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.

810 CONTROVERSY RESPECTING THE

1st That such persons who claim possession vf Lands under Grants from New York within the limits of any of the Townships antiently established by the Government of the Massachusetts Bay have the first choise of such a quantity of the said Lands as shall be equivalent to the quantity Granted within the said Townships excepting only in case of actual Improvement upon such Grants they shall receive fifty for every three acres so improved as has already [been] suggested.

Qndly That all commissioned and non commissioned Officers and Soldiers who have in consequence of the Proclamation of 1763 obtained Warrants of Survey from the Government of New York for Lands within the District between Hudson and Connecticut Rivers and who have not been able to compleat their Grants on account of the restriction contained in his Majestys Instructions to his Governor of New York should be confirmed in the possession of those Lands by immediate Grants provided such warrants of Survey do not include Lands that have been actually settled and improved under some former Grant either of the Governor of New-York or of the Governor of New Hampshire in which Case it might be reasonable to grant to the said Officers and Soldiers an equivalent in some other part of the District. siti