The Council advised his Honor to acquaint Governor Wentworth with the circumstances of this Affair as reported to him by Letter from the Sheriff of Albany ;'and that as the Parties were committed for an offence within the undoubted Jurisdiction of this Province, for which they are to answer in a legal course of Justice, he can do nothing further therein, than to recommend that the Bail demanded be moderate, and that the Controversy respecting the different claim of Boundary made by each Province, already lies before his Majesty, his Honor having lately transmitted his Representation thereupon to his Majesty.

Orper of the Governor and Council of New Yor, in Favor of the Occupants under New Hampsnire, who were settled before the 22:4 Day of May, 1765.

'At.a Council held at Fort George in the City of New York, on Wednesday the 22d day of May, 1765, PRESENT.

The Honorable CapwaLiaper Cotpen, Esq; Lieutenant overnor, &e.

Mr. Horsmanden, Mr.. Reade, Mr. Smith, Mr. Morris, Mr. Watts,

The Council taking into Consideration the Case of those Persons, who are actually settled under the Grants of the Government of Mew Hampshire, on lands Westward of Connecticut River, and Eastward of Hudson's River ; which, by his Majesty's Order in Council of the twentieth Day of July last are declared to be within the Jurisdiction of this Province ; and

VoL. Iv. 37

s

578 CONTROVERSY RESPECTING THE

that the dispossessing of such Persons might be ruinous to themselves and their Families, is of Opinion, and it is accordingly ordered by his Honour the Lieutenant-Governor, with the Advice of the Council, that the Surveyor General do not, until further Order make Return on any Warrant of Survey, already, or which may hereafter come to his Hands, of any Lands so actually possessed under such Grants, unless for the Persons in actual Possession thereof, as aforesaid ; and that a Copy hereof be served on said Surveyor-General.