USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y. 1776-1873, Volume III > Part 15
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Sealed and delivered in the presence of ABEL KETCHAM PLATT CONKLING (File No. 293.)
[Seal.]
[18II, May 7.]
At a Meeting of the Board of Commissioners of Excise of Huntington in the County of Suffolk held at the dwell-
255
HUNTINGTON TOWN RECORDS.
ing house of Ebenezer Gould Inn keeper in said Town on the 7th May ISII
Resolved that the following persons be & hereby are Licensed as Tavern Keepers in said Town of Huntington for the ensuing year :
Joseph S. Jarvis Hally Beers Eliphelet Chichester Thomas Fleet Lewis Wicks John Beadell Jesse Platt Eben- ezer Gould Daniel Pearsall Ichebod Bedell David Conk. ling John Mulford John B. Scudder Samuel Whitson Epenetus Smith Elkanah Brush Abel Brush Platt Carll Jeffery A. Woodhull.
SAMUEL CARLL, JACCOMIAH BRUSH, NATHANIEL POTTER, JONATHAN GARDINER, MOSES ROLPH, Commr's of Excise.
(File No. 338.)
[TOWN MEETING.]
[Abstract.]
[18II, April 2.]
Election of Town Officers held on the 2nd day of April 18II to serve for one year.'
Town Clerk, Moses Rolph. Supervisor, Samuel Carll.
President of Trustees, Timothy Conkling. Trustees, Samuel Carll, Samuel Scidmore, Phineas Carll, Richard Conkling Jr., Solomon Ketcham, Elias Baylis. Assessors, Ezra Conkling, Timothy Carll, Charles Colyar, Matthew Gardiner, William Wicks. Overseers of Poor, Thomas Roe, Samuel Fleet. Constables, Nathaniel Rusco, Daniel Conkling, Peter Wickes, Epenetus Griffith, David Conk- ling. Commissioners of Highways, Amos Platt, Moses Scudder, Richard Oakley. Collector, Oliver Carll. Over- seers of Highways, Jonas Sammis and forty one others.
256
HUNTINGTON TOWN RECORDS.
Town Surveyors, John Oakley, Charles Colyar, Abel Ketcham. Fourteen Hundred dollars voted to meet ex- penses of maintainance of Poor of the Town. Fence Viewers, Josiah Smith and twenty seven others. Swine Act reenacted.
At a special Town Meeting May 16th 1811, Jacob Smith was chosen to serve as Constable.
Recorded by Moses Rolph, Town Clerk.
(Town Meetings, Vol, II, pp. 298-304.)
[BOND. JACOB HARNED AND ELIAS SMITH.]
[1812, Feb. 27.]
Know all men by these presents that we Jacob Harned and Elias Smith of Smith Town in Suffolk County and State of New York am held and firmly Bound unto Timo- they Conkling Phineas Carll Richard Conkling Juner Sol- omon Ketcham Elias Bayliss Samuel Carll & Samuel Scidmore present Trustees of the freeholders and Com- monality of the Town of Huntington County and State aforesaid in the penal sum of two thousand Dollars to be paid unto them the said Timothey Conkling Phineas Carll Richard Conkling Jr. Solomon Kitcham Elias Baylis Sam- uel Carll and Samuel Scidmore or to their successors in Office wich payment well and truly to be made and Done we bind ourselves our heirs Executors and Administrators firmly by these presents scald with our seals and Dated the twenty seventh Day of February eighteen hundred and twelve.
Whereas a certain Dispute has taken place between the said Jacob . Harned and Elias Smith and the aforesaid Timothy Conkling Phineas Carll Richard Conkling Junior.
257
HUNTINGTON TOWN RECORDS.
