USA > New York > Suffolk County > Babylon > Huntington Town records, including Babylon, Long Island, N.Y. 1776-1873, Volume III > Part 36
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Recorded by Benj. Doty, Clerk.
(Trustees' Proceedings, Vol. I, pp. 296 97.)
[TRUSTEES' PROCEEDINGS.]
[1871, May 13.]
At a meeting of the Board of Trustees of the Town of Huntington, held at the Town House, Long Swamp, May 13, 1871,
Resolved, That the Trustees employ a surveyor to sur- vey the Town House Farm for the purpose of selling it.
The President appointed Mr. Ireland and Mr. Gould to employ and assist the surveyor. The clerk wasauthorized to communicate with the persons holding leases for dock property and procure a copy of their leases, in order to know when they expire.
Recorded by Benj. Doty, Clerk.
(Trustees' Proceedings, Vol. I, p. 297.)
[TRUSTEES' PROCEEDINGS.]
[Abstract.] [1871, June 17.]
At a meeting of the Board of Trustees of the Town of
605
IIUNTINGTON TOWN RECORDS.
Huntington, held at the house of C. T. Duryea, June 17, 1871,
The committee appointed to have the Town Farm sur- veyed, made a report that there was seventy acres, one rood and twenty-three one-hundredths rods, as appeared by card surveyed by Wm. C. Schenck.
Recorded by Benj. Doty, Clerk.
(Trustees' Proceedings, Vol. I, p. 298.)
[PROCEEDINGS OF BOARD OF HEALTH.]
[1871, Aug. I.]
HUNTINGTON, L. I., Aug 1, IS71,
The undersigned, residents and householders in the Town of Huntington, respectfully represent to the Hon- orable, the Board of Health of the said Town of Hunting- ton, that the two vessels now lying in the Bay or Harbor of Huntington, named or called the "Falcon" and the "Algonquin," which are engaged in the business or occu- pation of manufacturing or extracting oil from fish, or other substance, are a public nuisance, and that the effluvia arising from the said vessels, is, in the deliberate judgment of your petitioners, detrimental to public health, and they therefore humbly pray your honorable body, to cause the aforesaid vessels to be removed from the bay and waters. of Huntington at once.
The undersigned petitioners further declare that they have at divers and sundry times been annoyed and dis- tressed with the offensive odor arising from the aforesaid vessels, and that they believe their own health and the health of their families to be imperiled by every hour's. stay of the aforesaid vessels in the aforesaid waters.
Your petitioners therefore humbly pray that the Board of Health will at once take measures for the immediate.
606
HUNTINGTON TOWN RECORDS.
removal of the aforesaid nuisance, which they believe to be so injurious to the health of the Town, and declare the same noisome and detrimental to public health .*
(Signed :)
J. VAN SCHAICK, CHAS. H. DAVIS, H. PAULDING, JR., S. C. ROGERS, PETER M. TRAINER, C. R. GENTRY, A. MUL- LIGAN, ARTHUR T. HURD, E. T. T. MARSH, M. D., GEORGE C. GARDINER, MARY B. GARDINER, HENRY J. SCUDDER, JONAH DENTON, ANNIE PAULDING, M. P. MEADE, EMILY VAN SCHAICK, EMMA PAULDING, THOS. AITKIN, C. J. WOODHULL, F. M. CROSSMAM, HARRIET B. SELLECK, H. G. SCUDDER, WM. S. THURSTON, E. S. THURSTON, ANNIE BRYAR, M. P. MULLIGAN, T. GAILLARD THOMAS, M. D. (File No. 410.)
[LEASE. TRUSTEES TO GEO. W. SCUDDER.]
[Abstract.] [1871, Aug. 8.]
Lease-Trustees, Town of Huntington, to George W. Scudder, dated Aug. 8, 1871.
