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 IV > Part 20
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Voted 4th. That if any person or persons not belonging to this town shall catch any fish with any seine or net in the pond belonging to this town, called Georgica pond, within the term of one year from the date hereof, he, she or they so offending shall forfeit and pay the sum of five pounds current money of New York for every offence or for every draught of fish so drawn or catched, to be recovered with costs of suit before any court having cognizance thereof by any person or persons who shall sue and prosecute for the same to effect, the one equal half of all which forfeitures when recovered to be paid to the overseers of the poor of this town for the use of said poor, and the other half be for the benefit of the per- son or persons who shall prosecute for the same as aforesaid.
Voted 5th. That if any persons shall and doth mow or cut any beach grass on any of the beaches belonging to this town. he or they so offending shall for every such offence forfeit the sum of three pounds current money of New York per load, and in the same proportion for a greater or lesser quantity, to be recovered with costs of suit before any court having cognizance thereof, by any person or persons who shall sue and prosecute for the same to effect, the one equal half of all which forfeitures when recovered to be paid to the overseers of the poor of this town for the use of said poor, and the oth- er half to be for the benefit of any person or persons who shall prosecute for the same as aforesaid.
Voted 6th. That if any person or persons shall cut or any
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other way destroy any trees or bushes on any part of the highway on the road from the town to Sag Harbor, unless ordered or permitted by the commissioners or overseers of the highways of this town, he, she or they offending shall forfeit and pay one shilling current money of the state of New York, for every tree or bush so cut or destroyed as aforesaid, to be recovered with costs of suit by any person or persons who shall sue and prosecute for the same to effect before any court having cognizance thereof, the one equal half of all the said forfeitures, when recovered, to be paid to the overseers of the poor of this town for the benefit of said poor, and the other half to be for the benefit of the person or persons who shall prosecute for the same as aforesaid.
Voted 7th. That the meadow grass between Amagansett lane and the foot of high land be sold at public vendue, and accordingly hired it for this year to John Huntting for eight shillings.
Voted Sth. That the trustees shall let Gamaliel Bennet have a piece of land to set his house on, and for a garden, at such place as they shall think proper, and on such terms as they may think proper.
Marks, 49 .- Jeremiah Miller, Jr., enters for his son Jere- miah's ear mark a crop on the right ear and a nick the under side of the same ear and a half penny the upper side of the left ear, which was his uncle Matthew Miller's mark, and given to him. Recorded the 10th day of April, 1792, by
ABRAHAM MILLER, Town Clerk.
Jeremiah Miller, Jr., enters for his son Samuel's ear mark a crop on the right ear and an ell the upper side of the left ear, and a half penny the under side of the left ear. Recorded the 10th day of Aprii, 1792, by
ABRAHAM MILLER, Town Clerk.
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RECORDS: TOWN OF EAST-HAMPTON.
Aaron Isaacs, Jr., enters for his ear mark, bought of Jacob Conklin, a crop on the right ear and a half penny the upper side of the same ear. Recorded the 10th day of April, 1792. by
ABRAHAM MILLER, Town Clerk.
Ma.ks, 50 .- Elnathan Parsons enters for his brand mark for horses, E P on the left shoulder. Recorded the Sth day of June, 1792, by
ABRAHAM MILLER, Town Clerk.
Samuel Pierson, of Bridge Hampton, enters for his ear mark a hollow crop on the left ear and a half penny the un- der side of the right ear. Recorded the 24th day of June, 1792, by
ABRAHAM MILLER, Town Clerk.
Daniel Howell, Jr., of Southampton, enters for his ear mark a crop on the right ear and a slit in the same and a slope the upper side of the left ear. Recorded the 24th day of June, 1792, by
ABRAHAM MILLER, Town Clerk.
Nathan Mulford, Jr. enters for his ear mark a crop on the right ear and a slit in the crop, and a half penny the under side of the same ear and a slit in the right ear. Recorded the 30th day of June, 1792, by
ABRAHAM MILLER, Town Clerk.
David Topping, Jr. of Bridge Hampton enters for his ear marks a slope the upper side of the right ear and a hollow crop on the left ear and a half penny the under side of the left ear, and also a slope the under side of the left ear, a hol- low crop on the right ear and a half penny the under side of
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RECORDS: TOWN OF EAST-HAMPTON.
the right ear. Recorded the 5th day of December, 1792, by ABRAHAM MILLER, Town Clerk.
Abraham Mulford enters his son Abraham Mulford, Jr's., ear mark an ell the upper side of the left ear and a half penny the under side of the right ear. Recorded the 19th of De- cember, 1792, by
ABRAHAM MILLER, Town Clerk.