Solomon Ketcham Elias Baylis Samuel Carll and Samuel Scidmore Trustees as aforesaid Touching and Concerning the South and West bounds of Wenea Commack patent. Now the Condition of the above Obligation is such that if the above Bound Jacob Harned and Elias Smith their heirs Executors or Adminestrators and every of them do and shall for and on their part and behalf in all things well and truly stand to abide and perform fullfill and keep the Award Arbitratement order and Determination of John WV. Seamon Jesse Merrit and Samuel Burr Junor. all of the County of Queens and State above said or any two of them Arbetrators Indifferent chosen as well on the part of the said Jacob Harned and Elias Smith as on the part and Be- half of the said Timothy Conkling Phineas Carll Richard Conkling Junor Solomon Ketcham, Elias Baylis Samuel Carll and Samuel Scidmore Trustees as aforesaid to Arbi- trate adjudge of Determine and Agree upon touching and Concerning the south and West bounds of Wenea Com- mack patent so always as the said Award Arbitratement final end and Determination of the said south and West bounds of Wenea Commack patent be made in Writing and A Chart thereof Ready to be Delivered to the said parties under the hands and seals of the said Arbitrators or any two of them on or before the first Day of April now Next Ensuing the Date of these presents then this Obliga- tions to be null and void Otherwise to Remain in full power efect and Virtue in the Law.
JACOB HARNED [Seal.] ELIAS SMITH [Seal.]
Signed sealed and Delivered In the presence of SAMUEL VAIL. JESSE SCUDDER. (File No. 290.)
258
HUNTINGTON TOWN RECORDS.
[DEED. JACOB HARNED AND ELIAS SMITH TO TOWN TRUSTEES .* ]
[1812, March 21.]
Know all men by these presents that we Jacob Hearned and Elias Smith of Smithtown County of suffolk & State of New York for Divers good Causes and Considerations have Remised released and forever quit-claimed and do for us our heirs Executors Adm" and assigns Remise Re- lease and for ever quit Claim unto Timothy Conkling Phineas Carll Richard Conkling Jn' Solomon Ketcham Elias Bayles Samuel Carll Samuel Scidmore present Trus- tees of the Freeholders and Commonalty of the Town of Huntington County & State aforesaid and to their Succes- sors for ever all the estate Right Title claim and demand whatsoever of in or to all that land South of Weana Com- mack pattent that is to say South of the bounds hereafter Described begining at the Northwest Corner of Said pat- tent Measureing Two Hundred Three chain and Thirty Seven links on the Confirmation line to a blacke oake Sapling marked and Stones around it then runing South Eighty nine Degrees & forty five minutes East Ninety Eight Chain & Sixty eight links to Elias Smith land thence South Six and a half west Six Chains & forty four links to A Stone being Elias Smith South west Corner thence East on the olde line of Marked Trees South Eighty Seven and ThreeQuarters west one hundred and Sixty five Chain to the South east Corner of Vandams line or Crooks Survey Whereas a Dispute has for many years been Concerning the South Bounds of the Pattent of Weana Commack pattent and the north and East bounds of our olde pattent
[* By consulting file No. 295 a small map will be found, show- ing the location of the premises conveyed by this deed in con- nection with a map of the land conveyed to the Trustees by Anning Moubray .- C. R. S.]
259
HUNTINGTON TOWN RECORDS.
In the east part of The Town of Huntington and we Jacob Harned and Elias Smith do for our Selves our heirs Exe- cutors Adms and assigns for Ever quit claim unto Timothy Conkling Phineas Carll Richard Conkling Jn' Solomon Ketcham Elias Bayles Samuel Carll and Samuel Scidmore present Trustees of the Freeholders of the Commonalty of the Town of Huntington and to their Successors in office for ever all our Right Title claim & Demand of whatsoever kind or nature laying South of the said line above Described and the North line of Islip as Witness our hands and seals this Twenty first day of March in The year of our Lord one Thousand Eight hundred and Twelve. JACOB HEARNED [Seal.] ELIAS SMITH [Seal.]
Signed Sealed & Delivered In the presence of
MATTHEW GARDINER. WILLIAM BLYDENBURGII.
Recorded by Moses Rolph
Town Clerk. (File No. 332, & Deeds and Leases by Trustees, Vol. I, pp. 11 12.)
[TOWN MEETING.]
[Abstract.]
[1812, April 12.]
Election of Town Officers held on the 7th day of April 1812, to serve for one year :
Town Clerk, Moses Rolph. Supervisor, Samuel Carll. President of Trustees, Timothy Conkling. Trustees, Samuel Carll, Samuel Scidmore, Phineas Carll, Richard Conkling Jun', Solomon Ketcham, Elias Baylis. Assess- ors, Ezra Conkling, Timothy Carll, Charles Colyar, Mat-
260
HUNTINGTON TOWN RECORDS.
thew Gardiner, William Wickes. Overseers of Poor, Solomon Ketcham, Samuel Fleet. Constables and Col- lectors, Jacob Smith, Nathaniel Rusco, Daniel Conkling, Epenetus Griffith. Commissioners of Highways, Epenetus Sammis, Moses Scudder, Richard Oakley. Town Sur- veyors, John Oakley, Charles Colyar, Abel Ketcham. Overseers of Highways, Jonas Sammis and fifty others. Fence Viewers, Joshua Smith and twenty eight others. Thomas Woodward, Pound Master.
