USA > New York > Suffolk County > Southampton > Records of the town of Southhampton, with other ancient documents of historic value, Vol. IV > Part 14
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RECORDS : TOWN OF SOUTHAMPTON.
so much of the said highway as exceeds five rods, is useless and unnecessary, and the said petition having been sworn to by the applicants.
Now therefore, we the undersigned (all of the commis- sioners having been notified duly to attend and deliberate on the subject of this order,) do hereby order and determ- ine that the said highway be defined and regulated accord- ing to the following survey- and that all that portion of the present road not included and covered by said survey is discontinued ; the said road on the south line of the country road is eight rods inside ; at the Fordham Swamp Creek, leading into the Hay Ground Bay it is 1.11 wide ; opposite the house of Cordelia Rogers it is to be nine rods wide ; and from thence narrowing down to five rods at the angle opposite the house of Henry Rogers, from thence to Nathan H. Dimons it is to be five rods all the way.
In witness whereof we the said Commissioners have hereunto subscribed our names this 18th day of May, 1857.
ALANSON TOPPING, ) Commiss. ALBERT POST,
A true copy of the original on file in this office,
N. D. ELLSWORTH, Town Clerk. Recorded May 20th, 1857.
PAGE 206. At a meeting of the Commissioners of High- ways of the Town of Southampton in the County of Suffolk held in said town at the house of Charles Howell, on the 13th day of May, 1853, all the said Commissioners having met and deliberated on the subject of this order, it appear- ing to the said Commissioners that the road in said town used as highway leading from the west end of Jobs Lane to the house of Augustus Reeves, also the road leading from the house of the suid Augustus Reeves to the house of John
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RECORDS : TOWN OF SOUTHAMPTON.
White, and also the road leading from the north-west corn- er of the homestead of Barney R. Green to the north-east corner of the homestead of Merrit Culver, have been laid out but not sufficiently described of record, it is ordered by the said Commissioners that the said several roads be as- certained, described and entered of record. And the said Commissioners do further order, that the description cour- ses and distances of said several roads be according to the foregoing survey (to wit) beginning at the west end of Jobs Lane at the south-west corner of the home lot of the heirs of Stephen Sayre deceased, and running N. 68 deg. West 39.12 rods and that said line be the north side of said road, and said road be of the width of six rods-thence South 27 deg. West 50.28 rods to the south-west corner of the lot of Win. Mackie, and that said line be the east side of said road, and said road opposite the north-east corner of the lot of Thomas Roys, be the width of 5.4 rods, and that opposite the southeast corner of the door-yard at the house of the heirs of James Pierson deceased, the road be of the width of 4.54 rods, and so to continue to a certain stake set in the fence of Edward Reeves and at the south end of said line between the south-west corner of Wm. Mackie and the south-east corner of the lot of Edward Reeves, the road is 2.88 roads, thence a line is run from the north-west corner of the homestead of Barney R. Green South 80 deg. East 47.44 rods to the north-east corner of the homestead of Merrit Culver, and that said line be the south side of the road, and that the road be four rods wide, thence north 78 deg. East 15.60 rods, to the fence of the homestead of Ed- ward Reeves near the school house, and that the said line be the south side of said road, and that said road occupy all that angular traet to the first mentioned line, and place of beginning.
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RECORDS : TOWN OF SOUTHAMPTON.
In witness whereof we have hereto placed our hands this 27th day of October, 1853.
GEORGE O. POST, - Commiss. JESSE HALSEY,
A true copy of the original on file in this office, N. D. ELLSWORTH, Town Clerk.
Recorded 29th May, 1857.
PAGE 207. Whereas an act regulating highways and bridges in the Counties of Suffolk, Queens, and Kings, passed February 23rd, 1830, requires the Commissioners of Highways of the several towns in those Counties to reg- ulate roads already laid out, to cause them to be described, ascertained and entered of record in the Town Clerk's office, and also to discontinue such old roads or portions of them as appear to them, on the petition and oath of twelve free- holders to have become useless and unnecessary, and where- as a petition has been presented by twelve freeholders ; resident in the said town, asking us to regulate and define a certain road leading from the north end of Lumber Lane, by the house of Silas Corwithe as far west as a pond called Jehus Pond, and to discontinue such portion or portions of the said road as the public interest may require.
