USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y. 1776-1873, Volume III > Part 26
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444
HUNTINGTON TOWN RECORDS.
[LEASE. TRUSTEES TO MICHAEL W. DIVINE.]
[Abstract.]
[1859, March 1.]
Lease. Trustees of the Town of Huntington to Michael W. Divine, dated March 1, 1859.
Premises described as follows : " A certain piece of land covered with water, westerly and nearly opposite the dwelling house of the party of the second part on the east side of Huntington harbor, to extend on the shore at high water mark two hundred feet, thence running westerly the same width to the channel, for the express and only pur- pose of a dock."
Term, twelve years from date.
Rent, three dollars per year.
" And the party of the first part do hereby covenant with the party of the second part, that at the expiration of the term aforesaid, that they or their successors in office will renew the said lease for twelve years longer, on such terms
counsel, asked that he might remove his oysters from Hunting- ton waters as a means of terminating the dispute. Whatever answer the Trustees may have made, the oysters were not re- moved, and the suit went to trial at a Circuit Court in River- head, before Judge Brown, the father of the present Justice Brown, of the Supreme Court in this district. The cause was not well managed for the Town, important evidence having been omitted, and the case was decided in favor of Lowndes. Emboldened by the result of this suit, the non-residents con- tinued for some time to plant and hold oyster grounds in Northport Bay, and it took the Town several years to recover its former prestige. In 1871 an exhaustive examination of the whole subject of Huntington's title to lands under water was made by counsel employed for the purpose, followed soon after by a determined effort to maintain the Town's title. The re- sult, as is well known, justified the effort, and the Court of Appeals has decided that the lands under water in Northport Bay belong to this Town under its Colonial grants, and the non-residents have all taken leases from the Town, of their grounds in Northport harbor and bay .- C. R. S.]
445
IIUNTINGTON TOWN RECORDS.
as shall be agreed on, or to take the dock and buildings that then may be standing, and pay a fair valuation there- for."
Rates of wharfage specified.
(Deeds and Leases by Trustees, Vol. I, pp. 112-13.)
[TOWN MEETING.]
[Abstract.]
[1859, April 5.]
At an annual Town Meeting of the Town of Huntington, held at the house of Elias Smith, in said Town, April 5th, 1859, the following Town Acts were passed and Town of- ficers elected :
Supervisor, Charles A. Floyd. President of Trustees, Gilbert Carll. Trustees, Andrew Ketcham, Brewster Conklin, Elias Baylis, Elbert Carll, Smith Burr, Israel Carll. Town Clerk, Josiah Smith. Justices, William W. Wood (to fill vacancy), Charles V. Scudder (long term). Overseers of Poor, Henry M. Purdy, Israel Scudder. As- sessor, Bryant Skidmore. Commissioner of Highways, Jesse Conklin. Collector, Nathaniel H. Kelsey. Consta- bles, Nathaniel H. Kelsey, Alfred B. Underhill, Abel C. Vail, Charles E. Ketcham. Poundmasters, David S. Conk- lin, Charles E. Ketcham. Overseers of Highways ap- pointed, George W. Smith and sixty-one others.
Resolved, That three thousand dollars be raised by tax this year for the support of the poor, and one thousand dollars for contingent expenses.
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 in any way obstruct fishing with nets, without the permission of the Trustees of said Town, under the penalty of twelve
446
HUNTINGTON TOWN RECORDS.
dollars and fifty cents; also raise those already put down ; one-half to go to the complainant, the other half to the Overseers of the Poor, for the use and benefit of the poor of said Town.
Resolved, That no person other than a resident of the Town of Huntington shall take or catch any oysters, clams, eels, horsefeet, scallops or mussels within the bounds of said Town, under the penalty of twelve dollars and fifty cents for each and every offence; the complainant to have one-half of the above fine, the other half to go to the Over- seers of the Poor for the use and benefit of the poor of said Town. (The Town of Islip excepted.)
