USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. IV > Part 13
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RECORDS : TOWN OF SOUTHAMPTON.
premises of Frederick Hallock, one of the appellants. The present track of the travelled road runs on the north edge or margin of the highway as surveyed and described by the commissioners, and it appeared by the evidence, that this had been the travelled track from time immemorial, and here the commissioners, by their survey make it 10 and 12 rods wide, embracing on the south side of this track a large quantity of heavy pine timber, where there is no evidence ar indication of any old or former road or tracks, except those going southerly down to the Neck, and where there was an utter failure to produce any such evidence. And further, to show conclusively, that the Commissioners were wrong in the conclusion they came to and in the said order, by running out the lines on each side of the said road or highway as they have given them in the said order, the north line or boundary of the said highway, necessarily runs directly through the enclosed orchard, garden and front door-yard of the said Edward Griffin, one of the ap- pellants, and a part of his home lot, and the south line or boundary also runs through the enclosed home lot of the said Frederick Hallock, this the Commissioners aeknowl- edged on the hearing of the appeal ; but said they did not know that their survey and order would have such an effect and that they did not intend any such thing.
Still such is the fact, and so far as this is the case the order of the commissioners must necessarily be reversed, and upon a view of the whole matter from the evidence ad- duced before me on the hearing of these appeals ; I am constrained however, reluctantly to reverse the whole order of the said commissioners in regard to this highway. In the mean time the County Judge does not feel himself authorized by the act to alter or define this road himself as he thinks the same ought to be altered or defined. All he
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RECORDS : TOWN OF SOUTHAMPTON.
can do therefore, as it is certainly desirable that this at present indefinite highway should be ascertained, described and entered of record is to recommend to the Commission- ers of Highways under the power and duty conferred upon and required of them, in the 3rd sub-division of the 1st section of the act regulating highways and bridges, in the counties of Suffolk, Queens and Kings to try again to as- certain, describe and enter of record, the highway in ques- tion, and in doing so not to have the same exceed 4, or at the most, 6 rods in width, and to run the same as straight as practicable. The undersigned believes this would satis- fy all parties in the immediate vicinity of this road and the people of the town generally.
Dated Aug. 21st, 1856.
A. T. ROSE, County Judge.
A correct copy of the original on file in this office.
ROBT. R. RHODES, Town Clerk.
Recorded Aug. 30th, 1856.
PAGE 189. Whereas, an order of the Commissioners of Highways of the town of Southampton, in the County of Suffolk, a copy of which is annexed hereto, was made the 25th day of July, 1856, in relation to the south end (of) a portion of a certain highway in the village of Quogue in the said town of Southampton called Quogue Lane leading from the post road to the beach, and whereas Oliver Post, of the said village of Quogue, did on the 4th day of August, 1856, appeal from the determination and the said order of the said commissioners to the undersigned County Judge of the said County of Suffolk, which appeal is also hereto an- nexed. Whereupon the said County Judge did give due notice to the appellants and the said commissioners, that he would hold a court for the hearing of said appeal at the
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RECORDS : TOWN OF SOUTHAMPTON.
house of John H. Post in the said village of Quogue, on the 19th day of August inst., aforesaid, at 1 o'clock in the af- tornoon, at which time and place the said parties appeared before him with their respective counsel. And after view- ing premises described in the said order, and after hearing the proofs and allegations of the said parties. the said County Judge came to the following conclusion and determ- ination, viz :
That the said commissioners erred in alledging or ascer- taining that a portion of the said Quogue Lane at the south end, though of a width of eight rods and 4 links, as de- scribed by them in their said order, had been a public highway by usage for 25 years, the appellant in this case having shown a good and satisfactory title to the same, up to about where he has recently run his fence adjoining the said highway or lane on the east side thereof ; and that the legal and proper width of the said highway is and should be, three rods from the said post-road, through to the beach or banks. The said determination or order of the said commissioners in this matter is hereby reversed.
