Pennsylvania Act 1786-1234 (session 2) — STATE BOUNDARIES - NEW JERSEY - DELAWARE RIVER ISLANDS

Act text

AN ACT

To distribute and annex the jurisdiction of this commonwealth upon the river Delaware, below the Station point, and to certain islands within the same, to the counties of Northampton, Bucks, Philadelphia and Chester.

Section 1. WHEREAS, in and by an act of General Assembly of this state, entitled "An Act to ratify and confirm an agreement, made between commissioners appointed by the legislature of the state of New-Jersey and commissioners appointed by the legislature of the state of Pennsylvania, for the purpose of settling the jurisdiction of the river Delaware, and islands with the same, "which act was published on the twentieth day of September, Anno Domini one thousand seven hundred and eighty-three, an agreement between the state of Pennsylvania of the one part, and the state of New-Jersey of the other part, made and concluded by commissioners acting in behalf of the said states respectively, whereby inter alia, it was agreed and established, that all islands, islets and dry lands, within the bed and between the shores of the said river, and between the Station point, northerly, and the Falls of Trenton, southerly, &c. was ratified and confirmed, whereby certain islands, therein enumerated and described, were to be deemed and considered as parts and parcels of Pennsylvania: And whereas George Wall, John Okely, and Jonas Hartzel, commissioners on the part of the state of Pennsylvania, and Moore Furman, Esquire, commissioner on the part of the state of New-Jersey, who have been since appointed to distinguish the several islands within the bed of the same river, between the Station point, northerly, and the Falls of Trenton, and to declare which of the same islands, on the principle aforesaid, belong to each of the said states respectively, have caused an actual survey to be made of the said river, from the said Station point, northerly, to the Falls aforesaid, and have reported and returned a draught of the same river and islands to the President in Council, whereby it appears that the following islands within the said river, and northerly of the Falls of Trenton, belong to and are part of this state; that is to say, opposite to the county of Bucks and townships hereafter named; opposite to the Falls township, Bird's island; opposite Lower Makefield township, Slack's three islands, Dun's Island, and Harvey's lower island; opposite to Upper-Makefield township, Harvey's upper island, and Lownes's island; opposite to Solebury township, Smith's island and bar, and Paxton's island and bar; opposite to Tinnicum township, Prall's two islands, Wall's island, Resolution island, Marshall's island; Wall's two islands, Fishing island, and Pennington's island; opposite to Nockamixon township, Laughly's island; and opposite to the county of Northampton, and the townships hereafter named, that is to say, opposite to Williams township, Pohatcung island, Shoemaker's island, and Loor's island; opposite to the Forks township, Easton island; opposite to Mount Bethel, Mason's island and bar, Mason's island, Foul Rift island, M'Ilhenney's island, and Attin's two islands; opposite to Lower-Smithfield, Handie's island and bar, Goodwin's two islands, Shawanaugh's island and bar, Vancampen's island, Nicholas Depui's island, and two bars, Chambers' island, and Vanoken's island; opposite to Delaware township, Swartwood's island, and Isaac Vancampen's Island; opposite to Upper- Smithfield township, Punkey's island and five bars.

Section 2. Be it therefore enacted, and it is hereby enacted by the Representatives of the Freemen of the commonwealth of Pennsylvania, in General Assembly met, and by the authority of the same, That the following islands, viz. opposite the county of Bucks, and townships hereafter named; opposite to the Falls township, Bird's island; opposite Lower-Makefield township, Slack's three islands, Dun's island and Harvey's lower island; opposite to Upper-Makefield township, Harvey's upper island and Lownes's island; opposite to Solebury township, Smith's island and bar, and Paxton's island and bar; opposite to Tinnicum township, Prall's two islands, Wall's island, Resolution island, Marshall's island; Wall's two islands, Fishing island, and Pennington's island; opposite to Nockamixon township, Laughly's island; and opposite the county of Northampton, and the townships hereafter named, that is to say, opposite to William's township, Pohatcung island, Shoemaker's island, and Loor's island; opposite to the Forks township, Easton island; opposite to Mount Bethel, Mason's island and bar, Mason's island, Foul Rift island, M'Ilhenney's island, and Attin's two islands; opposite to Lower-Smithfield, Handie's island and bar, Goodwin's two islands, Shawanaugh's island and bar, Vancampen's island, Nicholas Depui's two islands and bars, Chambers's island and Vanoken's island; opposite to Delaware township, Swartwood's island, and Isaac Vancampen's Island; opposite to Upper- Smithfield township, Punkey's island and five bars; lying and being within the bed of the river Delaware, and between the shores of the same river, and northerly of the Falls of Trenton, so ascertained and distinguished by the commissioners, last mentioned, as parts and parcels of this state, shall be forever henceforth deemed, adjudged and established, to belong to this state, and shall be subject to the jurisdiction thereof, as of the bodies of the counties and townships or precincts of the same, to which the said islands, together with all other dry land within the bed of the same river, belonging to this state, are by this act, or by virtue of this act shall be annexed. And to the end that justice may be done, in cases civil as well as criminal, and against persons offending upon the said river, or upon any island or dry land within the same, and belonging to this commonwealth.