Resolved, That no persons, residents or non-residents, shall take or catch oysters, clams or scallops within the waters of this Town, by dredging or dragging for the same, under the penalty of twelve dollars and fifty cents for each and every offence; one-half of said fine to go to the complainant and the other half to the Overseers of Town Poor for the support of said poor.
Recorded by Josiah Smith, Town Clerk. (Town Meetings, Vol. III, pp. 102-105.)
[TRUSTEES' PROCEEDINGS.]
[Abstract.]
[1859, April 5.]
Meeting of Trustees, held on the 5th day of April, 1859.
Resolved, that the Trustees employ Lawyer McCoun to go to Smithtown, to conduct a suit agamst the Lowndeses for dredging for oysters in Northport harbor.
Resolved, that the Trustees deposit twenty-five dollars with J. L. Smith to conduct a suit against Mr. Peck, to re- cover interest on mortgage against him.
GILBERT CARLL, Pres.
Recorded by Josiah Smith, Clerk.
(Trustees' Proceedings, Vol. I, pp. 140-41,)
447
HUNTINGTON TOWN RECORDS.
[TRUSTEES' PROCEEDINGS.]
[Abstract.] [1859, April 30.]
Meeting of the Trustees held at the inn of Stephen C. Rogers, on the 30th day of April, 1859.
On application of William Spriggs and Charles S. Hartt to put down fish pounds in Northport harbor for the pur- pose of catching fish:
Resolved, That the Board of Trustees grant permission to Wm. Spriggs and Charles S. Hartt to put down two pounds in Northport harbor for the purpose of catching fish, and that said Wm. Spriggs and C. S. Hartt shall pay to the town, three dollars per year for five years for said privilege.
Resolved, That Mr. McCoun make application for an injunction to serve on the City Island oystermen.
Resolved, That Gilbert Carll and Israel Carll be a com- mittee to receive proposals from the City Island oystermen to settle the question as regards taking oysters.
GILBERT CARLL, Pres't.
Recorded by Israel Carll, Clerk.
(Trustees Proceedings, Vol I, pp. 142-43.)
[TRUSTEES' PROCEEDINGS.]
[ Abstract.]
[1859, May 7.]
Meeting of Trustees held at the inn of Stephen C. Rog- ers on May 8th, 1859.
Resolved, That Gilbert Carll, the President of this Board and Brewster Conklin, one of the Trustees, be and are hereby requested in behalf of the town to execute the un- dertaking required by section 222 of the Code of Procedure, on getting out an injunction order in the action commenced
448
IIUNTINGTON TOWN RECORDS.
in behalf of the Town, as against John H. Lowndes and others, restraining the defendants therein from dredging for oysters in the harbors and bays of the Town, and that the said town will indemnify and save the said Gilbert Carll and Brewster Conklin, harmless against any loss or damage by or in consequence of these said undertakings.
GILBERT CARLL, Pres. Recorded by Israel Carll, Clerk. (Trustees' Proceedings, Tol. I, pp. 144-45.)
[TRUSTEES' PROCEEDINGS.]
[Abstract.]
[1859, May 25.]
Meeting of the Trustees, held at the house of Alexander Johnson, May 25th, 1859.
The Trustees and the Commissioners of Highways met to survey the public landing adjoining Williams' dock, and run a line between Alexander Sammis and the public land- ing, and notified Mr. Horthorn to remove the bushes that he put on the public land in front of his house. Likewise notified Thomas Scudder to move his temporary fence that he has put on said public land.
GILBERT CARLL, Pres. Recorded by Israel Carll, Clerk.
(Trustees' Proceedings, Vol. I, pp. 148 49.)
[TRUSTEES' PROCEEDINGS.]
[Abstract.]
[1859, May 28.]
Meeting of the Trustees, held at the inn of Stephen C. Rogers, May 28th, 1859.
449
IIUNTINGTON TOWN RECORDS.
Resolved, That on petition of the inhabitants of the East Street of the village of Huntington, for the purpose of fencing in the Green and making a public park for the ben- efit of the public,
Resolved, That the Trustees relinquish their jurisdiction of said Green to the inhabitants for the purpose of making said park.