[* Complaint had been made to the Board of IIealth, as early as the middle of July of this year, against these fish hulks as a nuisance, and their owners had been requested to move them from the bay, but they had not done so. The "Falcon," a ves- sel of about 300 tons, was owned by the Sterling;Oil Co., o fwhich George F. Tuthill, of Greenport, was the head. The "Algon- quin" was 900 tons, and owned by Charles H. Tuthill & Co., of Greenport. They were engaged in the manufacture of oil and fish guano from bunkers. Capt. Tuthill testified before the Board of Health that the crew of the Falcon had taken about 1,000,000 fish in the bay during the previous six days. The Board of Health, after taking evidence of all parties, in- cluding the two captains of the vessels, and receiving the report of the health officer, decided that the fish guano manu- factory in Huntington Bay was detrimental to health, and served on the owners a notice requiring them to move out of the jurisdiction of Huntington, and they obeyed the order .- C. R. S.]
607
HUNTINGTON TOWN RECORDS.
Premises described as follows : a certain piece of land covered with water and nearly all filled in with material for dock purposes, situated on the west of and adjoining and being an extension westerly of the old Henry Wil- liams dock on the east side of Huntington Harbor, and of the lands under water leased by said Town of Huntington to Henry Wilhams, by an instrument of writing dated the 5th day of November, 1863, and recorded in Suffolk County Clerk's Office on the third day in January, 1867, Liber of Deeds 141, page 308, and since that time assigned to said George W. Scudder, and now held by him. The said piece of land hereby granted as aforesaid being an extension on the westerly side of said dock of thirty feet in width, and two hundred and forty feet in length, cov- ering the entire front of the lands mentioned in the said lease to Henry Williams, which land is for the purpose of maintaining, repairing and keeping in repair and enlarging the said dock from its original condition and dimensions.
Rent, $6.00 per year.
Term, from date to Nov. 5th, 1884.
Lease to be renewed on same terms as were in the lease of Henry Williams.
STEPHEN K. GOULD,
In presence of President of Trustees, [L. S.]
CHARLES R. STREET.
Recorded in County Clerk's office, August 17, 1871. George C. Campbell, Clerk. (Filed in Town Clerk's office.)
(File No. 411.)
[PROCEEDINGS OF BOARD OF TRUSTEES.]
[1871, Aug. 19.
At a meeting of the Board of Trustees of the Town of
608
HUNTINGTON TOWN RECORDS.
Huntington, held at the brickyard of Messrs. Provost, Aug. 19. 18;1,
Messrs. John C. Provost. Andrew J. Provost and Wm. Y. Provost, having made application to the Trustees of the Town for a lease of the shore in front of their brick- vard at the above named place, the Trustees after viewing the premises, granted the above named person a lease for 99 years. at an annual rent of Și per year, payable at the end of the year on Sept. Ist in each and every year. Recorded by Benj. Doty, Clerk.
(Trustees' Proceedings, Tol. I, p. 301.)
[LEASE. TRUSTEES TO JOHN C. PROVOST AND OTHERS.
[Abstract.] [1871, Sept. I.]
Lease of Trustees of Town of Huntington to John C. Provost. Andrew J. Provost and William Y. Provost, dated Sept. 1. 1871.
Premises described as follows: All the lands now be- longing to the Town of Huntington, situated at Fresh Pond in said Town, and lying and being east of the lands and premises of the parties of the second part and west of the lands of Dr. Cheeseman, together with the lands under water of the Sound in front thereof, with all the ap- purtenances.
Term, twenty-nine years from Sept. Ist, 1871.
Rent, one dollar per year.
It is covenanted by and between the parties hereto, that the parties of the second part, their heirs, successors or assigns, shall not destroy or materially impair the public easement along the shore of the Sound over said premiscs.
б09
HUNTINGTON TOWN RECORDS.
and that they will construct over such canal or excavation as may be made by them upon said premises, a bridge sufficient for the public travel.
It is further covenanted by and between the parties hereto, that the said lands are to be used by the parties of the second part, their heirs, successors or assigns, for the purpose of constructing an artificial canal or harbor, con- necting with the Sound, in connection with the brick- making business, or business of like nature, and not other- wise.
Term, ninety-nine years.
Rent, one dollar per year.
Recorded by Daniel L. Baylis,
Town Clerk.
(Deeds and Leases by Trustees, Vol. I, pp. 171-73.)
[TRUSTEES' PROCEEDINGS.]
[1871, Nov. 17.]
At a meeting of the Board of Trustees of the Town of Huntington, held at the hotel of Chas. T. Duryea, in the village of Huntington, Nov. 17, 1871.
