USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y. 1776-1873, Volume III > Part 10
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Subscribers names
Shares Subscribers names
Shares
James Sandford
4 Zadick Smith
I
Samuel Fleet
2 John Brush
6
David Rusco Jr
I Stephen Fleet 2
Silas Rusco
John Oakley I
I
Rueben Rolph
I Samuel Oakley
I
Gilbert Platt
I Thomas Roe
I
John Wickes
I
Henry Sammis
I
John Ketcham
I
Richard Lewis
I
Timothy Jarvis
I Isreal Titus
I
Mary Prime
I James Long
I
Amelia Lloyd
I Spring I
I
Alexander Sammis
I
Christopher Ming 4
Nathaniel Potter
I certainly or ten if
Selah Wood
I wanted to complete
Epenetus Smith
I Selah Conklin
I
Noah Wetmore
I Sallie Rogers
I
Obadiah Platt
I Ebenezer Chichester
I
Solomon Carll
I Timothy Williams
I
Thomas Weeks
6 Nathaniel Conklin [Islip] 2
Solomon Ketcham
I James Pine Chichester I
Huntington, June Ist 1793. (File No. 197, "B")
Richard Conklin Cold I
William Havieland
I Zophar Platt
Jesse Sammis
Ebenezer Platt five, 5 or 10 2
Jesse Conklin
I the building
William Jones
2 Zophar Ketcham
I
Zebulon Platt
2 Ephraim Chichester I
John Platt
cation than the common schools of that period. For more than fifty years some of the best educators in the country taught within its walls, and many of their pupils attained emi- nence in all the avocations of life. Nathaniel Potter, who died in 1841, gave by his will $10,000, the interest on which has to
170
HUNTINGTON TOWN RECORDS.
[TRUSTEES' MEETING.]
[1793, June 3.]
At a Meeting of the Trustees of the Town of Huntington on the third day of June A. D. 1793 at the House of Gilbert Platt Inn Keeper in said Town.
Members present Zophar Platt Pd John Wickes Ananias Carll John Oakley Henry Scudder Timothy Conkling Jun" John Ketcham.
VOTED, that no foreigner shall carry any Clams from the South Bay of the Town. of Huntington under the Tol- eration of three pence per Thousand (If said Clams were catched therein) and the penalty of Ten shillings per Thousand without a permit.
ALSO VOTED, that no Beach Clams on the south side of the Islands In our South Bay be catched by any Person Whatsoever to Sell to Boatmen under the penalty of Ten shillings per Thousand Clams for the Inhabitants of Hun- tington to pay & Twenty shillings for Foreigners.
And it is Ordained that all which penalties as aforesaid shall be recovered with Costs of Suit before any Justice having power to try the Cause.
And it is Ordained that Thomas Wickes Esq. shall be Inspector of the Clams in the South Bay of the Town of Huntington and recover the Toleration & Give Permits for the Boatmen to carry said Clams away or authorize any other person.
John Ketcham, Town Clerk.
(Town Meetings, Vol. II, p. 118.)
[1793,-]
Be it known To all it May Concern that the Boatmen
be used by trustees for educating "the children of the poor in Huntington," and the fund was first applied to the support in part of the old Academy, and later, when this building was de- molished, went to the Union School, which took the place of the Academy .- C. R. S.]
171
HUNTINGTON TOWN RECORDS.
will not pay hommig to Neither King Nor Toleration Masters under no les penalty than they shall fight for their Athoraty.
Advertisement set up at South 1793 In Contempt of the Trustees.
(File No. 200.)
[1793, June 4.]
Notice is hereby Given that the Grass on the Islands- Eastward of Cedar Island In the South Bay and west of the Great Gutt will be hired out for Mowing this Season on Wednesday the Twelvth day of June Instant at 9. O'Clock A. M.
Vandue to be opened on Oak Island.
By Order of the Committee John Ketcham, Clerk.
Huntington 4 June 1793. (File No. 201.)
[1793, June 13.]
STATE OF NEW YORK - SUFFOLK COUNTY Ss.
The Deposition of Nathaniel Wickes of Lower Salem in the County of West Chester and State of New York De- poseth and saith he is well Acquainted with a Certain Gut lying on the South side of the Town of Huntington in the County of Suffolk on Nassaw Island and State of New York called Massapague Gut about Sixty years ago which said Gut then lay about two miles or two miles and a half westward from a certain Island at that time called Goose
172
HUNTINGTON TOWN RECORDS.
