The claim that in the second place seems to us to merit attention is that of those persons who in consequence of the Grants from the Governor of New Hampshire, have made actual Settlement and Improvement of any Lands not comprehended within the limits of the possessions above stated; for however disputable their titles may be upon the Ground of the Grants themselves yet there always has been & we think there always ought to be in the Plantations an attention to actual Settlement and Improvement, that in cases where the possession does not interfere with the Rights of others ought to have preference to any other consideration ; and therefore we think, that persons under this description ought to be left in entire possession of such Lands as they have actually cultivated andimproved subject to no other condition or reservation either of Quit-Rent or otherwise than what is contained in the Grants under which they claim.

The third Claim and indeed the only remaining one which appears tous to merit particular indulgence is that of the reduced: officers and Soldiers, as well those comprehended within the petition referred tous by your Lordships as all others under the like circumstances who may have obtained warrants from the Government of New York for the survey of Lands to them in this district the possession of which Lands has been obstructed by the pretensions of those claiming under the New Hampshire » Grants ; and with regard to these persons we cannot but be of opinion that no time should be lost in carrying their Grants into effect, provided however that the surveys under which they claim do not include Lands which were actually & bona fide settled and improved by persons claiming under Grants from the