of their respective territory and jurisdiction, shall, notwithstanding any want o conformity to the verbal description as written in the charter of the province of Penns lvania, granted to William Penn in the year sixteen hundred and, eighty-two, or as recited by the commissioners aforesaid, continue to be the boundary or partition line between the two said States, from the Delaware River aforesaid to the said point of intersection with the said line of cession: Provided, That wherever upon said line the locations of any of the monuments, or posts, erected by the said commissioners in seventeen hundred and eighty-six and seventeen hundred and eighty- seven have been lost and cannot otherwise be dennitely fixed, then