Now therefore, we the undersigned Commissioners of Highways, of the said town (all of the Commissioners hav- ing been duly notified to attend and deliberate on the sub- ject of this order) do hereby order that said road be ascer- tained, described and entered of record, according to the following survey which has been under our direction, and we do further determine all such portions of the present or old highway as are not covered by or included in the said survey, are hereby discontinued, survey as follows :
Commencing at a stake at the north-west corner of John
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Edwards' lot, on the west side of Lumber Lane, opposite the south end of the road leading by the house of Noah H. Halsey to the brickilns, and where the width measuring across from the said place of beginning to the south-east corner of Noah H. Halsey's home lot, is one chain, 88 links, and across to the south-west corner of his east lot is one chain and 34 links (as will be seen by reference to the ac- companying map) and running S. 68 deg. W. 11 chains to stake at angle near water hole in the said John Edwards' lot where the road is five rods wide thence S. 66 deg. W. 20 chains and 58 links to angle at the east side of the north end of Butter Lane, where the road is to be five rods in width ; thence S. 40 deg. W. 4 chains and 75 links to angle at corner of Silas Corwith's fence, at the west end of school house lot where the road is four and a half rods in width ; thence S. 42} deg. W. 15.20 to angle opposite the south corner of Capt. John Budd's lot, a little east of Silas Cor- with's water hole where the road is four rods wide ; thence S. 50 deg. W. 17.00 to angle at Silas Corwith's house, the road being four rods wide, and widening back to the last angle to five rods (see accompanying map ;) thence 37 deg. W. 6.00 to stake at angle at division line between the lands of Silas Corwith and Job Wocdruff where the road is four rods wide ; thence S. 31 deg. W. 8.13 to stake at angle on the west side of the north end of Mitchel's Lane, where the road is four rods wide ; thence S. 26 deg. W. 13.75 to stake at angle opposite water hole in S. E. corner of Daniel Rogers' lot where the road is four rods wide ; thence S. 24 deg. W. 11.00 to stake at angle in Jesse Woodruff's fence where the road is four rods wide ; thence S. 42} deg. W. 3.00 to stake at angle in Jesse Woodruff's fence where the road is four rods wide ; thence S. 57 deg. W. to stake in Jesse Woodruff's fence, 2.88 opposite the dividing between
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RECORDS: TOWN OF SOUTHAMPTON.
what are known as the Simon Halsey and E. Hedges Rog- ers farms, where the road is left of the width formally fixed by the Commissioners in a survey of the road extending west from this point of the termination of the present sur- vey, the above described line is the south or south-east side of the said road.
Given under our hands at Southampton, the 3rd day of June, 1857.
ALANSON TOPPING. ALBERT POST, Commiss.
A true copy of the original on file in this office,
N. D. ELLSWORTH, Town Clerk.
Recorded June 30th, 1857.
PAGE 209. Whereas the act regulating highways and bridges in the Counties of Suffolk, Queens and Kings, passed February 23rd, 1830, gives the Commissioners of Highways in the several towns, in said Counties, power to lay out on actual survey, such new roads as they may deem necessary and proper, subject to the restrictions in said aet provided, and whereas application has been made to the undersigned Commissioners of Highways of the Town of Southampton to lay out a road on Hog Neck, leading south from Shelter Island ferry at or near the house of George Tyndall, and whereas in our opinion the public good re- quires that such road be laid out (in conformity with the petition of twelve freeholders, residents of the said town, verified by oath.)
Now, therefore, we the undersigned commissioners of the said Town, (all of the Commissioners having been duly no- tified to attend and deliberate on the subject of this order) do hereby order, determino and certify, after due deliber- ation, that a public highway shall be and is hereby laid out,
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RECORDS : TOWN OF SOUTHAMPTON.
pursuant to said application and according to the following survey, to wit :
Commencing at a ceder tree on the west line of the land of Sineus Conklin, a little north of the house of Benjamin Hamilton, opposite a large poplar tree, and running N. 25 deg. W 15 chains, along or near the west line of the lands of Lewis Corwin to a stake at angle ; thence N. 1 deg. W. 1784 to a cedar tree on the land of George Tyndall ; thence N. 70 deg. W. 19 chains to stake on bank, and 21 chains to water's edge on the land of George Tyndall, the above de- scribed line being the east side of a three rod highway this day laid out by the Commissioners.
Given under our hands at Southampton, the 23rd day of May, 1857,
ALANSON TOPPING, ALBERT POST, Commiss.
A true copy on file in this office,
N. D. ELLSWORTH, Town Clerk.
Recorded August 26th, 1857.
PAGE 210.
Town of Southampton,
-
County of Suffolk.
A petition having been presented to the undersigned Commissioners of Highways of the said town, setting forth that a certain highway leading from Scuttle Hole southerly to the country road is of unequal, and unnecessary width, and that the said road ought to be more particularly de- fined and laid out, and twelve disinterested freeholders having under oath certified that the said road is of unnece- ssary width and that a portion of it ought to be discontin- ned as useless.
