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 36
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3. Voted that any fence equal to two rails with posts, that are three feet eight inches high in the clear, shall be consid- ered a sufficient fence.
4th. Voted that the same number of pews and slips be hired out the ensuing year as were the last, and the money arising for the rent of the same be appropriated to defray the necessary expenses of the meeting house, and the overplus towards the payment of the clergyman's salary.
5th. Voted that the front slip on the south side of the house be reserved for the accommodation of Mr. Ely and his family.
6th. Voted that the Messrs. Hunttings have liberty to oc-
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RECORDS : TOWN OF EAST-HAMPTON.
cupy the 41st slip, on the south side of the house, as a com- pensation for their services in singing.
7th. Voted that if any person or persons shall keep any flock of sheep or suffer their sheep to be on the commons of this town at any time during the year ensuing, all such sheep shall be liable to be impounded, the owner or owners of the same to pay two shillings per head for each sheep so im- pounded, Wainscott flock excepted, and that to be under the care of a shepherd approved of by the trustees.
Sth. Voted that all horses and neat cattle that shall be found grazing or running at large on Napeague or any of the beaches on the south side, from the hither end of Montauk to the western bounds of this town at any time between the 6th day of May next ensuing, and the 12th day of September following, shall be liable to be impounded provided there be a sufficient fence, the owner of such cattle or horses to pay fifty cents per head for all such neat cattle or horses so im- pounded.
9th. Voted that no cattle be permitted to run at large on the commons of this town from the time they are brought from Montauk in the fall or winter, until they go on again in the spring, under the penalty of one dollar per head for all such cattle to be recovered, with cost of suit, by the super- visor ; the one half to be paid to the complainant when re- covered, and the other half to the support of the poor of this town.
10th. Voted that the trustees manage the parsonage lands for the year ensuing.
11th. Voted that the trustees have full authority to defend the sea weed on Benjamin Leek's beach, &c.
12th. Voted that the supervisor be authorized to use his efforts at the meeting of the board of supervisors to introduce the county poor system for this town, and to make all the poor in this county a county charge.
.
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RECORDS: TOWN OF EAST-HAMPTON.
13th. Voted that the money in the hands of the supervisor, arising from the sale of Cedar Island, be appropriated, as much of it as necessary, to the contingent expenses of the town.
14th. Voted that the supervisor be authorized to loan the public money in his care, to the parish if requested.
15th. Voted that the trustees have full power to defend the sea weed on Long Beach and to retain the privilege of carting sea weed as heretofore.
16th. Voted that three per cent be allowed the collector as his compensation for collecting.
Adjourned to meet again on the first Tuesday in April, 1840, at the meeting house in this town, at 12 o'clock, noon.
We, the subscribers, certify that the foregoing minutes of the annual town meeting held on the 2d day of April, 1839, are correct.
DAVID H. MILLER, SAMUEL B. GARDINER, JOSIAH C. DAYTON.
DAVID BAKER, JR., Town Clerk.
Justices.
Loose leaf, book G, page 212.
SURVEYOR GENERAL'S OFFICE, ALBANY, Jan. 15, 1840.
DAVID HEDGES, JR., EsQ., Supervisor, &c. :
DEAR SIR: After a confinement to my room for several days by sickness, I have this day got into my office again, and I now forward to you, as I promised, a copy of the de- termination of the dispute respecting the line of division be- tween Southampton and East-Hampton.
Copy, &c.
528
RECORDS: TOWN OF EAST-HAMPTON.
Whereas a dispute having arisen between the officers of the towns of Southampton and East-Hampton, in the County of Suffolk and State of New-York, respecting that part of the bounds of said town, which constitute the dividing line be- tween them, and said dispute having been represented to me by the officers of the town of Southampton, whereof notice was by me given to the officers of the town of East-Hamp- ton, and a surveyor, (to wit) Edwin Rose, was by me ap- pointed, with instructions to survey said dividing line and ascertain its true place on the ground, report his doings in this matter to me, and a day having been fixed for receiving and hearing the allegations and proofs of the parties in this dispute ; and such allegations and proofs, together with the report of the said surveyor, embracing a map and description of said line according to the survey executed, pursuant to the appointment and instructions aforesaid, and verified by the affidavit of the said surveyor, made before Hugh Halsey, Esq., first Judge of the County Court of said county, and dated November the 30th, 1839, having been received and examined by me.
