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 V > Part 2
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Voted-That all sheep found grazing or running at large on any of the streets, highways, common lands or town commons of this town at any time during the year ensuing, shall be liable to be impounded, the owner or owners of such sheep to pay one dollar per head for every sheep so impounded, to be recovered with cost of suit in any court having cognizance there- of by the person or persons impounding such sheep who shall be entitled to the whole of the money when so recovered.
Voted-That all horses or neat cattle that shall be found running at large on any of 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 one half of the money to be paid to the complainant and the other half to the overseers of the poor for the benefit of this town poor.
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 the town at any time between the 6th day of May next and the 12th day of September ensuing, shall be liable to be impounded, provided there be a sufficient fence; the owner or owners of such horses or neat cattle to pay fifty cents per head for each horse or neat beast so im-
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pounded, the whole of the money to go to the person or persons impounding such horses or cattle.
Voted-That no person shall be entitled to seaweed or drift in consequence of heaping it on any of the shores of this town.
Voted-That no person or persons shall rake, pick or gather any cranberries on any of the lands or mead- ows belonging to this town at any time before the 2d Monday of September next at sun rise, and that every person so offending shall forfeit the sum of ten dollars for every such offense and the further sum of four dollars per bushel, or at that rate for a smaller quan- tity, for all cranberries so gathered, to be recovered with cost of suit before any court having cognizance thereof, which forfeiture when so recovered to belong to the person who shall prosecute for the same, and the trustees of the town be particularly instructed to carry this motion into effect.
Voted-That no person or persons not inhabitants of this town shall be permitted to rake, pick or gather any cranberries or beach plums on any of the lands, beaches or meadows belonging to this town, and that every person so offending shall forfeit ten dollars for every such offense, and the further sum of four doi- lars per bushel, and at that rate for a less quantity, of cranberries or beach plums so gathered; to be re- covered with cost of suit before any court having cog- nizance thereof, which forfeiture, when recovered, to belong to the person or persons who shall prosecute for the same.
Voted-That no person shall be allowed to turn out or allow any stone horse over one year old to run at
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large at any time during the year ensuing under ten dollars for every such offense.
Voted-That the trustees of the town be instructed to collect all the money due the town and to pay it over to the Overseers of the Poor.
Voted-That the Overseers of the Poor be instruct- ed to call upon the Trustees of the Freeholders and Commonality of the town of East-Hampton for all moneys by them collected belonging to the town, un- der the vote passed at the annual town meeting held April 2nd, 1850, and in case of the refusal of the said Trustees to pay said moneys, the said Overseers of the Poor are hereby instructed to proceed against them legally for the collection of the same, and to pay the expenses for the said prosecution out of any moneys that may come into their hands as Overseers of the Poor.
Voted that the above resolutions be adopted.
Adjourned to the first Tuesday of April, 1853, at the meeting house at 12 o'clock, noon.
DAVID BAKER, Town Clerk. DAVID B. VAN SCOY, J. MADISON HUNTTING, HENRY B. TUTHILL, Justices of the Peace.
Book of Ear Marks, Page 117 .- Squires H. Miller enters for his ear mark a hole through the right ear and a halfpenny under the left.
Recorded April 23rd, 1852.
DAVID BAKER, Clerk.
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RECORDS: TOWN OF EAST-HAMPTON.
John S. Osborne, of Bridge Hampton, enters for his ear mark a square yew under the right ear.
Recorded May 12th, 1852.
DAVID BAKER, Clerk.
Book K, Page 40 .- At a special town meeting call- ed by the Town Clerk upon the application of twelve or more persons eligible to the office of Supervisor, for the purpose of deliberating in regard to a suit now pending between the town of East-Hampton and E. Lewis Simons, and also to adopt means to raise funds to satisfy demands against said town, and held pursuant to special notice at the meeting house on the 27th day of May, 1852.
Resolved, That the Trustees of the Freeholders and Commonality of the town of East-Hampton be in- structed to stay all legal proceedings against E. Lewis Simons and pay the cost and deliver up the notes which they hold against the said Simons, to him or his attorney, upon condition that he will convey back to the said trustees a certain water lot at Sag-Harbor which he, the said E. Lewis Simons, purchased of the said trustees.