Island at which time the two whale Houses* on the Beach stood between Goose Island & Thatch Island about oppo- site the opening. Taken and sworn According to the best of his Knowledge this thirteenth day of June A. D. 1793. Before me JOHN KETCHAM, Justice Peace.
(File No. 216.)
[TRUSTEES' MEETING.]
[1793, June 25.]
At a meeting of the Trustees of the Town of Hunting- ton at the House of Gilbert Platt Inn Keeper in said Town on the 25th of June 1793-Members Present. Zophar Platt President John Wickes John Oakley Capt. Timothy Conk- ling John Ketcham Esq.
Resolved that Ebenezer Hartt who has refused to pay for Marsh he hired on the Islands last year be Immediately prosecuted if sufficient evidence can be procured.
Resolved that if any Inhabitant of the Town of Hunting- ton shall carry any Clams out of said Town to sell without permission shall pay a Fine of Forty Shilling.
Also Resolved that if any person not an Inhabitant of the Town of Huntington shall carry any Clams away out of said Town catched within the Limits of the Town of Hun-
[* The mention of "whale houses" reminds us of the fact that from the earliest settlement of Long Island the capture of whales for securing oil was carried on more or less from the South Beach. Many from the North Side of the Island en- gaged in the business for a part of the year, and shared in the profits of the business. The writer, when a boy, listened to the stories told by his grandfather, Gilbert Scudder, of the ex- citing adventures of the latter while pursuing and capturing whales .- C. R. S.]
173.
HUNTINGTON TOWN RECORDS.
tington without first having obtained Permission as afore- said under the penalty of three pounds.
John Ketcham Town Clerk.
Also Voted and agreed on the day aforesaid that no per- son shall cut or carry any Timber of the Uunivided Lands In any purchase In the Town of Huntington without first having Obtained Permission from the Trustees of said Town Under the Penalty of Twenty shillings per Cord for Each offence to be recovered before any Justice of the Peace.
John Ketcham Town Clerk. (Town Meetings, Vol. II, pp. 119-20.)
[TOWN MEETING.]
[1793, Oct. 22.]
At a Town Meeting legally warned and held at the House of Gilbert Platt Innkeeper In Huntington on the 22 day of October 1793
For the purpose of Electing a Supervisor in the room of Ebenezer Platt Esq. Who since the last Annual Town Meeting has been appointed to the office of first Judge of the Court of Common Pleas in this County and has Quali- fied into that office and of course Cannot Constitutionally act as Supervisor.
At the aforesaid Town Meeting on the 22 of October 1793 Voted and agreed that Jacamiah Brush Esq. Act as Supervisor In the Room and stead of the aforesaid Ebene- zer Platt Esq.
John Ketcham Town Clerk. (Town Meetings, Vol. II, p. 127.)
174
HUNTINGTON TOWN RECORDS. [THE SOUTH BEACHES.]
(1793, Dec. 3.]
STATE OF NEW YORK, SUFFOLK COUNTY.
The Deposition of John Wood of The County of Suffolk & State of New York Deposeth and saith he is well Ac- quainted with a certain Gut lying on the South Beach In the Town of Huntington in said County on Nassau Island & State of New York Called Nassapage Gut about sixty years ago which said Gut then lay at lest about two miles & a half or three miles westward from a certain Island at that time called Goose Island at which time the two whale Houses on the Beach stood between Goose Island and Thatch Island. And that he was well acquainted with said Beach and was there a whaleing ,two seasons about sixty years ago and very well remembers when there was no Gut where the present Gut now is opposite the East point of Gilgo and that he had walked dry shod from the whale Houses a number of times along the Beach to Mas- apage Gut and that said Masapague Gut divided Hunting- ton Beach & what was then called Jones Beach on the West Beach. Taken & sworn this 3ª day December 1793. Before me JOHN KETCHAM Justice.
(File No. 222.)
[1794, March I.]
An Account of the Licences and Permits Given out this first day of March 1794.
A permit to Peleg Wood, Platt Brush, Timothy oakley, thomas Ketcham, Nathaniel Merrit, Jonathan titus, Ste- phen Sammis, Gorge Everit, Jesse Smith, Amos Willits, thomas Roe, Elias Baley, thomas forrington, Jacob Ireland,
175
HUNTINGTON TOWN RECORDS.
