USA > New Jersey > Essex County > Newark > Records of the town of Newark, New Jersey, from its settlement in 1666, to its incorporation as a city in 1836 > Part 26
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Resolved, That hogs be impounded, and that the driver have fifty cents and pound master fifty cents.
Resolved, That the annual election for next fall be opened and closed at Stephen Roff's.
The Town Committee laid before the Town Meeting a com- munication addressed to the said Town Committee by Nicholas Longworth, Esq., in behalf of the surviving sisters and Brothers and other heirs of Jabez Longworth, deceased, in relation to the supposed will of the said Jabez Longworth, deceased, of which communication the following is a copy, to wit :
To the Town Committee of the Township of Newark :
Gentlemen-The surviving Sisters and Brothers and other heirs of Jabez Longworth, Dec'd, (some of whom not only de- serve to inherit his estate but are in limited circumstances) can- not but deeply feel interested in the result of the controversies likely to take place, between the Township of Newark and them. selves, in relation to the validity and legal effect of the instru- ment of writing purporting to be his will. They verily believe that their deceased Brother and relative was not in such a state of mind, as to be capable of making a legal disposi- tion of his property, and they feel confident that the inhabitants of Newark, if they knew the real circumstances of the case would not be willing, under the forms of law, even if it were certainly in their power to avail themselves of the supposed will, and thereby divert the property of the deceased, from a deserving widowed sister, and other near and dependent rela- tives, to the uncertain and indefinite objects of charity named or refered to in that writing.
But our Council, after a full and I believe an impartial investi- gation of the facts connected with that instrument, and the points of law arising in the case, have come to the conclusion,
Ist. That were it possible to sustain the Instrument as a will, that the bequest to the Town cannot be sustained.
2nd. That if sustained and enforced the estate is so situated that The Town could derive no eventual benefit from it.
The bequest is limited in its object, and is so devised that many years must elapse before the Town could possibly (if at all) derive any benefit from it.
But they apprise me, that the nature and variety of the grounds of objection, and the numerous suits to which they would give rise-if the instrument purporting to be a will be proven, would subject us to endless Litigation in various Courts, where the expenses are great, and Litigation mutually inconve- nient to all parties, and which we should have no reasonable pros. pect of secing closed in our day.
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RECORDS OF NEWARK.
1830.]
The citizens will readily perceive, that with the view the heirs have of the case, it would become the duty of such of the heirs as are able, to support the interest of the rest and maintain their rights, by seeking protection in every fair and legal way in every Court of the State and of the United States, that could be re sorted to.
It would afford the heirs great satisfaction could an amicable arrangement take place to accomplish so desirable an object, and give satisfaction to the citizens, they would cheerfully pay some. thing to be applied in the manner named in the bequest.
If the Town Meeting approve the measure and will appoint a Special Committee of intelligent citizens, I will lay before them such vouchers and papers of the estate as they may request, with. such evidence of facts, in my power, as they may deem usefull and request, whether for or against our interests, to enable them to come to a fair and Just conclusion, the submission to be with- out prejudice to either party, should a compromise not take place.
The Committee to be vested with power to make a final set. tlement, or merely to report the terms agreed on, to a subsequent Town Meeting, for acceptance or rejection, as the Citizens may deem most advisable.
Very Respect'ly, N. LONGWORTH.
Whereupon the said communication being read to the meeting it was, on motion,
Resolved, That a Committee of Seven be appointed by this meeting to confer with the heirs of said Jabez Longworth, de- ceased, upon the subject of the bequest contained in said will in favor of poor Orphan children of the Township of Newark.
Resolved, That it shall be the duty of the Town Committee upon the request of the Committee above appointed, to call a special Town Meeting in the manner directed by Law, for the purpose of receiving and acting upon their report, and that they do then make report to such special Town Meeting.
Resolved, That Isaac Andruss, James Tichenor, David Dore- mus, Amzi Dodd, Silas Condit, Asa Whitehead, Samuel Penning- ton do compose said Committee.
Resolved, That the Sexton be paid Ten Dollars for cleaning this House.
Resolved, That the election for Town Officers at the next annual Town Meeting shall be by ballot.
Resolved, That Isaac Andruss, C. T. Shipman, Rodney Wilbur, Geo. W. Campbell and David Doremus, be a Committee to select a more suitable spot than that next to S. Roff's, for a Town House, and report to a Special Town Meeting.
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RECORDS OF NEWARK.
[1830.
Resolved, That the next Annual Town Meeting be held in this place at (10) ten o'clock A. M.
Adjourned.