David Talmage, Jr., enters for his ear mark a crop on the left ear and a slit in the same ear. Entered the 1st day of March, 1793, by
ABRAHAM MILLER, Town Clerk.
Book E, page 76 .- At a town meeting held in East Hamp- ton, on Tuesday the 2d day of April, 1793, the town officers were chosen, and the votes or laws passed as follows, viz :
Abraham Miller was chosen town clerk.
Trustecs-Ezekiel Mulford, Daniel Conkling,
David Mulford,
Seth Barns,
Nathan Dayton,
Huntting Miller,
Isaac Conkling,
Nathaniel Baker,
William Huntting, William Mulford,
David Fithian, Elisha Conkling, Jr.
Aaron Isaacs, Jr. and Jonathan Tuthill were chosen con- stables.
Nathaniel Hand, collector.
Abraham Miller, supervisor.
Stephen Hedges, John Dayton, Ezekiel Mulford, overseer of the poor.
John Miller, Jr., Josiah Hedges, and Joseph Barns, beach pounders.
Nathaniel Hand, Ezekiel Mulford, Jeremiah Osborn, David Mulford, Elisha Osborn, assessors.
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RECORDS : TOWN OF EAST- HAMPTON.
Jeremiah Osborn, Elisha Mulford, Jr., and Matthew Barns, commissioners of highways.
Aaron Isaacs, Jr., Matthew Stratton, John Gardiner, Jona- than Schellinger, Isaac Scoy, Elisha Osborn, Jr., overseers of highways.
Stephen Hedges, Nathaniel Huntting, Jeremiah Miller, Jr., fence viewers.
Elisha Mulford, Jr., pound master.
John Huntting, Huntting Miller, Jonathan Barns, Napeague pounders.
Elisha Fithian, Mulford Osborn, Phillip Leek, sheep and swine pounders.
Voted 1st. That the overseers of the poor of this town, at their discretion, have liberty to supply John King with money or other articles sufficient for him to move to Spencr town or elsewhere, as they shall think best, and also to let the widow Elizabeth Bennet have cash to enable her to move to Shoreham, in the State of Vermont.
Voted 2d. That if any person or persons not belonging to this town shall catch any fish, with any seine or net, in the pond belonging to this town, called Georgica pond, within the term of one year from the date hereof, he, she or they so offending shall forfeit and pay the sum of five pounds current money of New-York for every offence, or for every draught of fish so drawn or caught, to be recovered, with costs of suit, before any court having cognizance thereof, by any person or persons who shall sue and prosecute for the same, to effect. The one equal half of all which forfeitures, when recovered, to be paid to the overseers of the poor of this town for the use of said poor, and the other half to be for the benefit of the person or persons who shall prosecute for the same, as aforesaid.
Voted 3d. That if any person or persons doth mow or cut any beach grass on any of the beaches belonging to this
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RECORDS : TOWN OF EAST-HAMPTON.
town, without first obtaining liberty of the Trustees, he, she or they so offending shall, for every such offence, forfeit the sum of three pounds current money of New-York, per load, and in the same proportion for a greater or less quanti- ty, to be recovered, with costs of suit, before any court having cognizance thereof, by any person or persons who shall sue and prosecute for the same to effect the one equal half of all which forfeitures, when recovered, to be paid to the overseers of the poor of this town for the use of said poor, and the other half to be for the benefit of the person or per- sons who shall prosecute for the same, as aforesaid.
Voted 4th. That if any person or persons shall cut or any other way destroy any trees or bushes on any part of the highway, on the road that goes from the town to Sag-Harbor, meaning the road that goes from David Dayton's, unless ordered or permitted by the commissioners or overseers of the highways, every person so offending shall forfeit and pay the sum of one shilling for every tree or bush so cut or de- stroyed, as aforesaid, to be recovered, with costs of suit, before any court having cognizance thereof, by any person or persons who shall sue and prosecute for the same, to effect. The one equal half of all which forfeitures, when recovered, to be for the overseers of the poor of this town, for the use of said poor, and the other half to be for the benefit of the person or persons that shall prosecute for the same, as afore- said.
Voted 5th. That the Trustees shall have full power and authority to appoint and fix on the time when the sheep shall be allowed to go onto Montauk in the spring of the year, and also when the horses shall be allowed to go on, and also when the cattle shall be allowed to go onto Montauk in the spring of the year, and if any horse kind, neat cattle or sheep shall be found on the land of Montauk, in the spring of the year, before liberty, is granted by the Trustees, as
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RECORDS : TOWN OF EAST-HAMPTON
aforesaid, all such horse kind, neat cattle or sheep shall be liable to be impounded, and the owner or owners thereof shall pay eight shillings for each horse kind and eight shil- lings for each neat beast and two shillings for each sheep so impounded.