Now therefore, pursuant to authority on me conferred by Section 5th, of title 6th, of chapter 8th, of part 1st of the Revised Statutes of the State of New-York, I do hereby de- termine and declare that the line heretofore usually known and recognized as the line of division between the said towns, which line is laid down on the map aforesaid, now on file in this office, a copy of which is hereto annexed, described and designated thereon by the letters A. B. C. D. E. F. G. H. I. L. O. O., and by the cross or mark X is the line intended and established by law as the true line of division between the said town of Southampton and East-Hampton.
"Done at the office of the Surveyor General of the State of New-York, this first day of January in the year of our Lord, 1840, by me,
O. L. HOLLY, Surveyor General.
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RECORDS: TOWN OF EAST-HAMPTON.
"Such is the determination, having the map annexed, as filed by me in the office of the Secretary of State in obedience to the statute on this subject."
The determination was placed on the plain and settled principle that long usage had settled the place of the line, by furnishing a practical interpretation of the description of the bounds of these town, aided by the fact that the line as now settled, agrees with the wording of those descriptions as well as any other location of the line.
This fact will appear plain by a mere inspection of that wording, which is as follows, to wit; "The town of East- Hampton shall contain all that part of said County, (namely Suffolk County) called East-Hampton, including Montauk and the Isle of Wight, now called Gardiner's Island. So the de- scription of Southampton ruus thus, "The town of South- ampton shall contain all that part of said County (of Suffolk) called and known by the name of Southampton, including Bridge- Hampton heretofore called Saggaboneck and Mecox. It is clear from these descriptions that it was assumed, in adopting the wording of them, that the bounds of the towns were well known and already recognized as perfectly estab- lished ; and as the law expressly provides (R. S. Vol. 3 page 134, 2d ed section 57, title 4, chap. 2 h p1)that the assignment of the bounds of towns, as civil corporations, shall not affect private title or the bounds of patents, so the determination in this case is unembarassed by any of the delicate questions connected with titles to real estate. Such is a brief view of the grounds on which the determination of this dispute has been made.
Very respectfully your obt. servant.
O. L. HOLLY, Surveyor General."
"Recorded this 2d day of February, eighteen Hundred and forty-one by
CHARLES H. MILLER,
Supervisor of the town of East-Hampton.
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RECORDS : TOWN OF EAST-HAMPTON.
P. S. As I have received no line from you since my letter informing you of my decision, I take it for granted that you have a copy of the surveyor's map, and therefore I do not make a copy of the one sent here to be filed. If you should ever want such a copy however, it can be had by writing for it to me or to the Secretary of State.
NOTE .-- Then follows a certified copy of a map of said di- vision line, which map is filed in the office of the Surveyor General of the State of New-York, and it seems unnecessary to reproduce a copy in this work. J. S. O.
Book K, page 14 .- At the annual town meeting, held at the meeting house in the town of East-Hampton, on the 7th day of April, 1840, the town officers were chosen, and the town laws were passed as follows, viz :
David Baker, Jr., was chosen town clerk.
Charles H. Miller, supervisor.
Sylvanus Jones, justice of the peace.
Josiah C. Dayton, David H. Miller, Jeremiah Dayton, Jonathan B. Mulford, Elisha H. Conklin, assessors.
David Huntting, Isaac Edwards, overseers of the poor.
Theron A. Filer, collector.
Theron A. Filer, Jared Cook, constables.
Sylvanus Parsons. Charles Dimon, Hiram L. Sherry, com- missioners of highways.
George L. Huntington, Eleazer M. Conklin, Samuel B. Gardiner, commissioners of common schools.