SAM'L PENNINGTON, Chairman.
Attest-STEPHEN H. PIERSON, Town Clerk.
To Stephen H. Pierson, Town Clerk of Newark :
Sir, you are hereby directed to give notice of a Special Town Meeting of the inhabitants of the Township of Newark, to be held on Monday, the third day of May next, at three o'clock P. M., at the session room of the first Presbyterian Church, to receive and Act upon the report of the Committee appointed at the last Annual Town Meeting to confer with the heirs of Jabez Longworth, deceased, relative to the bequest in the last will and testament of said dec'd in favour of the Poor Orphan children of the Township of Newark.
By order of the Township Committee.
SAMUEL PENNINGTON, Chairman.
Wu. TUTTLE, Clerk.
April 24, 1830.
SPECIAL TOWN MEETING.
Public Notice is hereby given, that a Special Town Meeting of the inhabitants of the Township of Newark, in the County of Essex, will be held at the Session Room of the first Presbyterian church in said Township of Newark, on Monday, the third day of May next, at three o'clock in the afternoon of said day, for the purpose of receiving and acting upon the report of the Com- mittee appointed at the last annual Town Meeting to confer with the heirs of Nicholas Longworth, deceased, in relation to the be- quest contained in the last will and testament of said deceased, in favour of poor Orphan children of said Township.
By Order of the Town Committee. STEPHEN H. PIERSON, Town Clerk.
April 24, 1830.
Copies of the above were put up at the Court House, at J. O'Donnel's, Z. Drake's and Mansion House Hotels.
At a Special TOWN MEETING of the Inhabitants of the Town- ship of Newark in the County of Essex, holden at the Session room of the first presbyterian Church in the said Township of Newark, on Monday, the third day of May, in the year of our Lord One thousand eight Hundred and thirty, at three o'clock in the afternoon of said day, in pursuance of due and legal notice given of the time and place and purpose of said meeting, for the pur- pose of receiving and acting upon the report of the Committee
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appointed at the last Annual Town Meeting of said Township, to confer with the heirs of Mr. Jabez Longworth, deceased, in re- lation to the bequest contained in the last will and testament of said Jabez Longworth, deceased, in favour of poor Orphan chil- dren of said Township.
General Thomas Ward was appointed Moderator. €
The Committee above mentioned having made their report, . and the same being read, the following preamble and resolutions were unanimously adopted-
The Committee to whom was referred by a resolution of the last Annual Town Meeting of this Township, the subject of the devise or bequest in the supposed will of Jabez Longworth, de- ceased, for the benefit of poor Orphan children of this Township having reported to this meeting,
It is ordered, that the said report be accepted and agreed to, and that the Clerk do file the same in his office, and make a record thereof at length in the minutes.
Whereupon, on motion, it was further resolved, that this meet- ing do approve of, consent to and accept the terms of com- promise offered by the heirs next of kin of the said Jabez Long- worth, dec'd.
Resolved, that upon payment of the said sum of Five Thou- sand Dollars by the said heirs and next of kin, or any of them, to James Vanderpool, Theodore Frelinghuysen and Luther Goble, or upon the execution and delivery by the said heirs and next of kin or any of them to the said James Vanderpool and Luther Goble of a good and sufficient bond and mortgage, securing to them the payment of the said Sum of Five Thousand Dollars in one year from the third day of May instant with interest, this Township do relinquish all further claim and demand on the representatives of the said Jabez Longworth, deceased, for and on account of any devise, bequest or clause contained in the said supposed will.
Resolved, That the money when received by the said James Vanderpool, Theodore Frelinghuysen and Luther Goble, or the security to be given to them therefor, shall be taken and held by them and their Survivors and Survivor of them in trust for the Inhabitants of the Township of Newark, in the County of Essex, until an Act of the Legislature of this State shall be obtained creating Trustees for the said fund, and providing for the use and application of it as near as may be, according to the true intent and meaning of the said Jabez Longworth, as expressed in his said supposed will and the report of the aforesaid Com. mittee.
Resolved, That the Township Committee be and they are hereby instructed at the expense of the Township to procure an Act of the Legislature of this State at their next session, making
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permanent provision for the appointment and succession of suit- able trustees for the said fund, and the application of the Interest and income thereof forever, towards the support and education of poor Orphan children of this Township in the manner afore- said.