Resolved, That the Trustees of the Freeholders and Commonality of the town of East-Hampton be in- structed forthwith to collect the money due the town from Mr. Isaac B. Miller, for the hire of the In- dian highway, and appropriate the money or as much thereof as necessary to the payment of the cost of the suit pending between the said Trustees and E. Lewis Simons.
Resolved, That the clerk of the Trustees be request- ed to inform the meeting of the amount of the indebt-
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edness of the town on account of the law suit between the Trustees and the proprietors of Montauk.
Resolved, That the Supervisor be authorized and instructed to advance a sum of money on the credit of the town sufficient to pay the cost of the law suit be- tween E. Lewis Simons and the Trustees.
Adjourned to the first Tuesday of April, 1853, at 12 o'clock noon.
DAVID BAKER, Town Clerk. DAVID B. V. SCOY, HENRY B. TUTHILL, J. MADISON HUNTTING, Justices.
Book G, Page 232 .- At a meeting of the Commis- sioners of Highways of the town of East-Hampton, in the County of Suffolk, held in the said town on the 25th day of June, 1852, for the purpose of deciding on the application of Hiram L. Sherry, William Hedges, Ezekiel H. House, William Mulford, Stephen Hedges, Stephen Sherrill, Silvanus Jones, Uriah Mil- ler, George L. Miller, Nathan C. Barnes, Albert L. Hedges, Nathaniel Domin and Charles Osborne for laying out two highways (one of which passing through the improved land of Jeremiah Dayton, and Jeremiah Lester, and the other through the improved land of John M. Huntting), which the above named reputable freeholders of the said town upon oath have duly certified that it was necessary and proper to lay out; all the said Commissioners having met and deliberated on the subject embraced in this order, and due notice of the time and place of the said meeting
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having been given to the said Jeremiah Dayton, Jere miah Lester and John M. Huntting.
It is ordered and determined by the said Commis- sioners that the said highways be laid out pursuant to the said application, one of the said highways run- ning from the highway called Furtherland to the ocean, through the undivided improved land of Jere- miah Dayton and Jeremiah Lester, near the two-mile- hollow, to wit: Commencing at a stake marked 1 in map, which stake bears from the east corner of Capt. Isaac B. Miller's Two-Mile-Hollow marked A in map, south 432 W. Dist., 1 chain 67 links and is distant from the west course of Jonathan Osborn's, Jr., Two-Mile- Hollow 373 links, which west corner is marked 13 in map, and running thence through the improved land of Jeremiah Dayton and Jeremiah Lester three rods in width to a stake at southeast end of said lands marked 2 in map on a course S. 27₺ E. Dist. 1,967 chains; thence on the same course to the beach to the high water mark, a distance of 9 chains, to be twelve rods in width. The land of Jeremiah Dayton and Jeremiah Lester taken for said highway being one acre and two rods.
The other of said highways running from the south- ern angle of the highway or common land behind the Hook Pond, through the land of John M. Huntting to the Atlantic Ocean, to wit: the centre line of said highway beginning at stake marked 4 in map, which stake bears from the Southwest end of Stephen Hedges' meadow ditch, marked A in map, south 41 West Dist., 8.47 chains, and running thence south 273 east 14.55 chains, and three rods wide, through the land of John M. Huntting to a stake at the southeast
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end of said land, marked 5 in map; thence on the same course twelve rods in width a distance of three chains to a stake at high water mark, marked C in map. The land of John M. Huntting taken for said highway be- ing one acre and fourteen rods. The Commissioners also laid out at the same time, with the consent and by agreement with Jonathan Osborne, Jr., from the west corner of his lot behind the pond, a triangular piece of land, containing about 3 square rods, repre- sented in map by the figures 1, 2 and 3, to the highway to open into the above described. And it is further ordered that the line above described shall be the cen- tre of the said highway.
In witness whereof the said Commissioners have hereunto subscribed their names the second day of July, 1852.
JONATHAN C. SCHELLINGER, THOMAS OSBORNE, THOMAS T. HEDGES, Commissioners of Highways.
Book K, Page 41 .- At the annual town meeting, held in the Town of East-Hampton on the 5th day of April, 1853, the town officers were elected and the town laws and resolutions were passed as follows:
John C. Hedges, elected Supervisor.
David Baker, elected Town Clerk.
David B. Van Scoy, Justice of the Peace.
Edward M. Cooper, Assessor.
Stephen L. Hedges, Com. of Highways.
William Mulford, Hiram L. Sherill, Overseers of the Poor.
