Authorization of Acquisition and Cession of Jurisdiction Thereupon, During Use for Purposes Thereof, With Reservation of Right to Serve Process.

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§ 29. Authorization of acquisition and cession of jurisdiction thereupon, during use for purposes thereof, with reservation of right to serve process. The United States has been authorized to acquire the following tracts or parcels of land, and jurisdiction thereof has been ceded to the United States upon such acquisition on condition that the jurisdiction so ceded should not prevent the execution thereon of any process, civil or criminal, issued under the authority of the state, except as such process might affect the property of the United States therein, and that such jurisdiction shall continue in the United States so long only as the land shall be used and occupied for the purposes of cession, unless the consent of the state to a different use has been granted.

1. In the city of Brooklyn. A tract or tracts of land in and adjacent to the city of Brooklyn, described as follows: Commencing at the stone monument, No. 1, at the corner of Flushing avenue and the Williamsburgh road; thence S. 82° 25' W., 599 3/12 feet to stone monument No. 2; thence N. 82° 30' W., along Flushing avenue, 4,152 feet 6 3/4 inches to stone monument No. 3; thence N. 7° 16' E., along Navy street, 903 feet to the point J; thence N. 25° 39' W., 479 4/12 feet to point K; thence N. 40° 47' E., 1,357 7/12 feet to the point L; thence northeastwardly until it intersects the continuation of the Williamsburgh line at the point M, at the distance of 130 feet from the block; thence eastwardly by and with the said continuation of the Williamsburgh line to the center of the channel at the point N; thence along the center of the channel to the point O, at the intersection of the line A B, continued; thence S. 57° 30' E., to the point A, equidistant between two piles, driven at low water mark; thence S. 57° 30' E., 991 3/12 feet to the point B; thence S. 42° E., 1,025 feet to the point C; thence S. 35° 30' E., 200 feet to the point D; thence S. 29° E., 271 4/12 feet to the point E; thence S. 4° E., 189 3/12 feet to the point F; thence S. 34° 30' W., 93 feet to the point G, in the center of the Wallabout creek; thence along the center of said creek to the point H; thence S. 68° W., 244 feet to the point I; thence S. 0° 55' E., 219 5/12 feet to the commencement, at the monument No. 1; provided, nevertheless, that the city of Brooklyn shall not be deprived of any vested rights in and over Vanderbilt and Clinton avenues, as now laid out and graded, or the rights of sewerage which the said city may now possess over the property lying between the Naval Hospital grounds and the easterly boundary of the present navy yard.

The free, common and unrestricted use and navigation of the waters and channels of the Wallabout bay, from the westerly line of Vanderbilt avenue in front thereof, and extending therefrom easterly and northerly to the East river, is hereby reserved to the people of this state; and the United States shall not in any way or manner injure, affect or obstruct the free and entire use and navigation of the said channel, or the landing places or wharves at the foot of, or where Clinton and Vanderbilt avenues, or either of them, reach or may extend to the said channel. Such acquisition has been authorized for the purpose of a navy yard and naval hospital, according to the plan furnished by the naval department.

2. On Staten Island. A tract of land on Staten Island, Richmond county, owned by William H. Aspinwall, lying mainly between the lands of the United States and New York avenue, for the purpose of building and maintaining forts, magazines, arsenals and other necessary structures.

3. On Long Island. A tract or tracts of land on Long Island, Queens county, in a direction opposite Fort Schuyler, East river (and concurrent jurisdiction over all the shores, flats and waters contiguous to such lands, within 400 feet from low water mark, measured toward the channel, and over the land lying between high and low water marks), for the purpose of building and maintaining forts, magazines, dock-yards, wharves and other necessary structures and appendages.

4. On Long Island and Staten Island. A tract or tracts of land adjacent to Fort Hamilton, Kings county, and adjacent to Fort Tompkins in the town of Southfield, Staten Island, not exceeding 150 acres together with all the shores, flats and waters within 400 yards from low water mark, contiguous to such lands; for the purpose of erecting and maintaining thereon batteries, forts, magazines, wharves and other necessary structures with their appendages.

5. In Hudson river. Certain tracts of land under water in the Hudson river, for the purpose of erecting light-houses, beacon lights, range lights, or other aids to navigation, and light keepers' dwellings, and which the commissioners of the land office have been authorized to convey.

6. At sundry places for light-house purposes. Certain tracts of land in or near the Hudson river, for the purpose of the construction and maintenance of light-houses and keepers' dwellings, as follows:

1. For a beacon light on the eastern shore of the river near the lower end of Fish House bar.

2. For a beacon light on a dike above Fish House bar.

3. For a beacon light on the southern part of an island near Round shore.

7. At Danskamer point, near Orange county. A tract of land not exceeding one acre, situate at Danskamer point, on the western side of the Hudson river, at a point near the northern boundary of Orange county; and also a tract of land not exceeding 25 feet square, situate at the Narrow channel, on the west side of the Hudson river, in Greene county, distant about three-fourths of a mile due north of the Four-Mile point light-house, for the purpose of establishing and maintaining light-houses, fog signals or other aids to navigation.

