USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y. 1776-1873, Volume III > Part 25
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Trustees authorized to publish notice in newspapers of the Town, the amount of money in their hands to loan up- on good security.
Freeholders not to be bound by any acts of Trustees loaning money unless the same be in writing and signed by the President and Clerk of the Town and all the Trus- tees voting for such loan.
Trustees authorized to collect by law all moneys due the Town for leases, rents, etc.
Resolved, that proceedings of Town Meetings be pub- lished in the newspapers of the Town.
Recorded by Josiah Smith,
Town Clerk.
(Town Meetings, Vol. III, pp. 87-93.)
427
HUNTINGTON TOWN RECORDS.
[TRUSTEES' PROCEEDINGS.]
[Abstract.]
[1856, April 25.]
LONG SWAMP, March 25th, 1856.
At a meeting of the Board of the Trustees of the free- holders and commonalty of the Town of Huntington,
Mr. Conklin presented a petition, signed by William Gardner and thirty others, inhabitants of the Town, that W. L. Titus be released from his obligation to keep a certain highway in repair, on motion, it was resolved that the prayer of the petition be granted, releasing Mr. Titus from so much of his original bond given in Jan. 1774, as is con- tained in the following words to wit, "and to have and make a good public highway three rods wide from the banks all the way down to the landing below the grist mill." On motion, the Board agreed to sell to Samuel and Edward Jones the fee simple of the leased property they hold under a lease to Samuel Whitson, dated the 8th of April 1830, for the sum of one hundred dollars, the papers to be executed and delivered April 1, 1856, on pay- ment of the money.
(File No 384.) (Trustees' Proceedings, Vol. I, p. 92.)
J. I. SHIPMAN, Pres.
[TRUSTEES' PROCEEDINGS.]
[Abstract.] [1856, April 26.]
Meeting of Trustees held on the 26th day of April, 1856. "On motion, it was resolved that the pound on the:
428
HUNTINGTON TOWN RECORDS.
South Side be located on the premises of Charles E. Ketcham adjoining his cow yard, on his executing a lease to the Trustees so long as the pound stands there. Also that Elbert Carll and Timothy J. Terry be a committee appointed to superintend in building said pound on the South Side of the Town."
GILBERT CARLL, ELBERT WALTERS, ZEBULON BUFFETT, ELBERL CARLL, TIMOTHY J. TERRY.
Recorded by Josiah Smith, Clerk.
(Trustees' Proceedings, Vol. I, pp. 104-5.)
[1856, April 29.]
"I do hereby agree not to commence any suit against the present President and Trustees of the Town of Hun- tington, that is, those elected on the first Tuesday of April, 1856, for damage I sustained by injunction laid on me for cutting timber on the common lands belonging to the said Town of Huntington in the Fall of 1855, provided they discontinue a suit commenced near the said time. Dated, Huntington, April 29, 1856.
In presence of
LAWRENCE SEAMAN, Jr. DAVID H. X SCIDMORE mark
his
Recorded by Josiah Smith, Clerk. (Trustees' Proceedings, Vol. I, p. 106.)
[TRUSTEES' PROCEEDINGS.]
[Abstract.] [1856, May 31.]
At a meeting of the Trustees of the Town of Hunting-
429
HUNTINGTON TOWN RECORDS.
ton held at Elias Smith's, Saturday, May 31st, 1856,
On complaint being made to the Board of Trustees of people carting sand away from the bank opposite the house of Doctor Joseph H. Ray,
That all persons are forbid taking any of the said bank away on penalty of the law, and that Israel Scudder, one of the Commissioners of Highways, is appointed to prevent any depredations on or about the premises.
Jacob Smith, Clerk.
(File No. 385.)
[LEASE. TRUSTEES TO MOSES L. SCUDDER AND OTHERS.]
[Abstract.] [1856, May 31.]
Lease-Trustees to Moses L. Scudder and others, dated 31st day of May, 1856.
"A certain piece of land by the highway adjoining the shore of Huntington harbor, bounded as follows: begin- ning from the north line of the parties of the second part and running westerly in the harbor two rods from the west side of the road, thence southerly along the shore seven chains, to have the privilege of building a sea-wall and filling in the same the whole distance two rods wide from the west side of the highway.".
Term, twelve years.
Rental, one dollar yearly.
Lessee given option to renew for same period upon terms to be agreed upon.
