Records of the town of East Hampton, Long Island, Suffolk Co., N.Y., with other ancient documents of historic value, volume IV, Part 24

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 24


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Jeremiah Miller enters for his ear mark a crop on the right . ear and an ell on the upperside of the left ear, which mark he


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REOCRDS : TOWN OF EAST-HAMPTON.


says he bought of Samuel Mulford. Recorded the 26th day of January 1805, by


ABRAHAM MILLER, Town Clerk.


At an annual town meeting held at the meeting house in East-Hampton on Tuesday, the 2d day of April, A. D., 1805, the town officers were chosen and the votes or town laws were passed by major vote, as followeth, viz :


Abraham Miller was chosen Town Clerk.


Trustees-Jonathan Dayton, Daniel Hedges,


Samuel Miller,


Joseph Barns,


Abraham Barns,


Jeremiah Huntting,


William Mulford,


Samuel Mulford,


Nathaniel Baker,


Jonathan Mulford Jr.,


Abraham Edwards, Zephaniah Hedges.


Jeremiah Osborn, Jonathan Tuthill, overseers of the poor. Abraham Miller, supervisor.


Jonathan H. Stratton, Aaron Isaacs, David Talmage 3d, Jeremiah Conkling, Zephaniah Hedges, David VanScoy and Elihu Edwards, overseers of highways.


John Parsons, Samuel Parsons, Samuel Mulford, Ezekiel Payne, Joseph Miller, Timothy Miller, Isaac Conkling, Jere- miah Miller, Henry Chatfield, Bethuel Edwards, James Hand, fence viewers.


Gardiner Miller, Samuel Miller, Isaac Barns, Jared Hand, constables.


Jonathan S. Conklin, Samuel Mulford, Jeremiah Osborn, Jeremiah Huntting, Elisha Conkling, assessors.


Jonathan Tuthill, collector, to pay £40-6


Samuel Mulford, Miller Dayton, Jeremiah Osborn, commis- sioners of highways.


· William Parsons, David Talmage 3d, pound masters.


Nathaniel Baker, Jr., Jacob H. Osborn, Nathan Osborn, Jacob Hopping, Joseph Barns, beach pounders.


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RECORDS: TOWN OF EAST-HAMPTON.


David Edwards, Jacob H. Osborn, Elisha Fithian, Hedges Parsons, Abraham Leek, Abraham Schellinger, Jr., sheep and swine pounders.


Voted 1st. That the sum of two hundred and fifty dollars be raised for the support of the poor of this town for the year ensuing.


2d. That the overseers of the poor shall procure all the fire wood for the poor's use, by the cord.


3d. That if any person or persons shall keep any flock of sheep on the commons or suffer their sheep to lay in the commons of this town from the date hereof, until our next annual town meeting day, all such sheep shall be liable to impound, the owner or owners to pay one shilling for each sheep so impounded.


4th. That it shall be lawful to pound all swine that shall be lawful to pound all swine that shall be found running at large in the commons of this town westward of Montauk, the own- er or owners of all such swine to pay five shillings for each swine so impounded.


5th. That all the meadow grass between Indian well and the foot of highland be hired out for the year ensuing, to be mowed and not pastured and hired it to Jonathan Barns Jr., for £5-14-0. And also a small piece a little to the eastward of highland to Jonathan Barns, Jr., for £0-9-0. And also Georgica beach to Capt. Jeremiah Osborn for £1-5-0.


6th. That if any person or person not inhabitants of this town or not having right in the commons of this town, shall be detected in catching eels in any of the bays, harbors, creeks or ponds belonging to this town, he, she or they so offending shall, for every such offence, forfeit and pay the sum of five dollars for every such offence, 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,


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RECORDS : TOWN OF EAST-HAMPTON.


to be paid to the overseers of the poor for the use of the poor of this town, and the other half for the person or persons who shall prosecute for the same, as aforesaid.


7th. That if any person or persons not inhabitants of this town or not having right in the commons of this town shall catch any clams in any of the bays, harbors, creeks or ponds belonging to this town, or shall take on board of any vessel, boat or craft any clams that have been taken out of any of the bays, harbors, creeks or ponds belonging to this town, every person so offending, shall, for every such offence, for- feit any pay the sum of five dollars and the further sum of one dollar per bushel for all clams caught or taken on board, as aforesaid, unless such person or persons shall prove that they purchased them of some inhabitant or freeholder of this town, to be recovered before any court having cognizance thereof, by any person or persons who shall prosecute for the same, the one half to be paid to the overseers of the poor for the use of the poor of this town and the other half for the person or persons who shall prosecute for the same to effect.


