Records of the town of East Hampton, Long Island, Suffolk Co., N.Y., with other ancient documents of historic value, volume III, Part 20

Author: East Hampton (N.Y.); Hedges, Henry Parsons
Publication date: 1887
Publisher: Sag-Harbor, J. H. Hunt, printer
Number of Pages: 552


USA > New York > Suffolk County > East Hampton > Records of the town of East Hampton, Long Island, Suffolk Co., N.Y., with other ancient documents of historic value, volume III > Part 20


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Sixthly. It is further ordered by said Trustees that if any person or persons shall fell or cut down at any time any tree or bush within ten foot of any persons fence or ditch or ditch bank within our Township, he or they for their so doing shall forfeit and pay to the party grieved the sum of four shillings for each and every tree or bush so cut down or destroyed as aforesaid : Moreover


The proprietors of Montauk having received much damage in time past by reason that some people in their own Town, and some from other Towns and some from other provinces, turning creatures to grazing and feeding upon the said land without just right for the same; Therefore for the more equa and just improvement of the same, the proprietors having suf- ficiently fenced and duly stented the same whereby every proprietor in said land may have his just rights, and for the more regular improvement the aforesaid Trustees being em powered, have made orders accordingly to suit the circum cumstances of the same as followeth, viz : If any sort of cat tle be found a grazing on Muntok after the date abovesaid and not being duly listed in list or lists at any time and at all times according to the discretion of the Trustees for the time being and also having a just propriety right in said land, shall be liable to be impounded and the owner or owners of every


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RECORDS: TOWN OF EAST-HAMPTON.


such horse kind and neat beast being impounded for as afore- said shall pay for pounding the sum of five shillings for each head, horses only excepted that shall be made appear did get away from his owner by accident his owner belonging to some other 'Town and he following him with a reasonable speed, if any such horses should happen to be impounded the owner shall pay for pounding only as the custom is for bring- up a horse from Mentauk which is three shillings.


Also it is further ordered and appointed by the said Trus- tees that all creatures as shall be impounded by any credible person whatsoever upon the lawful oaths of the said person or persons or sufficient evidence that such creatures were trespassing as before expressed shall be sufficient conviction before any Justice of Peace in the county of Suffolk.


Also it is further ordered by the said Trustees that if any person or persons shall hire any sort of cattle from other town or towns to pasture in our Township, and any such creatures should happen to be found trespassers any where within our Township and be impounded as such, the letter of each and every such beast shall be liable to pay all penal- ties for pounding, and make good all damages as if he was the proper and rightful owner of every such beast.


It is also ordered by the said Trustees that at all times whenever creatures shall be impounded legally, the owner or owners shall have notice thereof or word left at their place of abode within six hours after impounding, and if in case the owner don't pay the poundage within twenty four hours the creatures may be turned out of pound and the owner or owners sued for the poundage as in other cases of debt either by bill or book.


Signed by order of the Trustees by


MATTHIAS BURNET, Clerk.


SUFFOLK SS :


At a Court of Sessions held at Southold in the County of


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RECORES : TOWN OF EAST-HAMPTON.


Suffolk on the last Tuesday in September in the 12th year of the reign of our sovereign Lady Queen Anne now of Great Britain and Anno qr Dom. 1713.


Present-Rich'd Smith Esqr., John Wicks Esqr., Abraham Howell, Esqr. and other Justices.


The above written orders of the Trustees of the Freehold- ers and Commonalty of the Town of East Hampton on said three sides one half of sheets of paper read in Court are con- firmed so far as they relate to the inhabitants and Freeholders of the said Town only and not as they refer to the creatures of any other Town.


Pr Curia A. GIBB Clk.


Book 4, page 142 .- At a legal meeting of the Trustees of the Freeholders and Commonalty of the Town of Easthamp- ton legally convened on the 10th day of April Annodo 1713, ordered by a major vote that no person nor persons shall or may sow any Summer grain nor mow any grass at Meantauk without liberty from said Trustees upon the penalty of Twen- ty shillings for each and every acre so sowed or mowed.


