Records of the town of East Hampton, Long Island, Suffolk Co., N.Y., with other ancient documents of historic value, volume IV, Part 21

Author: East Hampton (N.Y.); Hedges, Henry Parsons
Publication date: 1887
Publisher: Sag-Harbor, J. H. Hunt, printer
Number of Pages: 638


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 21


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Voted 1st. That one hundred pounds be raised for the sup- port of the poor of this town for the year ensuing.


2d. That the trustees shall have full power and authority to fix the time when the sheep, horses and cattle shall be al- lowed 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 respectively ordered from Montauk by the trustees in the fall or winter, until the trus- tees have granted liberty for them to go in the spring, all such horse kind, neat cattle or sheep shall be liable to be pounded, and the owner or owners of all such creatures so impounded shall pay eight shillings for each horse kind and each neat beast and two shillings for each sheep so impounded.


3d. That if any person or persons shall and 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, with-


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out first obtaining liberty of the trustees, he, she or they so offending shall for every such offense forfeit the sum of three pounds 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 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 halr to be for the benefit of the per- son 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 a seine or seines or net or nets 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 the sum of five pounds current money of New York for every offence, or for every draught of fish drawn or catched, as aforesaid, to be recovered before any court having cognizance thereof, by any person or per- sons who shall prosecute for the same to effect, the one equal half of all which forfeitures recovered to be paid to the over- seers 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 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 from the town to Sag-Harbor, westward of David Dayton's house, unless ordered or permitted by the commis- sioners or overseers of the highways, every person so offend- ing 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 person or persons who shall prosecute for the same, to effect, the one half of all which forfeitures, when recovered, to be paid to the overseers of the poor of this town for the use of


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RECORDS: TOWN OF EAST-HAMPTON.


said poor, and the other half to be for the benefit of the per- son or persons who shall prosecute for the same, as aforesaid.


6th. That any person or persons who shall cut or any oth- er 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, every person so offending shall for- feit the sum of one shilling for every tree or bush 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 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 per- son or persons who shall prosecute for the same, as aforesaid.


7th. That the meadow grass between Amagansett lane and the foot of highland shall be hired out by way of public vendue, for the year ensuing, to be mowed and not pastured, and hired it accordingly to Capt. Jonathan Barns for 36s. paid.


Sth. That if any person or persons shall cut or any other way destroy any trees or bushes on any part of Cedar Point or Cedar Island that belongs to this town commons, every person so offending shall forfeit the sum of five shillings for every tree or bush so cut or destroyed, as aforesaid, to be re- covered, 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 the benefit of the person or persons who shall prosecute for the same, as aforesaid.


9th. That the overseers of the poor of this town shall re- pair the widow Amy Bowers' house, to be paid by the town.


10. That the trustees shall give a lease to Nathaniel Domi-


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ny, of ten feet square, in the street adjoining his clock- maker's shop, during the term that his house, now standing there, shall remain where it is, &c.


Adjourned to the first Tuesday in April, 1796


Recorded by


ABRAHAM MILLER, Town Clerk.


Marks 52 .- Matthew Howell Cooper, of Southampton, enters for his ear mark a slope on the underside of the right ear and a half penny on the underside of the left ear, which he bought of Ludlum Parsons, as appears by a certificate signed by said Ludlum Parsons. Entered the 9th day of April, 1795, by


ABRAHAM MILLER, Town Clerk.


Benjamin Bennet enters for his ear mark a half penny on the underside of the left ear and a nick on the underside of the right ear. Recorded the 28th day of April, 1795, by ABRAHAM MILLER, Town Clerk.


Book E, page 83 .- At a meeting of the proprietors of Montauk, at the meeting house in East-Hampton, on Tues- day the 7th day of July, 1795.


Voted 1st. That Abraham Miller be clerk of this meeting.


2d. That the Trustees of the town of East Hampton, to- gether with David Hedges of the township of Southampton and Ezekiel Mulford, Abraham Miller, Jeremiah Osborn, Abraham Gardiner and Huntting Miller be a committee with power on the part of the proprietors of Montauk, to contract with Henry P. Dering, Esq., or any other person or persons that shall be legally authorised on the part of the United States, for the land of Montauk point for the purpose of erecting a light house there on such terms as they or majori-


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RECORDS: TOWN OF EAST-HAMPTON.


ty of them shall think proper or most advantageous to the proprietors, and that the trustees of the town of East Hamp- ton for the time being shall have full power and authority to dispose of any quantity of timber, stone or other materials on said land of Montauk to the builders of said light house as they shall think proper.