GILBERT CARLL, Pres. Recorded by Josiah Smith, Clerk.
(Trustees' Proceedings, Vol. I, pp. 149 50 )
[A WATERING PLACE.]
[1859, July 22.]
A card (map on file) of a public watering place situated in the eastern portion of the village of Huntington, en- closed and occupied by Mr. Henry Place, containing 3 roods and 4 rods of ground. The bearings are as follows, viz .: starting from the north end adjoining the highway leading to Dix Hills, running S. 43 deg. E. 5 chains, 63 links ; thence S. 143 deg. W. 2.14 chains ; thence N. 10} deg. W. 98 links ; thence N. 36} deg. W. 52 links ; thence N. 213 deg. E. 1.09 chains; thence N. 40 deg. W. 75 links ; thence N. 51 deg. W. 69 links; thence N. 2 deg. E. 1.24 chains ; thence N. 243 deg. W. 56 links ; thence N. 59} deg. E. 35 links to the place of beginning.
Surveyed per order of the Trustees of Town of Hun- tington, July 22d, 1859 by Ebenezer G. Platt.
(File No. 387 )
[TRUSTEES' PROCEEDINGS.]
[Abstract.]
[1859, Sept. 6.]
Meeting of the Trustees, held at the inn of Stephen C. Rogers, Sept. 6th, 1859.
450
HUNTINGTON TOWN RECORDS.
Resolved, That the Trustees of the Town sell to Milton G. Smith, the privileges in front of his dock or property at Northport, now occupied by Moses B. Hartt, for the sum of one hundred and thirty-seven dollars and fifty cents. Said property fronts 495 feet on the shore and to run 75 feet off from the shore at low water mark into the harbor, with the privilege to dock the whole of said premises. The suit now pending to be discontinued and each party to pay his own expenses.
GILBERT CARLL, Pres. Recorded by Israel Carll, Clerk.
(Trustees' Proceedings, Tol. I, p. 155 )
[LEASE. TRUSTEES TO DAVID CARLL.]
[Abstract.] [1859, Nov. 15.]
Lease-Trustees of the Town of Huntington to David Carll, dated November 15th, 1859.
Premises described as follows: All that water lot and land under water, lying in front of the land owned and occupied by the parties of the second part, on the east side of Northport Harbor in said Town of Huntington, be- tween land of Milton G. Smith on the north, and land of Joseph S. Lewis on the south, the said water lot to com- mence at high water mark on the shore adjoining said land and to extend the whole width of the front of said land so owned by them, (being about 195 feet more or less), and two hundred feet westerly into the harbor, for the purpose of occupying the same for a dock and railway to build and repair vessels.
Term, twelve years from date.
Rent, three dollars per year.
45 I
HUNTINGTON TOWN RECORDS.
And the said parties of the first part, in consideration of the premises and of one dollar to them in hand paid by the parties of the second part, hereby promise and agree to and with the parties of the second part to make, execute and deliver to them a new lease, similar in all respects, (except as to the amount of rent), to this and to run the same period of twelve years, upon the due request and ap- plication of said party of the second part, made within three months prior to the expiration of this lease, said new lease to contain such reservation and covenant for the pay- ment of such sum as rent as shall then be agreed upon by the parties. And if the said parties shall not be able to agree, as to the amount of annual rent to be paid for said extended time, it shall be decided by arbitrators, one of whom shall be chosen by each party, with power to said arbitrators, in case of their disagreement, to choose an um- pire and the decision, whether of said arbitrators or of said umpire, shall bind the parties and be the sum to be in- serted in said renewed lease as annual rent. And the same proceeding shall be had for a renewal and the fixing of the rent for the new term as often as the lease or any renewed term thereof shall expire or be about to expire as herein above provided.
(Leases and Deeds, Vol. I, pp. 115-16 )
[TRUSTEES' PROCEEDINGS.]
[Abstract. ] [1859, Nov. 19.]