George Hand, Collector.
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RECORDS: TOWN OF EAST-HAMPTON.
George Hand, John Homan, Constables.
Jason M. Terbell, George L. Huntington, Inspec- tors of Election for the First District. Isaac B. Mil- ler, appointed.
Charles T. Dering, Wickham S. Havens, elected, and James H. Price, appointed Inspectors of Election for the Second District.
Jonathan C. Schellinger, John Baker, elected, and Marcus B. Hand, appointed Inspectors of Election for the Third District.
Trustees.
Abraham Van Scoy, Abraham Parsons,
Thomas J. Mulford,
John Baker,
Josiah C. Dayton,
William L. Osborne,
Stephen Sherrill,
Daniel Dayton,
Jeremiah Huntting, David A. Hedges,
Edward Dayton,
James H. Topping.
Path Masters.
Isaac King,
Stephen Ranger,
Andrew Eldridge,
George Mulford,
Jeremiah Conklin,
Edmund Tillinghast,
Edward Dayton,
David A. Hedges, George Hedges.
John E. Parsons,
Stephen Conklin, Pound Master.
On motion resolved that the report of the Over- seers of the Poor as to the amount of money to be raised for the support of the poor for the year en- suing be accepted by the meeting.
Voted-That the sum of seven hundred and fifty dollars be raised for the support of the poor, and one hundred dollars for the contingent expenses of this town, for the year ensuing.
Voted-That the meadow grass belonging to the
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town and the Jeremiah Loper Montauk be hired out this day at auction, and the money arising from the grass be paid to the Supervisor, and the money for the Montauk to the Overseers of the Poor, on or before the 1se day of September next.
Voted-That any fence equal to two rails, with posts that is three feet eight inches high in the clear, shall be considered a sufficient fence.
Voted-That all sheep found grazing or running at large in this town at any time during the year en- suing, shall be liable to be impounded, the owner or owners of such sheep to pay fifty cents per head for every sheep so impounded, to be recovered with cost of suit in any court having cognizance thereof, by the person or persons impounding such sheep, who shall be entitled to the whole of the money when so recovered.
Voted-That all horses or neat cattle that shall be found running at large on any of the commons of this town from the time they are brought from Mon- tauk 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 Super- visor, the whole of the money to be paid to the com- plainant.
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 ensuing, shall be liable to be impounded, provided there be a sufficient
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fence, the owner or owners of such horses or neat cattle to pay fifty cents per head for each horse or neat beast so impounded, the whole of the money to go to the person or persons impounding such horses or neat cattle.
Voted-That no person shall be entitled to sea- weed or drift in consequence of heaping it on any of the shores of this town.
Voted-That no person or persons shall rake, pick or gather any cranberries on any of the lands or meadows belonging to this town at any time before the 2nd Monday of September next at sun rise, and that every person so offending shall forfeit the sum of ten dollars for every such offense, and the further sum of four dollars per bushel, or at that rate for a smaller quantity, for all cranberries so gathered; to be recovered with cost of suit before any court hav- ing cognizance thereof; which forfeiture, when so recovered, to belong to the person who shall prose- cute for the same, and the trustees of the town be particularly instructed to carry this motion into ef- fect.
Voted-That no person or persons not inhabitants of this town shall be permitted to rake, pick or gather any cranberries or beach plums on any of the lands, beaches or meadows belonging to this town, and that every person so offending shall forfeit ten dollars for every such offense, and the further sum of four dollars per bushel, and at that rate for a less quantity of cranberries or beach plums so gathered, to be recovered with cost of suit before any court having cognizance thereof, which forfeiture when so
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recovered to belong to the person or persons who shall prosecute for the same.
Voted-That no person shall be allowed to turn out or allow any stone horse over one year old to run at large at any time during the year ensuing un- der ten dollars for every such offense.
Voted-That the trustees be instructed to procure a legal opinion as to whether the town is held as a corporation for the debts contracted in the late suit with the proprietors of Montauk, and also as to the title to the seaweed at North West, and if so held, that the trustees be instructed to dispose of any or all of the common property of the town in such man- ner and at such times within the coming years as they shall think for the interest of the town, and to use the proceeds in payment of the debts contracted in the late suit with the proprietors of Montauk, said debt to be paid in the following order: first, the judg- ment in favor of the proprietors; second, the judg- ment in favor of Samuel L. Gardiner; third, counsel fees of Charles T. Connor; fourth, the notes against the town in the order of their dates, the oldest first; and that the trustees be authorized to borrow a sum not exceeding ($1,000) one thousand dollars, on the credit of the town, to defray the expenses of the said opinions and to defend any suit which may arise in which the trustees shall be a party.
