With regard to those grants made by the governor of New York, which fall within the second description, and upon which any actual improvement has been made; they do appear to us to deserve the same consideration; and that the proprietors thereof ought not to be disturbed in their possessions, whether that improvement be to a greater or lesser extent. But we beg leave to observe to your Lordships, that, in both these cases, no consideration ought to be had to any claim, where it shall appear that no regular possession has ever been taken, and-no actual settlement ever been made.

With regard to those townships, which fall within the last mentioned description, we submit to your Lordships our opinion; That, provided such townships do not include lands within the limits of some antecedent grant, upon which actual improvement has, at any time, been made, it would be advisable that they should be confirmed as townships, according to the limits expressed in grants thereof; and that all persons having possession of any shares in the said townships, whether as original grantees, or by purchase or conveyance, and upon which shares any actual improvement or settlement has been made, ought not, in justice, to have been, or to be, in future, disturbed in the possession of such shares; nor ought they to be bound to any other conditions, whether of quit rent or otherwise, than what is contained in the grant.

Having thus stated to your Lordships every case that appears to us to deserve consideration on the Ground of legal title followed by actual Settlement and Improvement we do not hesitate to submit to your Lordships our opinion that all other lands whether the same be or be not contained within the limits of any Township or of any other Grant whatever and of which no possession has ever been taken or any actual Settlement or Improvement made should be disposed of in manner following.