Resolved, That the meeting recommend the said James Van- der Pool, Theodore Frelinghuysen and Luther Goble to accept the bond of Nicholas Longworth, Esq., secured by a mortgage upon Lands in the Town of Cincinnati and its vicinity in the State of Ohio, as security for the payment of the said sum of Five Thousand Dollars with interest as aforesaid, provided the Hon, Jacob Burnet and Nathaniel Wright, Counsellor at Law, shall certify that the mortgaged premises are unincumbered and of sufficient value, and the mortgage duly executed and recorded.
The Committee appointed at the last Annual Meeting of the inhabitants of the Township of Newark, for the purpose of con- fering with the heirs of the late Mr. Jabez Longworth, upon the subject of a bequest in his last will and testament for the benefit of poor Orphan children of said Township,
Respectfully Report, That they have met several times upon the subject, and have been attended by Nicholas Longworth, Esquire, in behalf of himself and the heirs of the Testator, who has made before the Committee, as far as they are able to Judge, a full and fair exposition of the circumstances and situation of the estate of the Testator, your Committee have also had stated before them the various objections raised against sustaining the bequest in question, which are too numerous and complicated to be discussed in this report.
The Committee, after a full consideration of the subject, with a view to promote the best interests of the Township, to save expensive and tedious litigation and to effect a compromise upon Terms which they think Just and equitable between the parties agreed to propose to Mr. Nicholas Longworth that they would recomend to the Township to receive the sum of five thousand Dollars in lieu of the bequest in question, which proposition was agreed to by Mr. Nicholas Longworth in behalf of himself and the other heirs of the Testator, And the same is now submitted for the consideration of the Town Meeting. The Committee think but Just to mention that the intercourse between them and Mr. Nicholas Longworth has been of the most satisfactory character, that on his part it has been distinguished by a gentle- manly candour and frankness which has greatly facilitated the Committee in the discharge of the duties assigned them.
And your Committee would further beg leave to recommend that should the Township accept the terms proposed, That the five Thousand Dollars be set apart as a distinct fund, and be loaned out upon Bond and Mortgage, and the Interest of the
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same be appropriated in accordance with the will and intention of the Testator, viz: for the support and education of poor Orphan Children of the Township of Newark, to be Selected by the Township Committee yearly. And that a special report be made to the Annual Town Meeting by the Township Committee of the situation of this fund, the amount of interest received and the names of the Orphans selected, and the amount expended upon each individual, and that the said yearly report be entered at large upon the Town book, by the Clerk yearly, as a perpetual memorial of the liberality and beneficence of Mr. Jabez Long- worth, deceased, a native citizen of the Town of Newark. All which is respectfully submitted.
Newark, May 3d, 1830.
Isaac Andruss, Samuel Pennington, James Tichenor,
David Doremus, Silas Condit, Asa Whitehead,
Amzi Dodd.
Resolved That this Town Meeting Entertain a high opinion of the frank open and honourable conduct of Nicholas Longworth Esq'r in the negotiation and settlement of the matter of the bequest in the will of Jabez Longworth dec'd in favor of poor Orphan Children in the Town of Newark and that the Clerk of the Township be directed to furnish to Mr. Longworth a Copy of this resolution and also a Copy of the report of the Committee and also of the resolutions of this Town Meeting in relation thereto duly certified by the Moderator and Clerk of this Meet- ing.
Adjourned.
THOMAS WARD.
Attest STEPHEN H. PIERSON, Clerk.
May 3, 1830.
Special TOWN MEETING .- Agreeable to Notice given, a Special TOWN MEETING was held in the Session Room of the first pres. byterian Church The 29th day of June 1830, for the purpose of adopting measures, if Expedient for removing a Collection of Water in the old burying ground lot. Also to remove a Collec. tion of Water in the North part of the Town and similar public nuisances in other parts of the Town-if necessary-and to Elect an Overseer of the Poor in the room of D. J. Hays.
James Vanderpool was chosen Moderator.
Resolved that a Committee of five be appointed to Examine into the Evils complained of by the Inhabitants of different Sec- tions of the Town arrising from stagnant waters, and advise with and recommend to the Overseers of the highway in the respec- tive districts in which such Evils exist as to the best mode of
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RECORDS OF NEWARK.
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removing them, and that Rob't B. Canfield, Capt. Ephraim Beach, Samuel Pennington, A. W. Kinney, David Doremus, be that Committee.
Resolved That the Town Committee be authorized to appro- priate Two Hundred Dollars out of any monies in their hands not already appropriated to any specific object and which may legally be used for this object to assist the Overseers of the high ways in Effecting the removal of the Evils above Complained of provided the same shall be deemed necessary by the Examining Committee appointed in the foregoing resolution.