Recorded the 7th day of July, 1795, by


ABRAHAM MILLER, Town Clerk.


Marks, 52 .- Ambrose Parsons enters for his ear mark a slope the under side of the right ear a crop on the left ear, and a niek the under side of the left ear. Entered the 16th day of December, 1795 by


ABRAHAM MILLER, Town Clerk.


Book E, page 832 .- At an annual town meeting held in East Hampton, on Tuesday the 5th day of April, 1796, the town officers for the year ensuing were chosen, and the votes or town laws were passed as follows :


Elisha Mulford, Jr., was chosen town clerk.


Trustees-Abraham Miller, Elisha Mulford, Jr., Matthew Mulford,


Jeremiah Osborn,


David Hedges,


Huntting Miller,


David Fithian,


Abraham Gardiner,


William Huntting, Jonathan Barns,


Samuel Mulford, Elisha Conkling, Jr.


Jonathan Tuthill and Aaron Isaacs, Jr., were chosen con- stables.


Nathaniel Hand was chosen collector.


Abraham Miller was chosen supervisor.


Nathaniel Hand, Jeremiah Osborn, Abraham Gardiner,


Elisha Mulford, Jr., were chosen pound masters.


Elisha Mulford, Jr., Elisha Osborn, were chosen assessors,


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RECORDS: TOWN OF EAST-HAMPTON.


N. B. The town clerk, supervisor and assessors were chosen commissioners of schools.


Elisha Mulford, Jr., Jeremiah Osborn, Matthew Barns, were chosen commissioners of highways.


Jonathan Mulford, Jr., David Russel, Elisha Conkling, Jr., Jeremiah Miller, David Talmage 3d, Jonathan Schellenger, were chosen overseers of highways.


Recompence Sherill, Abraham Mulford, were chosen fence viewers.


Huntting Miller and Isaac Edwards were chosen Napeague pounders.


John Miller Jr., Nathaniel Baker Jr., Joseph Barns and Silas Hand were chosen beach pounders.


Josiah Mulford Jr., Ambros Parsons, William ulford Jr., Jacob Osborn, Nathaniel Baker Jr., Jediah Conkling were chosen sheep and swine pounders.


Jeremiah Miller and Abraham Mulford were chosen over- seers of the poor.


Voted that all the town laws and regulations which were in force the year past, shall be in force the year ensuing.


Voted that the law concerning cranberries, as passed in the year 1792, shall be in force the year ensuing.


Voted that the meadow grass between Amagansett lane and the foot of highland shall be hired out by way of public vendue, and was accordingly hired to Jonathan Barns for 35 shillings.


Adjourned to the first Tuesday in April, 1797 by


Recorded by


ELISHA MULFORD, JR., Town Clerk.


Marks 53 .- Capt. Jeremiah Osborne enters for his ear mark a half penny under the left ear, a slit in the right ear and a nick under the right ear. Recorded the 26th day of May, 1796, by


ELISHA MULFORD JR., Town Clerk.


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RECORDS : TOWN OF EAST- HAMPTON.


Capt. Jeremiah Osborne enters for his son Henry the mark that belonged to his father-in-law, John Parsons the fourth, it being a crop on the right ear and an ell under the left. Recorded the 26th day of May, 1796, by


ELISHA MULFORD JR., Town Clerk.


Marks 52 .- Nathaniel Baker Jr., enters for his ear mark a half penny each side of the right ear and a slit in the same ear. Recorded the 26th day of May, 1796, by


ELISHA EULFORD JR., Town Clerk.


Book G, page 177. [Abstract.] To all people to whom these presents shall come, greeting, know ye that I, John Gardiner, of Brookhaven, &c., farmer, for and in considera- tion of the sum of one hundred and thirteen pounds current money of the State of New. York, by Gardiner Miller, of East-Hampton, farmer, have granted and sold unto the said Gardiner Miller and his heirs forever, a eertain house, and lot of land in the town of East-Hampton, on the east side of the main street, containing two acres or thereabouts, more or less, bounded southwardly by John Davis' home lot, west- wardly by the main street, and northwardly and eastwardly by the highways or the road that goes to Amagansett and to the beach. To have and to hold the said premises forever, and do warrant and defend.