Voted 6th. That all the meadow grass between Amagansett lane and the foot of high land shall be hired out the ensuing year at public vendue, and accordingly hired it to Capt Jon- athan Barns for 50s.
Voted 9. That one hundred and thirty pounds be raised for the support of the poor of this town, the year ensuing.
Marks 51 .- Deacon David Hedges, of Bridge-Hampton, enters for his ear mark a slope on the underside of the right ear, bought of the widow Jemima Stratton. Recorded the 17th day of June, 1793, by
ABRAHAM MILLER, Town Clerk.
Samuel Ranger enters for his ear mark an ell on the upper side of the left ear, and a half penny on each side of the right ear. Recorded the 23d day of August, 1793, by ABRAHAM MILLER, Town Clerk.
Braddock Corey, of Sag-Harbor, enters for his ear mark a slit in the right ear and a half penny on the upperside of the same ear. Recorded the 23d day of August, 1793, by ABRAHAM MILLER, Town Clerk.
Book G, page 174 .- Whereas a controversy has arisen be- tween David Russel, of East Hampton, in the county ot Suf- folk, proprietor of certain lands in a neck of land known by the name of Little Northwest Neck, and being within the . town aforesaid, and certain persons residing in said town, proprietors of the meadows adjoining to the said neck of land, relative to the roads or highways leading through or passing
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RECORDS: TOWN OF EAST-HAMPTON.
along by the lands of the said David Russell into the said meadows, and the respective parties having agreed to leave the said matter in dispute to us the subscribers, as arbitrators, to determine where the said highways shall run, and we the subscribers having taken the said matter into consideration, and heard the allegations and proofs of the respective parties, are of opinion that if the proprietors of the said meadows in passing to and returning from their meadows and lands ad- joining were to be altogether confined to the passing high- ways mentioned in the records of the town of East Hampton, as reserved for their use when the said neck of land was first laid out out and sold, it would in many respects be inconve - nient both to the said proprietors and to the said David Rus- sell, the said record having determined that for the greater part of the way the said highway should run along by and be adjoining to the lands and meadows which had been before that time laid out, and that in one place one of the said roads should run along by or near to the place where the barn or cowyard of the said David Russell now stands, and there be- ing now no evidence to determine with certainty where the bounds of the meadow lots and lands laid out with them orig- inally were, recourse must be had in such cases to possession, in order to determine the bounds, and this possession in the present case so far as appears to us from the evidence that hath been exhibited by the parties, can only be determined by the line fence running between the said meadow lots and the land occupied bp the said David Russell.
We are therefore of opinion that it would be most benefi- cial for all the parties concerned, to lay aside the old passing highways mentioned in the records, and in the room of them to establish new passing highways for the conveniency of the proprietors of the meadows in the manner following, that is to say, one passing highway three rods wide to begin at the bars at the head of the red spring swamp, and to run north-
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RECORDS : TOWN OF EAST-HAMPTON.
wardly along by and adjoining the meadow lots which lie to the southward of a certain swamp that puts out westwardly from the meadows on the east side of the said neck, and to continue along by and adjoining to the said lots until it comes to the said swamp, the said highway to be for the accommo- dation of the owners of those meadow lots which lie to the southward of the said swamp.
And another passing highway to begin at the said bars at the head of the Red Spring swamp, and to be three rods wide and to run as the path now runs along by the said David Russell's house, and from thence to run as the path now runs to the west end of said swamp, and from thence along by the north side of the said swamp until it comes to the meadow lots lying to the northward of the said swamp, and from thence along by and adjoining to the said meadow lots until it comes to a place known in the said records, by the name of Ephraim Stratton's bars, and from thence to continue, as the road now runs along by the east side of the said neck ; the said highway to be for the accommodation of the owners of those meadow lots which lie to the northward of the swamp above mentioned.
And another passing highway, three rods wide, to begin near David Russell's house, where the highway last above mentioned shall begin to turn towards the swamp, and from thence to run northwardly along by and adjoining to the meadow-lots which lie on the west side of the said neck, and so to continue until it comes to the bay or harbor. The said highway to be for the accommodation of the proprietors of those meadow lots which lie on the west side of the said neck.