Samnel R. Ely, David Hedges, Jr., Stephen L. Hedges, in- spectors of common schools.
Jeremiah Conklin, Josiah C. Dayton, Samuel B. Gardiner, Thomas T. Hedges, David Hedges, Jr., Sylvanus Parsons, Isaac Edwards, Jeremiah Dayton, Jonathan B. Mulford, Henry P. Miller, Henry D. Stratton, trustees.
Stephen Conklin, David Lester, pound masters.
LesterBennett's yard voted public pound.
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RECORDS : TOWN OF EAST-HAMPTON.
Jared Cook, George Hand, Samuel G . Mulford, Charles H. Miller, Henry Bennett, A. D. Candy, George Baker, David A. Edwards, Sidney H. Stratton, Alfred Ranger, Jonathan Miller, Jr., overseerseers of highways.
.1st. Voted that the sum of twelve hundred dollars be raised for the support of the poor in this town for the year ensuing, and seventy-five dollars for the contingent expenses of the town.
2d. Voted that the public meadow grass and the Jeremiah Loper, Montauk, be hired out the day that the pews and slips are, and the money arising for the same be paid to the supervisor on the 1st Mor.day of Sept. next.
3d. Voted that any fence eqnal to two rails with posts that are three feet, eight inches high in the clear shall be considered a sufficient fence.
4th. Voted that the same number of pews and slips be hired out the ensuing year as were the last, and the money arising for the rent of the same be appropriated to defray the necessary expenses of the meeting house, and the overplus towards the payment of the clergyman's salary.
Adjourned to meet at the meeting house on the 1st. Tues- day in April, 1S41, at !2 o'clock, noon.
We, the undersigned, certify that the foregoing minutes of the annual town meeting, held on the 7th day of April, 1840, are correct.
DAVID H. MILLER, JOSIAH C. DAYTON. Justices.
DAVID BAKER, JR., Town Clerk.
Page 15 .- 5th. Voted that the slip No. 32 on the south side of the meeting house be reserved for the accommodation of Mr. Ely and his family.
532
RECORDS: TOWN OF EAST-HAMPTON.
6th. Voted that the trustees procure a chorister to take the lead of singing in church for the year ensuing.
7th. Voted that if any person or persons shall keep any flock of sheep or suffer their sheep to be on the commons of this town at any time during the year ensuing, all such sheep shall be liable to be impounded. the owner or owners of the same to pay two shillings per head for each sheep so im- pounded, Wainscott flock excepted, and that to be under the care of a shepherd approved by the trustees.
Sth. Voted that all horses and neat cattle that shall be found grazing or running at large on Napeague or any of the beaches on the south side, from the hither end of Montauk to the western bounds of this town at any time between the 6th day of May next ensuing, and the 12th day of September following, shall be liable to be impounded, provided there be a sufficient fence, the owner of such horses or cattle to pay fifty cents per head for all such neat cattle or horses so im- pounded.
9th. Voted that no cattle be permitted to run at large on the commons of this town from the time they are brought from Montauk in the fall or winter until they go on again in the spring, under the penalty of one dollar per head for all such cattle, to be recovered, with cost of suit, by the super- visor, the one half to be paid to the complainant, when re- covered, and the other half to the support of the poor of this town.
10th. Voted that the trustees manage the parsonage lands and affairs for the year ensuing.
11th. Voted that the trustees have full authority to defend the sea weed on Benjamin Leek's beach, also to make a prop- osition to Mr. William D. Parsons, giving him all the seaweed on the inside of the beach, and reserve for the town all the sea weed on the outside or bay side of said beach.
12th. Voted that thetrustees have full power to defend the
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RECORDS : TOWN OF EAST-HAMPTON.
sea weed on Long Beach and to retain the privilege of cart- iug sea weed as heretofore.
13th. Voted that the trustees be authorized to purchase a house and land for the accommodation of this town's poor, also to procure a superintendent of the same.
14th. Voted that three per cent be allowed the town col- lector as his compensation for collecting.
