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SECTION 28
Cession during use for purposes thereof, with reservation of right to serve process
State (STL) CHAPTER 57, ARTICLE 3
§ 28. Cession during use for purposes thereof, with reservation of
right to serve process. Title and jurisdiction to the following tracts
or parcels of land have been ceded to the United States by this state,
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 New York. A tract or tracts of land, and land under
water in the city of New York, not exceeding two hundred and fifty feet,
being a portion of the eastern end or extremity of the lands and lands
under water, formerly known as the Battery extension, including the open
slip or basin at the easterly end thereof, together with a right of way
or passage not less than seventy-five feet in width, from such lands
over and across the lands adjacent thereto, known as the Battery ground,
which the mayor, aldermen and commonalty of the city of New York have
been authorized to convey to the United States, acquired for the purpose
of erecting and establishing a barge office and other suitable buildings
and structures for the transaction of the public business connected with
the United States revenue service, and for the landing of revenue and
other government boats and barges, for the use, accommodation and
convenience of the United States custom-house for the port of New York,
the title of this state in which the commissioners of the land office
have been directed to convey.

2. In Kings county. Two certain tracts of land in Kings county,
described as follows: All that certain tract, piece or parcel of upland,
salt meadow and marsh, bounded as follows: Beginning at the corner of
the Wallabout bridge road, and the road leading to Williamsburgh, and
running from thence westerly along the bridge road and land of John
Ryerson, to a corner; thence westerly along the land of John Ryerson, to
a corner; thence westerly along the same and a small creek in the
meadow, to the Wallabout bay; thence northerly by the said Wallabout
bay, to the Wallabout creek; thence easterly by the creek aforesaid to
the south corner of the dock; thence westerly by land of Ida Schenck and
the dock, including the road sixty feet (the road to be for the use of
the parties interested in the dock and landing); thence 140 feet to the
road leading from Williamsburgh to a corner eighty-eight feet from the
creek; thence along said road southerly to the place of beginning,
excepting and reserving to Francis Skillman, his heirs and assigns, one
undivided half of the dock, and a privilege of a landing at the dock for
the owner or occupant of the farm adjoining the herein described
premises, lately sold to Charles Bostwick, esquire. Also, all that
certain piece of land and meadow on the easterly side of the road to
Williamsburgh, beginning against the road at the bridge, and running
from thence easterly and southerly by the Wallabout creek to a stake at
the said creek; thence westerly to a notched post against the road;
thence northerly along the road to the place of beginning, altogether in
upland, salt meadow and marsh about thirty-three acres, according to a
survey and map of the said lands, made by Jeremiah Lott, in the month of
April, 1824. The tracts of land, the jurisdiction whereof is hereby
ceded, being the same which were, by an indenture bearing the date the
1st day of July, 1824, conveyed by Sarah Schenck, widow of Martin
Schenck, Jane Schenck, widow of Jeromus Schenck, Jacob Harris and Ida
his wife, and Isaac Harris and Mary Ann his wife, all of the county of
Kings, and state of New York, to the secretary of the navy, the
secretary of the treasury, and the secretary of war, for the time being,
commissioners of navy hospitals, and to their successors and assigns
forever. These cessions were made for the purpose of erecting and
maintaining a navy hospital and other necessary edifices and buildings.

3. At Prince's bay, Richmond county. A tract containing about eight
acres and three-quarters of an acre of land, situated at Prince's bay,
in the town of Westfield and county of Richmond, and bounded as follows:
Easterly and southerly by the bay at high water mark, as patented to the
original proprietors; westerly by Richard Lafourge's land; and northerly
by land belonging to the estate of Israel R. Dissosway, deceased; being
part of the estate whereof he died seized, acquired for the purpose of
erecting a light-house thereon.

4. On Staten Island. A tract of land not exceeding one acre in extent,
on the lands belonging to the state, on and near the southeastern point
or projection of Staten Island; to be laid out in such a manner as not
to interfere with the appropriate uses of the military grounds of Fort
Tompkins; acquired for the purpose of erecting a lighthouse thereon.

5. In Raritan bay. A tract of land under water in Raritan bay,
described as follows: The site is on the edge, or southeastern extremity
of the shoal known as the Great Beds, which makes out from the New
Jersey shore at the intersection of the Raritan river and Perth Amboy
channels, and is embraced within a circle seven hundred feet in
diameter, the center point of which is distant three-fourths of a mile
in a course south twenty-two degrees west from the southwest gable of
the dwelling-house of B. C. Butler, at Ward's point, on the southerly
shore of Staten Island, and contains 8.83 of an acre in area, as shown
on a map and description which have been filed in the office of the
secretary of state of this state, acquired for the purpose of erecting a
light-house thereon.