Witness JOSIAH SMITH
GILBERT CARLL, [Seal.] Pres. of Trustees.
Recorded by Josiah Smith,
Town Clerk.
(Deeds and Leases by Trustees, p. 109.)
430
HUNTINGTON TOWN RECORDS. .
[LEASE. TRUSTEES TO WILLIAM C. STOUT AND OTHERS.]
[Abstract.] [1856, July 26.]
Lease-Trustees to Wm. C. Stout and others, dated 26th day of July, 1856.
"A certain piece of land covered with water situate in the said Town of Huntington at a place called and known by the name of East Neck, bounded as follows : beginning at the centre of the highway leading from Huntington village to the bay at East Neck through the estate of Titus Conklin, deceased, from the centre of said highway east- erly forty feet, thence at right angles with the shore or highwater mark into the Bay one hundred and thirty feet, thence westerly parallel with the shore two hundred feet, thence at right angles to the shore or ordinary highwater mark, thence easterly to the place of beginning in front of the property leased to the parties of the second part by the heirs of Titus Conklin, deceased, for the express pur- pose of building a steamboat dock."
Term, twelve years.
Rental, one dollar yearly.
Trustees reserve right of re-entry in event of non-pay- ment of rent.
Covenant of quiet enjoyment.
Lessee given option to renew for same period and upon such terms as may be agreed upon.
Witness
JOSIAHI SMITH
GILBERT CARLL, [Seal.] Pres. of Trustees. Recorded by Josiah Smith, Town Clerk.
(Deeds and Leases by Trustees, pp. 110-11.)
431
HUNTINGTON TOWN RECORDS. [TRUSTEES' PROCEEDINGS.]
[Abstract.]
[1856, Sept. 27.]
Meeting of Trustees held on the 27th day of Sept., 1856.
"Resolved that the President of Trustees, Gilbert Carll, be empowered to commence suit against Samuel P. Hartt for back lease rent of shore privilege at Northport.
TIMOTHY J. TERRY, ZEBULON BUFFETT, ELBERT WAL- TERS, ELBERT CARLL, JOHN D. HEWLETT.
Recorded by Josiah Smith, Clerk. (Trustees' Proceedings, Vol. I, p. 111 )
[TRUSTEES' PROCEEDINGS.]
[Abstract.]
[1857, Feb. 28.]
Meeting of Trustees, held on the 28th day of Feb., 1857. "Resolved that J. Lawrence Smith be authorized to serve a writ of ejectment and dispossess Samuel P. Hartt and Moses B. Hartt of the docking privileges at North- port, unless they pay up old arrearages to J. Lawrence Smith."
GILBERT CARLL, ELBERT WALTERS, ELBERT CARLL, JOHN D. HEWLETT, ZEBULON BUFFETT, CHARLES V. SCUDDER.
Recorded by Josiah Smith, Clerk.
(Trustees' Proceedings, Vol. 1, pp, 114-15.) 1
432
HUNTINGTON TOWN RECORDS.
[DIVISION OF GREAT EAST NECK, SOUTH.]
[1857, Dec. 4.]
We, the undersigned proprietors of the undivided por- tion of land lying in Great East Neck purchase in the Town of Huntington, County of Suffolk, State of New York, in consideration that we as owners in common of said undivided land do not wish to occupy severally land belonging to us jointly, it being the fruitful source of innumerable disputes in regard to whether one or more of such joint owners obtains more than his or their just pro- portion of the wood thereon growing ; to avoid in future such disputes, and in further consideration of the sum of five cents to us severally in hand duly paid by James B. Kirb;, one of the joint owners, doth hereby agree that the said undivided land be divided in two parts, equal in value, or as near as can be ascertained by the Surveyor, the one part to be held and owned by the heirs of the late Joel Davis, to them, their and each of their heirs forever. The other part to be held and owned by the legatees and heirs of the late William Albin, deceased, in accordance with the terms of his last will and testament, their and each of their heirs forever. We also agree that the above mentioned land shall be surveyed by James I. Shipman, Esq., and that the survey so made by him, marking the said line dividing the lands aforesaid, shall be and remain the true division and boundary line between the heirs above mentioned forever. And we hereby agree jointly and severally to pay our respective portions of the ex- pense of the said survey to James B. Kirby, or his agent, whenever either shall call upon us after the completion of the said survey, according to our respective claims in said purchase lands. In Witness whereof we have here- unto set our hands and seals this fourth day of December,
433
HUNTINGTON TOWN RECORDS.
one thousand eight hundred and fifty-seven.