Jesse Briant, thomas Semany, Eliphilet Chiches., Solomon Ketcham, Timothy Carll, John Scudder, Samuel fleet, John May, David Briant, Platt Carll, Timothy Williams, Epen- etus Bryant, Moses Blachley, Gilbert Platt, John Snidecor, John Platt, thomas Ireland.
(File No. 194)
[TOWN MEETING.]
[1794, Apr. I.]
At a Town Meeting held at the House of Gilbert Platt Inn Keeper in Huntington on the first day of April A. D. 1794: The following Persons Chosen to Transact Public Business in the Town of Huntington for one year.
Trustees Jacamiah Brush President John Ketcham Esq' Capt. Timothy Conkling Capt. Timothy Carll Jun" Zophar Platt Esq. Henry Scudder Esq' John Oakley.
John Ketcham Esq. Town Clerk.
Israel Carll Supervisor.
Assessors Jacamiah Brush Esq. John Ketcham Esq". Thomas Skilman.
Overseers of the Poor Philip Conkling David Rusco Jun".
Commissioners of the Highways Capt. Timothy Carll sen' Capt. Timothy Conkling Junr. Selah Wood Esq".
Collectors of Taxes Obediah Platt.
Town Surveyors Capt. Timothy Carll Jun' Israel Carll John Oakley.
Constable Capt. Jonathan Titus.
ALSO VOTED, that the sum of Hundred pounds New York Currency should be raised this year to defray the Expences of the Poor of the Town of Huntington and other Contingent Charges of said Town.
176
HUNTINGTON TOWN RECORDS.
Fence Viewers Capt. David Smith and twenty three others.
Overseers of Highways Samuel Carll and thirty two others.
ALSO VOTED, that the next Annual Town Meeting be held at the House of Gilbert Platt Inn Keeper in Hun- tington.
VOTED, That the stray sheep In the Town of Hunting- ton to be taken up and drove to the different places in said Town on the third Monday In October next. viz James Oakleys and twelve others. And all the remaining stray sheep in said Town of Huntington to be brought in to the House of Gilbert Platt Inn Keeper in said Town on the first Monday following & if not owned to be sold on the same day by the overseers of the Poor & said Overseers of the Poor to pay those men who have yarded them what shall be thought reasonable for keeping from the third Monday of October to the fourth.
VOTED, that if any Goose or Gooselin older than two months shall be found in the Streets within the Town Spot of Huntington without a sufficient yoke the owner shall be Liable to pay six pence a head fine to be recovered with cost of suit by any Person who shall procecute for the same.
VOTED, That if any Cattle or Horses shall be found on the commons within half a mile of the Meeting House on Sunday between the Hours of Ten O'Clock in the morning and three O'Clock in the afternoon between the first day of November 1794 and the first day of May 1795 the owners of such Cattle or Horses on Complaint made to any Justice of the Peace shall be subject to a fine of one shilling a head with costs of suit to be recovered by any person who shall procecute for the same to effect.
John Ketcham, Town Clerk.
(Town Meetings, Vol. II, pp. 136 40.)
177
HUNTINGTON TOWN RECORDS.
[TRUTSEES' MINUTES.]
[1794, June 17.]
At a Meeting of the Trustees 17th June 1794 at the House of Gilbert Platt in Huntington Present Jacamiah Brush Esq. President Zophar Platt Henry Scudder John Oakley Timothy Conkling John Ketcham.
VOTED, That Ebenezer Hartt and Jesse Smith be Ime- diately prosecuted before Judge Smith of Smith Town Court to be next Saturday week 28th June Instant at 10 o'clock By the Trustees of the Town of Huntington.
(File No. 206.) Jnº Ketcham, Clerk.
[TRUSTEES' MINUTES.]
[1794, July 24.]
At a meeting of the Trustees of the Town of Huntington at the House of Selah Conkling Inn Keeper in Hunting- ton on the 24th of July A. D. 1794. It was resolved that no person shall cut or Carry away any Grass or thatch in the south Bay from any Islands or Marsh to the west of Cedar Island unto the Patent Line untill the Tenth day of September ensuing and that no person having a Boat shall Cut any more than one Boat Load before he Carry that off under the Penalty of five pounds and that no Per- son having a Boat shall leave to exceed ten Cocks on the Penalty of the Hay so left.
