BOUNDARY BETWEEN PENNSYLVANIA AND OTHER STATES CONFIRMED
                  Act of Jun. 6, 1887, P.L. 353, No. 245              Cl. 71

                                  AN ACT

     To confirm the boundary lines between this Commonwealth and the
        States of New York, Ohio and West Virginia, as re-surveyed by
        the joint commissions appointed for that purpose, and to
        ratify and confirm the agreement entered into by
        commissioners on the part of the Commonwealth of Pennsylvania
        and the State of New York in relation to the boundary between
        said States.

        WHEREAS, The Governor of this Commonwealth, under and by
     virtue of an act of the General Assembly, approved the eighth
     day of May, one thousand eight hundred and seventy-six,
     appointed James Worrall, Christopher M. Gere, and Robert N.
     Torrey, commissioners, to act in conjunction with similar
     commissioners of the State of New York, to examine as to the
     true location of the monuments which mark the boundary between
     this Commonwealth and the State of New York, and to replace any
     monuments which may have been dilapidated or removed on the
     boundary lines between said States;
        And whereas, The said commissioners on the part of this
     Commonwealth, Henry R. Pierson, Elias W. Leavenworth and
     Chauncey M. Depew, commissioners on the part of the State of New
     York, entered into an agreement on the twenty-sixth day of
     March, one thousand eight hundred and eighty-six, which was
     signed by all the said commissioners named, (except James
     Worrall, one of the commissioners on the part of this
     Commonwealth, who died during the progress of the work on said
     boundary line, to wit, April first, one thousand eight hundred
     and eighty-five,) wherein it is stipulated that the said
     agreement will become binding on the part of both States when
     ratified by the Legislatures thereof, respectively, and when
     confirmed by the Congress of the United States, and which
     agreement is hereby recited:
        Now therefore, The said commissioners for and on behalf of
     their respective States, having duly performed the duties
     imposed upon them by the said acts, and having examined said
     boundary line and replaced, in a durable manner, the monuments
     to mark the same, in pursuance of the authority duly given, as
     aforesaid, have agreed and do hereby agree, as follows:
        I.  The channel of the Delaware river, from a line drawn
     across said channel, from a granite monument erected upon the
     eastern bank of said river in the year one thousand eight
     hundred and eighty-two, by the joint boundary commission of the
     States of New Jersey and New York to mark the western extremity
     of the boundary line between said States of New Jersey and New
     York, in a westerly prolongation 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 said river from a granite monument erected
     upon the west bank of said river in the year one thousand eight
     hundred and eighty-four, by H. W. Clarke and 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, That the limit of
     territory between the said two States shall be the center of the
     said main channel: 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.
        II.  The line extending from the Delaware river aforesaid, at
     a point upon said river fixed and marked with monuments (which
     have since disappeared,) by David Rittenhouse and Samuel
     Holland, in the month of 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 mile-stone, by James Clinton and Simeon 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 Commonwealth of Pennsylvania," passed
     seventh March, seventeen hundred and eighty-five, and David
     Rittenhouse, Andrew Porter and Andrew Ellicott, commissioners on
     the part of the Commonwealth of Pennsylvania, duly appointed for
     that purpose by the Supreme Executive Council, "to appoint
     commissioners to join with the commissioners appointed, or to be
     appointed, on the part of the State of New York, to ascertain
     the northern 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 mile-stone west, as the same was surveyed and
     marked with monuments and posts in seventeen hundred and eighty-
     seven by Abraham Hardenbergh and William W. Morris,
     commissioners on the part of the said State of New York, duly
     appointed in the place of Simeon De Witt and James Clinton
     aforesaid, by the Governor of said State in pursuance of the act
     aforesaid, and the act supplementary thereto, passed by the
     Legislature of said State, twenty-first April, seventeen hundred
     and eighty-seven, and Andrew Ellicott and Andrew Porter
     aforesaid, commissioners on the part of the Commonwealth of
     Pennsylvania, to the point at which said line is intersected by
     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 of conformity to
     the verbal description as written in the charter of the Province
     of Pennsylvania, 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 definitely
     fixed, then and in that case, and in every case where it is
     required to establish intervening points in 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.