Twelve hundred dollars voted to meet expenses main- tainance of Poor of the Town. Swine act reenacted.
"AAlso Voted that all persons who Cut pine Wood on the undivided pine plains belonging to the Town of Hun- tington the Last winter or spring should be Liable to pay twenty five Cents per Cord for each and Every Cord so Cut.
Recorded by Moses Rolph, Town Clerk.
(Town Meetings, Vol. II, pp. 305-10 )
[1812, May 5.]
List of Excise May 5th 1812.
Jeffery A. Woodhull John Mulford Hally Beers John B. Scudder Abel Brush Jesse Platt Israel Carll John Beadell Benjamin Rushmore Thomas Smith Samuel Fleet Epen- etus Smith Ichabod Beadle Asa Chichester, Joseph Jarvis Ebenezer Gould Thomas Roe Nathaniel Potter Isaac Conkling David Conkling, Henry Scudder Lewis, Lewis Wickes, James West, Israel Youngs Alanson Hoyt Luther Loper Williams & Woolsey Daniel Jarvis Bathsheba May, Platt Carll.
(File No. 339.)
+
26I
HUNTINGTON TOWN RECORDS.
[THE NICOLL SUIT.]
[1813, Jan. 20.]
At a Court of Chancery held for the State of New York at the Capital in the City of Albany 20th Jany 1813.
Present the Honorable John Lansing Junr Esqr Chan- cellor.
William Nicol, Infant by Selah Strong his Guardian vs. The Trustees of the freeholders and commonalty of the Town of Huntington Isaiah Jarvis & others.
Messrs. Riggs James and Harison of Council for the Complainants, and Messrs. Sandford & Hoffman of Council for the Defendants in the above Cause having been heard last Octobr Term on the Affidavits Read in the Said Cause and on the petition of the Complainants by Mr Caleb S. Riggs his Solicitor Setting forth among other things that the above named Selah Strong together with Richard Udal were by this Court appointed Guardians of the person and Estate of the said william Nicol within a few weeks after his Birth owing to the particular Situation of His Estate at that time, that the present Suite was com- menced when the said william Nicol was of the age of about Six years by the said Selah Strong and Richard Udal as his Guardians and has been presented in that manner Until on or about the Twenty Sixth day of May last when this Court on the Application of the said Wil- liam Nicol with the Consent of the Said Selah Strong and Richard Udal dismissed the Said Richard Udal from Being Guardian of the said william Nicol and Ordering that his Name be Considered as being Struck out of the Record in the Said Suite and that all Subsequent pro- ceeding in the Said Suite Should be in the name of the Said Selah Strong alone as Such Guardian-that the Said Order by which the Said Richard Udal is dismissed as
262
HUNTINGTON TOWN RECORDS.
Guardian as aforesaid was Granted on account of its appearing to the Court that the Said Richard Udal was an Important Witness for the said William Nicoll that no Steps have Been taken in the Said Suite Since the Said order dismissing the Said Richard Udal from his Said Guardian Ship was Entered as aforesaid, that on the hear- ing of the Cause Certain feigned issues were directed to be made up and tryed by A special Jury and the Same were made Up and Tried accordingly after which the Said petitioner applied for and obtained an order for a Rehearing which as the Said petitioner was advised opens the Whole Case for the Consideration of this Court as it Stood before the Same was heard that the Said Richard Udal is now in a situation to be A Competent witness for the Said petitioner and he is advised by his Council and believes that the Testimony of the Said Richard Udal is very Important for the Said petitioner on the merits of this Cause of which he Cannot avail himself in a full and beneficial manner without he Shall be examined in the Cause in this Court because Unless the Said Testimony be so taken it will not form part of the Evidence on the Rehearing nor in the Court above on an appeal Should an appeal Take place, that within a few days before the date of the Said petition the Said petitioner or his Council for the first time became acquainted with the Existence of a manuscript book found among the deeds and Title papers of the Loyd family present or Late owners of the Estate on the North side of Long island known by the name of Loyds Neck which Contains many entres made by and in the handwriting of James Loyd then owner of Loyds neck and of other property on the south side of Long island in the Neighborhood of the property in Question in this Cause and other Entries made by Henry Loyd the Son of the Said James Loyd after his decease, which Said James Loyd died between the Tenth day of April 1684 and the
263
HUNTINGTON TOWN RECORDS.