Also resolved the same day that all the Grass to the East of Cedar Island be hired out at Vandue and likewise on the Beach.
Also it was Resolved that Notice be given to the Inhab-
178
HUNTINGTON TOWN RECORDS.
itants forbiding any Person carrying Passengers from the Harbour in the Town of Huntington to Norwalk Harbour in the State of Connecticut under the penalty of the Law. John Ketcham, Town Clerk.
(Town Meetings, Vol. II, p. 148.)
[THE RIGHT OF FISHING IN SOUTH BAY.]
[No Date.]
To the Honerable the Legeslature of the State of New York.
The petition of the freeholders and Inhabitants of the Town of hempstead and Oysterbay County of Queens Humbly showeth that we Your petitioners Claim a Right of fishing fouling and Claming on the Bays bars Laying Southardly of the Town of Huntington and Islip and in the County of Suffolk which privilege we and our fore- fathers never have been deprived of and now being In- formed that a petition is About to be presented to your honorable body for the purpose of preventing the said freeholders and Inhabitants of the Town Hempstead and Oysterbay for using the same which prayers of their said petition we hope your honours will Consider Groundless and not Suffer us to be purhibited of our former Rights and priviledges and your petitioners as in Duty bound will ever pray.
THOMAS TREDWELL DANEL BEDEL and 150 others .*
(File No. 139.)
[* There seems to have been no grounds for such a petition. Huntington acquired and was entitled to hold an exclusive right to fishing in all the bays and waters lying south of the Town, at least to high water line, on the Atlantic Ocean. If the people of Hempstead and Oyster Bay fished there, it was by sufferance and not of right .- C. R. S.]
179
HUNTINGTON TOWN RECORDS.
[SPECIAL TOWN MEETING-BAITING PLACE PURCHASE.]
[1794, Sept. 8.]
At a special Town Meeting of the Freeholders and In- . habitants of the Town of Huntington Legally Notified by Advertisement and held at the House of Gilbert Platt Inn Keeper In Huntington on the eighth day of September A. D. 1794 for the purpose of Consulting on proper measures to be adopted and pursued with respect to a certain dispute subsisting between the Trustees of the Commonality of the Town of Huntington and certain persons Stileing themselves proprietors of the Bateing Place purchase and to Transact such Other Business as might be necessary to be done in behalf of the Town.
On Motion made by Ebenezer Platt Esq. and Seconded by Thomas Wickes it was Voted Unanimously that the Trustees of the Town for the time being be and are hereby Authorized and impowered to agree with the persons claiming certain Lands & Marshes on the South side of the Island as proprietors of what is called the Bating place purchase. To leave the said Matter in dispute to Referees to be appointed by Rule of Court and in case the said Claimants will not Agree to that Measure that then and in that case if the said Claimants think propper to Issue pro- cess in the Law that the said Trustees for the time being be and are hereby Authorized and impowered to defend the said suit in behalf of the Town.
Also on Motion made by Capt Timothy Conkling and Seconded by Docter James Sanford. It was Voted Unan- imously
That Thomas Wickes Esq. Ebenezer Platt Esq. and Capt. Timothy Conkling be and are hereby appointed Commission- ers to attend the Circuit Court to be holden in the County
180
HUNTINGTON TOWN RECORDS.
of Queens on the eleventh Instant for the purpose of pre- senting an alteration made in the public Country Road leading from the Town of Huntington to Hemstead Plains and so on to Brooklyn Ferry which Road is in the Town of Oysterbay in Queens County and Altered and laid out through Land belonging to John Hulet of the said Town of Oysterbay from going through the Hollow on the East side of the dwelling House where George Youngs lately lived to go on a straight and direct course to the said plains where the road formerly was laid out and continued to be a good road at all seasons of the year for many years, and perhaps ever since that part of the Country has been settled to go over hills to difficult to go up with Loads and extremely dangerous to go down with any kind of Carriages on the west and North of the said dwelling House late of the said George Youngs as a public Nusance.
Certified by John Ketcham Clerk. (Town Meetings, Vol. II, p. 150 ) (File No. - )
[TRUSTEES' MINUTES-BAITING PLACE PURCHASE.]
[1794, Oct. 2.]