In the mean time the undersigned would suggest and recommend to the appellant, to change or alter his new fence commencing at the east side of the lane at a fence running easterly to Ogden's pond, so as that the said new fence shall run within, or east of the present foot-bridge across the ditch or creek. This alteration should be made for the accommodation of the public ; as it is impossible to say with precision where the exact line or boundary of the said highway or lane there should be.
Dated the 21st day of Aug., 1856.
A. T. ROSE, County Judge.
A correct copy of the original on file,
ROBT. R. RHODES, Town Clerk. Recorded Sept. 1st, 1856.
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RECORDS : TOWN OF SOUTHAMPTON.
PAGE 191. Whereas, application has been made to the Commissioners of Highways of the town of Southampton by twelve free-holders of the said town, (their application having been certified by oath,) to alter, regulate, define or describe the highway known as Wickapogue Lane or street, and Old Town Lane, and said commissioners all of them having been notified to attend a meeting of the commission- ers for the purpose of deliberating thereon. Now therefore, we the undersigned two of the said commissioners, having met and examined the said highway, do hereby order that the said roads be ascertained, described and entered of rec- ord in the office of the town clerk, according to a survey which has been made under our direction as follows; to wit : (Wiekapogue Street or Lane.) Commencing at the east end of Wickapogue Street or Lane, where the road from Cob united with it on the north side of said street, and running S. 80 deg. W. 13 Ch., 63 links, along the north side of the street to angle opposite the east end of Daniel Halsey's door-yard fence; thence S. 88 deg. W., 25 Ch., 13 L. to line between Jeremiah Squires and Moses Phillips' land, thence S. 85 deg., W. 16 Ch., 83 L. to west side of lane leading from Wickapogue Street to the country road being at the east line of the land of John Ludlow, thence S. 81 deg., 30 min. W. 13 Ch., 40 L to the said John Lud- low's west line, being the east line of the land of Joseph King ; thence S. 65 deg. W. 11 Ch. 75 L, to corner of Old Town Lane or road, leading from Old Town Pond to the country road, the said Wickapogue Street or highway to be five rods in width from the point of beginning at the east end thereof to the angle at the line between the lands of John Ludlow and Joseph King, and from thence widening to the width of 2 Ch., 30 links, or nine rods and five links at Old Town Lane.
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RECORDS : TOWN OF SOUTHAMPTON.
Old Town Lane .- Commencing at stake on the west side of said road at the east end of a street leading from South- ampton easterly, and sometimes known by the name of Toil- some Lane, and running northerly N. 5 deg. W. 15 Ch., 42 L, along the west side of Old Town Lane to angle ; thence N. 24 deg. W. 1 Ch., 16 L. to south side of Meeting House Lane; thence N. 11 deg. E. 1 Ch., 71 L. across Meeting House Lane ; thence N. 0 deg., 30 min., E. to angle nearly opposite ; thence N. 12 deg. W. 12 Ch. 00 to angle nearly opposite house of Mrs. Harris ; thence N. 23 deg. W. 4 Ch. 28 L. to the country road ; the aforesaid Old Town Lane, from the place of beginning to the country road, varies in width as follows : from the place of beginning, across to James M. Hildreth's corner on the east side of Old Town Road is 2 Ch., 45 L .; opposite Joseplı King's corner it is 1 Ch., 60 L .; at the next angle N. it is 1 Ch., 80 L .; at the angle nearly opposite the house it is 1 Ch., 00 in width (the east line of the road between the last two named angles be- ing a straight line along Joseph King's land ;) from thence going north it narrows down to 0 Ch., 90 L. at angle nearly opposite Mrs. Harris house ; and from thence it widens to 1 Ch., 00 L., at the country road. In witness whereof, we the said commissioners have hereunto subscribed our names this seventh day of Oztober, 1856.
ANSON TOPPING, - Commiss.