Resolved That this Committee Examine the law, authorizing the draining the low grounds in the Town of Newark passed Nov. 25, 1822-and also the Supplement passed Nov. 20, 1823- and also other acts on the subject, and advise whether any thing further can be done under the same Acts to remove the nuisances complained of.
Resolved That David Nichols be Overseer of the poor in room of David J. Hays.
Resolved, That David Doremus, C. T. Day and Isaac Andruss be appointed to fill the vacancies in the School Committee.
Adjourned.
JAMES VANDERPOOL, Moderator. . STEPHEN H. PIERSON, Town Clerk.
Special TOWN MEETING, August 10th .- Agrecable to notice given a Special Town Meeting was held at the Session room of the first Presbyterian Church on the Tenth day of June 1830 to receive the report of the Committee appointed at a recent Special Town Meeting to Examine Stagnant Waters Considered public nuisances in said Town and other purposes.
Asa Whitehead was chosen Moderator.
The report of the Committee being read, It was Resolved that the water now running into the Old burying ground, be contin- ued down Broad Street the entire length, from the Cannal to S. B. Browns.
Resolved That a Committee of Three be appointed to carry this resolution into Effect and that the Overseers of highways of districts in which the work is to be done be requested to per- form the work according to the direction of the Committee- and that Rob't B. Canfield, A. W. Kinney and Capt. E. Beach be that Committee.
Resolved, That this Committee recommend that the road run- ning from Obadiah Woodruffs to plane Street, be raised by filling in gravel so as to Cast the water into its old course and that the same plan be adopted in Bank, Harrison and Acadimy Streets.
Resolved that Rob't B. Canfield, Theodore Frelinghuysen, Da- vid Doremus, John Alling and Silas Condit be a Committee to
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RECORDS OF NEWARK.
1831.]
confer with the Managers of the Morris Cannal their Agents or Engineers respecting the best mode of constructing bridges over Said Cannal where it crosses any of the Streets in Town and all other matters of interest to the Inhabitants arising out of the Erection of said Cannal through the Town of Newark.
Adjourned.
ASA WHITEHEAD, Moderator.
STEPHEN H. PIERSON, CIK.
The annual TOWN MEETING was held in the Lecture Room of the third presbyterian Church, The Eleventh of April One Thousand Eight hundred and Thirty one-At Ten O'Clock A. M.
Gen'l Thomas Ward chosen Moderator and Abraham Beach Town Clerk.
The 7th Section of the act in relation to the opening of Town Meeting was read.
It was moved that the minutes of the last annual and special Town Meetings so far as respects the Settlement with the Heirs of Jabez Longworth Dec'd be read.
Which was finally posponed untill after the Town Committee made their annual report.
On motion Resolved That the resolution of the last Annual Town Meeting respecting the Voting by Ballot for Town Officers be rescinded.
Resolved That the standing resolution of a former Town Meet. ing, That all those objects which require the appropriation of money to be acted upon and disposed of previous to the Election of Town Officers be rescinded.
Resolved That we now proceed to the Election of Town Officers.
Resolved That Seven Constables be appointed for the ensuing year.
Constables-David Ball, Daniel S. Moore, Isaac Beach, David M. Fitzgerald, Benjamin S. Jarvis, Joseph Sayre, David Jones.
Assessor-Stephen Dod.
Collector-Caleb Carter.
Chosen Freeholders-James Vanderpool, Robert B. Camp- field.
Surveyors of the Highways-Robert Baldwin, Jabez Cook.
Overseers of the poor-Aaron Nichols, Abraham K. Ward. Judge of Election-Isaac Nichols.
Overseers of the roads for the Town Plott districts-No. 1 David C. Brown, 2 Enoch Bolles, 3 Charles Grant, + Aaron Camp, 5 Joseph Magie, 6 James Tichenor.
Overseers for the Outer districts-Stephen Baker, James Van Houten, John Hayes, Elias Roberts.
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RECORDS OF NEWARK.
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Street Commissioners-William Lee, Abraham W. Kinney; Samuel Pennington.
Town Committee-Luther Goble, Ephraim Bolles, Isaac Bald- win, David Doremus, William Tuttle.
Commissioners of Appeal-Stephen Hays, Isaac Nichols, James Vanderpool.
Pound Masters-Jabez Cook, Elias E. Boudinot, Hugh Cam- mack, William Crane Jun'r, David J. Baldwin.
School Committee-Luther Goble, Richard M. Crane, George W. Campbell, Caleb HI. Shipman, David Doremus, Isaac An- druss, Ashbell W. Cory, Ellison Congar, Stephen Dod.