In witness whereof I have hereunto set my hand and seal the twelfth day of July, 1796.


JOHN GARDINER. [L.s.]


In presence of Elisha Miller, Isaac Plato, Thomas Filer. Entered and examined by


ELISHA MULFORD JR., Town Clerk.


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RECORDS: TOWN OF EAST-HAMPTON.


Marks 53 .- David Dayton enters for his ear mark a crop on each ear and a half penny the upperside of the right ear. Recorded the 30th day of November, 1796, by


ELISHA MULFORD JR., Town Clerk.


Jonathan Schellinger enters for his mark for cloth and etc., the letters J. X. S. Recorded the 22d day of December, 1796, by


ELISHA MULFORD JR, Town Clerk.


Isaac VanScoy Jr., enters for his ear mark a crop on the right ear, an ell on the upperside of the same and a half penny each side of the left ear. Recorded the 10th day of January, 1797, by


ELISHA MULEORD JR., Town Clerk.


Marks 54 .- Isaac B. Edwards enters for his ear mark an ell the upperside of the left ear and a half penny the upper- side of the right ear. Recorded the 14th day of March, 1797, by


ELISHA MULFORD JR., Town Clerk.


Jonathan Edwards enters for his son Josiah Edwards' ear mark an ell the upperside of the left ear and a half penny each side of the right ear. Recorded the 14th day of March, 1797, by


ELISHA MULFORD JR., Town Clerk.


Book E, page 842 .- At an annual town meeting held in East Hampton on Tuesday the 4th day of April, 1797, the town officers for the year ensuing were chosen, and the votes or town laws were passed as follows :


Elisha Mulford, Jr. was chosen town clerk.


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RECORDS : TOWN OF EAST-HAMPTON.


Trustees-Jonathan Dayton,


Edward Mulford,


Abraham Mulford,


John Huntting,


Jonathan Mulford, Jr.,


Merry Parsons,


Jonathan Conkling,


Abraham Barns,


Jeremiah Miller,


Isaac Edwards,


Benjamin Conkling, Thomas Osborn.


Nathaniel Hand, Elisha Mulford, Jr., Jeremiah Osborn, David Hedges and Elisha Osborn were chosen assessors.


The town clerk, supervisor and assessors were chosen com- missioners of schools.


Jonathan Tuthil and Aaron Isaacs, Jr. were chosen cons- tables.


Jonathan Tuthill was chosen collector.


David Talmage 3d, Jonathan Barns, overseers of highways.


Recompence Sherril and Abraham Mulford were chosen fence viewers.


Elisha Mulford, Jr., pound master.


Huntting Miller, Isaac Edwards, Napeague pounders.


Elisha Mulford, Jr., Jeremiah Osborn, Matthew Barns, commissioners of highways.


Jonathan Conkling, Jeremian Miller, David Russell, Elisha Conkling, Jr.


John Miller, Jr., Nathiel Baker, Joseph Barns, Silas Hand, beach pounders.


Josiah Mulford, Jr., Ambrose Parsons, Burnet Conkling, James Parsons, Abraham Osborn, sheep and swine pounders.


Jeremiah Miller, Abraham Mulford, overseers of the poor.


Voted that the commissioners of highways be authorised to place so many gates on the land of Baker leading from David Russel's across his bridge on condition that the owners of said land allow a pass road in the manner the said commis- sioners shall think proper.


Voted that one hundred pounds be raised for the support of the poor for the year ensuing.


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RECORDS: TOWN OF EAST-HAMPTON.


Voted that the trustees shall have full power and authority in case application should be made to them by any poor per- son for assistance to remove from this town to some other part of the world, to advance so much money on the credit of the town as they shall think best for the removal of such per- sons so applying, provided said person so applying will give bonds to the said trustees to refund or pay with lawful in- terest the money advanced as aforesaid in case they after be- ing so assisted shall return again and become an inhabitant of this town.


Voted that it shall be lawful to impound all swine that shall be found grazing or running in the commons anywhere within the town bounds westward of Montauk within the term of one whole year from the date abovesaid, the owner or owners of all such swine paying two shillings for each swine so impounded.