JEREMIAH ALBIN, her
[Seal.]
PEONA X JOHNSON, [Seal.]
mark
her
CATHERINE X ANN SAMMIS, [Seal.]
mark
JANE DAVIS, [Seal.]
ELSE ANN SAMMIS,
[Seal.]
SCUDDER DAVIS,
[Seal.]
his
ALEXANDER X DAVIS, [Seal.]
mark
SARAH E. PEARSALL,
[Seal.]
his
LEMUEL X DAVIS,
[Seal.]
mark
CONNELLY ANTON, [Seal.]
his
M. X WOOD,
[Seal.]
mark
her
SARAH X HENDRICKSON,
[Seal.]
mark
PERRY SMITH,
[Seal.]
JOEL S. DAVIS,
[Seal.]
CAROLINE SMITH,
[Seal.]
JOHN ALBIN,
[Seal.]
[1857, Dec. 19.]
HUNTINGTON, Dec. 19, 1857. TO ALL WHOM IT MAY CONCERN :
Know ye that I, James I. Shipman, Surveyor, in con- formity with the agreement herewith, did on the 15th day
434
HUNTINGTON TOWN RECORDS.
of December, 1857, commence the survey of the undivided lands of East Neck Purchase, assisted by the proprietors thereof, and continued the survey and division thereof until the evening of the 19th inst., aforesaid. The under- signed reports the following as the result of the survey and division, namely : The east line commences at a point where the line of the 15th lot of the Squaw Pit Purchase crossing the center of Beaver Pond, touches the east side thereof about 15 links from the water, and proceeding thence south 41 deg., 30 min. E., 72 chains, 25 links to a stake, thence S. 83 deg., 45 min. W., 34 chains to the centre of Santepogue River, thence northwardly along the center of the river aforesaid to the south line of the 15th lot of the Squaw Pit Purchase, thence along the line of said 15th lot N. 58 deg., 30 min. E. to the place of beginning.
The division thereof was performed as follows: the line between the divided and the undivided part of the pur- chase was fixed by the consent of a majority of the pro- prietors, and is the south line of the survey above de- scribed, commencing 72 chains, 25 links along the East Neck Purchase line southward and running thence S. 83 deg., 45 min. W. (by compass) west (true meridian) to the center of Santepogue River.
The tract above described was then divided into two portions by running the same course S. 83 deg., 45 min. W., commencing 48 chains, 25 links from the starting point on the east line aforesaid southward. The south portion, containing by estimation 57 acres, and the north half 96 acres. By agreement of a majority of the pro- prietors the right of choice was put up at auction, the proceeds of the sale to be appropriated towards the ex- penses of the survey and division, and struck off to Jere- miah Albin for twelve dollars and seventy-five cents. Mr. Albin for himself, and Mr. J. B. Kirby selected the south division. The proprietors of the northern sub-division, being consulted by a majority of two-thirds, agreed to a
435
HUNTINGTON TOWN RECORDS.
division and allotment, and the division and allotment was made as follows : Beginning at the division line, 48 chains, 25 links south from the starting point and measuring north wardly :
Lot 1-12 rods allotted to Lemuel Davis.
Lot 2-12 rods allotted to Alexander Davis.
Lot 3 -- 12 rods allotted to Tredwell Davis.
Lot 4-12 rods allotted to Pene Johnson.
Lot 5-24 rods allotted to Betsy Johnson. Lot 6-28 rods allotted to Scudder Davis.
Lot 7-40 rods allotted to Phebe Austin.
Lot 8-52 rods allotted to Joel S. Davis.
All the above allotments except the first, which was made by consent of two-thirds of the proprietors, were made by drawing names and numbers. For further par- ticulars and the more perfect understanding of the above, I have below made a map of the purchase as divided.
(Map on File.)
JAMES I. SHIPMAN,
(File No. 386.) Surveyor.
[PETITION OF A. SAMMIS FOR LEASE.]
[1857, March 2.]