At a meeting of the Trustees, held at the house of Francis Olmstead, Northport, on November 19th, 1859:
Resolved, That the privilege of selling sand from Eaton's Neck Beach be sold at auction for the term of five years,
452
HUNTINGTON TOWN RECORDS.
and that payments be made half yearly to the President, security given for the payment if required. The pur- chaser to take possession on the seventh of February 1860.
The beach was sold to David Carll for three hundred dollars per year.
GILBERT CARLL, Pres. Recorded by Israel Carll, Clerk.
(Trustees' Proceedings, Vol. I, pp. 156-57.)
[LEASE. TRUSTEES TO ELBERT ARTHUR AND OTHERS.]
[Abstract.] [1859, Dec. I.]
Lease-Trustees of the Town of Huntington to Elbert Arthur, William Gardiner, David and Jesse Carll, dated December Ist, 1859.
Premises described as follows : All that part of Eaton's Neck Beach belonging to the Town of Huntington, bounded on the cast by Elbert Arthur; on the north by Long Isl- and Sound; on the west by Charles Jones; on the south by Northport Harbor, to the place of beginning, for the only purpose of selling sand for their own benefit, and likewise to have the privilege of bullding or erecting a dock or other conveniences for the purpose of loading said sand.
Term, five years from Feb. 7th, 1860.
Rent, three hundred dollars per year.
Recorded by Josiah Smith, Town Clerk.
(Leases and Deeds, Vol. I, pp. 117-19.)
HUNTINGTON TOWN RECORDS. 453
[LEASE. TRUSTEES TO HENRY S. SAMMIS.]
[Abstract,] [1860, Jan. 12.]
Leasc-Trustees of the Town of Huntington to Henry S. Sammis, dated Jan. 12th, 1860.
Premises described as follows : All of a certain piece of land covered with water around and on which the dock now stands at Northport, bounded as follows : beginning fifteen feet southeast of the southeasterly corner of the present dock, as it now stands, thence running westerly to the channel, thence northerly by the channel thirty feet north of the present dock, thence easterly to the highway on the shore, thence southerly one hundred and twenty- seven feet to the place of beginning, for the express pur- pose of a dock.
Term, twenty-one years from Feb. 25th, 1857.
Rent, two dollars per year.
Rates of wharfage specified.
Lease to be extended twenty-one years longer at the option of the Lessee on terms to be then agreed upon.
(Deeds and Leases by Trustees, Vol. I, pp. 122-23.)
[LEASE. TRUSTEES TO JESSE JARVIS.]
[Abstract.] [1860, Jan. 12.]
Lease-Trustees of the Town of Huntington to Jesse Jarvis, dated January 12th, 1860.
Premises described as follows: all of a certain piece of land covered with water on the south side of the dock at
.
. 454
HUNTINGTON TOWN RECORDS.
Northport, bounded as follows: beginning fifteen feet southeast of the southeasterly corner of the dock as it now stands, thence running westerly to the channel, thence southerly by the channel one hundred and fifteen feet, thence easterly to the highway, thence northerly one hun- dred and fifteen feet to the place of beginning.
Term, twenty one years from Feb. 25th, 1857.
Rent, two dollars per year.
To be renewed at option of lessee for twenty-one years longer on such terms as may then be agreed upon.
(Deeds and Leases by Trustees. Tol. I, pp. 120-21.)
[HUNTINGTON AND OYSTER BAY BOUNDARY LINE.]
[1860, March I.]
Whereas, a dispute has arisen between the officers of the Town of Oyster Bay, in the County of Queens, and the officers of the Town of Huntington, in the County of Suf- folk, respecting the boundary of said Towns which con- stitutes the dividing line between them, and whereas such dispute has been represented to me by the officers of said Towns to wit: by David R. Floyd Jones, Supervisor of the Town of Oyster Bay, in the County of Queens, and Charles A. Floyd, Supervisor of the Town of Huntington, in the County of Suffolk, now therefore pursuant to Section 5, Title and Chapter 8, Part I of Revised Statutes of this State, I do hereby determine and declare that the line as hereinafter particularly set forth and described is the line by law intended and established as the dividing line be- tween the aforesaid Towns of Oyster Bay and Hunting- ton, viz : beginning at a point at the head of Cold Spring where formerly stood a white oak tree with H marked on
455
HUNTINGTON TOWN RECORDS.
