§ 28 — Cession during use for purposes thereof, with reservation of right to serve process

New York § 28

• Jurisdiction: New York
• Law STL: State
• Art. 3: Cessions to the United States

Text

§ 28. Cession during use for purposes thereof, with reservation of\nright to serve process. Title and jurisdiction to the following tracts\nor parcels of land have been ceded to the United States by this state,\non condition that the jurisdiction so ceded should not prevent the\nexecution thereon of any process, civil or criminal, issued under the\nauthority of the state, except as such process might affect the property\nof the United States therein, and that such jurisdiction shall continue\nin the United States so long only as the land shall be used and occupied\nfor the purposes of cession, unless the consent of the state to a\ndifferent use has been granted.\n 1. In the city of New York. A tract or tracts of land, and land under\nwater in the city of New York, not exceeding two hundred and fifty feet,\nbeing a portion of the eastern end or extremity of the lands and lands\nunder water, formerly known as the Battery extension, including the open\nslip or basin at the easterly end thereof, together with a right of way\nor passage not less than seventy-five feet in width, from such lands\nover and across the lands adjacent thereto, known as the Battery ground,\nwhich the mayor, aldermen and commonalty of the city of New York have\nbeen authorized to convey to the United States, acquired for the purpose\nof erecting and establishing a barge office and other suitable buildings\nand structures for the transaction of the public business connected with\nthe United States revenue service, and for the landing of revenue and\nother government boats and barges, for the use, accommodation and\nconvenience of the United States custom-house for the port of New York,\nthe title of this state in which the commissioners of the land office\nhave been directed to convey.\n 2. In Kings county. Two certain tracts of land in Kings county,\ndescribed as follows: All that certain tract, piece or parcel of upland,\nsalt meadow and marsh, bounded as follows: Beginning at the corner of\nthe Wallabout bridge road, and the road leading to Williamsburgh, and\nrunning from thence westerly along the bridge road and land of John\nRyerson, to a corner; thence westerly along the land of John Ryerson, to\na corner; thence westerly along the same and a small creek in the\nmeadow, to the Wallabout bay; thence northerly by the said Wallabout\nbay, to the Wallabout creek; thence easterly by the creek aforesaid to\nthe south corner of the dock; thence westerly by land of Ida Schenck and\nthe dock, including the road sixty feet (the road to be for the use of\nthe parties interested in the dock and landing); thence 140 feet to the\nroad leading from Williamsburgh to a corner eighty-eight feet from the\ncreek; thence along said road southerly to the place of beginning,\nexcepting and reserving to Francis Skillman, his heirs and assigns, one\nundivided half of the dock, and a privilege of a landing at the dock for\nthe owner or occupant of the farm adjoining the herein described\npremises, lately sold to Charles Bostwick, esquire. Also, all that\ncertain piece of land and meadow on the easterly side of the road to\nWilliamsburgh, beginning against the road at the bridge, and running\nfrom thence easterly and southerly by the Wallabout creek to a stake at\nthe said creek; thence westerly to a notched post against the road;\nthence northerly along the road to the place of beginning, altogether in\nupland, salt meadow and marsh about thirty-three acres, according to a\nsurvey and map of the said lands, made by Jeremiah Lott, in the month of\nApril, 1824. The tracts of land, the jurisdiction whereof is hereby\nceded, being the same which were, by an indenture bearing the date the\n1st day of July, 1824, conveyed by Sarah Schenck, widow of Martin\nSchenck, Jane Schenck, widow of Jeromus Schenck, Jacob Harris and Ida\nhis wife, and Isaac Harris and Mary Ann his wife, all of the county of\nKings, and state of New York, to the secretary of the navy, the\nsecretary of the treasury, and the secretary of war, for the time being,\ncommissioners of navy hospitals, and to their successors and assigns\nforever. These cessions were made for the purpose of erecting and\nmaintaining a navy hospital and other necessary edifices and buildings.\n 3. At Prince's bay, Richmond county. A tract containing about eight\nacres and three-quarters of an acre of land, situated at Prince's bay,\nin the town of Westfield and county of Richmond, and bounded as follows:\nEasterly and southerly by the bay at high water mark, as patented to the\noriginal proprietors; westerly by Richard Lafourge's land; and northerly\nby land belonging to the estate of Israel R. Dissosway, deceased; being\npart of the estate whereof he died seized, acquired for the purpose of\nerecting a light-house thereon.\n 4. On Staten Island. A tract of land not exceeding one acre in extent,\non the lands belonging to the state, on and near the southeastern point\nor projection of Staten Island; to be laid out in such a manner as not\nto interfere with the appropriate uses of the military grounds of Fort\nTompkins; acquired for the purpose of erecting a lighthouse thereon.