Now therefore, it is hereby ordered and determined by
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the said Commissioners, all of them having been duly noti- fied to attend and deliberate upon the subject of this order, that the said highway be altered according to the annexed svrvey ; and that all parts and portions of the old road not confined within the limits of such survey, be and are here- by discontinued-Commencing on the east side of said road on the line between the land of the late Col. David Haynes and the land of James Rogers, and running along the east side of said road S. 5 deg. E. 7 chains to angle ; thence S. 11 deg. E. 5.85 to angle ; thence S. 12 deg., 50 min. E. 7.05 to angle opposite the south end of Jones Rogers' lot ; from the place of beginning to this last mentioned point the road is five rods wide; thence S. 9 deg. E. 6.68 to angle oppo- site the house of Elisha Halsey, where the road is five rods wide ; thence S. 6 deg., 30 min. E. 22.67 to stake near wind- mill ; the west line of said road from Elisha Halsey's is as follows : Commencing at stake on the west side of the said road opposite the house of the said Elisha Halsey and run- ning S. 3 deg. W. 9.41 to stake at angle ; thence S. 8 deg. 30 min. W. 25.71 or until it intersects the country road west of the school house.
In witness whereof, we the said Commissioners have hereunto subscribed our names, the 25th day of August, 1857.
ALANSON TOPPING, ) Commiss. ALBERT POST,
A true copy on file in this office,
N. D. ELLSWORTH, Town Clerk.
Recorded 18th, Nov. 1857.
PAGE 211. Annual town meeting, April 6th, 1858. Justice of the Peace, Edward Griffin elected Supervisor, Jonathan Fithian elected.
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RECORDS : TOWN OF SOUTHAMPTON.
Town Clerk, Albert Post elected.
Assessors, James L. Haines, Charles Howell elected.
Collector, James M. Halsey elected.
Overseers of Poor, James L. Haines, Alanson Topping, elected.
Commissioner of Highways, Alanson Topping elected.
Constables, Thomas H. Vail, Diodate B. Bogue, Hermon Woodruff, George Herrick, James McCue.
Inspectors of Elections, 1st Dist. Philander R. Jennings, Thomas E. Crowell elected, and Jesse R. Halsey appointed ; 2nd Dist. Horatio G. Sayre and Elbert Rose elected, James M. Halsey, appointed ; 3rd Dist. Benjamin H. Foster, Lew- is Hildreth elected, Philetus Pierson appointed ; 4th Dist. Benjamin Hallock, Charles Howell elected, George O. Post appointed.
5th Dist. Nathan Penny, Richard P. Wells.
Overseers of Highways : No. 1 Cephas Tuthill, No. 2 Dennis K. Halsey, No. 3 Charles Cooper, No. 4 Zacharialı Benjamin, Jr., No. 5 Wm. W. Warner, No. 6 Charles H. Halsey, No. 7 Eli H. White, No 8. Silas Corwith, No. 9 Noah Halsey, No. 10 Henry S. Roscoe, No. 11 Stafford Payne, No. 12 Wmn. Payne, No. 13 Isaac W. Osborn, No. 14 Joseph R. Harris, No. 15 Jetur Squires, No. 16 John Smith, No. 17 Joel Tuthill.
Pound Masters, John F. Foster, Merrit Culver, Watson W. Hand, Jesse R. Halsey.
Town Trustees, Henry Gardiner, Zebulon Jessup, Philet- us Pierson, Nathan White, George Herrick, Abram H. Gar- diner, Albert Reeves, Peter Fournier, Francis R. Bishop, Joseph R. Harriss, David Jagger, John Bishop.
$2509.00 voted for the support of the poor, and $800.00 dollars for the contingent expenses to go to the Supervisor.
Report of the Supervisor read and accepted.
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RECORDS : TOWN OF SOUTHAMPTON.
Report of the Overseer of the Poor read and accepted.
Voted that the sum of seven dollars be appropriated for the use of the room for this meeting.
We certify that the above is a true statement of the result of the election held in the Town of Southampton, April 6, 1858.
JONATHAN FITHIAN, ) Justices EDWIN ROSE, of
P. R. JENNINGS. S Peace.
A true copy of the original,
ALBERT J. POST, Town Clerk.
PAGE 213. Before J. Lawrence Smith, County Judge of Suffolk County, in the matter of the appeal of Edward Grif- fin from an order of the Commissioners of Highways of the Town of Southampton.