JOIIN ALLEN,
A correct copy,
ROBT. R. RHODES, Town Clerk.
Recorded Nov. 15th, 1856.
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RECORDS : TOWN OF SOUHAMPTON.
PAGE 194.
Suffolk County,
Town of Southampton, S Ss.
We the Commissioners of Highways of the Town of Southampton aforesaid, (all of the Commissioners having been duly notified to attend and deliberate upon the sub- ject of this order) having ascertained that the public high- way in said town, leading from the Indian land at Sebonack to the Millstone Brook road, is encroached upon on the south side thereof, along the lands in the occupation of Franklin Fanning and Nathaniel Fanning by a fence erect- ed by the present, or some former occupant of the said premises, which fence forms a part of the enclosure of the said land ; and having caused the said highway to be sur- veyed, and having ascertained the following described line to be the line of the road as follows, to wit :
Commencing at the Indian land at the S. W. of the land of Edward White, and running along the northerly side of said road N. 54 deg. E. 12 chains to angle in valley nearly opposite the house of - Fanning ; thence N. 76 deg. 30 min. E. 7.95, to angle in said road at the corner of Edward White's front door-yard fence ; thence 27 deg., 30 min. E., 4.36, to stake at angle in valley east of orchard near a wil- low tree ; thence East 2.84 to a stake at angle on knoll north of swamp; thence N. 68 deg. E., 6.50, to stake in ditch directly opposite or near ditch of - Fanning ; the line heretofore described being the north line of a five rod highway. We now commence running on the south line of said highway, commencing at a stake in Fanning's new ditch and running S. 69 deg. E. 11.78, to stake on knoll and from thence on the same course until it strikes the Mill Stone Brook road; the above described highway being five rods wide all the way from the Indian to the Mill Stone Brook
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RECORDS : TOWN OF SOUTHAMPTON.
road. And we do further determine that all those strips of land lying between a line drawn five rods south of the first above described line and the said fence or fences is a por- tion of the said highway. It is therefore ordered by the undersigned commissioners of the said town of Southamp- ton that the said fences be removed, so that the said high- way be open and unobstructed to the width of five rods.
Given under our hands this 13th day of October, 1856.
ALANSON TOPPING, JOHN ALLEN, Commiss.
A correct copy,
ROBT. R. RHODES, Town Clerk.
Recorded Nov. 20th, 1856. State Thanksgiving Day.
PAGE 196.
Suffolk County, - Town of Southampton, § SS.
Upon the application of twelve freeholders, it is hereby ordered and determined by the undersigned Commissioners of Highways of the said town, all of the said Commission- ers having been duly notified to attend and deliberate upon the subject of this order ; that the highway at Bull's Head leading from the country road, to the road leading from Bull's Head to Mecox be defined; ascertained and located according to the following survey, viz :
Commencing at a stake on the south side of the country road and running S. 66 deg. E. 4 chains, 79 links to the east corner of the cemetery near Roger A. Francis' mill thence east 3 chains, 46 links to the road leading from Bull's Head to Mecox ; (the above described line being the southwest and southerly line of the said highway) ; from east corner of cemetery near R. A. Francis' mill across the said highway to the southwest corner of the school-house
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RECORDS : TOWN OF SOUTHAMPTON.
lot is sixty-one links ; from this said corner along the N. side of said highway to the Mecox road, the course is N. 75 deg. E, 3 Ch. 13 L the width of the said highway on the Mecox road is one chain and eleven links ; the width at the country road from point to point before cutting off the angles is 0.95 ; at the distance of 1.12 from the country road the width is 0.63 (See diagram.) the corner on country road are cut off as per diagram.
In witness whereof, we the said Commissioners have here- unto subscribed cur names this 21st day of October, 1856.
ALANSON TOPPING, JOHN ALLEN, Commiss.
A correct copy,
ROBT. R. RHODES, Town Clerk.
Recorded Nov. 21st, 1856.