Voted that if any person or persons shall keep any flock of sheep in town commons, or suffer sheep to lay in the com- mons of this town at any time within the term of one whole year from the date abovesaid, all such sheep shall be liable to be impounded the owner or owners of all such sheep paying six pence for each sheep so impounded, Wainscott flock ex- cepted, they being provided with a sufficient shepherd ap- proved by the trustees of this town.


Also agreed on by major vote that all neat cattle and horse kind that shall be found grazing or running at large on the beach on the south side from the hither end of Montauk to the westward bounds of the town, at any time from the 6th day of May to the 12th day of September, shall be liable to be impounded, the owner or owners of all such creatures pay- ing four shillings for each neat beast or horse kind so im- pounded.


Also agreed on by major vote that if any person or persons shall cut any trees or bushes in the commons or on the high


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RECORDS : TOWN OF EAST-HAMPTON.


ways within eight feet of any person's fence, the fence run- ning in the line, he, she or they so offending shall be liable to the penalty of three pence per tree or bush. to be recov- ered by and for the benefit of any person or persons who shall prosecute for the same before any court having cogniz- ance thereof


Also agreed on by major vote that the fence viewers shall be sole judges of the sufficiency of fences within this town the year ensuing.


Also agreed on by major vote that if any horse kind, neat cattle, sheep or swine, shall be impounded agreeable to any of the above votes, at any time within one year from the date abovesaid, and the owner or owners doth not appear and pay the poundage in forty-eight hours after they are im- pounded, all such horse kind, neat cattle, sheep or swine may be sold at public vendue, and after the poundage and legal charges of sale are deducted, the overplus, if any, to be paid to the owner or owners, if to be found within one year after the sale, and if not the overplus money to go for the benefit of the poor of this town.


The proprietors of Montauk, on the day abovesaid, did agree that all horse kind that shall be found grazing on the land of Montauk, for time and term of one year from the date abovesaid, not having right or not being duly entered according to the orders of the trustees, are and shall be liable to be impounded, the owner or owners of all snch horses pay- ing eight shillings for each horse kind so impounded. On the day abovesaid it was agreed on by major vote of the pro- prietors abovesaid, that it shall be lawful to impound all neat cattle that shall be found grazing on Montauk not having right or not being duly entered according to the orders of the trustees for the time of one year from the date abovesaid the owner or owners of all such cattle paying one dollar for each neat beast so impounded.


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RECORDS: TOWN OF EAST-HAMPTON.


Also agreed on by major vote of the proprietors abovesaid, that it shall be lawful to impound all swine that shall be found grazing on Montauk without liberty from the Trustees for the time of one year from the date abovesaid, the owner or owners of all such swine paying three shillings for each swine so impounded, the Indians' swine only excepted, and they not exceeding the number which they are allowed to keep by agreement.


On the day abovesaid, it was agreed on by major vote of the proprietors abovesaid, that it shall be lawful to impound all sheep that shall be found grazing on Montauk for the time of one year from the date abovesaid, not having right or not being duly entered according to the orders of the trustees, the owner or owners of all such sheep paying two shillings for each sheep so impounded.


On the day abovesaid it was agreed by major vote of the proprietors abovesaid that it shall be lawful to impound all horse kind, neat cattle, sheep or swine that shall be found grazing in the fatting field at Montauk not having right or not being duly entered, or not having liberty for them by the trustees abovesaid, the owner or owners of all such horse kind neat cattle, sheep or swine paying eight shillings for each horse kind, and eight shillings for each neat beast, and two shillings for each sheep, and three shillings for each swine, and two shillings for each calf so impounded.


On the day abovesaid it was agreed on by major vote of the proprietors abovesaid that it shall be lawful to impound all stone horses that shall be found on Montauk after the sixth day of May next, and from thence until our next annual town meeting day, being two years old, or having lived over two winters, the owner or owners of all such stallions paying eight shillings for each stallion so impounded, except they have liberty from the trustees.


Also agreed on the day abovesaid by major vote of the


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REOCRDS : TOWN OF EAST-HAMPTON.


proprietors abovesaid, that if any horse kind, neat cattle, sheep or swine shall be found grazing in the Indian field at Montauk after said field is shut up until the fatting cattle are put into it or afterward, the Indian creatures excepted, and they not exceeding the number allowed them by the agree- ment, they shall be liable to be impounded, the owner or owners of all such creatures paying eight shillings for each horse kind, and eight shillings for each neat beast, and two shillings for each calf, and three shillings for each swine so impounded.