Voted-That the Overseers of the Poor be instruct- ed to purchase a house and site for the accommoda- tion of this town poor, but not to exceed the amount of one thousand dollars in the purchase.
Mr. Nathaniel Huntting requested as a favor of this meeting that three impartial men from the adjoin-
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ing town might be appointed to investigate the legal title to the land at Long Hill commonly called com- mon land in 1830, and that their decision be binding on the parties.
On motion, resolved, that Mr. Huntting's request be accepted by the meeting.
Adjourned to the first Tuesday of April, A. D., 1854, at the meeting house, at 12 o'clock noon.
DAVID BAKER, Town Clerk.
DAVID B. V. SCOY, Justice. JOHN C. HEDGES, Justice. J. MADISON HUNTTING, Justice.
Ear Mark, Page 117 .- Sylvester D. Ranger enters for his son's David Dering Ranger's ear mark a half- penny each side of the left ear and a cropped Ell on the upper side of the right.
Recorded April 21st, 1853.
DAVID BAKER, Town Clerk.
Book G, Page 235 .- Whereas application has been made to us, the undersigned, Commissioners of High- ways for the Town of East-Hampton, in the County of Suffolk, to regulate a certain highway at Hand's Creek bushes, running from the Hand's Creek high- way to the old North West highway, and having re- viewed and examined the said highway, do deem it necessary and proper that the same should remain and continue as a public highway. Beginning at the highway leading to Hand's Creek and running west- erly along by and adjoining Paul Fithian's inclosed land until it comes into the old North West highway, the said highway to be and remain three rods wide
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the whole length of the same. And we, the commis- sioners do hereby authorize the Town Clerk of the said town to make a record hereof.
In witness whereof we have hereunto set our hands the 13th day of June, 1853.
JONATHAN C. SCHELLINGER, THOMAS OSBORNE, STEPHEN L. HEDGES,
Com. of Highways.
Recorded this 17th day of June, one thousand eight hundred and fifty-three.
DAVID BAKER, Town Clerk.
Book of Ear Marks, Page 118 .- Hiram Sanford, of Bridge Hampton, enters for his grandson Hiram S. Rogers' ear mark, a slope under the right, a halfpenny over the same, and two halfpennies under the left ear. Also he enters for his grandson James Rogers' ear mark, a slope under the right ear, a halfpenny over the left ear, and two halfpennies under the same.
Recorded December 7th, 1853.
DAVID BAKER, Town Clerk.
Samuel D. Stratton enters for his ear mark a half- penny over the right ear and a nick under the same, which he says was given to him by his Uncle George N. Stratton, recorded to him page 82.
Recorded August 10th, 1853.
D. BAKER, Town Clerk.
Samuel T. Stratton enters for his ear mark a crop at the right ear and a halfpenny each side of the
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same, which he says was given to him by David A. Hedges.
Recorded September 6th, 1853.
DAVID BAKER, Town Clerk.
Whereas complaint has been made by David H. Miller to us, Jonathan C. Schellinger and Stephen L. Hedges, Commissioners of Highway of the Town of East-Hampton, that a passway or road leading through the lands of William D. Parsons has been obstructed, therefore we, the said commissioners, having repaired to and examined the premises, do conclude and agree that we have no jurisdiction over the case.
Dated this :0th day of December, 1853. JONATHAN C. SCHELLINGER, STEHEN L. HEDGES, Commissioners.
On the complaint of William D. Parsons, to us, Jonathan C. Schellinger and Stephen L. Hedges, Com- missioners of Highways of the Town of East-Hamp- ton, that an encroachment has been made on the highway leading from the old Fire Place to Benj. Leek's Beach and adjoining the lands of David H. Miller, we, the said commissioners, having repaired to and examined the same, do conclude and agree that we found no obstruction or encroachment there- on.
Dated this 30th day of December, 1853. JONATHAN C. SCHELLINGER, STEPHEN L. HEDGES, Commissioners. Recorded December 30th, 1853.
D. BAKER. Town Clerk.
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RECORDS: TOWN OF EAST-HAMPTON.