Ordered at the said meeting by a major vote that no per- son or persons shall or may put in or keep in any horse or neat cattle in the Indian field after the said field at Meantauk is cleared under the penalty of three shillings for each and every beast so found as aforesaid by any proprietor.


Ordered at said meeting by major vote that all and every person or persons that hath any horses at pasture at Mean- tauk or horse at pasture at Meantauk or horse either of his own or any other persons, that he give an exact account to Matthias Burnit at or before the twentieth day of this instant April, under the penalty of three shillings for each and every horse so neglected, and all the above penalties are and may be sued for as in other cases of debt.


MATTHIAS BURNIT Clerk.


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RECORDS: TOWN OF EAST-HAMPTON.


The above written is a true copy extracted out of the original and compared therewith per me


CORNELIUS CONKLING, Town Clerk.


Book G, page 79 .- (Abstract.) This Indenture made the 25th day of April 1713.


Between John Conkling of Easthampton &c., Yeoman, of the one part, and John Edwards, Cordwinder, of the other part. Witnesseth that the said John Conkling for and in consideration of the sum of Fifteen pounds to him in hand paid, hath granted and sold unto the said John Edwards and his heirs forever, a certain tract of land lying near the Brick Kills, between the land of Luis Conkling Westward and John Edwards own land Eastwards and the land of Mr. John Gard- iner Northward and the highway Southward, containing seven acres more or less.


To have and to hold the same forever, and doth warrant to defend.


In witness whereof the said John Conkling hath hereunto set his hand and seal the day and year abovesaid.


JOHN CONKLING. [L.S.]


In presence of


CORNELIUS CONKLING NATHANIEL DOMINY. Acknowledged same day before


MATTHIAS BURNET.


Entered and compared by CORNELIUS CONKLING, Town Clerk.


Book 4, page 10 .- Considering the great damage done by horses in this Town to fences and the meadows, the Trustees of the Freeholders and Commonalty of the Town of East-


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RECORDS: TOWN OF EAST-HAMPTON.


hampton legally convened on the 12th day of May Anno Dom. 1713, then ordered by major vote that if any horse kind be found at pasture within the stated Commons of said Town after the 22d day of said May, every such horse shall be lia- ble to be impounded by any proprietor and the owner of every such horse so pounded shall pay for the pounding the sum of nine


Also ordered at the aforesaid meeting by the authority aforesaid that if any horse kind be found at pasture Westward of Meantauk within our said Township and without the stated Commons of said Town after the fifteenth day of June next ensuing the date abovesaid, every such horse shall be liable to be impounded either by proprietors or pounders ap- pointed, and the owner of every such horse so pounded shall pay for pounding the sum of three shillings, and both of the abovesaid penalties may be recovered as in other cases of debt.


Also ordered at the above said meeting that the fence at the hither end of Meantauk as it now standeth being duly kept up from sea to sea is and shall be accounted and esteemed a sufficient fence from the date above written until the 25th day of March next ensuing.


Also ordered at the aforesaid meeting and by the authority aforesaid that if it should happen that any horse should happen to be impounded and no owner to be found, that then every such horse so impounded as aforesaid, shall be liable to be sold by a public vendue, returning the overplus of pound- ing and charge to the Queen, or to the owners if any appear. MATTHIAS BURNIT Clerk.


The above written order is a true copy extracted out of the original and compared per me.


CORNELIUS CONKLING, Town Clerk.


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RECORDS: TOWN OF EAST-HAMPTON.


Book A, page 1683 .- (Abstract.) Know all men by these presents that I James Diament of Easthampton in the County of Suffolk &c., Yeoman, for divers good causes but more especially for the sum of Three pounds Fifteen shillings cur- rent money in hand received of Ananias Conkling Jr. of same place, have sold unto the said Ananias and to his heirs for- ever, a certain piece of land containing half an acre and twenty poles of land, bounded by said Diman's land North- east, Capt. Talmage's land Southwest, said Conkling's land Southeast and the Georgake pond Northwest and the said James Diament doth agree to give further deed if needful.


In witness whereof the said James Diament hath hereunto set his hand and seal this twenty eighth day of May 1713.


JAMES DYMENT. [L.s.] In presence of (Sig.)