8. Near Tarrytown. A tract of land under water in the Hudson river, in the vicinity of Tarrytown point, for the purpose of erecting a beacon light thereon, when the site thereof shall have been selected and approved by the commissioners of the land office and a description thereof filed in the office of the secretary of state.

9. Sister islands, St. Lawrence county. Certain tracts of land in St. Lawrence county, known and designated as the "Sister islands," being two islands situated near the most easterly point of Grenadier island, in Canada, for a site for a light-house and to be acquired by the United States before January 1, 1862.

10. At Ogdensburgh, St. Lawrence county. A tract of land in Ogdensburgh, St. Lawrence county, described as follows: That part of block No. 45, which block is bounded by State, Green, Water and Knox streets, between Knox street and a line drawn across said block from State to Water street, parallel with Knox street, and distant therefrom 145 feet 7 inches, and being 117 feet and 7 inches on Knox street, and 145 feet and 7 inches on State street, for the purpose of a custom-house and post-office with court-rooms.

11. At Hounsfield, Jefferson county. A tract of land known as Horse island, in the town of Hounsfield, Jefferson county, for the purpose of erecting and maintaining a light-house and other buildings connected therewith.

12. Near outlet of Lake Champlain. A tract of land near the outlet of Lake Champlain for a site for a fort, and which the commissioners of the land office have been authorized to convey accordingly.

13. Near mouth of Oswego river. A tract of land near the mouth of the Oswego river, Oswego county, known as the old fort, military and parade ground, for the purpose of re-establishing the military post, of rebuilding the fort, redoubts and barracks, of improving the parade grounds, and of the erection of a marine hospital, and which the commissioners of the land office have been authorized to convey accordingly. Any right, title or privilege granted by the United States to any railroad company to cross or occupy any portion of such lands, shall not be deemed a use contrary to the purposes of the cession thereof.

14. In the city of Buffalo. A tract or tracts of land in the city of Buffalo, for the erection of forts, magazines, arsenals, dock-yards and other needful buildings deemed necessary for the protection and defense of such city.

15. In Buffalo. A tract or tracts of land adjacent to, or in the vicinity of, the lands owned by the United States, and occupied on January 1, 1842, by the light-house in the city of Buffalo; for the purpose of erecting a fort, battery or other military works thereon, and which the commissioners of the land office have been authorized to convey accordingly.

16. At Black Rock, Erie county. Certain tracts of land in the south village of Black Rock, between Lake street or Broadway and the easterly line of the Buffalo and Black Rock railroad, or north of block 133, and between the Erie canal and Black Rock harbor, or lands adjacent thereto, reserving a free and uninterrupted use and control in the canal commissioners of all that may be necessary for canal and harbor purposes; for the purpose of erecting and establishing a fort, battery, barracks, parade ground or military post, and which the commissioners of the land office have been authorized to convey accordingly.

17. At Black Rock and Buffalo. A tract of land in the south village of Black Rock, Erie county, described as follows: Beginning at the northeast corner of Connecticut street and the Buffalo and Black Rock railroad, thence first in a northwesterly and next in a northerly direction along the easterly side of said railroad, to a short street leading from said railroad to Massachusetts street; thence along the south side of said short street to Broadway; thence along the west side of Broadway to Fifth street; thence along the southwest side of Fifth street to Rhode Island street; thence along the southeast side of Rhode Island street to Broadway; thence along the west side of Broadway to Fourth street; thence along the southwest side of Fourth street to Connecticut street; thence along the northwest side of Connecticut street to the place of beginning; or so much thereof as may be required by the United States of America, and necessary for the purpose of erecting and establishing a fort, battery, barracks, parade ground or military post; provided always that this state shall have the right to quarry, carry off, and use, for public purposes, the stone on the southwest side of the reserve, called the "Military square," and of the reserve immediately north thereof, until the bank shall have been penetrated by such quarrying to within 50 feet of the southwest side of Fourth street; the United States of America being allowed to quarry, carry off, and use so much stone in said quarry as may be deemed necessary for the construction of the contemplated defenses, together with all the buildings and other erections that may be connected therewith, and which the commissioners of the land office have been authorized to convey accordingly, and also all lands acquired by the United States prior to February 9, 1844, under any law authorizing proceedings in the nature of a writ ad quod damnum, or by purchase of lands in the city of Buffalo and village of Black Rock, and all those streets, lanes and alleys between blocks Nos. 186, 167 and 168 in said village, and between such blocks and the premises above in this subdivision described.

18. In Sackett's Harbor. Such lands in the village of Sackett's Harbor, county of Jefferson, for the erection of forts, magazines, arsenals, dock yards and other needful buildings as the government of the United States may deem necessary, and on the property owned or to which it has or may acquire title.



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