15th. Voted that the board of auditors be a committee to advise with the supervisor, respecting the payment of the bill presented for running the division line between this and Southampton town, and that the supervisor be authorized to hire money to pay the same, if allowed ; also to get a plot of the line, and with the supervisor of Southampton, to procure monuments to place on said line.
16th. Voted that the whole amount due from the parish for the parsonage house, and six months' salary of the Rev. Mr. Ely, be levied on the taxable property of this town and collected by the town collector.
Book E, page 109 .- Taken up by Jonathan Osborn on the day of November, 1840, a red two year old heifer marked with a slit in the left ear. Recorded 23d, 1840, by DAVID BAKER, JR., Town Clerk.
108 .- Richard Lester, of Bridge-Hampton, enters for his ear mark a crop at the left ear a slope under the same and half penny under the right ear. Recorded Jan. 5th, 1841, by DAVID BAKER, JR., Town Clerk.
Richard Lester, of Bridge-Hampton, enters for his son George L. Lester, the following ear mark, viz : a crop at the left ear, a slope under the same, and a nick under the right ear. Recorded January 15th, 1841, by
DAVID BAKER, JR., Town Clerk.
534
RECORDS: TOWN OF EAST-HAMPTON.
Page 16 .- At the annual town meeting, held at the meet- ing house in the town of East-Hampton, on the 6th day of April, 1841, the town officers were chosen and the town laws were passed as follows :
David Baker, Jr., was elected town clerk.
Charles H. Miller was elected supervisor.
Josiah C. Dayton, justice of the peace.
Lewis Edwards, Stephen Hedges, John Baker, William Hedges, David Hedges, Jr., assessors.
David Huntting, Isaac Edwards, overseers of the poor.
William Parsons, collector.
William Parsons, Theron A. Filer, constables.
Thomas Osborn, David Hedges, Jr., Isaac B. Miller, com- missioners of highways.
George L. Huntington, Henry B. Tuthill, Samuel B. Gar- diner, commissioners of common schools.
Samuel R. Ely, Stephen L. Hedges, David H. Huntting, inspectors of common schools.
Silvester D. Ranger, William L. Osborn, David H. Miller, William Baker, Schuyler R. Conklin, Smith Miller, David H. Huntting, Jeremiah J. Mulford. Abner Strong, Charles R. Hand. David Barnes, John T. Dayton, trustees.
David D. Parsons, Alben D. Schellinger, Edmund Tilling- hast, Asa Miller, Theron A. Filer, Harvey Osborn, Abraham V. Scoy, Abner Strong, Lester Bennet, Isaac S. V. Scoy, path masters.
Stephen Conklin, pound master.
1st. Voted that the sum of eleven hundred dollars be raised for the support of the poor, and one hundred and fifty dollars for the contingent expenses for the year ensuing.
2d Voted that the public grass and Jeremiah Loper's Mon- tauk, be hired out this day at auction and the money be paid for the same on or before the first day in September next to the supervisor.
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RECORDS : TOWN OF EAST-HMPN N.
3d. Passed as it was last year.
4th. Passed as before.
5th. Passed as before.
6th. Passed as before.
7th. That if any person or persons shall keep any flock of sheep or suffer their sheep to run on the commons of this town at any time during the year ensuing, all such sheep shall be liable to be impounded, the owner or owners of the same to pay two shillings per head for each sheep so impounded.
8th. Voted that all horses &c as in 1840.
9th. Passed as in 1840.
10th. Passed as in 1840.
11th. Passed as in 1340.
12th. Passed as in 1840.
13th. Passed as iu 1840.
14th. Passed as in 1840.
15th. Voted the trustees be authorized to sell the wood on the parsonage lot at Grassy Hollow, or the parsonage wood land at Three Mile Harbor for the purpose of paying the debts against the parish, exclusive of the minister's salary.
16th. Voted that it be left discretionary with the trustees as a committee, to deciede in what manner funds may be raised, sufficient to pay the ministerial debt.