one side and O on the other and now a heap of stones, as fixed on and determined by Thomas Townsend, Nathaniel Coles and John Wicks, Commissioners appointed on the part of Oyster Bay, and Thomas Powell and Abiel Titus, Commissioners appointed on the part of Huntington, in the year 1684, as the head of Cold Spring, from thence southerly in a direct and straight line to the head of the river on the south side of the Island called by the Indians Nome of Waunskituc and by the inhabitants Lattin's Creek, at a monument there, and on which part of the line monuments have been erected along the whole extent thereof at distances of one mile from each other, agreeable to a map made thereof by William J. Weeks, a surveyor employed for that purpose by David R. Floyd Jones, a Commissioner appointed on the part of Queens County, and Charles A. Floyd, a Commissioner on the part of Suf- folk County, and under their direction, which map is here- with filled in the office of the Secretary of State, reference thereto will more fully and at large appear ; and from said monument, at the head of said river or creek, south- erly through the middle of said creek till it comes oppo- site the southeast point of Oyster Bay south meadows and from thence westerly to the southeast point of said meadows at a monument there fixed by Richard Hatfield, Ebenezer Purdy and Elias Newman of Westchester County, Commissioners appointed under an Act of the Legislature to settle and determine such part of the line of division between the Towns of Oyster Bay and Hun- tington as is therein mentioned, passed Feb. 17th, 1797, and from thence southerly to the northernmost island or marsh on the South Bay, called Townsend Island, at a monument erected by said Commissioners on the north side thereof ; and from said last mentioned monument in one continued straight line across the said Bay and marshes to the beach at a monument there erected by said
456
HUNTINGTON TOWN RECORDS.
Commissioners, and from thence in the same direction to the Atlantic Ocean ; and again beginning at the heap of stones at the head of Cold Spring and from thence north- erly till it comes to the brook or flow of water, and thence northerly through the middle of the brook and mill pond till it comes to a monument on the lower or northernmost mill dam, and from thence northerly along the middle of the main channel of the Bay, on or near the eastern shore, until it comes to the middle of the channel between Oys- ter Bay beach and Huntington beach and so on northerly as the line now runs to a spot known and designated as Fleet's Hole, and thence northerly through the middle of Fleet's Hole till it comes to the boundaries between Henry Lloyd, of Queens Village, and the Township of Hunting- ton on the beach, as established by Commissioners in 1734, and from thence easterly, the middle of the channel to be the bounds between the manor of Queens Village and the Town of Huntington, till it comes to a certain weir erected by the inhabitants of Huntington for the taking and catching of fish and from thence northerly to the middle of the inlet, river or creek between the upland of Queens Village and the upland of Huntington, West Neck ; from thence running easterly along the middle of said inlet or river or creek, until it comes against a point of Queens Village shore, called Conklin's Point, and from thence upon a straight line to that part of the river or creek that runs between the outward point of the east beach, putting off from Queens Village shore and the high- est* land upon Huntington shore, and I do hereby declare, at the request of the before named gentlemen, Jones and Floyd, the representatives of the two Towns interested, as
[* This word " highest" is an error, as in all the previous rec- ords the word is " nighest." The surveyor no doubt intended to follow the description given in the award of a former Com- mission, dated May 30th, 1734, (See Vol. II, printed Town Rec- ords, page 377) but mistook the word .- C. R. S.]
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457
HUNTINGTON TOWN RECORDS.
well as my conviction of the justice thereof and in con- formity to the Statute in that case made and provided, that the line established as aforesaid, shall not affect the title or possession of any person or persons along the said line either in the confirmation of title or in impairing the same, but for the purpose of jurisdiction only ; that property now or heretofore bounded by the Suffolk or Queens County line or Oyster Bay or Huntington line shall con- tinue to be bounded by the line as heretofore supposed to exist and not by the line herein established.