The Commissioners of Highways of the Town of South- ampton, made an order on the 31st day of March, 1857, re- citing that whereas a road leading from Great Creek to Lit- tle Creek in said town, now used as a public highway, was laid out on the 10th day of December, 1757, but not suf- ficiently described of record, and ordering that said road be ascertained, described and entered of record, according to a survey which had been made under their direction, and they therein described the said road by courses and mon- uments.
The road was not at the date of the order, of the width called for by the record, it having been encroached upon by the fences on either side, and as described by the Commis- sioners, would if opened, run through a part of the enclos- ure of Edward Griffin, and he appeals to the County Judge from said order.
I visited the premises on the 20th of April last, and was
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RECORDS : TOWN OF SOUTHAMPTON.
attended by the appellant and the commissioners and by their respective counsel, and heard the proof and allega- tions.
A preliminary question was raised by the counsel of the commissioners touching my jurisdiction in this matter, and I took the proof subject to this objection. The County Judge is an officer of limited jurisdiction, he possesses no power except such as is conferred by statute. We must go then to the statute to ascertain whether he has power to hear and decide this appeal. The act relating to highways in Kings, Queens and Suffolk Counties passed Feb. 23d, 1830, defines the powers and duties of Commissioners of Highways. By reference to this statute we find their pow- ers and duties to be various, and among them (S 1 3) is the power to ascertain, describe and enter of record, such highways as have been laid out and not sufficiently de- scribed.
The Commissioners acted under this clause in making the order appealed from, every decision of the commission- ers is not the subject of appeal. Section 66 of the statute, as amended (Laws 1857, p 422) provides " for appeals to " the County Judge by any person who shall conceive him- " self aggrieved by any determination of the Commissioners " of Highways in laying out, altering, or discontinuing, or " in refusing to lay out, alter or discontinue any road, or in " regulating, or refusing to regulate any public landing, or " watering place, or in determining, or refusing to determ- " ine that any road hath become a public highway.
Here then, are clearly defined the cases over which the County Judge has jurisdiction by appeal, and unless this section embraces the case in question, the appeal and all proceeding under it, are void.
Whether the Legislature intended to give an appeal in a
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RECORDS : TOWN OF SOUTHAMPTON.
case like this, and unintentionally omitted to do so, may be questionable. There are perhaps many reasons to lead us to suppose that they did not. The question to be decided does not embrace any legal principle. It is a simple ques- tion of fact, as to where the road originally ran, a question upon which the commissioners who are presumed to act disinterestedly and who are familiar with the parties, the witnesses and the locality, can decide more intelligently and accurately than any judge or lawyer. But whatever may have been the reason for the omission, it is sufficient for the purpose of this case, that after a careful examination I am fully persuaded it does not come within the provision of the statute above cited, and having failed to find in the statute any other provision giving me jurisdiction over it, I cannot make any order in the premises.
It may be a satisfaction to the parties, and I may there- fore perhaps be pardoned for volunteering to add that in cases involving purely questions of fact, the unanimous de- termination of the commissioners ought not to be disturbed unless it is made to appear that they acted unintelligently, or were affected by interest or prejudice, or their determi- nation is very strongly against the weight of evidence. I listened to the evidence in this case with much attention, and although it was conflicting on the subject of the loca- tion of the old track, I failed to find in it anything which satisfied me that the Commissioners erred in making the order appealed from.
May 5th, 1858.
J. LAWRENCE SMITH, County Judge.
I certify the above to be a true copy of the original, filed in this office,
ALBERT J. POST, Town Clerk.
Recorded May 25th, 1858.
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RECORDS : TOWN OF SOUTHAMPTON.
PAGE 215.
Suffolk County, 1 Town of Southampton, )
- SS.
Whereas the act regulating highways and bridges in the Counties of Suffolk, Queens and Kings, passed Feb. 23, 1830, makes the duty of the Commissioners of Highways of the several towns in those counties to cause such road used as highways, as shall have been laid out, but not suf- ficiently described, and such as were used as highways for twenty years preceding the 20th day of March, 1797, and which shall have been used and worked as such constantly for the last six years but not recorded, to be ascertained, described and entered of record in the Town Clerk's office.
And whereas the same act gives the said Commissioners power to discontinue such old roads and highways as shall appear to them on the oath of or affirmation of twelve free- holders of the town, to have been unnecessary. And where- as application has been made to the undersigned Commis- sioners of Highways of the said town by twelve freeholders of the town (which application or petition is verified by oath) asking the said Commissioners to survey, define and lay out, the road known as Sagg Street, extending from the Country Road to the house of Henry, and to discontinue all that portion of the present, over five rods in width, as use- loss and unnecessary.