Sth. That whereas Daniel Fordham and others have for sometime occupied a part of the common land or highway belonging to this town without paying any compensation for it, therefore voted that the trustees of this town be and are hereby authorized and empowered to lease unto the said Daniel Fordham and every other person that occupies any common land belonging to this term and in such manner as the said trustees shall think proper.


9th. That the trustees hire out pews in the meeting house for one year by way of vendue and appropriate the avails thereof towards the payment of Mr. Beecher's salary.


10th. That the trustees of this town be and they are here- by authorized empowered to sell the house at Wainscott be- longing to this town, lately occupied bo William Miller, de-


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ceased, and to give a deed for the same, if they shall think proper.


11th. That it shall not be lawful to dig up and caary away the turf or ground in the town street, and if any person or persons shall dig up the turf or ground in the street, as afore- said, such person or persons shall forfeit and pay the sum of five dollars for every such offence, unless they previously ob- tain liberty of one of the commissioners of highways, to be recovered before any court having cognizance thereof, by any person or persons who shall prosecute for the same, one moie- ty thereof for the use of the poor of this town, and the other moiety for the prosecutor.


12th. That the front seats in the lower gallery in the meet- ing house shall belong to the singers and those persons that do not sing at meeting shall move out of said seats and make room for those who do sing.


13th. That no person or persons not inhabitants of this town shall get and carry any sea weed from the beaches or common land belonging to this town without liberty from the trustees. under penalty of one dollar per load, to be sued for, recovered and appropriated by the trustees of this town in such manner as they shall think proper.


14th. That if any person or persons shall rake, pick, or in any other way gather any cranberries on any of the land or meadows belonging to this town at any time before the twen- tieth day of September next, at sunrise, every person so of- fending shall forfeit and pay the sum of one dollar per bushel for every such offence, and in the same proportion for a great- er or lesser quantity, to be recovered with costs of suit before any court having cognizance thereof, by any person or per- sons who shall prosecute for the same, 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 said poor, and the other


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RECORDS : TOWN OF EAST-HAMPTON.


half to the person or persons who shall prosecute for the same to effect.


15th. That horses shall not be allowed to lay on Napeague or any of the beaches belonging to this town, in the winter, from the time that the common stock are brought from Mon- tauk in the fall of the year, until they are allowed to go on to Montauk the next spring, and that all horse kind that shall be found running at large on Napeague, or any of the beaches belonging to this town, in the time of year above mentioned, shall be liable to be pounded, the owner or owners to pay fifty cents for each horse kind so impounded.


Marks, 63 .- Isaac VanScoy, Jr., enters the following ear mark for his son Arnold, viz : a slope the under side of the right ear and a half penny on each side of the left ear. Re- corded the Sth day of May, 1805, by


ABRAHAM MILLER, Town Clerk.


Dering Ranger enters for his ear mark an ell the upper side of the right ear and a half penny the upper side of the same ear. Recorded the 30th day of May, 1805, by ABRAHAM MILLER, Town Clerk.


Jeremiah Terry enters for his ear mark an ell the upper side of the left ear and a half penny the upper side of the same ear, Recorded the 30th day of May, 1S05, by ABRAHAM MILLER, Town Clerk.


James Terry enters for his ear mark an ell the under side of the right ear and a half penny the under side of the same ear. Recorded the 30th day of May, 1805, by


ABRAHAM MILLER, Town Clerk.


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RECORDS: TOWN OF EAST-HAMPTON.


Marks, 64 .- Eli Parsons enters for his ear mark a half pen- ny the under side of each ear, which mark was given him by his father, Samuel Parsons, deceased. Recorded the 30th day of May, 1805, by


ABRAHAM MILLER, Town Clerk.


Eli Parsons enters the following ear mark for his son, Eli Parsons, Jr., viz : a half penny the upperside of each ear and and a half penny the underside of the right ear, which he says he bought of Deacon Jeremiah Hedges. Recorded the 30th day of May, 1805, by


ABRAHAM MILLER, Town Clerk.


Samuel Mulford enters for his ear mark an ell the upper- side of the left ear, which mark was given him by his father. Recorded the 19th day of June, 1805, by


ABRAHAM MILLER, Town Clerk.


Samuel Mulford enters the following ear mark for his son, Thomas Jefferson, viz : a hollow crop on the left ear, which mark he bought of the heirs of Benjamin Ayres, deceased. Recorded the 19th day of June, 1805, by


ABRAHAM MILLER, Town Clerk.