Given under my hand at the office of the State Engineer and Surveyor of the State of New York, this first day of March, in the year one thousand eight hundred and sixty.
VAN R. RICHMOND, State Engineer and Surveyor.
I certify that the foregoing is a true copy of the decree made in the above matter by Van R. Richmond, State Engineer and Surveyor, and that the original is filed in the office of the Secretary of State, together with the map accompanying the same, and I do further certify that I have filed in the County Clerk's office of Suffolk County a certified copy, under the hand and seal of office of the Sec- retary of State, of the above decree.
Commissioner for Suffolk
C. A. FLOYD County and Supervisor of Huntington.
Recorded by Josiah Smith, Town Clerk. (Highways, Vol. B. pp. 70-73.)
[LEASE. TRUSTEES TO HUNTINGTON DOCK COMPANY.]
[Abstract.] [1860, March 12.]
Lease-Trustees of the Town of Huntington to Hun-
458
HUNTINGTON TOWN RECORDS.
tington Dock Co., dated March 12, 1860.
Premises described as follows : All of a certain piece of land covered with water on the west side of Huntington Harbor, adjoining the lands of Platt Conklin and Brewster Conklin, bounded as follows : beginning at the southwest corner at high water mark, adjoining the land of Brewster Conklin and running northerly two hundred and ten feet into the harbor, thence easterly parallel with the shore fifty-five feet, thence southerly to high water mark on the shore, adjoining the land of Platt Conklin, thence westerly along the shore sixty-five feet to the place of beginning, for the express purpose of building a dock thereon.
Term, fifteen years from March 12th, 1860.
Rent, two dollars and fifty cents a year.
Lease to be extended fifteen years longer at the option of the lessee on terms to be then agreed upon.
(Deeds and Leases by Trustees, Vol. I, pp. 124-25.)
[LEASE. TRUSTEES TO JACOB SCUDDER.]
[Abstract.]
[1860, March 29.]
Lease of the Trustees of the Town of Huntington to Jacob Scudder, dated March 29th, 1860.
Premises described as follows : all of a certain piece of common land adjoining the highway on the east side of Huntington Harbor, and nearly opposite the house of the said Jacob Scudder. The said piece of land to be twenty feet north and south and twelve east and west, for the pur- pose of erecting a horse shed thereon, 20 feet by 12 feet.
Term, fifteen years from March 29th, 1860.
Rent, one dollar per year.
(Deeds and Leases by Trustees, Vol. I, pp. 126-27.)
459
HUNTINGTON TOWN RECORDS.
[TOWN MEETING.] 1
[Abstract.]
[1860, April 3.]
At the Annual Town Meeting of the Town of Hunting- ton, held April 3, 1860, at the house of Elias Smith in said Town, the following Acts were passed and Town Officers elected :
Supervisor, Charles A. Floyd. President of Trustees, Gilbert Carll. Trustees, Brewster Conklin, Elias Baylis, Elkanah Soper, Smith Burr, Elbert Carll, Henry M. Purdy. Justice of the Peace, William W. Wood. Town Clerk, Jeffrey A. Woodhull. Overseers of Poor, Lemuel Carll, Timothy J. Terry. Commissioner of Highways, George W. Devoc. Assessor, Noah Seaman. Collector, Jesse Conklin. Constables, Nathaniel H. Kelcy, Abel C. Vail, Alfred B. Underhill, Charles E. Ketcham. Pound Masters, David S. Conklin, Charles E. Ketcham. Over- seers of Highways, George W. Smith and sixty-one others.
Resolved, That two thousand seven hundred and fifty dollars be raised by tax this year for the support of the poor and seven hundred and fifty dollars for contingent expenses.
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 in any way obstruct fishing with nets, without the permission of the Trustees of said Town, under a penalty of twelve dollars and fifty cents. Also raise those already put down; one half to go to the complainant, the other half to the Overseer of the Poor for the use and benefit of the poor of said Town.
Resolved, That no person other than a resident of the Town of Huntington shall take or catch any oysters, clams, eels, horsefeet, scallops or mussels, within the
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