22nd of Sept 1693 as the Said petitioner Understands and believes from a Coppy of the Said James Loyds Will Entered in the Said book and an Entry of the time the Same was proved in Which Said book is contained a diagram or Map of Long island together with the South Bay and with the Beach on the South side thereof which Map so far as relates to Long island the bay and beach purports to have been Copied from Riders Survey of Long island on a leaf of the Said book by the Said James Loyd in his Lifetime and from which it appears that at that time there was not any Gut water passage or inlet through any beach from the Bay to the ocean Except one to the" Westward of all the Islands in Question in this Cause that Riders Survey in the Said petition mentioned if it Can be Discovered and proved or the Said Copy Contained in the Said Book if Authenticated by proof will be Material Testimony for the Said petitioner in this cause tending to Shew that all the Islands in Question were Comprehended in the patent Under which the Said Petitioner Claims Title to the Same and praying an Order for the Examination of the Said Richard Udal as a witness for the Said petitioner in this Cause on the Usual Notice to the adverse party and to Examine witness to prove Rider's Survey if to be found and to prove the Authen- ticity of the Said manuscript book and the Entries thereof particularly the Said Diagram or Map of Long island the South Bay and the beach on the South side thereof in such manner as the Said petitioner Shall be advised to make the Same evidence in this Cause if Such proof Shall be in his power and due delibereation thereon having thereon been had it is ordered that the Said Richard Udal be Examined as a witness in the said Cause on giving the usual notice to the adverse party of Such Examination and that the Said petitioner have leave to Examine Witnesses to prove Riders Survey and also to prove the Authenticity
264
HUNTINGTON TOWN RECORDS.
of the manuscript book in the Said petition mentioned and the entries therein and the Said Diagram or Map of Long island the South Bay and the beach on the South side thereof and that the Depositions and proofs to be taken as evidence in this Cause Notwithstanding that Publication has passed therein and Subsequent proceedings been had therein in like Manner as though Publication had not passed in the Said Cause .*
[A Copy.]
SANDERS LANSING, Register. (File No. 348.)
[TOWN MEETING.]
[Abstract.]
[1813, April 6.]
Election of Town Officers held on the 6th day of April 1813, to serve one year.
Town Clerk, Moses Rolph. Supervisor, Samuel Carll. President of Trustees, Nathaniel Potter. Trustees, Alex- ander Lewis, Phineas Carll, Samuel Carll, Richard Conk- ling, Solomon Ketcham, Elias Baylis. Assessors, William Wickes, Jonathan Gardiner, Ezra Conkling, Timothy Carll, Abel Ketcham. Collector, Daniel Conkling, (ac- cepted the office at the rate of nine cents per twenty shil- lings collected.) Constables, Jacob Smith, John D. Brush, Peter Wickes, Daniel Conkling, Timothy Conkling. Overseers of the Poor, Solomon Ketcham, Samuel Fleet.
[* The Lloyd manuscript book and map, above referred to, are now in the possession of Henry Lloyd, of Huntington, a descendant of the James Lloyd above mentioned, and these papers have furnished evidence in many important suits and legal proceedings since this .- C. R. S.]
265
HUNTINGTON TOWN RECORDS.
Commissioners of Highways, Moses Scudder, Epenetus Sammis, Abel Ketcham. School Commissioners for Com- mon School, Samuel Fleet, Elias Baylis, Thomas Gould. Fence Viewers, Josiah Smith and thirty others.
"Voted that the Town Raise by tax as much Money as is Granted to Sd Town by Law for the Common School fund."
Voted eighteen hundred dollars (including School Tax) to meet expenses maintainance of Poor of the Town. Overseers of Highways, Zophar Ketcham and forty seven others. Swine act reenacted. Act relating to pasturing Cattle on the Town Beach with penalty, reenacted. Town Surveyors, John Oakley, Charles Colyar, Abel Ketcham.