At a Meeting held at the House of Eliphilet Chichester Jun' at West Hills the second day of October 1794 Present Jacamiah Brush President Zophar Platt, John Oakley Timothy Conkling Jun', Timothy Carll Jun" and Henry Scudder Trustees on the part of the Town of Huntington And Abijah Ketcham Zebulon Ketcham Silas Sammis and Ebenezer Hartt as a Committee on the part of the pro- prietors of Bating place purchase. It was Agreed Unan-
ISr
HUNTINGTON TOWN RECORDS.
imously That Selah Strong John Hulbert and John Smith be the Referees to be appointed by a rule of Court in Suffolk County Common pleas to determine a dispute subsisting between said Town and said proprietors upon said Committee filing a declaration in said Court unto which said Trustees will plead by Mutial Consent.
JACAMIAH BRUSH, President. ABIJAH KETCHAM
ZEBULON KETCHAM Committee. EBENEZER HARTT
A True Copy Delivered to me by Henry Scudder 3ª of Oct. 1794.
John Ketcham, Town Clerk. (Town Meetings. Vol. II. p. 151.) (File No. -. )
[TOWN MEETING.]
[1795, Feb. 16.]
At a Special Town Meeting of the Freeholders & Inhab- itants of the Town of Huntington duly warned and held at the House of Gilbert Platt Inn Keeper in said Town on the Sixteenth of February A. D. 1795 for the purpose of Considering what Number of Taverns will be sufficient to License the ensuing year in said Town &c. Voted that John Brush shall be moderator of said meeting and James Sanford Clerk of the same.
Resolved, that it be recommended to the Commissioners of Excise to License Ten Taverns in the following dis- tricts viz Two in the Town Spot one between thence and the Bound of Smith Town on the North road, One near the Borders of Wene-comack, one in Dicks Hills, Two at South & One in the Hollow Hills & one at Sweet Hollow and one at Huntington Harbor.
182
HUNTINGTON TOWN RECORDS.
Resolved, that the following persons be requested to At- tend the Commissioners on the second of next March to Consult with them upon the proper persons to be licenced in their respective destricts viz. In the Town Spot Capt. Timothy Conkling Thomas Roc, up-Town, Down Town David Rusco Jr. John Wickes North Road, Thomas Skil- man Joseph Platt Wenecomack Jacobus Hubbs Ellis Carll South Jesse Ketcham Silas Muncy, Half Hollow Hills John Carmon John Ruland. Sweet Hollow Zophar Ketch- am Sam" Oakley Harbour Jonathan Titus Jonathan Scud- der Dix Hills Jonah Wood Nath11 Buffett.
Also Resolved, that Thomas Wickes Ebenezer Platt and Timothy Conkling apply to the Commissioners of Oyster bay to endeavour to get the Road that leads to New York Altered and that their Expences be defrayed by the Town. JOHN BRUSH, Chairman. JAMES SANDFORD, Clerk. Certifyed by John Ketcham, Town Clerk. (Town Meetings, Vol. II, p. 152.)
[1795, March 2.]
March 2ª 1795 A List of Taverns in Huntington.
Jonathan Titus £2, Epenetus Bryant 4, 12, 0, Thomas Farrington 5, 12, Eliphilet Chichester 5, 12, Platt Brush 5, 12, David C. Bryant 5, 12, Thomas Roe, 5, 12, Thomas Fleet 5, 12, Jonathan Scudder 2, Jesse Smith 5, 12, 0, George Everit 3, 12, Thomas Ireland 5, 12, 0, Thomas Ketcham 4, 12, Amos Willits 5, 12, Gilbert Platt 5, 12, Timothy Williams 5, 12, Selah Conkling 4, 18, John Sned- icor 3, 12, John May 3, 12, Abijah Ketcham Licence for Nothing.
(File No. 190.)
183
HUNTINGTON TOWN RECORDS.
[TOWN MEETING.]
[1795, April 7.]
At an Annual Town Meeting held at the House of Gil- bert Platt Inn Keeper in Huntington on the Seventh day of April A. D. 1795,
The following Persons Chosen to transact Public Busi- ness for the Town of Huntington for one Year Together with By-Laws for said Town.
Trustees John Brush, President Henry Scudder John Oakley David Rusco John Ketcham Timothy Carll Jun™ Philip Conkling.
Town Clerk John Ketcham Esq.
Supervisor Capt. Israel Carll.
Assessors Selah Wood Esq. Capt. Timothy Carll Jun" John Ketcham Esq. Thomas Skilman.