CORNELIUS CONKLING JR. CORNELIUS CONKLING, Town Clerk.


Loose Leaf No. 7, (Vote of April 4, 1710.)-Cornelius Conkling hath chosen for part of his half acre division joining to his own land at Ammaganset woods and so down to the swamp or through the same so far as he wants.


Capt. Burnit hath chosen his part or proportion in the half acre division at the West end of Seader point and so Eastward from sea to sea until he hath his complement in said division. Entered July the 21, 1713.


Marks, page 12 .- Stephen Hand Ju. entereth for his ear mark a crop on the Left ear and an ell on the under side of the same and a hole in the Right ear. Entered June 12, 1713.


CORNELIUS CONKLIN Clerk.


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RECORDS: TOWN OF EAST-HAMPTON.


NEW-YORK. 4th September 1713.


Book A, page 86 .- Then received of Mr. John Wheler, Collector, of Easthampton in Suffolk County by the hand of John Mulford, the sum of Thirty-five pounds and eight pence, and for the Treasurers salary seventeen shillings and eleven pence half-penny, being on the 10,000 ounces plate or 14,- 545 Lyon Dollars which was payable the last day of May last. I say received by me.


A. D. PEYSTER, Treasurer. 35- 0- 8 tax


£


0-17-112 Treas.


35-18-72


The above written three receipts is and are true copies extracted out of the original receipts and compared by me. CORNELIUS CONKLING, Town Clerk.


More in page 40 for quit rent.


Book G, page 82 .- (Abstract.) This Indenture made the fourteenth day of September 1713.


Between Lewis Conkling of Easthampton &c, Yeoman, of the one part, and Joseph Petty of Southold, Carpenter, of the other part. Witnesseth, that for and in consideration of the sum of Four pounds to him in hand paid by the said Joseph Petty, hath sold unto the said Petty and to his heirs one acre and half and half quarter of right of Commonage that belongeth unto Daniel Bishops lot. To have and to hold the same forever, and doth warrant to defend.


As witness his hand and seal the day and year above writ- ten.


LEWIS CONKLING. [L.s.]


In presence of MATTHIAS BURNET NATHANIEL DOMINY. Acknowledged same day before


MATTHIAS BURNET.


Entered and compared by


CORNELIUS CONKLING Town Clerk.


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RECORDS: TOWN OF EAST-HAMPTON.


Book G, page 91 .- (Abstract.). To all Christian people to whom these presents shall come. Know ye that I Benjamin Osborn of the Town of Easthampton &c., Yeoman, for and in consideration of the love and affection I have and do bear unto my loving and dutiful son Thomas Osborn of the same place, Yeoman, have granted, and confirmed unto the said Thomas and to his heirs forever, several parcels of land as fol- loweth : To say, half the rear of my home lot known by the name of the addition, bounded with the highway to the East- ward, and the land of said Benjamin Osborn to the West, and Northward with a seven acre close lying and joining to the said addition, bounded with the land of Capt. Cornelius Conk- ling to the Eastward and the land of Joseph Osborn to the Westward, and nine acres at Two Mile Hollow lying between the land of Seth Parsons and the land of Daniel Edwards, and Fourteen acres lying at a place known by the name of New- town, bounded with the land of Abiel Carle to the Westward, and with the high ways to the other three sides, and half my close of land in Jorgake first neck lying between the land of James Diament to the North and the land of Thomas Baker to the Southward and joining to the Creek to the East, and the highway to the West, and Ten acres of land lying in said Jorgakey neck between the land of James Diament to the Eastward and the land of Samuel Fyler to the Westward.


And Twelve acres of land lying in Jorgake middle neck, bounded with the land of Joseph Osborn to the Southward and the other three sides to the Town Commons; and three pieces of meadow land, to say all that my piece of meadow joining to Hokpond; and one piece meadow lying at a place known by the name of Acabonick landing place between the meadow of Capt. John Wheeler and the meadow belonging to some of the family of William Barns, deceased, and all my meadow land in Little Northwest neck, and twelve acres Commonage at home, and three fifth parts of three quarters


309


RECORAS : TOWN OF EAST-HAMPTON.


of a whole share throughout Meantauk, and one fourth part of an acre of land in my home lot lying in the Southeast corner next to my said son's farm, to have and to hold the same for- ever, and to his heirs doth give full and and absolute pos- session.