PAGE 197. Whereas, application has been made to us the undersigned Commissioners of Highways of the town of the town of Southampton by twelve freeholders of the said town ; (their application having been verefied by oath) to regulate define or describe the highway leading from the country road near the house of Wm. Fordham and Gurden Corwithe to the road leading to Sagg, and also to remove obstructions on the said highway ; and said commissioners all of them having been duly notified to attend a meeting of the commissioners for the purpose of deliberating there- on; Now, therefore, we the undersigned two of the said commissioners having met and examined the said highway do heroby order that the said road be ascertained, de- scribed and entered of record in the office of the Clerk of the town, according to a survey which has been made under our direction as follows, to wit :
Commencing at the country road, at or about one foot in
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RECORDS : TOWN OF SOUTHAMPTON.
front of the N. W. corner of the said Wm. Fordham's black- smith shop on the south side of the country road and run- ning along the west end of the said shop to the west side of a button wood tree a distance of fifty-seven links ; thence S. 51 deg., 30 E. along the N. E. side of the highway until it intersects the road leading to Sagg ; the above described line being hereby established as the north-east line of the highway we are called upon to describe, the said road be- one ch6in and eight links wide, opposite the N. west corner of the blacksmith shop, and one chain at the S. E. end of the road opposite the N. E. corner of the land of Benj. F. Worthington, and we further determine that all that triang- ular space of land enclosed by board fence which lies out- side or southwest of the line above described and determ- ined upon as the N. E. line of the said road is a part of the public highway aforesaid ; it is further ordered and de- termined by the undersigned commissioners that the said fence be removed so that the highway be open and unob- structed, and of the width established by the above survey. Given under our hands this seventh day of October, 1856. ALANSON TOPPING, } Commissioners of JOIIN ALLEN, 1 Highways. Recorded Nov. 22d, 1856.
A correct copy,
ROBT. R. RHODES, Town Clerk.
PAGE 199. At a meeting of the Commissioners of High- ways of the Town of Southampton, in the County of Suffolk, at the house of Charles Howell in said Town on the 19th day of April, 1856, all the said commissioners having been duly notified to attend said meeting for the purpose of de- liberating on the subject of this order, upon the application of William L. Paine of said town for the discontinuance of
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RECORDS : TOWN OF SOUTHAMPTON.
so much of the road hereinafter described as is more than four rods in width. And on the certificate of 12 free-hold- ers duly sworn, who have in due form certified that so much of said road as is more than four rods in width is useless and unnecessary and that it ought to be discontin- ued. And the said commissioners having caused a survey of said road to be made as follows, to wit :
Beginning at a certain stake near the southeast corner of the homestead of James McCorkle, and running south one and a-quarter deg. West 82.72 rods, thence south 14 and one-quarter degrees west 39.56 rods ; thence south 19} deg west 29.76 rods to the Hill Street, said line being the wes- terly boundary of said highway, leaving a highway on the east side of said line four rods wide at the north end, three rods and eighty-eight hundredths at the southwest corner of the homestead late of Edward Huntting, deceased, and 9.48, rods at the south end on the line of the Hill Street- according to the above plot and survey. It is therefore ordered and determined by the said commissioners that so much of the old highway as is more than the width above specified be and the same is hereby discontinued. In wit- ness whereof we have hereunto subscribed our names this 27th day of Nov. 1856.
ALANSON TOPPING, { Commissioners JOHN ALLEN, 1 of Highways.
A true copy,
ROBT. R. RHODES, Town Clerk.
Recorded Jan. 1st, 1857.
PAGE 200. Annual Town Meeting, April 7th, 1857. Justice of Peace, Jonathan Fithian elected.
Supervisor, Jonathan Fithian elected.
Town Clerk, Noah D. Ellsworth elected.
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RECORDS : TOWN OF SOUTHAMPTON.
Assessors, Daniel Y. Bellows and Isaac C. Halsey, elect- ed for two years and James L. Haynes to fill vacancy.