To the Trustees of the Town of Huntington, County of Suffolk, State of New York, acting as Commissioners for said Town: Your petitioner, Alexander Sammis of the Town, County and State above mentioned, believes him- self to be entitled in law to a certain right of grant to a certain piece of dock, called the "old dock", situate in Hun- tington harbor, and that no other person is entitled to such grant, said land lying westwardly and adjoining the land owned and possessed by your petitioner, below high water mark. Your petitioner therefore prays that letters of grant or lease may be granted to him and his legal repre-
436
HUNTINGTON TOWN RECORDS.
sentatives, conveying to him an exclusive right to said dock for the term of twenty-one years from the date thereof, upon such terms and conditions as is common in such cases, and as is inculcated by the Statute law of this State. Your petitioner asks of you the power to collect wharfage, and he will keep said dock in good repair for the accommodation and convenience of the public. Your petitioner further prays that the conditions of said lease may allow him to have it renewed at the expiration of the said twenty-one years, on the same terms as the one for which your petitioner now prays. The description and boundaries of said dock land are as follows: beginning at high water mark at the southwest corner of petitioner's land, and running north seventy-nine and a half degrees west, to the channel; thence north sixteen and a half degrees east, and to extend fifty feet north of the present dock, for vessels to lie at and for an addition to said dock; thence eastwardly to high water mark and thence to the place of beginning.
Your petitioner prays that you will inform him of your action in regard to this petition at your earliest con- venience.
Yours respectfully, ALEXANDER SAMMIS,* Huntington Harbor. Recorded March 2, 1857, by Josiah Smith, Clerk. (Trustees' Proceedings, Vol. I, pp. 116-17.)
[* Alexander Sammis was persistent in his claim of right as. a riparian owner to the lands under water in front of his up- land, and a suit was the result between him and the Trustees or the existing lessees of the Town. The cause was tried in the Supreme Court and decided in favor of the Town, Justice Selah B. Strong rendering the opinion of General Term of the Court. This opinion was to the effect that the title to lands un- der waters in Huntington Harbor was vested in the Trustees of this Town by its several colonial grants and that the Trustees had the power to make a lease of the premises for dock or other purposes, notwithstanding the claim of the upland owner. The case will be found in the Law Reports of the State .- C. R. S.].
437
HUNTINGTON TOWN RECORDS.
[TRUSTEES' PROCEEDINGS.]
[1857, May. - ]
In regard to a petition presented by Alexander Sammis for a lease for a dock, Resolved, "That we take no action." Recorded by Josiah Smith,
Clerk.
[TRUSTEES' PROCEEDINGS.]
[Abstract.]
[1857, May 30.]
At a Trustees' Meeting held at the house of Elias Smith on May 30, 1857.
Complaint made by residents of Northport, that non- residents of the Town of Huntington are staking out and claiming ground in the bay and harbor of Northport cov- ered by water, and preventing inhabitants of said Town from catching oysters, clams and fish.
Recorded by Josiah Smith,
Clerk.
(Trustees' Proceedings, Vol. I, p. 123.)
[THE UNION CHURCH AT CENTREPORT.]
We, the inhabitants of little Cow Harbor, being desirous of building a house for public worship, have unanimously agreed to erect one on a safe and sure foundation, where or near the former one stood; each person subscribing therefor is to have an indisputable title or right in said house, their heirs and assigns forever, and in no case shall the rights be sold; the seats are ever to remain free and
438
HUNTINGTON TOWN RECORDS.
the house to be open for the reception or admission of the Methodist and Presbyterian societies, and called the Union Meeting House, in Cow Harbor and recorded as such on the records of this Town. The two societies are each to claim an equal right to preach in said house, say one sect on one Sabbath and the other on the next, and so continue to change alternately throughout and in the intermediate time the house is to be open and free for all denominations of Christians in good standing in society, when there are no regular preaching on the Sabbath by either of the said societies, and if any dispute should arise, it is to be amicably settled by the Trustees who are chosen annually by the proprietors and not to consist of any preachers of the gospel to control or hold any office appertaining to said house, and when any three of the proprietors shall apply for admittance to said house to transact any public business for religious worship, shall have free access thereto.
JESSE BUNCE, JONAS HIGBIE, Subscribing Committee.
GEORGE OAKES,
Names of the Subscribers.
