34, That where lands have heretofore been granted by New- Hampshire and Massachusetts-Bay, or either of them, and actually possessed in consequence thereof, and being so possessed, were, afterwards, granted by MVew-York, such possessions shall be confirmed ; the posterior grant under Vew- York, notwithstanding.

Provided always, That nothing in the above regulations contained, shall be construed to determine any question of title or possession, that may arise between different persons claiming under Vew-Hampshire or Massachusetts-Bay, or between persons claiming under Mew-Hampshire on the one, and under Massachusetts-Bay on the other part, independent of any right or claim under JVew- York.

4th That, with respect to all such cases, concerning the aforesaid controverted lands, as cannot be decided by the rules exhibited in the aforegoing articles, or some one of them, the Legislature. of the State of Mew-York, will provide for the | determination of the same, according to the rules of justice and equity, arising out of such eases Se ewe without adhering to the strict rules of law.

5th. That in all cases, whete grants or eBnftidations shall become necessary, on acceptance of the above overtures, such grants or confirmations, shall issue to the grantees, at, and after, the rate of five pounds for a grant or confirmation of three hundred acres or under; and for every additional hundred acres, the additional sum of sixteen shillings; except in cases where lands shall be granted or confirmed to divers persons in

954 CONTROVERSY RESPECTING THE

one entire tract ; in which case, the grants shall issue, respectively, for fifteen pounds each; which allowances shall be in lieu of all other fees or perquisites whatsoever.