Adjourned to meet at the meeting house, on the first Tues- day in April, 1842, at 12 o'clock, noon.
We, the undersigned, do hereby certify that the foregoing minutes of the annual town meeting held on the 6th day of April, 1841, are correct.
DAVID H. MILLER, SILVANUS JONES. Justices.
DAVID BAKER, Jr., Town Clerk. -
Voted By the proprietors of Montauk, that the trustees manage the Montauk affairs the year ensuing.
536
RECORDS: TOWN OF EAST-HAMPTON.
Marks, 108 .- Mulford Osborne enters for his ear mark a crop at the right ear, a slope under the same and a half pen- ny under the left. Recorded April 26th, 1841,
DAVID BAKER, JR., Town Clerk
David Lester, Jr., enters for his son David T. Lester's ear mark a crop at the right ear a slope under the same and a nick under the left. Recorded May 19th, 1841,
DAVID BAKER, JR. Town Clerk.
George Baker enters for his ear mark a crop at the left ear and a half penny over the same and a hole through the right. Recorded Feby. 28th, 1842,
DAVID BAKER, JR. Town Clerk.
Schuyler R. Conklin enters for his son George E. Conklin, the following ear mark, viz : a half penny under the left and a nick under the right. Recorded Aug. 10. 1841,
DAVID BAKER, Jr., Town Clerk.
Book G, page 213 .- At a meeting of the commissioners of highways in the village of Sag-Harbor, town of East-Hampton and county of Suffolk, at the office of Fred'k W. Lord, in said village, on the 6th day of May, 1841, all the said com- missioners having met and deliberated on the subject of this order, it is ordered and determined by the said commissioners that the highways hereinafter enummerated be altered and laid out according to the following survey which the commis- sioners have caused to be made thereof, as follows, to wit :
East Water Street (so called) from stone placed in centre line of north Division St. 0 chain 24 links south of the stone, at the intersection of the centre line of north Division street and the south side of the west end of East Water street, south 61 deg. 45 min., east is the course of a south line of a three
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RECORDS : TOWN OF EAST-HAMPTON.
rod highway extending easterly as far as the hill near Jere- miah Mulford.
Division street, commencing at red stone in town line near Aaron Clark's house, north 214, west to south line of Union street, distance 3.25 chains to centre line of Sage street, 3.61 chains, to north line of Sage street, 9.89₺ chains to stone in town line at its intersection with the centre line of Washing- ton street, north 58} deg. west along centre line of Washing- ton, 3.36 chains to stone in centre line of Washington, at its intersection with the east side of Church St. Division street north of Washington, commencing at stone on town line at its intersection with centre line of Washington street, north 214 deg. west to stone in front of Herman D. Sayres' at angle in centre line of north Division street. Di- vision street course ; north 14 west along the centre line of north Division st., 1.12 chain to centre of Rector street, 9.87 chains to stone on the south side of west end of East Water street.
Hampton street, commencing at a red stone in the town line in front of Aaron Clark's, south 3S deg. 40 min., east 2.23 chains to Eden Latham's and David Smith's, south 472 deg. east 1.23} chain from Eden Latham's north east corner to angle on south side of Hampton St, south 862 east 1.25 chain from same point, to the south west corner of Mrs. Mulford's dooryard wall, north 37 deg. east from same point to angle on north side of Hampton 8t., at division line between David Smith and Ahira Hand. Hampton St., course south 644 deg. east from south west corner of Mrs. Mulford's stone wall of her door yard fence along north side of Hampton street, 1.95 chains to west side of St., 2.78₺ chains to east side of St., 6.14₺ chains to south west corner of Francis D. Overton's yard wall Hampton St., 0.96 chains wide opposite Mrs. Mulford's,south west corner of door yard, 93 links do. do., south west corner of Overton's yard south 67 deg. 50 min. east, 6.66 chains.
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RECORDS : TOWN OF EAST-HAMPTON.