Overseers of the Poor Philip Conkling David Rusco Jun™
Commissioners of Highways Selah Wood Esq. Capt. Timothy Carll Jun' Capt. Timothy Conkling Jun".
Collector Obediah Platt.
Constable Capt. Jonathan Titus.
Town Surveyors Capt. Timothy Carll Jun' Capt. Israel Carll John Oakley.
Pound Master Isaac Losee.
Fence Viewers Capt. David Smith and twenty five others.
Overseers of Highways Samuel Haviland and thirty two others.
ALSO VOTED, that the next Annual Town Meeting be held at the House of Gilbert Platt Inn Keeper In Hun- tington.
Hog act revived.
The Sheep act reenacted.
VOTED, that no Cattle or Horses be allowed on the High- way on Sundays.
184
HUNTINGTON TOWN RECORDS.
VOTED, that no person shall cut any Timber on the Com- mons in the Town of Huntington on the penalty of Twen- ty shillings per cord to be Recovered by the Trustees with Costs of suit.
ALSO VOTED, that the sum of Two hundred fifty pounds be raised for the present year to support the poor and Other Contingent Charges of the Town of Huntington.
John Ketcham, Town Clerk.
(Town Meetings, Vol. II, pp. 156-60.)
[PETITION TO TRUSTEES.]
[1795, May 20.]
May 20, 1795. We the subscribers Inhabitants of Cow- harbor would direct our request to the Consideration of Mr. John Brush President of Huntington. We think our- selves much aggrieved by a particular set of Persons who are making it their Business to catch and carry Clams & oysters to New England and as the Bed is but small they will soon all be destroyed and we forever be deprived of the priveledge we wish that some means might speedily be used to put a stop to it which would be a public benifit as well as a great convenience to us. The persons employed in the Business are two or three Free Blacks belonging to this Town & two or three others from we know not where. We are certain it is not for want of employment that would be more profit but because they are two Idle to follow it.
Phinihas Sills, Epenetus Bryan, David Bryan, Eliphalet Bunce, Isaac Smith, Nath11 Kelcy, Daniel Brown, Jesse Bryan, Edmund Scudder, Peter Hill, Thomas Higbee, Daniel Higbee, William * * * * , Joseph Higbee, Jona- than Brush, Eliphalet Carll, Stephen Higbe, Thomas Jar- vis, Joseph Platt, Jaems Hill, Ephram Oakes, Abel Akerley,
185
HUNTINGTON TOWN RECORDS.
Simon L. Jarvis, Nathaniel Kelcy, Nathaniel Havens, Je- mima Bird, Silas Wicks, Abigail Pedrick, Nathaniel Udell, · Scudder Lewis, Jacob * * * * , Samuel Ackerly, Jacob Ireland, Lemuel Wickes, Epenetus Smith, Scudder Platt. (File No. 198.)
[1795, June I.]
Advertisement. By order of the trustees To be hired out at Vendue the 13th day of June all the Islands and Beach from Cedar Island eastward to the Patent line. Vendue to be held at the house of Jesse Smith at the South side at 2 OClock of sd day.
Huntington, June 1, 1795. (File No. 199.)
JOHN BRUSH,
President of trustees.
[TRUSTEES' PROCEEDINGS.]
[1795, June 1.]
An Act to prevent the distruction of Clams and oysters &.
Whereas sundry persons are making a practice of taking and carrying away Clams and Oysters from the harbours on the North side of the Town of Huntington for the pre- vention of which,
Be it enacted and ordained by the Trustees of the Free- holders and Commonalaty of the Town of Huntington and it is hereby enacted and ordained by the authority of the same that if any person or persons after the tenth day of June one thousand and seven hundred and ninety five shall take and carry away out of any of the harbours on the North side of the township of Huntington either to Con-
I86
HUNTINGTON TOWN RECORDS.
necticut or else where any Clams or oysters he she or they ` or any one of them so offending shall forfeit the sum of forty shillings for every offence contrary to the true in- tent and meaning of this Act to be recovered before any one Justice of the Peace of the county of Suffolk in an action of debt by any person who shall sue for the same in which action the Plaintiff shall recover his costs one half the penalty so recovered shall belong to the complainant and the other half shall belong to the Overseers of the poor of the Town of Huntington for the use of the poor Pro- vided that nothing in this Act shall extend to prevent any person from taking Clams or Oysters for their own use or the use of their families residing within said township or to sell to any of the inhabitants of said township.
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