NY State L § 6 (2021)
2021 New York Laws STL - State Article 2 - State Boundaries 6 - Pennsylvania Boundary Line.

§ 6. Pennsylvania boundary line.  The boundary line between the states   of New York and Pennsylvania is as follows:Commencing  at said intersection of said meridian line of cession, and   running thence south to the shore of Lake Erie at initial  monument  set   by  A.  Ellicott in 1790 as above; thence true south 440 feet to a large   monument of Quincy granite, set in 1869, in latitude 42° 16' 5.39",  and   longitude  79°  45' 45.26", as deduced by the United States lake survey,   marked 1869, latitude  42°  15'  57.9",  longitude  79°  45'  54.4",  by   commissioners  duly authorized on the part of the states of New York and   Pennsylvania as stated in reports  of  regents  boundary  commission  in   1886;  thence  south on said meridian line 13.895 miles to Fourteen Mile   point; thence south 4.647 miles at an  angle  of  4'  west  to  a  large   terminal  monument;  thence  on  the same line 100 feet to the southwest   corner of New York marked by monument (in  latitude  42°  0'  1.42",  as   determined  by  state  survey)  set  in 1787 by A. Hardenburgh and W. W.   Morris, commissioners on the part of New York, and A.  Ellicott  and  A.   Porter,  commissioners  on  the part of Pennsylvania; thence due east on   parallel of latitude of 42°, as surveyed and marked by monuments by said   commission, to the ninetieth mile stone erected in 1786 by James Clinton   and Simeon De Witt, commissioners on the part of New  York,  and  Andrew   Ellicott,  commissioner on the part of Pennsylvania, on the west side of   the south branch of the Tioga river in latitude 42° 0' 1.3"  as  deduced   by  the  state surveyor in 1879; thence due east on line established and   marked by the last mentioned commission to a  point  in  the  center  of   Delaware  river,  such  line  passing through a monument set in the year   1884 by H. W. Clarke, surveyor, on the part of the state  of  New  York,   and  C. M. Gere, surveyor, on the part of the state of Pennsylvania, and   located six hundred feet west of the center of said river  (all  of  the   above  line  passing through monuments placed between the years 1881 and   1885 by said H. W. Clarke and C. M. Gere, of which a schedule  is  given   in  their report to the commission appointed by virtue of the provisions   of chapter three hundred and forty of the laws of eighteen  hundred  and   eighty,  and dated December 1, 1885, showing angular deflections at each   mile  stone,  with  distances  between  each,  summarized  as   follows:   Southwest  state  corner  to  Chautaugua  county corner 36.090 miles; to   Cattaraugus county corner 38.743 miles; to Allegany county corner 28.769   miles; to Steuben county corner (mile post eighty-two) 40.411 miles;  to   Tioga  county  corner,  on  the  left  bank of the Chemung river, 21.066   miles; to Broome county corner  23.387  miles;  to  the  center  of  the   Delaware  river  38.396  miles;  thence  down the center of the Delaware   river about eighty-five miles to its junction with the Neversink  river;   each  of  the  states  of  New  York  and Pennsylvania having concurrent   jurisdiction within and upon the waters of  that  portion  of  the  main   channel  of  the Delaware river between the lines of low water at either   bank thereof; then S. 51° E. on prolongation of  boundary  line  between   New  York  and New Jersey, to "tri-state monument," set in 1882 by joint   commission, over bolt in bare lime-stone rock near the confluence of the   Neversink and Delaware rivers as settled in 1769 by commission appointed   by king of Great Britain, and marked by a crow foot cut into  its  upper   face,  in  latitude 41° 21' 22.63", and longitude 74° 41' 40.70" west as   determined by the United States coast survey in 1874. The said metes and   bounds are in accordance with  and  subject  to  the  agreement  between   commissioners  of  the  states  of New York and Pennsylvania, which took   effect August 19, 1890, the date of the approval of the act of  Congress   consenting  thereto.  The ratification and confirmation by this state of   such agreement is continued in force. The following is a  copy  of  such   agreement: "An agreement made the twenty-sixth day of March, in the year eighteen   hundred  and  eighty-six, between Henry R. Pierson, Elias W. Leavenworth   and Chauncey M. Depew, commissioners on the part of  the  state  of  New   York,  and Christopher M. Gere and Robert N. Torry, commissioners on the   part of the state of Pennsylvania.WHEREAS,  By the first section of chapter four hundred and twenty-four   of the laws of the state of New York, for the year eighteen hundred  and   seventy-five,  the  regents  of  the university of the state of New York   were authorized and directed to resume the work of  'examination  as  to   the  true