Book H, page 14 .- At a town meeting legally notified and held in the town of East-Hampton on Tuesday, the 24th day of September, 1S05, voted that the sum of one hundred dol- lars be added to the salary of the Rev. Lyman Beecher, to be annually raised, levied and collected in the same manner that his present salary is raised, levied and collected.


Marks 64 .- Jacob Hedges enters for his ear mark, bought of Major Nathan Dayton, a hollow crop on the left ear and a


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RECORDS : TOWN OF EAST-HAMPTON.


square crop on the right ear. Recorded the 22d day of No- vember, 1805, by


ABRAHAM MILLER, Town Clerk.


Marks 65 .- Abraham Hedges, Jr., enters for his ear mark, bought of Major Nathan Dayton a hollow crop on the right ear and a square crop on the left ear. Recorded the 22d day of November, 1805, by


ABRAHAM MILLER, Town Clerk.


Samuel Schellinger enters for his ear mark a slope on the under side of the right ear and a half penny on the upper side of the same ear. Recorded the 19th day of December, 1805, by


ABRAHAM MILLER, Town Clerk.


Abraham Huntting enters for his ear mark a crop on the right ear and a half penny the upper side of the right ear and a slit in the left ear. Recorded the first day of January, 1806, by


ABRAHAM MILLER, Town Clerk.


Abraham Hnntting enters the following ear mark for his son Abraham Mulford Huntting, viz : a crop on the right ear and a half penny on each side of the right ear and a half pen- ny on each side of the right ear and a slit in the left ear. Re- corded the first day of January, 1806, by


ABRAHAM MILLER, Town Clerk.


Book H, page 14 .- At an annual town meeting held at the meeting house in East-Hampton on Tuesday, the first day of April 1306, the town officers were chosen and the votes or town laws passed by major vote, as follows, : viz :


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RECORDS: TOWN OF EAST-HAMPTON.


Trustees-Abraham Miller,


Huntting Miller,


David Sherrill,


Jeremiah Osborn,


David Hedges,


Josiah Mulford,


Benjamin Miller,


Elisha Conkling,


Mulford Hand,


Isaac Barnes,


Edward Mulford


Samuel Parsons.


Jonathan Tuthill, collector, to pay 4 dollars.


Commissioners of highways-Samuel Mulford, Jeremiah Osborn, Miller Dayton.


Overseers of highways-Jonathan Schellinger, Mulford Hand, Samuel Gardiner, Aaron Isaacs, Ambrose Parsons, Nathan Osborn, Isaac VanScoy Jr., and Elihu Edwards.


Fence viewers-Isaac Conklin, Ezekiel Payne, David Tal- mage, 3d, John Edwards, Jonathan Tuthill, Samuel Parsons, Samuel Miller, Jonathan Mulford, Jr., Bethuel Edwards and Nathan Osborn.


Overseers of the poor-Jeremiah Osborn and Jonathan Tuthill.


Supervisor-Jonathan Dayton.


Constables-Jeremiah Huntting, David Sherrill, David Baker and Jared Hand.


Assessors-Jeremiah Osborn, Jonathan S. Conklin, Jere- miah Huntting, Samuel Mulford and Elisha Conkling.


Pound masters-William Parsons, Isaac Payne.


Beach pounders-Joseph Barns, John Hedges, Nathan Osborn, Jonathan Schellinger, Zachariah Hicks and James Hand.


Sheep and swine pounders-Sylvester Schellinger, Sineus Conkling Jr., Elisha Fithian, Elisha Parsons, Henry Osborn, Jr., Lester Bennet, Jeremiah King.


Napeague pounders-Josiah Mulford, Jr., Mulford Hand, Jonathan Barns, Jr., Samuel Miller, Huntting Miller, Jona- than H. Stratton.


Voted 1st. That the sum of two hundred and fifty dollars be


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RECORDS : TOWN OF EAST-HAMPTON.


raised for the support of the poor of this town for the year ensuing.


2d. That if any person or persons shall keep any flock of sheep on the commons or suffer their sheep to lay on the commons of this town after the twelfth day of this month until our next annual town meeting day, all such sheep shall be liable to be 'impounded, the owner or owners to pay one shilling for each sheep so impounded.


3d. That it shall be lawful to pound all swine that shall be found running at large on the commons of this town westward of Montauk, the owner or owners of all such swine to pay five shillings for each swine so impounded.


4th. That all the meadow grass between Indian well and the foot of highland, be hired out for the year ensuing, to be m owed and not pastured and hired it as follows :


Easter most lot :


No. 1 to Jonathan Barns, Jr., for £1-4-0).


2 to Jonathan Barns, Jr., for £1-12-0.