Book G, Page 237 .- To Jonathan C. Schellinger, Stephen L. Hedges and Thos. Osborne, Commissioners of Highways of the Town of East-Hampton: You are hereby requested by the Trustees of the Freeholders and Commonalty of the town of East-Hampton, t ) meet at such time and place as you shall see fit to appoint, to deliberate, determine and decide pursuant to the provision of section one, sub-division three of the act regulating highways and bridges, in the Coun- ties of Suffolk, Queens and Kings.
Whether a highway leading to Springy Banks upon the west side of Three-Mile-Harbor, called the Indian highway is or is not a public highway and that you recognize the said Trustees a party to this application for and in behalf of the inhabitants of the said town of East-Hampton, with the apportunity of being heard at such deliberation.
It is on motion resolved that Josiah C. Dayton and Daniel Dayton be a committee to attend to the above application, and that the same be adopted, recorded and by the clerk furnished to the said Commissioners.
DANIEL DAYTON,
Clerk of the Board of Trustees.
At a meeting of the Commissioners of Highways of the Town of East-Hampton, in the County of Suffolk, held in said town at the house of Thomas T. Parsons on the 30th day of December, 1853, at one o'clock in the afternoon, pursuant to the above application. Two Commissioners only were present, viz: Jonathan C. Schellinger and Stephen L. Hedges, whereupon the above deliberation was upon the motion of those Com- missioners present, adjourned to Thursday the 5th
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day of January, 1854, at the house of Thomas T. Par- sons, at one o'clock in the afternoon.
Commissioners met according to adjournment. Par- ties appeared, and after hearing the proofs and alle- gations of the parties and deliberating thereon, we, the said Commissioners do decide that the said Indian highway has been laid out, but not sufficiently describ- ed of record. It is ordered by the said Commission- ers that the said road be ascertained, described and entered of record.
STEPHEN L. HEDGES, JONATHAN C. SHELLINGER, THOMAS OSBORNE, Commissioners of Highways.
Ear Mark, Page 118 .- Recorded this 6th day of Jan- uary, one thousand eight hundred and fifty-four. DAVID BAKER, Town Clerk.
Henry Mulford enters for his ear mark a hole in the right ear.
Recorded February 18th, 1854.
DAVID BAKER, Town Clerk.
Book G, Page 240 .- To Stephen L. Hedges, Jona- athan C. Schellinger and Thomas Osborne, Commis- sioners of Highways of the Town of East-Hampton: You are hereby requested to ascertain, describe and enter of record an old highway that is not sufficiently described, lying between my enclosed land at the Northwest Plain and the woodlands of Enoch Par- sons, Samuel B. Gardiner, Jeremiah Mulford and David Hedges, showing a description and boundary
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of said highway from, at, or near the entrance of Long Lane on the south, to the wood lot of Henry D. Stratton (known upon the records as the 40th lot drawn by Henry Dayton), on the north.
East-Hampton, March 1st, 1854.
JOHN T. DAYTON.
Pursuant to the above application, we, the above named Commissioners of the Town of East-Hampton, in the County of Suffolk, having met and deliberated on the subject of the above application. It appeareth to the said Commissioners that the road in said town used as a highway (leading from the end of Long Lane on the south to the 40th lot drawn by Henry Dayton on the north) has not been sufficiently ascertained and described of record. It is therefore ordered by the said Commissioners that the said road be ascer- tained, described and entered of record; and the said Commissioners do further order that the description, courses and distances of said road be according to a survey which they have caused to be made of the same as follows: Commencing at a stake at the north side of the west end of Long Lane highway, which stake bears from the east corner of Asa Miller's lot where the ditches intersect, S. 37} deg. E. dist. 2 chains and sixty-three links, and running thence on a course N. 36₺ degrees E. 19 chains and 78 links to a stake in the center of the path opposite to, and 87 links from a black oak tree marked and heretofore known as the corner between the land of David Hedges and the land of Henry D. Stratton, known as the 40th lot, and that the line of said survey be the center of said road and that the said road be of the width of six rods.
RECORDS: TOWN OF EAST-HAMPTON.
In witness whereof we have hereto placed our hands this 15th day of March, 1854.
Recorded the 16th day of March, 1854.
DAVID BAKER, Town Clerk.
JONATHAN C. SHELLINGER,
THO. OSBORNE, STEPHEN L. HEDGES,
Commissioners of Highways.
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