Town Meetings, Vol. II, pp. 311-18.)
[1813, May 5.]
At a Meeting of the Commissioners of Excise of the Town of Huntington in the County of Suffolk held at the Dwelling house of Platt Carll on the fifth Day of May 1813.
Resolved that the following persons be licensed to keep inns or Taverns in the said Town of Huntington for one year from this Date.
Jeffery Woodhull, John Mulford Platt Carll Thomas Seaman Epenetus Smith Jesse Platt Ebenezer Gould Hawley Beers Isaac Conkling Assa Chichester Moses Hill Daniel Jarvis.
SAMUEL CARLL, DIVINE HEWLETT, MOSES ROLPH, WILLIAM WICKES, CHARLES COLYER, Commissioners of Excise.
(File No. 315.)
266
HUNTINGTON TOWN RECORDS. [SPECIAL TOWN MEETING.]
[Abstract.]
[1813, Dec. 23.]
"At a Special Town Meeting held at the House of Platt Carll on Thursday the 23rd Day of December 1813 for the Express purpose of Chooseing Inspectors of Common School in the Town of Huntington the following persons were chosen viz: Daniel Jarvis, Abel Ketcham, John Rogers, Thomas Leoland, Thomas Ketcham (of Jesse) William Woodhull, Inspectors of Common Schools.
Recorded by me Moses Rolph Town Clerk of the Town of Huntington aforesaid."
(Town Meetings, Vol II, p. 319.)
[DEED. ANNING MOUBRAY TO TOWN TRUSTEES.]
[1814, Jan. 15.]
To all to whome these presents shall come know ye that I Anning Moubray of Islip in the County of Suffolk and State of New York. Have remised released and forever quitclaimed, and by these presents Do for myself my heirs executors and administrators remise release and forever quit-claim unto Nathaniel Potter President of the Trustees of the Town of Huntington in the County and State afore- said and Phinehas Carll Solomon Ketcham Alexander Lewis Richard Conkling, Elias Baylis and Samuel Carll present Trustees of the freeholders and commonalty of said Town of Huntington and to their successors in office ; All that certain tract or parcel of Pine Plains within the said County of Suffolk situate as follows Beginning one
267
HUNTINGTON TOWN RECORDS.
hundred and fifty two chains from the Candle wood road so called, or Nicolls road on a due north line from the head of Orawack Brook or River, and at the distance of one hundred and sixty chains and fifty links from the liead of said Brook or River at a stake and stones thence run- ning due west till it shall intersect a line running due north from the east Brook of Apple tree neck ; thence on a due north line to Conklins road, or the middle Country road so called, thence along said road easterly, until a line on the south part of the land of Elias Smiths crosses said road ; thence by the land of said Elias Smith easterly, until a due south line shall strike the place of beginning- To have and to hold all and singular the above mentioned premises and every part and parcel thereof with the ap- purtenances unto the said Trustees of the Freeholders and commonality of the said Town of Huntington and their successors forever So that neither I the said Anning Mou- bray, my heirs, executors or administrators, at any time hereafter shall or will claim challenge or demand any in- terest property benefit or other thing in any manner what- soever to the above mentioned premises belonging or in any wise appertaining ; But of and from all claims and de- mands which I the said Anning Moubray my heirs execu- tors or administrators may have concerning the same shall be forever barred by these presents. In witness whereof I have hereunto set my hand and seal the fifteenth day of January, in the year of our Lord one thousand eight hundred and fourteen.
ANNING MOUBRAY [Seal.]
Sealed and Delivered In the presence of SELAH CARLL. JOSHUA WICKS.
268
HUNTINGTON TOWN RECORDS.
Draught of within described and quit-claimed premises as drawn from actual survey, January 10th 1814 .*
By Abel Ketcham, Surveyor.
[Here follows map of the premises made by Abel Ketcham, Surveyor, January 10, 1814.]
STATE OF NEW YORK SS :
SUFFOLK COUNTY
On the 15th day February in the year 1842 Selah Carll with whome I am personally acquainted came before me and being by me duly sworn depose and say that he is a resident of the Town of Huntington in the County of Suf- folk that he saw Anning Moubry execute the within con- veyance that he the said Selah Carll subscribed his name thereto as a witness and that he knew the said Anning Moubray to be the person Described in and who executed the said conveyance.