The counsel, Charles R. Street and Henry C. Platt, em- ployed to investigate the matter concerning the powers and duties of the Trustees, made a report, which was laid over for further consideration.
The matter relating to the removal of the Town paupers to the new County Alms House, and the selling of the Town House property was then discussed. After mature deliberation it was
Resolved, That the Town officers call a special Town Meeting in order to let the people decide the matter themselves.
Recorded by Benj. Doty, Clerk. (Trustees' Proceedings, Vol. I, p. 305.)
610
HUNTINGTON TOWN RECORDS.
[SPECIAL TOWN MEETING. THE COUNTY ALMS HOUSE PLAN ADOPTED.]
[1871, Dec. 5.]
At a Special Town Meeting, held at the Town House, Long Swamp, on the 5th of Dec., 1871,
Resolved, That the Overseers of the Poor be and are hereby requested to cause to be removed to the Suffolk County Alms House, all the permanent poor now in the Town House, as also other paupers whom it may hereafter be considered requisite to send to any Alms House.
Resolved, That hereafter all persons for themselves or any other person making application to the Overseers of Poor for temporary relief from the Town, shall be ex- amined before a Justice of the Peace of the Town, as to his or her claims to be entitled to such relief, and no per- son shall be entitled to such relief and to the amount thereof, unless as certified to by said Justice as prescribed by Statute.
Resolved, That the Trustees of this Town are hereby requested to sell the Poor House property, upon such terms and in such manner as they may deem most advan- tageous for the best interest of the Town.
Recorded by Benj. Doty, Clerk.
(Trustees' Proceedings, Vol. I, pp. 307-8.)
[1871, Dec. 23.]
At a meeting of the Board of Trustees of the Town of Huntington, held Dec. 23, 1871,
Resolved, That we sell the Town Farm, (as previously directed by the people at a Special Town Meeting,) and that we fix the price to be four thousand dollars.
Resolved, That the report of Charles R. Street and Henry C. Platt, the counsel employed to ascertain the
HUNTINGTON TOWN RECORDS. 611
powers and duties of the Board of Trustees, be accepted and printed in pamphlet form, and that there be one hun- dred copies printed.
Resolved, That the President and any other member of the Board (by him selected) be authorized to have the re- port printed .*
Resolved, That the President of the Board and Chas. T. Duryea be directed to call on delinquent lessees of Town property, and demand that their indebtedness be paid.
(Trustees' Proceedings, Vol. I, p. 309.)
[PETITION TO DIVIDE THE TOWN OF HUNTINGTON.]
[1872, Jan. 27.]
Memorial.
TO THE LEGISLATURE OF THE STATE OF NEW YORK :
[* A very thorough and exhaustive examination was made of the Town's title to lands under water, and an opinion was given the Board of Trustees, printed in pamphlet form, containing about one hundred pages. The inquiry necessarily compelled a careful examination of records and papers in the Town Clerk's office, the office of the Secretary of State in Albany, and the libraries of historical societies, as well as an explora- tion of the law and decisions of the courts bearing on the questions, both in this country and in England, from remote times. The conclusion arrived at was, that the title to the soil under the waters of the bays and harbors on the coast of this Town was vested in the Trustees of the Town, subject to the public right of navigation, and that the Trustees had the right to sell or lease the same, notwithstanding the Supreme Court had very recently decided adverse to such a claim in the case of Lowndes vs. Dickerson. This conclusion was soon fortified by the opinion of the Court of Appeals, of this State, in the celebrated Brookhaven case, reported in 60 N. Y., involving similar principles, and has been further vindicated by the nu- merous decisions of the courts in cases arising in this Town. The only question remaining open relates to the precise bounda- ries of the lands under water, included in the Town Patents and Grants. One hundred copies of the opinion were printed and distributed .- C. R. S.]
-
612
HUNTINGTON TOWN RECORDS.
We, the undersigned voters and taxpayers of the Town of Huntington, Suffolk County, N. Y., respectfully peti- tion your Honorable Body for the passage of an act to divide the Town of Huntington into two towns .*
Dated Jan. 27, 1872.
(Signed by 131 names). (File No. 412.)
[TRUSTEES' PROCEEDINGS. THE TOWN FARM SOLD.]
