pervisor and town clerk, or two of the assessors of the town in which the lands were situate, stating that the lands applied for were not more than what was necessary for the purpose aforesaid, and that they believed it to be the bona fide intention of the applicant to appropriate the said lands to the purposes of commerce. These precautions were deemed sufficient to guard against a misapplication of the lands granted to objects not in contemplation of the statute, under which the grants were made. But in the year 1832 a case occurred, in which a patentee, without doing any thing for the promotion of commerce, is said to have set up a claim to the right of fishing, to the exclusion of other citizens, who had, previous to the grant, enjoyed it in common with him. Although it was the opinion of the Attorney-General, that the patent, upon proof of the facts, might be repealed by scire facias, on the ground that it was obtained by false and fraudulent suggestions; and that a neglect to appropriate the land, within a reasonable time, to the purposes contemplated by the statute, would work a forfeiture of the estate; yet it was deemed proper by the Commissioners of the Land-Office, in the early part of the year 1832, to adopt a new form of letters patent, for the purpose of guarding against imposition. The patents now issued, reserve to the people of the State the full and free right, liberty and privilege of entering upon and using all and every part of the premises granted, in as ample a manner as they might have done, had the grant not been made, "until the same shall have been actually appropriated and applied to the purposes of commerce, by erecting docks and wharves thereon, and filling in the same." They also provide that if the grantee should not within two years actually appropriate and apply all and every part of the lands granted, to the purposes of commerce, by erecting docks and wharves thereon, and filling in the same, the grant should cease and determine, so far as related to any part of the premises, and not so appropriated and applied. By force of these reservations, the Commissioners of the LandOffice believe that all abuse or evasion of the intention of the statute may be effectually guarded against. The 1st section of the bill referred, vests in the corporation of the city of Hudson, in fee simple, all that parcel or tract of land under water, situate in the South bay of the Hudson river of the city of Hudson, and contained within certain limits therein described. The second, third and fourth sections provide that the corporation shall convey in fee to the owners of the land adjacent to said bay, the lands under water in rear of their respective lots, to a certain distance therefrom. The 5th section provides that the corporation shall lay out the said lands under water, into lots and streets, and cause an accurate map and survey thereof to be made. The 6th and 7th sections provide that the corporation shall, upon the application of individuals or companies, convey so many of said lots to such individuals or companies as may be applied for, upon certain terms and conditions, one of which is, that the conveyance shall be void, if the improvements prescribed by the corporation to be made on the granted premises, shall not, within the time limited by the conveyance, be completed. The premises proposed to be vested by the bill, in the corporation of the city of Hudson, consists of all the lands under the waters of the South bay, which are represented to be shallow and unfit for the navigation of vessels. Much of the land is said to be bare at low water, but, at high water, the shores of the bay may be approached with scows and boats. The object of the corporation is understood to be to provide more effectually for the extension of docks along the eastern line of the channel of the Hudson river, and for such other improvements within that line as are required by the growing commerce of the city. Although the Commissioners of the Land-Office have full power to make, on the application of the proprietors of the adjacent lands, all grants which may be necessary for the required improvements, it is supposed that the same powers conferred on the corporation, with the authority to prescribe the nature of the improvements to be made, and to convey to others than the owners of adjacent lands, with certain reservations in favor of the latter, may be more advantageously exercised for the interests of the city. Indeed, it is apprehended that without such powers in the corporation many essential improvements may be deferred, to the serious prejudices of those interests. The Commissioners of the Land-Office are aware that the people of the State should be cautious in conveying to the local authori ties of cities and towns upon the navigable waters of the State, their title to the lands under them, excepting so far as the interests of commerce may be promoted by the grant. They would not on any other ground recommend the passage of the bill referred to them. But on a careful examination of the provisions of the bill, and of the map of the premises proposed to be conveyed with the contiguous waters, they have been able to discover no objection to the grant, with the reservations hereinafter mentioned. They believe that the lands under the waters of the South Bay, proposed to be granted, may be occupied by docks and such other erections as shall be required for the uses of commerce, without any obstruction to the free navigation of the river, and without encroaching upon the channel of the stream. By the act of 25th February, 1826, Laws of New-York, 49 sess. chap. 58, the Commissioners of the Land-Office were directed to issue letters patent, granting to the mayor, aldermen and commonalty of the city of New-York, the lands covered with water on the eastern shore of the North river, and the western shore of the East river, at and from low water mark, and extending four hundred feet into said rivers, with a proviso that the proprietor or proprietors of the lands adjacent should have the pre-emptive right, in all grants made by the corporation of the said city, of any lands under water granted to the said corporation by that act. This extensive grant, which it can hardly be necessary to adopt as a standard for similar grants in the interior of the State, was doubtless deemed necessary to enable the corporation of NewYork to provide for the rapidly augmenting foreign commerce of the city and on this ground it may be supported by arguments which would be inapplicable to the present condition, or any probable future wants of the inland cities and towns. But in this grant, the prevailing principle was preserved, of making a distinction in favor of the owners of contiguous soils, by giving them a pre-emptive right to the granted lands. In the bill under consideration, there is no provision corresponding precisely with this. But in lieu of it, the corporation of the city of Hudson are required to convey absolutely to the owners of lots and land contiguous to the waters of the South bay, a certain portion of the lands under those waters. These owners are, if not all, with few exceptions, parties to the application, and acquiesce in the disposition which has been made of the preference, to which they would be entitled under the established practice of the State in relation to such grants. By an examination of the map, it does not appear that any reservation has been made in favor of the lands belonging to the estate of the late Joseph Goodwin. These lands were conveyed to Joseph Goodwin and Robert Center, by letters patent, dated the 13th day of November, 1813, under an act passed on the 24th March, 1820, Laws of New-York, 43d session, chap. 112, and docks of considerable value are constructed upon them. To secure the use of these lands and docks to the owners, the Commissioners of the Land-Office deem it indispensable that a proviso should be inserted in the first section of the bill, to the following effect, viz: that a passage by water of one hundred feet in width, extending from the southwesterly corner of the dock belonging to the estate of Joseph Goodwin, deceased, and running with a uniform width of one hundred feet along the south front of the lands belonging to said estate, to a line corresponding with the westerly line of Water-street, shall be left free and unobstructed for the purposes of navigation, and that no part of the lands under water included within this reservation, shall ever be filled in, or otherwise obstructed, any grant in the bill to the contrary notwithstanding. Should the Legislature deem it proper to make the proposed grant, it would be advisable, as a matter of precaution, to insert in the bill a reservation to the people of the State, of the full and free right, liberty and privilege of entering upon and using all and every part of the premises conveyed, in as ample a manner as they might have done had the grant not been made, until the same shall have been actually appropriated and applied to the purposes of commerce, by erecting docks and wharves thereon, and filling in the same. It would also be advisable that the Legislature should reserve the right of altering, modifying or repealing the grant, so far as it should be deemed necessary for the purpose of correcting any evil or injustice which may by possibility grow out of it. |