\n 5. In Raritan bay. A tract of land under water in Raritan bay,\ndescribed as follows: The site is on the edge, or southeastern extremity\nof the shoal known as the Great Beds, which makes out from the New\nJersey shore at the intersection of the Raritan river and Perth Amboy\nchannels, and is embraced within a circle seven hundred feet in\ndiameter, the center point of which is distant three-fourths of a mile\nin a course south twenty-two degrees west from the southwest gable of\nthe dwelling-house of B. C. Butler, at Ward's point, on the southerly\nshore of Staten Island, and contains 8.83 of an acre in area, as shown\non a map and description which have been filed in the office of the\nsecretary of state of this state, acquired for the purpose of erecting a\nlight-house thereon.\n 6. In Fisher's Island sound. A tract of land under water in Fisher's\nIsland sound, described as follows: The area embraced within a circle\nseven hundred feet in diameter, the center of which shall be the spindle\nthat marked the site of "Latimer's reef" on January first, 1883,\nacquired for the purpose of erecting a light-house thereon.\n 7. At Gardiner's island, Suffolk county. A tract of land on Gardiner's\nisland, Suffolk county, described as follows: All that part of the north\npoint of Gardiner's island aforesaid, lying northwest of a line\ndescribed, and running as follows, to wit: Starting from a stake on a\nsand ridge, and running thence N. 56Á E., and S. 56Á W., to the waters\non each side of the said point or beach respectively, and bounded\nnortherly, easterly and westerly by the waters of Gardiner's bay, and\nsoutheasterly by the beach at the aforesaid line, containing about\nfourteen acres more or less, acquired for the purpose of erecting and\nmaintaining thereon a light-house and other necessary buildings.\n 8. At Rye, Westchester county. A tract of land in the town of Rye,\nWestchester county, on Captain's island, described as follows: Beginning\nat a marked rock, near a rock called Lightning rock, and running on the\nsouthern and eastern shore N. 75Á 30' E., 63 links; thence N. 41Á E., 3\nchains 40 links; thence N. 84Á 45' E., one chain 88 links; thence N. 89Á\nE., 3 chains 80 links; thence N. 27Á 45' E., 3 chains 53 links; thence\nN. 54Á W., 71 links to a stone bound by the bank at high water mark;\nthence west, crossing the island to the pond where a stone bound is\nerected at high water mark, thence running by the southeast side of the\npond, S. 40Á W., 75 links; thence S. 52Á 15' W., one chain 92 links;\nthence N. 52Á 45' W., 74 links; thence S. 13Á 30' W., 2 chains 78 links;\nthence S. 49Á W., 80 links, to a pine stump by the side of the pond;\nthence S. 19Á W., one chain nine links, across a point of land to the\nplace of beginning, but not to contain any part of the pond, acquired\nfor the purpose of erecting and maintaining thereon a light-house and\nother necessary buildings.\n 9. At Watervliet, Albany county. A tract of land in the town of\nWatervliet, Albany county, described as follows: Beginning at an elm\ntree standing on the west bank of the Hudson river, in the village of\nGibbonsville, thence running, by the magnetic meridian in 1828, N. 68Á\nW., 18 chains and seventeen links, to a stone in the ground marked U.S.\nNo. 6; thence S. 22Á W., 10 chains and 76 links, to a stone in the\nground, marked U.S. No. 7; thence N. 68Á W., 12 chains 81 links, to a\nstone in the ground, marked U.S. No. 2, at the south side of a new road\ncalled the Shaker road; thence along the said road S. 72Á W., 4 chains\nand twenty-nine links, to a stone in the ground, marked U.S. No. 3, also\non the south side of said road; thence S. 22Á W., 6 chains and\nthirty-four links to a stone in the ground, marked U.S. No. 4; thence S.\n68Á E., 35 chains and eighty links, to the west shore of the Hudson\nriver at low water mark; thence up the said stream, along low water\nmark, till the place of beginning bears N. 68Á W., thence from the low\nwater mark N. 68Á W., to the place of beginning, together with all the\nland under water lying opposite and easterly of the described premises,\nwhich has been heretofore granted by letters patent to James Gibbons, by\nthe people of the state of New York; the evidences of the several\npurchases of the land which is hereby ceded, being recorded in the\noffice of the clerk of the county of Albany; but always excepting and\nreserving out of the lands above described, the land occupied by the\nErie canal, one rod on each side thereof, and also the public highway,\nacquired for the purpose of erecting and maintaining thereon arsenals,\nmagazines, dock yards and other necessary buildings.\n 10. In towns of Theresa and Antwerp, Jefferson county, for fish\nhatchery. Such lands and the rights of way thereto in the towns of\nTheresa and Antwerp, Jefferson county, as said United States may need,\nrequire and secure for the purposes of a United States fish hatchery,\nand the land under the waters of Moon lake in said towns and county, and\nof the creeks and their water running into and from said lake, and of\nthe lands bordering on said lake and creeks one hundred feet back from\nhigh water mark on the shore of said lake, and one hundred feet each\nside of the said creeks from their center. And jurisdiction is also\nfurther ceded to said government of such lands in said towns as may\ncontain springs which it may secure for the purposes of furnishing water\nfor such hatchery; the total amount of land over which jurisdiction is\nhereby ceded shall not exceed one thousand acres, exclusive of the land\nunder the waters of said lake, and such jurisdiction shall continue so\nlong as said government shall operate and maintain a fish hatchery in\nthe said towns and no longer; and provided at all times civil and\ncriminal processes of the New York state courts may be served on said\nlands.\n