into the city of New York, such lands so improperly used or not so required, shall become revested in the individual from whom the said Corporation obtained it, as fully and perfectly as though the act hereby amended had never been enacted, upon repaying to said Corporation the amount originally paid for the same, after deducting from such amount the damage sustained by such individual, by reason of any alteration or work which the said Corporation may have made upon said land. 3. The Corporation of the city of New York shall, at the expense of the said Corporation, erect and sustain all fences which may be required to protect said works from injury. 4. The Corporation of the city of New York shall, at the expense of the said Corporation, erect and sustain convenient passes across or under the aqueduct to be erected by virtue of the act hereby amended, whenever said aqueduct shall intersect the land in the said county of Westchester, belonging to an individual or individuals, for the farming and other purposes of the land thus intersected. 5. So much and such parts of the act hereby amended, as is inconsistent with this act, is hereby repealed.

This concession did not satisfy the complainants along the line, and at a public that the taking of the meeting held at Tarrytown, it was resolved, among other things, lands of individuals as authorised by the state law, was unconstitutional and ought to be to the Supreme Court of the U. S. resisted, and that the case should be carried up