And whereas the new roads above proposed, will, in sever- al places, deviate from the old roads mentioned in the said records, we are further of the opinion that all such parts of old recorded roads running on each side of the said neck, as
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RECORDS: TOWN OF EAST-HAMPTON.
may not be comprehended in or run in the same place as the new roads above proposed, ought to be considered as private proderty of the said David Russell after the said new roads are laid out, and that the said David Russell ought to be considered as the owner or proprietor of all the wood or timber growing or standing on the said new proposed roads as having a right to pasture the same in like manner as has heretofore been practiced with respect to passing highways in other parts of the said town of East-Hampton, and that he ought not to have any compensation for having any or either of the said new proposed roads laid out along through or ad- joining to any of his lands, other than what has been above mentioned, and that he or his legal representatives shall, at all times hereafter, keep a good and sufficient gate or gates at the place where the bars now stand, at the head of the Red Spring swamp, and shall not obstruct or fence across any part of the said roads in such manner as to render them un- fit for passing highways, but wherever any fence may run across the said highways, shall keep good and sufficient gates or bars, and shall not obstruct the said roads by plowing or otherwise. And further, we are of the opinion that the ex- pense which has arisen in consequence of this present arbi- tration so far as respects a compensation to be made to the arbitrators for their time and trouble in attending the busi- ness ought to be paid, the one half part of it by the said David Russell, and the other half part of it by the owners of the said meadows.
In witness we have hereunto affixed our hands and seals on this twenty-eighth day of September, in the year of our Lord, 1793.
NATHAN FORDHAM, [L.s.] JAMES WHITE, [L.S.]
JONATHAN N. HAVENS. [L.s.]
The above is a true copy taken from the original and com- pared therewith by
ABRAHAM MILLER, Town Clerk.
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RECORDS: TOWN OF EAST-HAMPTON.
Marks 51 .- John Strong Jr., enters for his ear mark an ell on the upper side of the right ear and a slit in the left and a half penny on the upperside of the left ear, which he bought of Enos Talmage. Recorded the 21st day of December 1793, by
ABRAHAM MILLER, Town Clerk.
Marks 52 .- Thomas Osborne enters for his ear mark a slit in the end of each ear and a half penny on the underside of the right, and a half penny on the upperside of the left ear. Recorded the 21st of December, 1793, by
ABRAHAM MILLER, Town Clerk.
Book E, page 79 .- At an annual town meeting held in East-Hamptou on Tuesday the first day of April, 1794, the town officers for the year ensuing, and the votes or town laws passed as follows. viz :
Abraham Miller was chosen Town Clerk.
Trustees-Jeremiah Osborn, Abraham Miller,
Elisha Mulford Jr., Matthew Mulford,
David Hedges, Abraham Mulford,
Ludlam Parsons,
Matthew Barns,
Samuel Mulford Jr., Abraham Gardiner,
Elisha Osborn Jr., John Huntting.
Aaron Isaacs Jr., and Jonathan Tuthill were chosen con- stables.
Nathaniel Hand was chosen collector.
Abraham Miller was chosen supervisor.
Jeremiah Osborn and Nathaniel Dominy were chosen over- seers of the poor.
Nathaniel Hand, Jeremiah Osborn, Nathan Dayton, Elisha Mulford Jr., and Elisha Osborn were chosen assessors.
Jeremiah Osborn, Elisha Mulford Jr., and Matthew Barns were chosen commissioners of highways.
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RECORDS: TOWN OF EAST-HAMPTON.
Aaron Isaacs Jr., Matthew Stratton, Elisha Miller, Jona- than Schellinger, Isaac VanScoy and Thomas Osborn were chosen overseers of the highways,
Daniel Conkling, Jeremiah Miller Jr., Ludlam Parsons were chosen fence viewers.
Elisha Mulford Jr., was chosen pound master.
Jonathan Barns, Isaac Edwards, Huntting Miller and John Huntting were chosen Napeague pounders.
John Miller Jr., Josiah Hedges, Joseph Barns, Elisha Conkling Jr., Thomas Osborn were chosen beach pounders.
Josiah Hedges, Josiah Mulford Jr., David Talmage 3d, Abraham Edwards were chosen sheep and swine pounders.
Voted 1st. That one hundred and thirty pounds be raised for the support of the poor of this town for the year ensuing.
Voted 2d. That the Trustees shall have full power and authority to appoint and fix the time when the sheep, horses and cattle shall be allowed to go to Montauk in the spring of the year, and if any horse kind, neat cattle or sheep shall be found grazing on Montauk at any time after they are respect- ively ordered from Montauk, by the trustees in the fall of the year. And so during the whole winter until the Trustees have granted liberty for them, respectively, to go to Montauk in the spring, all such horse kind, neat cattle or sheep shall be liable to be impounded, and the owner or owners of all such creatures so impounded shall pay eight shillings for each horse kind, and for each neat beast, and two shillings for each sheep so impounded.