Joseph C. Lewis, Jonas Higbie, Thomas Havens, Henry Smith, Epenetus Rogers, Isaac S. Ketcham, Samuel Noyes; Ichabod Jarvis, Roswell Driggs, Jonah Wood, Andrew Havens, John Carll, Jarvis Whitman, George Oakes, Jane Noves, Jeremiah H. Kelcey, Silas Gildersleeve, Alexander Ketcham, Jacob Platt, Joseph Titus, Elkanah Bunce, Jesse S. Bunce, Jacob Sammis, Albert Bunce, Joseph C. Higbie, Alfred Titus, Abiatha Johnson, Joseph Higbie, Henry C. Smith, Elizabeth Smith, Henry Jarvis, Edmund Jarvis, John S. Baylis, Benjamin Jarvis, Jarvis Bunce, Susan Jarvis, Ebenezer Jarvis, Moses Jarvis, Charles Akerly, Samuel Akerly, Gilbert Fleet, Alanson Bunce, Alanson Shadbolt, Joseph Dixon, M. H. Gardiner, Hannah Lewis, Jacob Sammis, Mortimer Fleet, Alexander Johnson, Cash,
439
HUNTINGTON TOWN RECORDS.
Obadiah Valentine, Israel Bunce, Stephen Higbie, Jesse Jarvis, Joel S. Bryan, Stephen Gildersleeve, George Oakes, Philip Udale, Jarvis Dennis, Alexander Jarvis, Alanson Shadbolt, Richard Sammis.
Recorded April 4, A. D., 1844, By Josiah Smith, Town Clerk. (Town Meetings, Vol. III, pp. 24-25.)
[TRUSTEES' PROCEEDINGS.]
[Abstract.]
1858, Feb. 6.]
Meeting of Trustees held on the 6th day of February, 1858.
"William Tillot agrees with the Board of Trustees to take the poor for one dollar per week per head from the Ist of April 1858 to the Ist of April 1859."
GILBERT CARLL, Pres. Recorded by Josiah Smith,
Clerk.
(Trustees' Proceedings, Vol. I, p. 125.)
[TOWN MEETING.]
[Abstract.]
[1858, April 6.]
At an Annual Town Meeting of the Town of Hunting- ton, held at the house of Elias Smith in said Town, April 6th, 1858, the following Town Acts were passed and Town Officers elected :
Supervisor, Charles A. Floyd. President of Trustees, Gilbert Carll. Trustees, Brewster Conklin, Zebulon Buf-
440
HUNTINGTON TOWN RECORDS.
fett, Elbert Carll, Andrew Ketcham, Israel Carll, John D. Hewlett. Town Clerk, Josiah Smith. Justices of the Peace, Timothy S. Carll (long term), John D. Hewlett (to fill a vacancy occasioned by the resignation of R. B. P.) Over- seers of the Poor, Henry M. Purdy, Charles H. Flect. Commissioner of Highways, Joshua Hartt. Assessor, Richard J. Cornelius. Collector, Nathaniel H. Kelsey. Constables, Alfred B. Underhill, Abel C. Vail, Nathaniel H. Kelsey, Charles E. Ketcham. Pound Masters, David S. Conklin, Charles E. Ketcham. Overseers of Highways, Caleb Hogan and fifty-nine others.
Resolved, that all persons be prohibited from putting down stakes or buoys in any of the waters of the Town of Huntington to mark the lines of oyster beds, that will in any way obstruct fishing with nets, under the penalty of twelve dollars and fifty cents ; also raise those already put down.
Resolved, that thirty-five hundred dollars be raised by tax this year for the support of the poor and contingent expenses.
Resolved, that no person other than a resident of the Town of Huntington, shall take or catch any oysters, clams, eels, horsefeet or mussels within the bounds of said Town, under a penalty of twelve dollars and fifty cents for each and every offense ; the complainant to have one half the fine. (The Town of Islip excepted.)
Recorded by Josiah Smith,
Town Clerk.
(Town Meetings, Vol. III, pp. 98-101.)
[TRUSTEES' PROCEEDINGS.]
[Abstract.] [1859, Feb. 19.]
Meeting of Trustees held on the 19th day of February 1859.
44I
HUNTINGTON TOWN RECORDS.
"Resolved, that the Board of Trustees employ J. Law- rence Smith as counsel to associate with lawyer McCoun, of Oyster Bay, in regard to a suit now commenced con- cerning oystering in Northport Harbour."
GILBERT CARLL, Pres. Recorded by Josiah Smith, Clerk.
(Trustees' Proceedings, Vol. I, p. 131.)
[TRUSTEES' PROCEEDINGS.]
[1859, Feb. 28.]