3 to Jonathan Baker, for £1-12-0.


4 to Jonathan Osborn, Jr., for £1-13-0.


5 to Jonathan Schellinger for £1-11-0.


6 to Jonathan Barns, Jr., for £1-5-0.


Also the beach grass at Georgica to Reuben Hedges for £1-13-0.


Do. at Wainscott pond to Jonathan Osborn for £0-2-6.


5th. That if any person or persons not inhabitants of this town or not having right in the commons of this town, shall be detected in catehing eels in any of the bays, harbors, creeks or ponds belonging to this town, he, she or they so offending shall, for every such offence, forfeit and pay the sum of ten dollars, 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 for- feitures, when recovered, to be paid to the overseers of the


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RECORDS : TOWN OF EAST-HAMPTON.


poor for the use of the poor this town, and the other half for the person or persons who shall prosecute for the same to effect.


6th. That if any person or persons not inhabitants of this town or not having right in the commons of this town shall catch any clams in any of the bays, harbors, creeks or ponds belonging to this town, or shall take on board of any vessel or craft any clams that have been taken out of any of the bays, harbors, creeks or ponds belonging to the town, every person so offending shall, for every such offence, forfeit and pay the sum of five dollars and the further sum of one dollar per bushel for all clams caught or taken on board as aforesaid, unless such person or persons shall prove that they purchased them of some inhabitant or freeholder of this town, to be re- covered before any court having cognizance thereof, by any person or persons who shall prosecute for the same, the one half to be paid to the overseers of the poor for the use of the poor of this town and the other half for the person or persons who shall prosecute for the same to effect.


7th. That the trustees hire out the pews in the meeting house for one year by wa of public vendue and appropriate the avails thereof towards the payment of Mr. Beecher's salary.


Sth. That no person or persons not inhabitants of this town shall get and carry any seaweed from any of the beach- es or common land belonging to this town without liberty from the trustees, under the penalty of one dollar per load, to be sued for, recovered and appropriated by the trustees in such manner as they shall think proper.


9th. That if any person or persons shall rake, pick or in any other way gather any cranberries on any of the land or meadow belonging to this town, at any time be- fore the twentieth day of September next at sunrise, every person so offending shall forfeit and pay the sum of one


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REOCRDS : TOWN OF EAST-HAMPTON.


dollar per bushel for every such offence, and in the same pro- portion for a greater or less quantity to be recovered, with costs of suit, before any cognizance thereof by any person or persons who shall prosecute for the same, the one half of all which forfeitures, when recovered, to be paid to the overseers of the poor for the use of the poor of this town, and the other half to the person or persons who shall prosecute for the same to effect.


10th. That horses shall not be allowed to lay on the com- mons, Napeague or the beaches in the winter season from the time that the common stock are brought from Montauk in the fall of the year until they are allowed to go to Montauk in the spring, and that all horse kind that shall be found run- ning at large on the commons, Napeague or beaches belong- ing to this town in the time of year above mentioned, shall be liable to be pounded, the owner or owners to pay fifty cents for each horse kind so impounded.


11th. That if any person or persons not inhabitants or free- holders of this town shall draw any seine for the purpose of catching any fish in any of the bays, harbors, creeks or ponds belonging to this town, every person so offending shall, for every such offence, forfeit and pay the sum of ten dollars, to be recovered before any court having cognizance thereof, the one half of said forfeiture to go to the person who shall prose cute for the same to effect, and the other half to be paid to the overseers of the poor for the support of the poor of this town, and also that if any person or persons not inhabitants or free- holders, as abovesaid, shall take any shell-fish called horsefeet, from any of the bays, harbors, creeks, beaches or ponds be- longing to this town, every person so offending shall forfeit and pay the sum of ten dollars, to be recovered and applied, as aforesaid.


12th. That no fish shall be caught in the pond called Wain- scott pond, or in the pond called Lillie pond for the term of


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RECORDS: TOWN OF EAST-HAMPTON.


one year from the date hereof, and that every person who shall catch any fish in either of said ponds during the term afore- said, shall forfeit the sum of two dollars for every such offence to be recovered before any court having cognizance thereof, the one half of said forfeitures to go to the person who shall prosecute for the same, and the other half for the support of the poor of this town.


13th. That no person not an inhabitant or freeholder of this town shall shoot any sort of wild fowl in this town for the term of one year from the date hereof, and that every person who shall shoot any sort of wild fowl as aforesaid, shall forfeit and pay the sum of five dollars for every such offence to be recovered before any court having cognizance thereof, the one half of said forfeitures to go to the person who shall prosecute for the same to effect, and the other half for the support of the poor of this town.