In witness whereof I the said Benjamin Osborn have here- unto set my hand and seal the 29th day of October 1713.


BENJAMIN OSBORN. [L.s.] In presence of


ELISHA CONKLING, JOHN CONKLING.


Acknowledged before


MATTHIAS BURNET.


Entered and compared by CORNELIUS CONKLING, Town Clerk.


NEW-YORK 29th of October 1713.


Book A, page 86 .- Then received of Mr. John Wheler, Collector of Easthampton in Suffolk County by the hand of Mr. John Mulford the sum of Thirty-five pounds eighteen shillings and for the Treasurer's salary eighteen shillings and four pence-half-penny being on the account for raising 10,- 000 ounces of plate or 14,545 Lyon dollars, I say received by me


A. D. PEYSTER, Treasurer.


35 18 0 tax 0 18 42 Treasurer.


36 16 42


EASTHAMPTON November the 18, 1713.


Book 4, page 82 .- Then at a meeting of the proprietors of this Town it was agreed by major vote of said proprietors


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RECORDS: TOWN OF EAST-HAMPTON.


that no proprietors of this Town shall take in any neat cattle or any other beast to pasture from or of any person or per- sons belonging to any other Town into this Town commons or let out any commonage or privilege within this Town to any person of any other Town on any pretence whatsoever on this side or Westward of Meantauk.


The above written is a true copy of said Town vote.


Attest CORNELIUS CONKLING, Town Clerk.


The day abovesaid it was agreed on by major vote of said proprietors of this Town that there should be a rate made on the proprietors of this Town to the value of twenty pounds to defray the charges of a trial at law or trials against South- ampton Freeholders in case of their refusing to fence the one half of the bound line between this Town and said South- ampton, each man paying in said rate according to his right or proportion in this Town Commons.


The abovesaid is a true copy of said Town vote.


Attest CORNELIUS CONKLING, Town Clerk.


It was also agreed on by major vote of the abovesaid Free- holders and proprietors of this Town that each and every of said proprietors in this Town Commons do make or set up a sufficient fence in the bound line between this Town and Southampton, each person setting his proportion of the one half of said line from the North side to the South side of the Island, and to be set up as abovesaid at or before the fifteenth day of April next ensuing the date first above written, or as the Trustees for the time being shall direct.


The above said is a true record of the votes passed on the day first above written.


Attest CORNELIUS CONKLING Town Clerk.


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RECORDS: TOWN OF EAST-HAMPTON.


Book G, page 83 .-- (Abstract.) This Indenture made the eleventh day of December 1713.


Between John Hoppin of Easthampton &c., Yeoman, of the one part and Cornelius Conkling of the same place, of the other part,


Witnesseth, that John Hoppin for and in consideration of the sum of Five pounds and five shillings current money to him in hand paid, hath granted and sold unto the said Cor- nelius Conkling and his heirs, One acre and half of Common- age throughout this Town bounds Westward of Meantauk,


To have and to hold the same forever, and doth warrant and defend.


In witness whereof I have set my hand and seal the day and year first above written. his JOHN E HOPPIN [L.S.] mark


In presence of MATTHIAS BURNET


MATTHIAS HOPPIN.


Acknowledged same day before


MATTHIAS BURNET.


Entered and compared by


CORNELIUS CONKLING, Town Clerk.


Book G, page 88 .- (Abstract.) This Indenture made the twelfth day of December 1713.


Between Cornelius Conkling of Easthampton &c., Yeoman, of the one part, and Isaac Mulford of same place, of the other part. Witnesseth, that the said Cornelius Conkling for and in consideration of the sum of Five pounds and five shillings current money to him in hand paid, hath granted and sold unto said Isaac Mulford and his heirs forever, One acre and half of Commonage throughout this Town bounds Westward


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RECORDS: TOWN OF EAST-HAMPTON.


of Meantauk. To have and to hold the same forever and doth warrant to defend the same.