JOEL JARVIS, Justice of the Peace.
(Deeds and Leases by Trustees, Vol. I, p. 13.)
[TOWN MEETING.]
[Abstract.]
[1814, April 5.]
Election of Town officers held on the 5th day of April 1814, to serve for one year.
Town Clerk, Moses Rolph. Supervisor, Samuel Fleet. President of Trustees, Timothy Conkling. Trustees, Alexander Lewis, Phineas Carll, Samuel Carll, Richard Conkling Jun' Solomon Ketcham, Charles Baylis. Over-
[* The map of these premises, which embraces about 2,000 acres of land now in the Town of Islip, will be found on a page of the original deed, File No. 294. The land was afterwards sold by the Town Trustees .- C. R. S.]
269
HUNTINGTON TOWN RECORDS.
seers of the Poor, Samuel Fleet, Solomon Ketcham. Town Sealer, Abel Ketcham. Collector, Daniel Conkling. Con- stables, Elkanah Platt, Jacob Smith, Daniel Conkling, Peter Wickes. Commissioners of Highways, Isreal Platt, Abel Ketcham, Thomas Ketcham. Assessors, Ezra Conkling, Timothy Carll, Samuel Scidmore, William Wickes, Abel Ketcham. Pound Master, Thomas Woodward. Town Surveyors, John Oakley, Charles Colyar, Abel Ketcham. Inspectors of Common Schools, Daniel Jarvis, Abel Ketcham, John Rogers, Thomas Ireland, Thomas Ketcham (of Jesse), William Woodhull. Overseers of Highways, Zophar Ketcham and forty six others. Fence Viewers, Ezra Smith and thirty two others. Swine act reenacted.
Voted twelve hundred dollars for school and contingent expenses of the Town. Law in relation to pasturing Cattle upon the Town Beach reenacted.
"Also Voted and enacted that no person shall gain any title to Sea Weed by heaping it on the Shores the North Side of the Town of Huntington and that it shall be as Lawful for any person to take & Carry away all Sea Weed Lying on Sª Shores heapt or as the tide Left it."
"Recorded by me Moses Rolph Town Clerk of the Town of Huntington aforesaid."
(Town Meetings, Vol. II, pp. 320-26.)
[DECISION OF CHANCELLOR KENT IN THE NICOLL SUIT.]
[1814, April 29.]
At a Court of Chancery held for the State of New York at the Capitol in the City of Al- bany the 29th day of August 1814.
.270
HUNTINGTON TOWN RECORDS.
Present.
The Honorable JAMES KENT Esquire Chancellor.
WILLIAM NICOLL an infant by Selah Strong his Guardian. vs. THE TRUSTEES OF THE FREE- HOLDERS AND COMMONALITY OF THE TOWN OF HUNTING- TON and others.
This cause having been brought to a re-hearing in pursu- ance of an order for that purpose on the pleadings proofs and exhibits in the cause, at the City of New York at a Court of Chancery there held in the month of June in the year one thousand eight hundred and fourteen, and the matter having been opened by Mr Riggs of Counsel for the Complainant, and the pleadings, proofs and exhibits in the cause having been read and the Court having heard Counsel thereon as well for the Complainants as for the defendants, and mature deliberation being had by the Court thereon, and it appearing Satisfactorily to the Court that neither the Complainant nor Defendants the Trustees of the Freeholders Commonality of the Town of Hunting- ton who have respectively claimed title thereto have any right or title to the said Islands in the pleadings men- tioned, called Captree Island, Oak Island and Grass Isl- and, or to either of them, Whereupon it is ordered, ad- judged and decreed, and his honor the Chancellor doth by virtue of the power and authority of his Court according- ly order, adjudge and decree that the Complainants Bill be and the same is hereby dismissed but without Costs to be paid by either party to the other, each party being to pay his and their own Costs as well in this Court as for
27I
IIUNTINGTON TOWN RECORDS.
the trial at law of the feigned issue heretofore directed and tried-And it is further Ordered, adjudged and de- creed by the authority aforesaid that the actions at Law mentioned in the pleadings in this cause and now pending in the Supreme Court of this State and in which the Com- plainant is plaintiff touching the said Islands, some or one of them shall be discontinued and each party pay his own costs of suit therein.
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