"At a meeting of the Board of Trustees of the Town of Huntington, held at the Town poor house the 28th day of February, 1859, present, Gilbert Carll, President; Brewster Conklin, Elbert Carll, Zebulon Buffett, Israel Carll, John D. Hewlett and Andrew Ketcham, Trustees
Resolved, that a notice be served on Samuel Pell, Wil- son W. Billar, Isaac VanAlen, John Lowndes, William Billar, Theodore Lowndes and Joshua Leviness, non-resi- dents of said Town, do desist from staking out any of the land under water within the bounds of this Town as and for oyster beds within the bays, harbours or waters of said Town.
Resolved, that a notice be printed and published.
On application from Michael W. Devine to have his dock lease renewed.
Resolved, that the dock lease be renewed for 12 years at $3.00 per year.
Resolved, that the next Annual Town Meeting be held at the house of Elias Smith and that the Clerk give the usual notice.
Resolved, that Tobias Dillon and Warren Lewis be ap- pointed to serve notices on the oyster planters.
-
442
HUNTINGTON TOWN RECORDS.
Resolved, that the meeting adjourn to meet on Saturday, the 12th day of March next, at the house of Stephen C. Rogers, at one o'clock P. M.
Notice served to Samuel Pell, Wilson W. Billar, Isaac VanAlen, William Billar, Theodore Lowndes, John Lowndes, Joshua Leviness and all other non-residents.
The Trustees of the freeholders and commonalty of the Town of Huntington, hereby give you notice that you and each of you do desist from staking out any of the lands under water within the borders of said Town, as and for oyster beds or for the purpose of planting oysters thereon, and that you desist from planting any oysters within the bays, harbors or waters of said Town, and from raking, taking up or carrying away oysters now growing or being within the bounds of said Town; you, the said per- sons hereby notified, not being inhabitants of or residents within the said Town of Huntington, and we further noti- fy you that we have a standing By-Law of the said Town, that no person, other than a resident thereof, shall take or catch any oysters within the bounds of said Town under the penalty of twelve dollars and fifty cents for each and every offence, which penalty will be strictly enforced.
By order of the Board of Trustees, GILBERT CARLL, Pres.
Huntington, Feb. 28, 1859.
Recorded by Josiah Smith, Clerk.
(Trustees' Proceedings, Vol. I, pp. 132-33.)
[TRUSTEES' PROCEEDINGS.]
[Abstract.] [1859, March 16.]
Meeting of Trustees, held on the 16th day of March, 1859.
443
HUNTINGTON TOWN RECORDS.
" Whereas, certain persons, non-residents of this Town, have staked off certain portions of Northport and Centre- port harbors and the bays adjacent thereto, and claim the exclusive right of taking oysters on the territory included within said stakes, now therefore, it is
Resolved, That the Trustees will employ counsel to in- stitute such action or actions as shall be deemed advisable and necessary to protect the rights of the inhabitants of the Town against assumption of claim on the part of such persons, and to bring the matter in controversy to as speedy a determination as possible before the legal tribu- nals of the State."*
GILBERT CARLL, Pres. Recorded by Josiah Smith, Clerk. (Trustees' Proceedings, Vol. I, pp. 134-35 )
[* Non-residents of the Town had for many years dredged and carried away more or less oysters from the natural oyster beds in Northport Bay, much to the annoyance of the inhabit- ants of the Town, who claimed that the premises belonged to the Town, and that such non-residents were trespassers. The Trustees of the Town took active steps against the intruders and there were some rough encounters on the Bay, growing out of these controversies. Finally the non-residents, who were chiefly from Connecticut and City Island, began planting oys- ters in this Bay and assumed the right to exclusive possession and exclusion of all others from the grounds. The people held Town Meetings and passed stringent enactments against such invasion of their rights, and it was to test the legal right of the invaders to hold such grounds, that the Trustees at this time directed the institution of suits in the courts. An issue was, however, first reached in consequence of a resident of the Town, Dickerson, going upon the oyster beds of Lowndes and taking oysters, upon which suit was brought by Lowndes against Dickerson. The latter's defense rested on his claim that Lowndes held without right; that the premises belonged to the town, and that as one of its citizens he had a right to take any shellfish he might find thereon. The Trustees employed as counsel in the case, J. Lawrence Smith and William McCoun. Henry J. Scudder was counsel for the Lowndes party. From the somewhat voluminous correspondence which has come un- der my observation, it would appear that Lowndes, through his.
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