In witness whereof I have hereunto set my hand and seal the day and year first above written.


CORNELIUS CONKLING. [L.s.] In presence of


MATTHIAS BURNET JOHN WHELER, JR.


Acknowledged same day before


MATTHIAS BURNET.


Entered and compared by


CORNELIUS CONKLING, Town Clerk.


Book 4, page 81 .- The under written is an account of Town charge taken December the 15th 1713 for the three years past and put into a rate and allowed by the Trustees of this Town, Viz :


To Thomas Mulford for several performances for Town


0 15 6


To Lieut Jeremiah Miller for several performances for Town 0 10 6


To Frances Shaw for cutting up stinking weeds 0 46


To repairing the Town house 9 00


To Mary Chanler for tending Jonathan Brooks. 0 14 0


To Willi Mulford for clearing the highway. 0 1 6


To Tho Chatfield for warning four Trustee meetings 0 4 0 To Willi Hedges, warning Town meeting 0 30


To Mr. John Mulford for writing for trustees in year 1711. 0 60


To money raised for the support of the poor


5 00


To Capt Mulford quit-rent and charges. 7 8 0


To Capt. Burnit for several charges allowed. 0 12 7


More to the quit-rent. 0 13 4


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RECORDS : TOWN OF EAST-HAMPTON.


To Cornelius Conkling for sweeping the meeting house the three years past and several other performances allowed by the Trustees of this Town 3 13 9


To Capt Wheler one day to Southampton 0 3 0 %


To Aron Fithian warning Trustees 3 times 0 30


To Nathan Miller warning Town and Trustees 0 40


John Mulford Jr. warning Trustees and, Town. 0 4 0)


Attest CORNELIUS CONKLING, Town Clerk.


Book of Marks, page 12 .- Matthew Lum of Southampton entereth for his ear mark Two half pennies on the upper side of the Right ear. Entered Jan. 5, 1713-14.


CORNELIUS CONKLIN, Town Clerk.


Book of Marks, page 12 .- Thomas Edwards entereth and addeth to his former mark two Slits or notches in the ears of his neat cattle. Entered Jan. 5th, 1713-14 By me CORNELIUS CONKLIN, Town Clerk.


Book G, page 87 .- (Abstract.) To all Christian people to whom these presents shall come, Greeting. Know ye that I Abiel Carle of Easthampton &c. for and in consideration of Thirty-six pounds current money of this province to me in hand paid by Isaac Mulford of same place, have sold unto the said Isaac Mulford and to his heirs forever, one parcel or tract of land in Easthampton aforesaid, containing six acres at a place commonly called Newtown, be it more or less, bounded with the land of Benjamin Osborn, Southeast and Northeast, and with the" land of John Davis Northwest, and the highway or street Southwest. To have and to hold the same forever and doth warrant and defend,


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RECORDS: TOWN OF EAST-HAMPTON.


In witness whereof the said Abiel Carle hath hereunto set his hand and seal this sixth day of January 1713-14. ABIEL CARLE. [L.S]. In presence of BENJAMIN TOWNSEND CORNELIUS CONKLING. Acknowledged same day before


ROBERT HUDSON.


Entered and compared by CORNELIUS CONKLING Town Clerk.


Book A, page 2112 .- (Abstract.) Know all men by these presents that I Lion Gardiner of the Town of Easthampton &c. Yeoman, for and in consideration of a valuable sum of money to me in hard paid by Josiah Edwards of Easthamp- ton, have granted and sold unto the said Josiah Edwards and his heirs forever, to say all that my division of land as it was laid out by the Town of Easthampton to me in Ameganset woods containing Two acres and half and Twenty poles, more or less, bounded by the land of Thomas Osborn on the one side and John Davis on the other side, and further more I, the said Lion Gardiner, do covenant to furnish further deed if required &c.


In witness whereof the said Lion Gardiner hath set his hand and seal this twelfth day of January 1713-14.


LION GARDINER. [L.S.]


In presence of


CORNELIUS CONKLING, Town Clerk.


THO EDWARDS.