From angle at souutheast corner of Charles Deering's door yard. Hampton street, opposite Deering's, is 4 rods wide, south 672, east 6.84 chains to angle on north side of street, width of street 0.92 chain, south 782, east 1.95 chain to angle on north side of street near Thomas Corey's, 0.89 chain distance across to Corey's fence, north 888 deg., east 1.20 chain to angle on north side of street, 4 rods wide.
FRED'K. W. LORD, DANIEL T. BELLGWS, JOHN HILDRETH.
Commissioners of highways.
Recosded this 15th day of June, one thousand eight hund- red and forty-one,
DAVID BAKER, JR. Town Clerk.
Book K, page 172 .- At the annual town meeting held at the meeting house, in the town of East-Hampton, on the 5th day of April, in the year 1842, the town officers were elected and the town laws were passed as follows. viz :
David Baker, Jr., was elected town clerk.
Charles H. Miller, supervisor.
Henry B. Tuthill, justice of the peace.
John T. Dayton, Eli Parsons, Nathaniel Huntting, Henry D. Stratton. Samnel T. King, assessors.
David H. Huntting, Issac Edwards, overseers of the poor.
William Parsons, collector.
William Parsons, Jared Cook, constables.
Samuel R. Ely, Abel Huntington, inspectors of common schools.
Samuel D. Gardiner, Eleazer M. Conklin, Geo. L. Hunt- ington, commissioners of common schools.
David H. Miller, Jeremiah Dayton, David A. Edwards, commissioners of highways.
George S. Miller, Jeremiah Conklin, Samuel B. Gardiner,
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RECORDS: TOWN OF EAST-HAMPTON.
Isaac Edwards, David A. Edwards, Daniel Dayton, Josiah C. Dayton, Jeremiah Dayton, Abraham V. Scoy, Charles Barnes, Stephen L. Hedges, Isaac S. Osborn, trustees.
Nathaniel Huntting, Jeremiah Terry, Schuyler R. Conklin, Albert Hand, John T. Dayton, Jeremiah T. Parsons, Thomas B. Hand, Abraham Parsons, Jr., David A. Edwards, Charles Dimon, Jonathan Miller, Jr., overseers of highways.
Stephen Conklin, Albert Hand, Aaron F. Conklin, pound masters.
Albert Hand's and Nathaniel Hand's yards voted public pounds.
1st. Voted that the sum of one thousand dollars be raised for the support of the poor, and sixty dollars for the conting- ent expenses of this town for the year ensuing.
2d. Voted that the public grass and Jeremiah Loper's, Montauk, be hired out this day at auction, and the money be paid for the same on or before the 1st day of Sept. next, to the supervisor.
3d. Passed as in 1840.
4th. Passed as in 1840.
5th. Passed as in 1840.
6th. Passed as in 1840.
7th. Passed as in 1840.
8th. Voted that all horses or neat cattle that shall be found grazing or running at large on Napeague or any of the beaches on the south side from the hither end of Montauk, to the western bounds of this town, at any time between the 6th day of May next and the 12th day of September shall be liable to be impounded, provided there be a sufficient fence, the owner of such horses or cattle to pay fifty cents per head for all such horses or neat cattle so impounded, the whole of the money to go to the person impounding said cattle or horses.
9th. Voted that all horses or neat cattle that shall be found .
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RECORDS: TOWN OF EAST-HAMPTON.
running at large on the commons of this town from the time they are brought from Montauk, in the fall until they go on again in the spring, shall be liable to be impounded, the owner or owners of all such horses or cattle to pay one dollar per head, to be recovered, with cost of suit, by the supervisor.
The condition of this vote is such that horses are not pro- hibited from running at large on Napeague as usual ; one half of the money to be paid to complainant, the other half to the overseers of the poor.
10th. Voted the trustees manage the parsonage lands and affairs for the year ensuing.
11th. Passed as iu 1840-1.
12th. Passed as in 1840-2.
13th. Passed as in 1840-3.
14th. Passed as in 1840-4.
15th. Passed as in 1841-5
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