Now, therefore, we the undersigned Commissioners, all of the said Commissioners having been duly notified to at- tend and deliberate upon the subject of this order, do liere- by order, determine and certify that the aforesaid highway extending from the Country Road to the house of Henry White, shall be of the width of five rods, or according to the following survey, to wit :
Commencing at a stake on the south side of the Country
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RECORDS! TOWN OF SOUTHAMPTON,
Road, and running South 10 deg. W. 40 ch., 08 links to stake on the hill opposite, or nearly opposite the tenant house of Hiram Sandford ; thence S. 2 W. 22 chains, 24 links to stake in Daniel W. Haines' ditch opposite the barn of Henry Roscoe ; thence S. 3 deg. W. 11 chains and 58 links to stake nearly opposite the house of Hiram Sand- ford ; thence South 20 chains, 74 links to stake, at angle nearly opposite the house of Josiah Rogers ; thence S. 11 deg., 30 min. W., 9 chains and 65 links to stake at angle nearly opposite the house of Jeremiah C. Hedges ; thence S. 27 deg. W. 14.69, to stake at angle, the above described line is the west side of a five rod highway, extending from the point of commencement on the Country Road, to the last mentioned angle nearly opposite the house of Alonzo White ; from thence southerly, the road widens as far as the north line of the grave-yard ; the eastern line of the said widening being a line drawn from the last mentioned angle to the south-west corner of the late Ebenezer White's home lot, the corner of said line being S. 14 deg., 30 min. W., and distance five chains ; we thon start the said last mentioned angle and run S. 38 W. 5 chains and 88 links in continuation of the west line of the said highway to stake at angle opposite the N. W. corner of the grave-yard, where the road is five rods wide ; thence S. 29 deg. W., 7 chrins, 34 links to stake at angle a little south of the house of Da- vid Pierson, thence S. 35 W. 6 chains, 39 links to stake near the house of Henry White, at the east end of the lane leading to Sagg Pond, where the road, as also at the south end of the grave-yard, is five rods wide, we then commence at a stake on the east side of the said five rod highway on the dividing line between the Poor House farm and the land of Halsey Hildreth, and run N. 48 deg. E. 4 chains and 94 links to stake in said Halsey Hildreth's ditch opposite the
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RECORDS : TOWN OF SOUTHAMPTON.
south-west corner of the grave-yard, as the eastern or south- eastern line of that part of the Highway.
And we the said Commissioners, do further order and de- termine, that all such portions of the old road or highway, leading from the Country Road to the house of Henry White that lies west of the above described five rod road, and also all such portions of the said described five rod surveyed road ; and south of the above described line at the Poor House, running N. 48 deg. E 4 chains and 94 links are hereby discontinued.
In witness whereof, we the said Commissioners have herennto subscribed our names this, the 2nd day of June, 1858.
ALANSON TOPPING, Commiss. ALBERT J. POST,
A true copy of the original in file at this office,
ALBERT J. POST, Town Clerk. Recorded June 14th, 1858.
PAGE 217. Hiram Stevens has in his keeping a stray mule about ten years old, marked as follows : K on her cheek, A on her neck, L on her right ham, and W on her left ; has a black streak on her back ; her color is nearly black, or dark brown ; a mare. July 10th, 1858.
PAGE 217. Before the County Judge of Suffolk County, in the matter of appeal of David Pierson, from an order of the Commissioners of Highways of the Town of Southamp- ton, reducing the width of Sagg Street.
The Commissioners of Highways of the Town of South- ampton, having heretofore made an order reducing the width of Sagg Street to five rods, and David Pierson having ap- pealed pursuant to the Statute, to the County Judge, from so innch of said order as directs the said road from the
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RECORDS : TOWN OF SOUTHAMPTON.
main angle, nearly opposite Jeremiah Hedges, leading or running southerly as far as the burying-ground, to be cut down from its present width to five rods wide; a copy of which order and notice of appeal is hereto annexed. And the County Judge having thereupon assigned a time and place for hearing said appeal, and having caused a notice thereof to be served pursuant to the Statute, and having attended on the part of said road appealed from on this fourth day of August, 1858, at 7 o'clock in the afternoon, the time and place so assigned and having been attended by the said appellant, and to the road commissioners and their counsel, and heard the proofs and allegations of the parties and deliberated thereon, doth decide as follows :
The order simply reduces the road to 5 rods in width without naming courses and distances, but the map pro- duced by the Commissioners on the hearing, indicates the lines established by them. The road as thus located, will tend greatly to injure the appearance and mar the beauty of the street. They have substituted crooked lines for lines now apparently straight. There are now curves in the street it is true, but owing to its great width they are not perceptible.
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