Town Meeting adjourned untill Two O'Clock P. M.
At Two O'Clock P. M. met agreeable to adjournment.
Called to Order and proceeded to Business.
It was moved and seconded to re-consider the appointments made previous to Adjournment. And after discussion it was decided by the Moderator to be out of Order.
The annual report of the Township Committee was then read by their Clerk. On motion Resolved That it be accepted and Filed.
The following Statement in relation to the settlement with the Heirs of Jabez Longworth Dec'd, from the Hon'le Theodore Frelinghuysen, made a part of the Town Committees report :
Nicholas Longworth To Luther Goble, Sealed bill for $5000, dated Ohio, May 3rd, 1830, Theodore Frelinghuysen and James Vanderpool. payable with legal Interest from date at six per cent. till paid and secured by a Mortgage of same date on lots of land in Cin- cinati, Ohio. Certified by Jacob Burnet and Nathaniel Wright, Esq'rs to be free from incumbrances and sufficient security for said sum. The said sealed bill and mortgage are in the posses- sion of the Subscriber.
Signed THEODORE FRELINGHUYSEN.
Newark, March 31st, 1831.
Resolved, That Two thousand dollars be raised for the sup. port of the Poor.
The subject of working the roads was taken up. And after considerable discussion and the reading of an estimate of the cost of MoAdamizing the streets in the Town Plott, It was, on motion, Resolved, That the sum of Five Hundred Dollars be raised for working the roads in the Town Plott.
Resolved, That the sums levied in the several districts to make out the above mentioned sum of Five Hundred Dollars, be ex. pended in the districts where levied.
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1831.] RECORDS OF NEWARK.
The meeting were informed by Amzi Dodd, Esqr., the prose. cuting Attorney on the part of the State for the County of Essex, That the Township of Newark had been indicted for a nuisance in suffering the water to stagnate and become offensive in the old burying ground.
On motion, Resolved, That the sum of Two hundred dollars be raised, and if necessary expended to remove said nuisance.
Several Overseers of the Highways having informed the meet- ing that they had expended more money than they had received from the Town to work the Highways in the Town Plott dis- tricts, On motion, Resolved, That the Township Committee be authorized to pay each and every Overseer of the Highways all the money they have expended in their districts beyond what they have received from the Town funds, Out of any monies not otherwise appropriated.
The School Committee, in pursuance of the Act to establish Common Schools, made their annual report.
Resolved, That the same be accepted and Filed. The report of the Managers of the School for educating the poor children of Colour in the Town was read.
Resolved, That the same be accepted and Filed.
Several sections of the Law respecting Common Schools having been read-It was, on motion, Resolved, That the money re- ceived from the State fund for the support of Common Schools, Together with the money raised by the Town for the same pur- pose, be appropriated to the schooling of poor children in the districts where they reside.
Resolved, That the sum of One Thousand Dollars be raised for the support of Common Schools.
Resolved, That One Hundred and fifty Dollars be appropriated to the education of the poor children of colour, Out of the money raised for the support of Common Schools.
A motion to raise the sum of Three hundred Dollars to aid the Female Union School was negatived.
On motion, Resolved, That the Township Committee be au- thorized to remove all Buildings and all other incumbrances from the Town Lott on Broad street.
The motion to instruct the Town Committee to lease the Town Lott on Broad street was on motion posponed untill the next Annual Township Meeting.
Resolved, That hogs running at large be subject to poundage, with. the same penalties as last year, Viz : Fifty cents to the driver and Fifty cents to the pound master.
Resolved, That the Annual Election for members of the State Legislature, Sheriff and Coroners be opened and closed at the House of Stephen Roff, Inn Keeper.
Resolved, That the Town Committee be authorized to pay Mr. 1
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السوداء ١٦
السعر
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RECORDS OF NEWARK.
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Ephraim Beach, the Sexton of the third presbyterian church, the sum of Ten Dollars for cleaning this room.
Resolved, That the next Annual Township Meeting be held in this place at Ten o'clock A. M.
Town Meeting Adjourned.
THOMAS WARD, Moderator.
Attest-ABRAHAM BEACH, Town Clerk.
NEWARK TOWNSHIP MEETING FOR 1832.
The annual TOWN MEETING for the Township of Newark Was held in the Lecture Room of the third Presbyterian Church, Monday, the ninth of April, One Thousand Eight hundred and Thirty-two, at 10 o'clock A. M.
When Asa Whitehead, Esq., was chosen Moderator.
The 7th Section of the Law relating to Town Meetings was read by the Moderator.
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