location of the monuments which mark the several boundaries of   the state,' as authorized by the  resolution  of  the  senate  of  April   nineteenth, eighteen hundred and sixty-seven, and in connection with the   authorities  of  Pennsylvania,  to  replace any monuments which may have   become dilapidated or been removed on the boundary line of  that  state;   and,WHEREAS,  The  said  board  of regents of the university did through a   committee of said board, previously appointed  for  the  purpose,  under   said  senate  resolution of eighteen hundred and sixty-seven, proceed to   carry out the instructions contained in said chapter  four  hundred  and   twenty-four of the laws of eighteen hundred and seventy-five; and,WHEREAS,  By  chapter  three hundred and forty of the laws of the said   state of New York for the year eighteen  hundred  and  eighty  the  said   regents  of  the  university  were  further  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 state of Pennsylvania, and with  such  last-named  commissioners  as   soon  as  may be, to proceed to ascertain and agree upon the location of   the boundary line between said states,  as  originally  established  and   marked  with  monuments, and in case any monuments are found dilapidated   or removed from their original location, to replace them  in  a  durable   manner  in  their  original  position,  and  to  erect  such  additional   monuments at such places on such lines as they may  deem  necessary  for   the proper designation of the boundary line between said state; and,WHEREAS,  The  above-named  Henry R. Pierson, Elias W. Leavenworth and   Chauncey M. Depew were by resolution passed on  the  thirteenth  day  of   July,  eighteen hundred and eighty, duly designated and appointed by the   said regents of the university of the state of New York as commissioners   on the part of the state of New York for the purposes mentioned in  said   act; and,WHEREAS,  Also,  by  an  act  of  the  legislature  of  the  state  of   Pennsylvania, entitled 'An act in regard to the  boundary  monuments  on   the  line  between  the  state  of  Pennsylvania  and  New York, with an   appropriation for expenses of the same,'  passed  May  eighth,  eighteen   hundred  and  seventy-six, the governor of the state of Pennsylvania was   authorized and empowered 'to appoint three persons to be a commission to   act in conjunction with a similar commission of the state of  New  York,   to  examine  as  to  the  true  location of the monuments which mark the   boundary line between this state and the  state  of  New  York,  and  in   connection with said commission of the state of New York, to replace any   monuments  which  may  have  been  dilapidated  or  been  removed on the   boundary lines of said states'; and,WHEREAS, The governor of the state of Pennsylvania, under authority of   said act, did duly designate and appoint James Worrall,  Christopher  M.   Gere  and  Robert  N. Torry, to be a commission for the purposes of said   act; and,WHEREAS, James Worrall, the first-named  member  of  said  commission,   died  during  the progress of the work on said boundary line; to wit, on   April  first,  eighteen  hundred  and  eighty-five,  and  the  surviving    members, to wit: Christopher M. Gere and Robert N. Torry, have continued   the work of said commission on the part of the state of Pennsylvania, as   authorized by the aforesaid act.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:First. 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 eighteen 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  eighteen  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.Second.  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  milestone,  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 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  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 milestone 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 where 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 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 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.Third. 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 two said states, so far as   said  line  so surveyed and marked in seventeen hundred and ninety shall   extend.Fourth. 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 other 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 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 years 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.Fifth.  The  field  book of said surveyors containing the notes of the   re-surveys  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 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 parties   hereto, and made a part of this agreement.Sixth. 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. Torry: Andrew Thompson,--- Robert N. Torry, L. S. "