[1872, Feb. 23.]
At a meeting of the Board of Trustees of the Town of Huntington, held at the hotel of Chas. T. Duryea, in the village of Huntington, Feb. 23, 1872.
The object of the meeting was to sell the Town Farm at public auction, in pursuance of a resolution to that effect, passed at a previous meeting. At the appointed time the farm was then offered for sale by the auctioneer (P. M. Trainor,) and sold to the highest bidder, which was Egbert A. Reeves, for the sum of $2,600.
Recorded by Benj. Doty, Clerk. (Trustees' Proceedings, Vol. I, p. 313 )
[* The movement for the division of the Town of Huntington into two Towns, originated chiefly out of geographical con- siderations. The interests of the two sections-the North Side and the South Side-were no longer identical, and a division has enabled each section to pursue its career of prosperity on its own lines of public interest. The act of the Legislature, erecting the Town of Babylon out of the southern part of the Town of Huntington, was passed on the 13th day of March, 1872 .- C. R. S.]
613
HUNTINGTON TOWN RECORDS.
[COMMISSIONERS' REPORT APPORTIONING PROPERTY BETWEEN HUNTING- TON AND BABYLON.]
[1872, March 13.]
We, the undersigned Commissioners, duly named in and appointed under Chapter 105 of the Session Laws of the State of New York, passed March 13th, 1872, for the ap- portionment of the personal property belonging to the old Town of Huntington (as it existed on the first Tuesday of April, 1872,) not required to meet liabilities of said Town of Huntington, then due, or about to become due, which had been authorized or directed, by any existing act, as also all debts, bonds, obligations and liabilities of the Town of Huntington, existing at the time of the passage of the act, or which had been authorized or contracted, to ap- portion the same between the Town of Babylon and the Town of Huntington, as continued according to the amount of taxable property in each, to be ascertained by the as- sessment roll of the said Town of Huntington, for the year 1871, do hereby report as follows, viz. :
SUPERVISOR'S ACCOUNT.
Dr.
To amounts received from Trustees, Excise, money, sale of New York State Bounty Bonds, and from all other sources as per record on the Supervisor's Book, and audited by the Board of Town Auditors
Cr.
$43,303.47
By amounts paid out as per record and audit- ed by the Board September 26th, 1872 45,181.82
Amount paid since above 412.89
Total
$45,594.71
614
HUNTINGTON TOWN RECORDS.
There are bills presented but not yet paid, as follows :
Henry Livingston
$40.12
Smith Robbins
35.30
Jonathan Sammis
Samuel Robbins
6.00
H. & C. Lockwood
22.50
Street & Platt
10.00
J. A. Woodhull
51.28
James J. Morris
30.80
$196.00
There has since been paid the following amounts, viz .:
Bounty Bonds.
Bond of Elbert Carman with interest
$321.00
Bond of Mrs. Mary Purdy, with interest
535.00
Coupons on $7,600 of bonds
532.00
$1,388.00
Poor Notes.
Note of M. & O. Baylis and interest
$1,019.92
Note of Hannah Place and interest
1 12.00
Note of Hannah Place and interest
114.00
Note of H. Colyer and interest
749.00
Note of D. Smith and interest
1,070.00
Note of B. Robbins and interest
1,070.00
Note of E. Robbins and interest
1,605.00
Note of E. Avery and interest
107.00
$5,846.92
The proportional part of the above Bounty Bonds, and Notes were paid by Huntington and Babylon, as follows : Huntington
$5,733.68
Babylon
1,501.24
$7,234.92
615
HUNTINGTON TOWN RECORDS.