Collector, George Herrick elected.
Overseers of Poor, James L. Haynes and Alanson Top- ping elected.
Commissioner of Highways, Albert Post elected.
Constables, Wm. M. Jackson, George Herrick, Herman Woodruff, Diodate B. Bogue and Enoch Eldridge elected.
Voted that 2200 dollars for the support of the poor.
Voted that 800 dollars for contingent expenses to go to the Supervisor.
Inspectors of Election, 1st dist. Philander R. Jennings and Thomas E. Crowell elected, and Josiah Douglass ap- pointed ; 2d dist. Elbert Rose and James M. Halsey, elected, and Levi D. Wright appointed ; 3rd Benjamin H. Foster and Lewis Hildreth elected, and Philetus Pierson appointed ; 4th Erastus Foster and Harvey Halsey elected, and George O. Post appointed ; 5th Spencer Dayton and William Stratton elected, and George Seaman appointed.
Overseers of Highways : No 1 William C. Pye, appoint- ed, No. 2 James Goodman, No. 3 Edward Griffin, No. 4 Zachariah Benjamin, No. 5 Wm. W. Warner, No. 6 Philet- us Pierson, No. 7 Zebulon Jessup, No. 8 Albert Halsey, No. 9 Jetur Bishop, No. 10 Andrew J. Hand, No. 11 Staf- ford Payne, No. 12 Nathan Y. Fordham, No. 13 Isaac W. Osborn, No. 14 Lewis Scott, No. 15 Jetur Squires, No. 16 Wm. M. Jackson, No. 17 Tuthill Rogers.
Town Trustees : Henry Gardner, Nathan White, Albert Reeves, Joseph R. Harris, Zebulon Jessup, George Herrick, Francis R. Bishop, David Jaggar, Philetus Pierson, Abra- ham H. Gardnier, Peter Fournier, John Bishop.
Pound Masters : John F. Foster, Merrit Culver, William W. Hand and Jesse R. Halsey, appointed.
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RECORDS : TOWN OF SOUTHAMPTON.
Report of the Overseers of the Poor read and accepted. Report of the Supervisor read and accepted.
Voted, that seven dollars be appropriated for the use of the room for this meeting.
We certify that the above is a true statement of the re- sult of an election held in the town of Southampton, April 7th, 1857.
P. R. JENNINGS, Justices JONATHAN FITHIAN, of the ERASTUS FOSTER, Peace.
Noah D. Ellsworth, Town Clerk.
PAGE 201. (Abstract.) Charles Pelletreau's ear mark his father's fire brand same as his grandfather Elias T.
PAGE 202. Whereas application has been made to the undersigned Commissioners of Highways of the Town of Southampton, which said application has been verified by the certificate and oath of twelve freeholders of said Town (that the said road is necessary and proper) to lay out a road or highway "Commencing at or near the house of Daniel Hildreth and following the Seven Ponds road to or near the swamp, thence along the line of the land of Ham- let Cuffee to the road leading from the country road or stage road to Mill Pond head, which said highway will pass through the unimproved lands of the Proprietors of said town (who consent to the laying out of the same) recently enclosed by Alanson G. Goodall who does not consent to the said laying out."
Now therefore, we the undersigned two of the said Com- missioners, all of whom having been notified to be present having met and deliberated upon the subject of said appli- cation, do hereby lay out a highway according to following survey, viz :
Commencing at a stake on the north side of the road
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RECORDS : TOWN OF SOUTHAMPTON.
leading from the water mill westerly by the house of Dan- iel Hildreth to or about opposite his said house, and run- ning N. 60 deg. E. 38 chains, to the west side of the road leading from the country road to Mill Pond head the said described line being the north or northwest line of said highway which is to be three rods wide.
In witness whereof we have hereunto subscribed our names the nineteenth day of December, 1856.
ALANSON TOPPING, } Commissioners JOHN ALLEN, of Highways.