Section 3. Be it enacted by the authority aforesaid, That the bed of the same river, and the islands and dry land within the same, so as aforesaid assigned to and belonging to this state, lying and being northerly of a north-easterly line from the extremity of the boundary line between the counties of Bucks and Northampton, at the bank of the river Delaware, to be extended across the said river unto the shore of New-Jersey, shall be deemed to be, and shall be henceforth, parts of the county of Northampton, and of the several adjoining townships and precincts of the same county, lying along the said river; and that the bed of the same river, and the islands and dry land within the same, so as aforesaid assigned and belonging to this state, lying southerly of the line last aforesaid across the said river, and northerly of a line from the extremity of the boundary of the counties of Bucks and Philadelphia, at the bank of the river Delaware, across the said river, by a south-east course, to the shore of the State of New-Jersey, are annexed to and shall be deemed to be, and shall henceforth be, parts of the county of Bucks, and of the several adjoining townships and precincts of the same county, lying along the said river.

Section 4. And that the bed of the same river, and the islands and dry land lying within the same, so as aforesaid assigned to this state, lying and being northerly of a line from the extremity of the boundary line of the counties of Philadelphia and Chester, at the bank of the river Delaware, to be extended across the same river, by a south south-east course, to the shore of the state of New-Jersey, are annexed to and shall be deemed to be, and shall henceforth be, parts of the county of Philadelphia, and of the several adjoining townships and precincts of the same county, lying along the said river.

Section 5. And the residue of the bed of the same river, and the islands and dry land within the same, so as aforesaid assigned to this state, and being south-westerly of the line herein last before described, are annexed to and shall be deemed to be, and henceforth shall be, parts of the county of Chester, and of the several adjoining townships and precincts within the same county.

Section 6 Provided nevertheless, That the whole of Hogg-island, which lies opposite to the said boundary of Philadelphia and Chester counties, and of the marshes surrounding the said island, is hereby annexed to and shall be deemed to be part of the count of Chester, and of the nearest township of the same county.

Section 7. And be it further enacted by the authority aforesaid, That the jurisdiction of this commonwealth, and of the respective counties to which the bed of the same river, and the islands and dry land within the same, is by this act annexed as aforesaid, as far as the same shall be consistent with the agreement herein before recited, made between the states of Pennsylvania and New-Jersey, shall be full and complete; and all writs and warrants, and process, duly issued within the said counties respectively, shall have force and operation, and may be executed with the river, islands and dry land, as parts of the same counties, by the proper Sheriffs and other officers of the same counties. And if any difficulty arise concerning the townships, to which the said islands or other dry land within the said river belongs, the same shall be adjusted by the Justices of the peace of the proper county at their General Quarter Sessions, and they shall determine the same, so as that no island in the said river be divided between two townships or precincts, but the same shall be annexed to the township which would, by dividing the same, be entitled to the major part of such island.

Compiler's Note: Section 28 of Act 207 of 2004 provided that any and all references in any other law to a "district justice" or "justice of the peace" shall be deemed to be references to a magisterial district judge.

Section 8. And be it further enacted by the authority aforesaid, That the President in Council shall direct the respective commissioners of the several counties aforesaid, to have the lines aforesaid across the Delaware ascertained and fixed by lasting marks on the shore of the river Delaware, at the charge of the adjoining counties.