There has been received from S. R. Williams per hands of Solomon Ketcham
$80.00
H. V. Baylis paid bond and mortgage
1,300.00
H. V. Baylis paid interest on mortgage 91.00
Commissioners of Highways of the old Town
have in their hands, which is to be paid over to the Supervisor of the Town of Huntington 120.71
Received from Overseers of the Poor, per hands of Solomon Ketcham .84
274.33
Received from Jonathan Sammis
To be received from Geo. W. Smith, Overseer of the Poor, and to be paid as above 475.51
$2,342.39
There are Bounty Bonds now remaining un- paid :
$7,000.00
Seven to order of M. P. Read, of $1,000 each
600.00
One to order of S. Wanser
532.00
Accrued interest to April 1st, 1874
$8,132.00
There is one iron safe in possession of the Town of Huntington, value
$150.00
There is a suit at law against Oliver Charlick for damages on account of Road built across his railroad track, near the house of Mor- ris R. Brush, for which the Commissioners of Highways claim said Charlick was to pay expenses, and was liable therefor, amounting to the sum of
There is a claim put in against the old Town of Huntington by H. V. Baylis and others, for interest on the damages awarded them by the opening of New York Avenue, in the village of Huntington. Amount cannot be stated at this time.
$563.00
616
HUNTINGTON TOWN RECORDS.
We find the proportional part as against and for the respective towns as per the assessment roll of the old Town of Huntington, for the year 1871, to be for the Town of Hunting- tington, 791 per cent .; for the Town of Bab- ylon, 204 per cent.
SUMMARY.
We find the amounts paid out for the old Town on bills, bonds, notes and contracts due, and contracted by said Town to be for the term ending April 2d, 1872 $45,594.71
We find that there are bills outstanding and not yet paid, amounting to 196.00
We find that there are Bounty Bonds, not yet due, amounting to the sum of 7,600.00
There will be one year's interest on the above, to April Ist, 1874 532.00
Making total amount of obligations paid and to be hereafter paid, as stated above $53,922.71
Deduct therefrom amounts paid out $45,795.86
Leaves a balance to be provided for between the towns as per their proportional part, namely : Huntington, $6,501.48 ; Babylon, $1,625.37 $8,126.85
SUFFOLK COUNTY, }SS.
We, the undersigned Commissioners appointed by and under Chapter 105, of the Session Laws of the State of New York, of 1872, and also John E. Ireland, present Su- pervisor of the Town of Babylon, do hereby certify that the sum of eight thousand one hundred and twenty-six 85 dollars ($8,126.85), as shown by the annexed report, as be- ing due from the two towns collectively, has been pro- portioned as follows, viz .:
Town of Huntington, Town of Babylon
$6,501.48 1,625.37
617
HUNTINGTON TOWN RECORDS.
And the same has been raised on the tax list of the respec- tive towns, and I, J. Amherst Woodhull, as Supervisor of the Town of Huntington, do hereby exonerate the Town of Babylon from the payment, the same having been re- ceived be me, from them, of her proportional part of the above named amount.
Dated Amityville, April 2d, 1874.
J. AMHERST WOODHULL, Commissioner for Huntington. JAMES T. MORRIS, Commissioner of Babylon JOHN E. IRELAND, Supervisor of Babylon.
All of the above is hereby submitted as being the whole and true account of all credits, debts, demands and evi- dences of indebtedness due, and to become due, for and against the Town of Huntington, as it existed on the 2d day of April, in the year one thousand eight hundred and sexenty-two, subject however to any just and lawful claims for or against the said original Town, as heretofore consti- tuted, and the same to be decided as to their legality by the Supervisors of the respective towns of Babylon and Huntington, for the time being when presented.
Dated Amityville, Town of Babylon, April 2, 1874. J. AMHERST WOODHULL, Commissioner for Huntington. JAMES T. MORRIS, Commissioner for Babylon.
(File No. 421.)
[TOWN MEETING-]
[1872, April 2.]
At an Annual Town Meeting of the Town of Hunting-
618
HUNTINGTON TOWN RECORDS.
ton, held at the Euterpean Hall, in the village of Hunting- ton, on April 2, 1872, the following resolutions were passed and Town officers elected :
Supervisor, J. Amherst Woodhull. Town Clerk, Daniel L. Baylis. President of Trustees, Wm. W. Wood, Trust- ees, W. B. Sammis, Buel Titus, Wm. H. Sammis, Jos. Matthias, Henry Buffett, Isaac C. Ireland. Justices of the Peace, Ebenezer G. Parrott, (term expire Jan. 1, 1875), Jarvis R. Rolph (requisite term), Cornelius Godfrey (term expires Jan. 1, 1876). Assessors, O. Smith Sammis (3 years), Selah Smith (2 years), John Carll (1 year). Over- seers of Poor, Geo. W. Smith, John Smith. Commis- sioners of Highways, John C. Totten, Chas. P. Ketcham. Constables, Selah Hubbs, Jos. Vanderbilt, Abiel C. Vail, Peter M. Trainer. Collector, Timothy Oakley. Game Constable, Wm. H. Jarvis. Town Sealer to be appointed.