A true copy of the original on file,
N. D. ELLSWORTH, Town Clerk.
Recorded April 25th, 1857.
PAGE 203.
Suffolk County,
Town of Southampton, S S.s.
We the undersigned Commissioners of Highways of the Town of Southampton, all of the said Commissioners hay- ing attended and deliberated on the subject of this order, having ascertained that the public highway in said town leading south from the main road at Flanders to Fourth Neck and Quogue, is encroached upon, on the east side thereof along the lands in the occupation of Zacariah Ben- jamin, by rail and board fences erected by the present or some former occupant thereof, which fences form a part of the enclosure of said land ; and having caused the said highway to be surveyed and having ascertained the western line of said road to be open and according to the following line, viz :
Commencing on the west side or northwest side of said road, where it intersects the south side of the main road through Flanders, and running S. 44 deg. W. 3 ch. 52 links to angle at fence; thence S. 18 deg. W. 2.98 to angle at
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RECORDS : TOWN OF SOUTHAMPTON.
stake ; thence S. 5 deg. W. 4.94 to angle at stake ; thenco S. 4.61 to angle at stake; shence S. 13 deg. W. 1.35 to angle at stake ; the above described line being the west line of a three rod highway extending from the main road to the place where the original road formerly given in ex- change for this, turned off; and that all that narrow strip of land lying between the aforesaid fence or fences and a line drawn three rods from the western line of said high- way above described is a part of the public highway afore- said : It is therefore ordered by the undersigned commis- sioners of highways of said town of Southampton that the said fences be removed so that the said highway be open and unobstructed, and of the breadth originally intended, which was three rods.
Given under our hands this tenth day of March, 1857.
ALANSON TOPPING, - JOHN ALLEN, Commiss. J. F. FOSTER,
A true copy of the original on file in this office,
N. D. ELLSWORTH, Town Clerk.
Recorded April 25th, 1857.
PAGE 204.
Suffolk County, S.S.
Town of Southampton, S
Whereas a road leading from Great Creek to Little Creek, in said Town of Southampton, now used as a public highway was laid out on the tenth day of December one thousand eight hundred and fifty-six, but not sufficiently described of record, Now therefore, we the undersigned Commissioners of Highways of the said Town do hereby order that the said road be ascertained described and en- tered of record, in the office of the Town Clerk of said
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RECORDS : TOWN OF SOUTHAMPTON.
Town, according to a survey which has been made under our directions, as follows, to wit :- Commencing at a post or stake at Great Creek on the S. E. side of said road, run- ning S. 43 deg. E. 1.43 along the land of James Hallock to stake at angle ; thence S. 31 deg. W. 2.00 to angle at small pine tree on ditch ; thence S. 25 deg. W. 12 chains to the N. W. corner of James Hallock's door-yard ; thence S. 24 deg. W. 7.00 to angle ; thence S. 22 deg. W. 4.54 to stake at angle ; thence S. 15 deg. W. 2.41 to stake at Little Creek. The above described line being the S. E. line or side of the said road, and that the said road to be of the width of four rods for the whole distance.
Given under our hands at Southampton, this thirty-first day of March, 1857.
ALANSON TOPPING, JOHN ALLEN, Commiss. J. F. FOSTER,
A true copy of the original on file in this office,
N. D. ELLSWORTH, Town Clerk.
Recorded April 27th, 1857.
PAGE 205.
Suffolk County, { SS.
Town of Southampton, §
Whereas application has been made to us the undersigned Commissioners of highways of said Town, by twelve per- sons, freeholders, residents of said town and liable to be assessed for highway labor therein, to define, lay out and regulate a certain road or highway leading from the coun- try road at B. F. Rogers, south-easterly to the house of Nathan H. Dimon, and to discontinue certain portions of said road so as to reduce it to the width of five rods, in such manner as we might deem expedient, and the said twelve persons having also declared that in their opinion
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