Book G, page 89 .- (Abstract.) To all people to whom these presents shall come, Greeting. Know ye that I Abiel


315


RECORDS: TOWN OF EAST-HAMPTON.


Carle of Easthampton &c. for and in consideration of the sum of seven pounds current money to me in hand paid, by Elisha Conkling of same place, have granted and sold unto said Elisha Conkling and his heirs forever, Two acres commonage in all undivided land throughout the bounds of Easthampton Westward of Meantauk, To have and to hold the same, and doth warrant.


In witness whereof the said Abiel Carle hath hereunto set his hand and seal the 13th day of January 1713-14.


ABIEL CARLE. [L.s.]


In presence of JOHN DAVIS ISAAC MULFORD.


Acknowledged same day before


MATTHIAS BURNET.


Entered and compared by


CORNELIUS CONKLING, Town Clerk.


NEW-YORK, Jany. 27, 1713-14.


Book A, page 86 .- Then received of Mr. John Wheler, Collector of Easthampton in Suffolk County Seventy pounds eighteen shillings seven-pence half-penny, and for the Treas- urer's salary, one pound sixteen shillings four-pence-half- penny, being on the last payment of the act of General As- sembly of ten thousand ounces of plate or 14,545 Lyon dollar which was payable the last of November last


A. D. PEYSTER, Treasurer.


70 18 7 2 1 16 4 2 Treasurer.


72 15 0


74 11 4 2


316


RECORDS: TOWN OF EAST-HAMPTON.


Book of Marks, page 12 .- Daniel Hedges entereth for his ear mark A crop on the right Ear and a slit on the Left ear and a half-penny under the left ear. Entered February the 1, 1713-14.


By me CORNELIUS CONKLING, Town Clerk.


Book G, page 93 .- (Abstract.) This Indenture made the 19th day of February 1713-14,


Between Thomas Edwards of Easthampton &c. Yeoman, of the one part and Nathaniel Dominy of same place, Weaver, of the other part, Witnesseth, that the said Thomas Edwards for and in consideration of the sum of Twenty pounds to him in hand paid, hath granted and sold unto the said Nathaniel Dominy and his heirs forever, one eighth part of a share at the hither end of Meantauk from the Fort Pond Westward, and also a tract of land lying by Goose Creek in the Town abovesaid, Joseph Stretton's land lying on the East side and on the West side, and Goose Creek South and the Town Commons North &c., containing by estimation Ten acres be it more or less, To have and to hold the said granted land, and doth warrant to defend.


In witness whereof the said Thomas Edwards hath set his hand and seal the day and year above said.


THO EDWARDS. [L.S.] In presence of NATHAN MILLER JONATHAN PRATT. Acknowledged same day before


MATTHIAS BURNET.


Book G, page 93 .- Know all men by these presents that the subscriber, Nathaniel Dominy hath by virtue of these


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RECORDS: TOWN OF EAST-HAMPTON.


presents assigned over unto David Fithian and to his heirs and assigns the within mentioned piece of land known by the name of Goose Creek land or lying by Goose Creek con- taining ten acres, be it more or less as witness my hand this Twenty-ninth day of July 1714.


In presence of us.


MATTHI BURNET


CORNELIUS CNOKLING.


The above written is a true copy extracted out of the orig- inal deed and assignment and compared therewith per me CORNELIUS CONKLING, Town Clerk.


Book of Marks, page 12 .- John Lupton Jr. entereth for his ear mark A hollow crop on the right ear and a nick on the upper side of the same ear and his flesh brand I.L. on the Left Thigh. Entered March the 9, 1713-14.


By me CORNELIUS CONKLING, Town Clerk.


Page 10 .- Little John Indian entereth for his Ear mark, two half pennies under the left Ear, and a swallow tail on the right Ear, entered March the 19th, 1713-14.


Attest CORNELIUS CONKLING, Town Clerk. 7


Book of Marks, page 24 .- Beriah Dayton entereth for his ear mark two slits in the right ear and a crop on the left ear. The said Dayton entereth for his son John his ear mark two slits in the right ear and a crop on the left, and a half penny under the left ear.


Entered the 23 of March 1713.




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