6. In Fisher's Island sound. A tract of land under water in Fisher's
Island sound, described as follows: The area embraced within a circle
seven hundred feet in diameter, the center of which shall be the spindle
that marked the site of "Latimer's reef" on January first, 1883,
acquired for the purpose of erecting a light-house thereon.

7. At Gardiner's island, Suffolk county. A tract of land on Gardiner's
island, Suffolk county, described as follows: All that part of the north
point of Gardiner's island aforesaid, lying northwest of a line
described, and running as follows, to wit: Starting from a stake on a
sand ridge, and running thence N. 56Á E., and S. 56Á W., to the waters
on each side of the said point or beach respectively, and bounded
northerly, easterly and westerly by the waters of Gardiner's bay, and
southeasterly by the beach at the aforesaid line, containing about
fourteen acres more or less, acquired for the purpose of erecting and
maintaining thereon a light-house and other necessary buildings.

8. At Rye, Westchester county. A tract of land in the town of Rye,
Westchester county, on Captain's island, described as follows: Beginning
at a marked rock, near a rock called Lightning rock, and running on the
southern and eastern shore N. 75Á 30' E., 63 links; thence N. 41Á E., 3
chains 40 links; thence N. 84Á 45' E., one chain 88 links; thence N. 89Á
E., 3 chains 80 links; thence N. 27Á 45' E., 3 chains 53 links; thence
N. 54Á W., 71 links to a stone bound by the bank at high water mark;
thence west, crossing the island to the pond where a stone bound is
erected at high water mark, thence running by the southeast side of the
pond, S. 40Á W., 75 links; thence S. 52Á 15' W., one chain 92 links;
thence N. 52Á 45' W., 74 links; thence S. 13Á 30' W., 2 chains 78 links;
thence S. 49Á W., 80 links, to a pine stump by the side of the pond;
thence S. 19Á W., one chain nine links, across a point of land to the
place of beginning, but not to contain any part of the pond, acquired
for the purpose of erecting and maintaining thereon a light-house and
other necessary buildings.

9. At Watervliet, Albany county. A tract of land in the town of
Watervliet, Albany county, described as follows: Beginning at an elm
tree standing on the west bank of the Hudson river, in the village of
Gibbonsville, thence running, by the magnetic meridian in 1828, N. 68Á
W., 18 chains and seventeen links, to a stone in the ground marked U.S.
No. 6; thence S. 22Á W., 10 chains and 76 links, to a stone in the
ground, marked U.S. No. 7; thence N. 68Á W., 12 chains 81 links, to a
stone in the ground, marked U.S. No. 2, at the south side of a new road
called the Shaker road; thence along the said road S. 72Á W., 4 chains
and twenty-nine links, to a stone in the ground, marked U.S. No. 3, also
on the south side of said road; thence S. 22Á W., 6 chains and
thirty-four links to a stone in the ground, marked U.S. No. 4; thence S.
68Á E., 35 chains and eighty links, to the west shore of the Hudson
river at low water mark; thence up the said stream, along low water
mark, till the place of beginning bears N. 68Á W., thence from the low
water mark N. 68Á W., to the place of beginning, together with all the
land under water lying opposite and easterly of the described premises,
which has been heretofore granted by letters patent to James Gibbons, by
the people of the state of New York; the evidences of the several
purchases of the land which is hereby ceded, being recorded in the
office of the clerk of the county of Albany; but always excepting and
reserving out of the lands above described, the land occupied by the
Erie canal, one rod on each side thereof, and also the public highway,
acquired for the purpose of erecting and maintaining thereon arsenals,
magazines, dock yards and other necessary buildings.

10. In towns of Theresa and Antwerp, Jefferson county, for fish
hatchery. Such lands and the rights of way thereto in the towns of
Theresa and Antwerp, Jefferson county, as said United States may need,
require and secure for the purposes of a United States fish hatchery,
and the land under the waters of Moon lake in said towns and county, and
of the creeks and their water running into and from said lake, and of
the lands bordering on said lake and creeks one hundred feet back from
high water mark on the shore of said lake, and one hundred feet each
side of the said creeks from their center. And jurisdiction is also
further ceded to said government of such lands in said towns as may
contain springs which it may secure for the purposes of furnishing water
for such hatchery; the total amount of land over which jurisdiction is
hereby ceded shall not exceed one thousand acres, exclusive of the land
under the waters of said lake, and such jurisdiction shall continue so
long as said government shall operate and maintain a fish hatchery in
the said towns and no longer; and provided at all times civil and
criminal processes of the New York state courts may be served on said
lands.