Resolved, That the sum of $2,500 be appropriated for the support of the Town poor.
Resolved, That the sum of $3,000 be appropriated for contingent expenses.
Resolved, That $500 be appropriated for Commissioners. of Highways.
Resolved, That the Supervisor of this Town be requested to lay the matter of titles to land under water, adjoining the several Towns in Suffolk County, and the rights to take fish and clams therefrom, and to plant and take up oysters from the same, before the Board of Supervisors of said County and urge action by the said Board to procure the necessary legislation to confirm the right belonging to the several Towns, and to have the same defined by general or specific bounds, and also endeavor to obtain concurrent action by the Board of Supervisors of Queens County, so that by a combined effort of the two Boards of Supervisors, such legislation may be secured as will definitely settle the question of the rights of the several
619
HUNTINGTON TOWN RECORDS.
Towns, bordering on the waters of the harbors, bays and Sound, and put an end to trespass and expensive law suits that may arise therefrom.
Resolved, That the Board of Trustees and Town Clerk be and are hereby directed to cause all records of the present Town of Huntington, now in the Town Clerk's office, to be arranged, classified, supplemented and bound in convenient volumes, and that three hundred dollars or such less sum as is necessary, be appropriated to defray the expenses, providing the Town of Babylon will bear their proportion of the expense.
Recorded by Daniel L. Baylis, Town Clerk.
(Town Meetings, Vol. IV, pp. 14)
[CHANGE IN THE BOARD OF TRUSTEES.]
[1872, May 3.]
CHAPTER 492. [Certified Copy.] AN ACT to abolish the office of Trustees of the free- holders and commonalty of the Town of Hunting- ton, in the Town of Huntington, County of Suffolk, and to create their successors.
Passed May 3, 1872, three-fifths being present.
The people of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION I. On and after the first Tuesday in April in the year one thousand, eight hundred and seventy-two, the office of Trustees of the freeholders and commonalty of the Town of Huntington, in the Town of Huntington, in the County of Suffolk, shall be abolished and cease to exist.
620
HUNTINGTON TOWN RECORDS.
SECTION 2. The Supervisor, Town Clerk and Assessors of the Town of Huntington and their successors, are here- by created er-officio, the Board of Trustees of the Town of Huntington, and legal successors of the Trustees of the freeholders and commonalty of the Town of Huntington, and vested with all the rights, privileges, powers, duties and jurisdiction heretofore enjoyed and exercised by such Trustees, over the real and personal property of the Town of Huntington. The Supervisor of the Town shall be ex-officio, President of the Board of Trustees of the Town of Huntington, hereby created.
SECTION 3. The President of the Trustees of the free- holders and commonalty of the Town of Huntington, shall upon demand, deliver to the President of the Board of Trustees of the Town of Huntington hereby created, and after the date aforesaid, all records, books, papers, docu- ments, moneys and property belonging to said Town and then in his possession or under his control.
SECTION 4. All Acts inconsistent with this Act are here- by repealed.
STATE OF NEW YORK, - 'OFFICE OF THE SECRETARY OF STATE. SS.
I have compared the preceding with the original law on file in this office and do hereby certify that the same is a correct transcript therefrom, and of the whole of said original law.
Given under my hand and seal of office, at the City of Albany, the tenth day of May in the year one thousand, eight hundred and seventy-two.
ANSON S. WOOD, Secretary of State.
(Filed in Town Clerk's office.)
(File No. 413.)
621
HUNTINGTON TOWN RECORDS.
[AUDITORS' PROCEEDINGS.]
[1872, June 29.]
Whereas, at a meeting of the Board of Auditors held on the 29th day of June, 1872, a resolution was passed to pay unto Hiram V. Baylis, the sum of $125, in the matter of his claim against the Town of Huntington arising from expenses incurred in the matter of opening New York Avenue, provided he execute a release in full to the said Town for all further claims.
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