        III.  The line of cession, described as a meridian line,
     drawn from the forty-fifth degree of north latitude, south
     through the most westerly bent or inclination of lake Ontario,
     in the deed of cession to the United States of certain territory
     claimed by the State of New York, lying west of said line,
     executed first March, seventeen hundred and eighty-one, by James
     Duane, William Floyd and Alexander McDougal, delegates in
     Congress of said United States from the said State of New York,
     in pursuance of an act of the Legislature of said State,
     entitled "An act to facilitate the completion of the articles of
     confederation and perpetual union among the United States of
     America," passed February nineteenth, seventeen hundred and
     eighty, which said territory was afterward conveyed by the
     United States aforesaid to, and became a part of the territory
     and jurisdiction of the said Commonwealth of Pennsylvania, as
     the said line was surveyed and marked with posts and monuments
     of stone in the year seventeen hundred and ninety, by Andrew
     Ellicott, who was duly appointed for that purpose by the
     President of the United States, in pursuance of a resolution of
     Congress, passed nineteenth August, seventeen hundred and
     eighty-nine, which said line, and its prolongation due north
     into the waters of Lake Erie until it intersects the northern
     boundary of the United States aforesaid, have 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 possible want of conformity to the verbal
     description thereof, as contained in said deed of cession,
     continue to be the boundary or partition line between the said
     two States, so far as said line so surveyed and marked in
     seventeen hundred and ninety shall extend.
        IV.  The monumental marks by which the said boundary line,
     except such portions thereof as may be within the waters of the
     Delaware river, and Lake Erie, shall hereafter be known and
     recognized, are hereby declared to be:--
        I.  The original monuments of stone, erected in the years
     seventeen hundred and eighty-six and seventeen hundred and
     eighty-seven by the commissioners aforesaid, and in the year
     seventeen hundred and ninety by Andrew Ellicott aforesaid, as
     the same have been restored and re-established in their original
     positions, or have been replaced by granite monuments erected in
     the years eighteen hundred and eighty-one, eighteen hundred and
     eighty-two, eighteen hundred and eighty-three, eighteen hundred
     and eighty-four and eighteen hundred and eighty-five, by H.
     Wadsworth Clarke, surveyor on the part of New York, and
     Christopher M. Gere, surveyor on the part of Pennsylvania, duly
     appointed by the parties hereto.
        II.  The new monuments of granite, erected in the years
     eighteen hundred and eighty-one to eighteen hundred and eighty-
     five, inclusive, by the aforesaid surveyors, at intervals of one
     mile, more or less, and numbered consecutively, along said line
     originally surveyed and marked in the years seventeen hundred
     and eighty-six and seventeen hundred and eighty-seven, beginning
     from the Delaware river, and severally marked on the north side
     with the letters "N. Y.," and on the south side with the letters
     "PA.," and along said line originally surveyed and marked in the
     year seventeen hundred and ninety, beginning at the shore of
     lake Erie, and severally marked on the east side with the
     letters "N. Y.," and on the west side with the letters "PA.,"
        III.  The new monuments of granite erected by the said
     surveyors, in the years eighteen hundred and eighty-one to
     eighteen hundred and eighty-five, inclusive, aforesaid, at the
     intervening points on said line, and at its intersection with
     public roads, railroads and rivers, and at other points, and
     severally marked on the one side with the letters "N. Y.," and
     on the other side with the letters "PA."
        IV.  A large monument of granite, erected in the year
     eighteen hundred and eighty-four by the said surveyors six
     hundred feet west of the center of the Delaware river in the
     said line originally fixed in the year seventeen hundred and
     eighty-six, to mark its eastern terminus; a large monument of
     granite erected in the year eighteen hundred and eighty-four by
     the said surveyors in the said line or meridian boundary, as
     originally fixed in the year seventeen hundred and ninety, one
     hundred feet north from its intersection with the line
     originally surveyed as aforesaid, in the year seventeen hundred
     and eighty-seven, which said point of intersection is marked by
     a small monument of granite buried in the center of the highway,
     in eighteen hundred and eighty-four by the said surveyors; and
     also a large monument of granite erected in the year eighteen
     hundred and sixty-nine by John V. L. Pruyn, George R. Perkins,
     Samuel B. Woolworth and George W. Patterson on the part of the
     State of New York, and William Evans on the part of the State of
     Pennsylvania, four hundred and forty feet south of the original
     monuments erected in the year seventeen hundred and ninety, by
     Andrew Ellicott aforesaid, upon the south shore of Lake Erie in
     the line originally surveyed and marked by him as aforesaid.
        V.  The field book of said surveyors containing the notes of
     the resurveys along said line in the years eighteen hundred and
     seventy-seven, eighteen hundred and seventy-eight and eighteen
     hundred and seventy-nine; also "the record of monuments"
     prepared by said surveyors, containing the descriptions of the
     locations of the several monuments erected by them, and of the
     witness marks thereto; also the maps of said line, and the
     vicinity thereof, showing the locations of said monuments; and
     also the "diary of operations" of said surveyors under the
     direction of the parties hereto; the same having been duly
     authenticated by the signature of the said surveyors, and the
     several documents and books of record containing the
     transactions of the parties hereto; all of which being placed on
     the file in the office of the Secretary of State of New York,
     and the office of the Secretary of Internal Affairs of
     Pennsylvania, shall constitute the permanent and authentic
     records of said boundary line, and are hereby adopted by the
     said parties hereto, and made a part of this agreement.