3d. That if any person or persons doth mow or cut any beach grass on any of the beaches belonging to this town, within the term of one year from the date hereof, without first obtaining liberty of the Trustees, he, she or they so offending shall, for every such offence, forfeit the sum of three pounds per load; and in the same proportion for a greater or less quantity, to be recovered, with costs of suit,
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RECORDS: TOWN OF EAST-HAMPTON.
before any Court having cognizance thereof, by any person or persons who shall prosecute for the same, to effect, the one equal half of all such forfeitures, when recovered, to be paid to the overseers of the poor of this town for the use of supporting said poor, and the other half to be for the benefit of the of person or persons who shall prosecute for the same, as aforesaid.
4th. That if any person or persons not belonging to this town shall catch any fish with any seine or net in the pond belonging to this town, called Georgica pond, within the term of one year from the date hereof, he, she or they so of- fending shall forfeit the sum of five pounds current money of New-York, for every offence, or for every . draught of fish drawn or caught, as aforesaid, to be recovered, with costs of suit, before any Court having cognizance thereof. by any person or persons who shall prosecute for the same, to effect, the one equal half of all which forfeitures, when recovered, to be paid to the overseers of the poor of this town for the use of supporting said poor, and the other half to be for benefit of the person or persons who shall prosecute for the same, as aforesaid.
5th. That if any person or persons shall cut or any other way destroy any trees or bushes on any part of the highway on the road that goes from the town to Sag-Harbor, meaning the road from David Dayton's, unless ordered or permitted by the commissioners or overseers of the highways, every person so offending shall forfeit the sum of one shilling for every tree or bush so cut or destroyed, as aforesaid, to be re- covered, with costs of suit, before any court having cogniz- ance thereof, by any person or persons who shall prosecute for the same, to effect, the one equal half of all which forfeit- ures, when recovered, to be paid to the overseers of the poor of the poor of this town for the use of supporting said poor,
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RECORDS : TOWN OF EAST-HAMPTON.
and the other half to be for the benefit of the person or per- sons who shall prosecute for the same, as abovesaid.
6th. That if any person or persons shall cut or any other way destroy any pine or cedar trees or bushes on any part of the common land at Napeague, within the term of one year from the date hereof, he, she or they so offending shall forfeit the sum of one shilling for every tree or bush so cut or destroyed, as aforesaid, to be recovered, with costs of suit, before any court having cognizance thereof, by any per- son or persons who shall prosecute for the same, to effect, the one equal half of all which forfeitures, when recovered, to be paid to the overseers of the poor of this town for the use of supporting said poor, and the other half to be for the benefit of the person or persons who shall prosecute for the same, as aforsaid.
7th. That the meadow grass between Amagansett land and thh foot of high land, shall be hired out by way of public vendue for the year ensuing, and hired it accordingly to Capt. Jonathan Barns for 36s.
Book E, page 81 .- At an annual town meeting held in East-Hampton on Tuesday, the 7th day of April, 1795, the town officers for the year ensuing were chosen, and the votes or town laws were pessed, as follows :
Abraham Miller was chosen Town Clerk.
Trustees-David Mulford, Nathaniel Hand,
Isaac Edwards, Samuel Parsons,
Miller Dayton, Jeremiah Miller,
Jonathan Mulford Jr.,
Daniel Conkling Jr.,
Nathan Dayton,
Elisha Osborn,
Seth Barns, Daniel Hedges.
Jonathan Tuthill and Aaron Isaacs Jr., were chosen con- Nathaniel Hand was chosen collector.
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RECORDS: TOWN OF EAST-HAMPTON.
Abraham Miller was chosen supervisor.
Nathaniel Hand, Jeremiah Osborn, Abraham Gardiner, Elisha Mulford Jr., and Elisha Osborn were chosen assessors.
Jeremiah Osborn, Elisha Mulford Jr., and Matthew Barns were chosen commissioners of highways.
John Huntting, David Russell, Elisha Conkling Jr., Henry Chatfield, David Talmage 3d, and Isaac Conkling were chosen overseers of highways.
Abraham Mulford and Recompence Sherrill were chosen fence viewers.
Elisha Mulford Jr., was chosen pound master.
Jonathan Barns, Isaac Edwards, Huntting Miller and John Huntting were chosen Napeague pounders,
Jonathan Fithian, Samuel Huntting and David Talmage 3d, were chosen sheep and swine pounders.
John Miller Jr., Josiah Hedges, Joseph Barns, Elisha Conkling Jr., and Thomas Osborn were chosen beach pounders.
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