14th. That the fees of the fence viewers shall be twenty- five cents for their judgement and six cents for every hour they shall attend to the business.


15th. That no person or persons shall draw any seine for the purpose of catching any fish in the pond called Hook pond or in the cove at Georgica, from the flat against Seth Barns' point to the end of said cove for the term of one year from the date hereof, and that every person who shall offend as aforesaid, shall, for every such offence, forfeit and pay the sum of ten dollars, to be recovered before any court having cognizance thereof, by any person or persons who shall prose- cute for the same, the one half of said forfeitures, when re- covered, to go to the person or persons who shall prosecute for the same to effect, and the other half for the support of the poor of this town.


16th. That whereas sundry persons have made a practice of heaping up seaweed on the shores and beaches in this town and claiming it as their own, which occasioned frequent dis-


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RECORDS : TOWN OF EAST-HAMPTON.


putes, therefore, voted that no person shall be entitled to any seaweed or sea drifts until he gets possession by carting it off the beach.


17th. Whereas a dispute now exists between the towns of Southampton and East-Hampton with respect to paying rates and excise on some buildings at Sag-Harbor, intersected by the boundary line between the said town, therefore voted that the trustees of this town choose a committee to confer with a committee from Southampton, if any are or shall be appointed, and to compromise and settle said dispute.


I8th. That Jacob Osborn may improve the meadow against his land at Georgica beach.


Book G, page 181 .- I, Nathaniel Hand, of East-Hampton, in the county of Suffolk and State of New-York, Esquire, do hereby certify that a female negro child named Ackie, was born on the twelfth day of September, in the year one thous- and eight hundred and five, and that the mother of said child is held as a slave by me.


Dated the 26th day of May, A. D., 1806, by NATHANIEL HAND.


Recorded the 29th day of May, 1806, by ABRAHAM MILLER, Town Clerk.


Marks 65 .- David Mulford enters for his ear mark a crop on the left ear and an ell the under side of the right ear, which mark belonged to and was given by his father major David Mulford, deceased. Recorded the 31st day of May, 1806 by ABRAHAM MILLER, Town Clerk.


Book H, page 17 .- At a meeting of the proprietors of Montauk, duly warned and held at the meeting house in East- Hampton, on Wednesday, the 17th day of September, 1806,


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RECORDS: TOWN OF EAST-HAMPTON.


Abraham Miller was chosen moderator and Jeremiah Miller clerk of said meeting. Whereas it is represented to the pro- prietors of Montauk by the trustees of East-Hampton who have the management of said land of Montauk that certein proposals have been made to them by the Montauk Indians by a Mr. Ludlow and thatthe proposals were that the proprietors should give them to improve them and their posterity forever the north neck and half the hither woods, and in so doing they to give up all other claims and to withdraw their petition and the said trustees having thought proper to call a proprie- tors' meeting this day, in reference to this and other business, and the proprietors having duly considered said proposal, and knowing as they do that themselves and their ancestors have owned the whole of the land of Montauk for more than one hundred years by several deeds duly executed by the original Indian owners for a valuable considerations paid them, which deeds were duly confirmed by the several governors of thethen province of New York, and knowing that what privileges the Indians now hold is by our sufference, and by virtue of an agreement jointly made in the year 1702-3, by our ancestors and thirty-two of said Montauk Indians, in their own name and in behalf of the whole tribe which agreement on our part has been faithfully fulfilled and the present proposal of having about three thousand acres of our land, viz : the north neck and half the hither woods, being unreasonable, therefore voted, unanimously, that (although we are ready as we always have been to compromise in a fair manner any disputes in reference to the Indians or any others) that we will not agree to such proposal of giving the Indians the said tract of land, but we will defend our title to the same in law and equity, and the trusteesof the town of East Hampton for the time being are hereby directed to defend the same at the proper charge of the said proprietors, and the sum of two thousand dollars is here- by directed to be raised by them in such manner as they shall


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RECORDS: TOWN OF EAST-HAMPTON.


judge most proper, or so much of the same as may be neces- sary to defend in the law the proprietors' title to the said land, and to prosecute at law any trespasses and intrusions that have beon or may be made by the said Indians, or any other persons whatsoever, on our property, and the said trus- tees are hereby invested by us with full power and authority to do in the name of the proprietors of Montauk, whatever they may judge necessary in the above premises.


Recorded by


ABRAHAM MILLER, Town Clerk.


Marks, page 66 .- Augustus Bennett enters for his ear mark a half penny on each side of left ear and a nick on the under side of the right ear. Recorded the 27th day of September, 1806, by




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