        VI.  This agreement shall become binding upon the two States
     when ratified by the Legislatures thereof, respectively, and
     when confirmed by the Congress of the United States. In witness
     whereof the said commissioners have hereunto set their hands and
     seals, in duplicate, the twenty-sixth day of March, eighteen
     hundred and eighty-six aforesaid:
        Executed in the presence of witnesses:
        As to Henry R. Pierson, Edward I. Devlin, H. R. Pierson, L.
     S.
        As to E. W. Leavenworth, H. W. Clarke, E. W. Leavenworth, L.
     S.
        As to Chauncey M. Depew, Edward I. Devlin, Chauncey M. Depew,
     L. S.
        As to C. M. Gere, A. D. Birchard, C. M. Gere, L. S.
        As to Robert N. Torrey, Andrew Thompson, Robert N. Torrey, L.
     S.
        WHEREAS, The Governor of this Commonwealth, under and by
     virtue of an act of the General Assembly, approved the
     eighteenth day of May, one thousand eight hundred and seventy-
     eight, appointed James Worrall, William W. Walker and James
     McCullough, commissioners to act in conjunction with similar
     commissioners of the States of Ohio and West Virginia, to
     examine as to the true locations of the monuments which mark the
     boundary lines between this Commonwealth and the said States of
     Ohio and West Virginia, and to replace any monuments that have
     been removed or have become misplaced on the said boundary
     lines;
        AND WHEREAS, In compliance with the said acts, the
     commissioners above named on the part of Pennsylvania and the
     State of New York, Joseph M. Rickey, James Mackey and Henry B.
     Perkins, commissioners on the part of the State of Ohio, and
     Joseph C. Gist, John T. Chipley and Francis L. Hoge,
     commissioners on the part of the State of West Virginia, have
     filed, in the department of Internal Affairs, final reports of
     their proceedings, accompanied with the surveyors' reports,
     chaining notes and maps, whereby it appears that the said joint
     commissioners resurveyed the lines between said States, and have
     examined as to the true location of the monuments, which marked
     the same, and caused the said lines to be plainly remarked by
     permanent stone monuments; therefore,
        Section 1.  Be it enacted, &c., That the said boundary lines
     so run and marked by the above-named (joint commission)
     commissioners on the part of this Commonwealth and the States of
     Ohio and West Virginia, and described in their reports, maps and
     accompanying documents, now remaining on file in the department
     of Internal Affairs, are hereby accepted and declared to be the
     true and just lines of boundary and jurisdiction between this
     Commonwealth and the States of Ohio and West Virginia, as
     aforesaid.
        Section 2.  The above-stated agreement, entered into by and
     between the commissioners on the part of this Commonwealth and
     the State of New York, which has been properly filed, is hereby
     ratified and confirmed, and the Governor of this Commonwealth is
     hereby authorized and required to transmit to the Governor of
     the State of New York a copy of this act, and, on receiving a
     notice of the ratification of said agreement by the Legislature
     of the State of New York, he shall cause such notice to be filed
     in the department of the Secretary of Internal Affairs.
        Section 3.  After receiving notice of the ratification and
     adoption of said agreement by the Legislature of the State New
     York, the Governor of this Commonwealth is hereby authorized and
     required, in concurrence with the Governor of the State of New
     York, to communicate to the Congress of the United States the
     action of the two States in relation to said boundary, and to
     request the approval and confirmation by the said Congress of
     the agreement so entered into by the said two States, and upon
     such approval, the above-stated agreement shall become binding
     and operative, and the said boundary line between this
     Commonwealth and the State of New York shall be fixed and
     established, as specified and provided for in the said
     agreement.
        APPROVED: The 6th day of June, A. D. 1887. But in approving
     this bill I call attention to the omission after the word
     "council," in the fifteenth line of the 4th page thereof, of the
     following words: "of said Commonwealth, in pursuance of an act
     of the General Assembly of said Commonwealth, entitled "An act
     to authorize and enable the Supreme Executive Council." This
     omission--the evident result of carelessness in the preparation
     of the bill--is not deemed sufficiently material to require the
     disapproval of the bill, especially in view of the fact that the
     contract recited was ratified by the State of New York a year
     ago, and should be submitted for the approval of Congress at its
     next sessions.