Also agreed on the day abovesaid by major vote of the pro- prietors abovesaid that it shall be lawful to pound all jack- asses or mules that shall be found grazing on Montauk for the term of one year from the date abovesaid except they have liberty from the trustees, the owner or owners of all such jacks or mules paying eight shillings for each jack or mule so impounded.


On the day abovesaid it was agreed on by major vote of the proprietors abovesaid that if any horse kind, neat cattle, sheep or swine shall be impounded on Montauk in the term of one year from the date abovesaid, and the owner or own- ers do not appear and pay the poundage in forty-eight hours after they are impounded, all such creatures so impounded may be sold at public vendue, and after the poundage and charges of sales are paid the surplus if any to be paid to the owner or owners if to be found in one year after the sale, and if not to go for the support of the poor of this town.


Also agreed on the day abovesaid by major vote of the proprietors abovesaid that every proprietor of Montauk shall have full power and authority to pound all creatures trespass- ing on Montauk agreeable to any of the above written votes.


Also agreed on the day abovesaid by major vote of the proprietors abovesaid that the fence at the hither end of Mon- tauk shall begin at common highwater mark at the south sea,


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RECORDS: TOWN OF EAST-HAMPTON.


and run across to the north sea or sound, and be three feet and ten inches high from the south sea to the north sea or sound, and there to run into the water until the water is three feet deep at the end of said fence at common low water which shall be accounted a sufficient and lawful fence.


Also agreed on the day abovesaid by major vote of the pro- prietors abovesaid, that if any person or persons whatsoever, shall cut down or any way destroy or carry off the land of Montauk any wood, underwood, any kind of timber or fenc- ing stuff within the term of one year from the date abovesaid, without liberty from the trustees by a certificate signed by their clerk, he, she or they so doing shall be liable to pay twelve shillings for every tree that is six inches over and up- wards, and two shillings for every tree under six inches, to proprietors of Montauk, for damages.


Also agreed on the day abovesaid, by major vote of the proprietors abovesaid, that the trustees shall have the power of managing Montauk the year ensuing, as to fencing and pasturing all and every part thereof, &c., as they shall judge best for the proprietors and shall have full power and author- ity to ask, demand, sue for, recover and receive all debts due from any person or persons whatsoever, to the said proprie- tors of Montauk, and to prosecute for the trespass done on said land of Montauk.


Also agreed on the day abovesaid, by major vote of the proprietors abovesaid that the Trustees shall and may have power and authority, on the first Monday in January next, to agree with a suitable person to live at the hither end of Montauk to take an account of all horses, cattle and sheep that are put on or taken off of said land of Montauk, &c., for the time and term of one year from the said first Monday in January next, and also to agree with a suitable person, on the said first Monday in January next, to live at the fatting field at Montauk, to take care of said field, and to take an


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RECORDS : TOWN OF EAST-HAMPTON.


account of all creatures that are put into or taken out of said field, &c., for the time and term of one whole year from the said first Monday in January next, and also on the said first Monday in January next, to agree with a suitable person to live at the fort pond at Montauk to keep and take care of the sheep &c., for the time and term of one whole year from the said first Monday in January next.


Voted that the meadow grass between Amagansett lane and the foot of highland be hired out at public vendue, and was accordingly hired to Jonathan Barns for three pounds and one shilling. Paid.


Adjourned to the first Tuesday in April, 1798. Recorded by


ELISHA MULFORD JR., Town Clerk.


Marks 54 .- Stephen Parsons enters for his son Stephen's ear mark a hollow crop on the left ear, a half penny under the same ear and a slope the underside of the right ear. Re- corded the 8th day of June, 1797, by


ELISHA MULFORD JR., Town Clerk.


Jonathan Edwards Jr., enters for his ear mark an ell on the upperside of the left ear and a half penny on the under side of each ear. Recorded the 4th day of July, 1797, by ELISHA MULFORD JR., Town Clerk.


Thomas Edwards Jr., enters for his ear mark a slope on the upperside of the left ear and a half penny the underside of each ear. Recorded the 4th day of July 1797, by


ELISHA MULFORD JR., Town Clerk.


Marks 55 .- Nathan Miller the third, enters for his ear mark a crop on the right ear and a half penny above the same ear, and a half penny under the left ear. Recorded the Sth day of December, 1797, by




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