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HomeMy WebLinkAboutThe Trustee Law i AN ACT to create the board of trustees of the town of Southold, and empower said board to manage and dispose of the common lands under water belonging to said town. SECTION 1. The electors of the town of Southold are hereby authorized and empowered to elect by ballot from their number, at the annual town meeting next to be held in said town, and annually thereafter, in the same manner as other town officers are elected, five freeholders as trustees, who shall be known as the board of trustees of the town of Southold. They shall hold office for rhe term of one year. They shall within ten days after their election and qualification meet and choose from their number, by a majority vote, a president and clerk of said board. -Such board of trustees, or a majority of them, are hereby authorized and empowered to manage, lease, convey or otherwise dis- pose of all or any part of all such common lands, waters and lands under water, or rights or other interests therein, subject,as to lands under water, to the public right of navigation and to the riparian rights of adjoining upland owners, as the town of Southold acquired and now holds by virtue of any colonial patent or charter ; and for this purpose said board may execute all such conveyances,leases, permits, agreements or other writings, necessary or proper in carrying into effect the provisions of this act ; subject, however, to and in accordance with such rules and regulations, if any, con- cerning the management and disposition of said property and rights as the legal voters of said town may have theretofore adopted or imposed ; and the electors of said town are hereby em- powered to adopt from time to time such rules and regulations, by a majority vote, at any town meeting. 2. The clerk of said board of trustees shall keep a record of its proceedings in a book to be provided by said town] for the purpose, and the same shall form a part of the records of said town. All conveyances, leases, permits, agreements and other writings, provided for by the fir,t section of this act, shall be executed in duplicate, in the name and in behalf of the town of Southold, attested by its corporate sea], and shall be signed by a majority of said beard, after having been authorized by resolution in writing adopted by a majority of said board, at a meeting held pursuant to notice duly given to all the members'thereof, and one of said dupli- cates shall be filed by the clerk of said board in the town clerk's office and recorded by the town clork in a book separate trom all other records. § 3. The members of said board of trustees shall be deemed to be town officers, and as such t subject to the requirements of all laws controlling town officers where referred to collectively in such laws, and especially in taking and filing the oath of office, refusal to serve, filling of vacan- cies, the disposition of monies and securities which may come to their bands in their official ca- pacity, filing ;statements of their receipts and disbursements, and the delivery of all books and pa- pers to their successors in office. Said board of trustees are hereby authorized to receive any and all rents and-receipts of the sales qr other disposition of the property committed to their charge, and it shall be the duty of said board to pay over to the supervisor of said town, at the first meet- ing in each year of the town board, all moneys which shall have come to their hands in the exercise of their trust, to be by said supervisor applied in such manner as the electors of said town shall by S vote at their annual town meeting director in the absence of such directions, to paying the contin- gent expenses of the town. 4. Each of the members of said board of trustees shall be entitled to receive the sum of three dollars per day for such time as they shall he actually employed in the discharge of their duties under this act, the same to be a legal charge against the town of Southold, to be audited and paid in the same manner as other town charges. 5. The town board of the town of Southold, or a majority of thele, shall within sixty days af- ter the passage of this act convene at the town clerk's office in said town at the hour often o'clock in the forenoon, and appoint, in writing, under their hands and seals, five electors of said town to be and constitute the board of trustees of the town of Southold, and they shall immediately cause such appointment to be filed with the town clerk. The persons so appointed shall within ten days after receiving notice of their appointment, take, subscribe and file in the office of the town clerk the oath of office, and thereupon they shall possess and exercise all the, powers and be subject to all the duties given and imposed by this act, and shall hold and discharge the duties of their office until the next annual town meeting to be held in the town after their appointment, and until their successors shall be elected and qualified 6. This act shall take effect immediately. In accordance with section 5 of the above law the town board met and appointed as trustees, to serve as above: JEREMIAH G. T UTHILL, New Suffolk; JONATHAN B. TERRY, Southold, JAMES E GILDERSLEE VE, Mattltuck. ELBERT W. TABER, Orient, GEORGE H. CLEAVES, Greenport. Sj OF THE Trustees of the Town of Southold Governing Applications f or Water (Brants. Resolutions of the Trustees adopted June 12, 1894. Resolved, 1st, That no grants of land under water be hereafter made, unless the applicant make affidavit that he intends forthwith to appropriate the lands applied for, to the purposes of commerce, by erecting thereon a dock or docks, or that the land is proper for the purpose of the beneficial en- joyment of the owner, specifying which, and stating in what manner the said enjoyment will be beneficial. 2d. That this Board will not act upon any application for lands under water, unless the same be accompanied with an accurate map of the land applied for, and those adjoining, and by a full and accurate description of the former. 3d. M And no grants for beneficial enjoyment shall be made when the Board shall deem it necessary that the grant of such land should be made to promote the commerce of this State. •' 4th. The following requirements must be observed in making applications, and all affidavit must be made upon blanks, which will be furnished on application, by the Clerk of the Board of Trustees. Resolved, That the patent fee of five dollars shall be charged for each separate parcel of land un- der water applied for �OCUM�NTS, MAPS, Etc. To be presented to the Trustees by applicants for grants of land under water. 1. An affidavit of the publication of the notice of application for four weeks successively, in a newspaper printed in the Town of Southold. The notice must contain a concise description of the land under water, and give the name of the actual occupant or occupants of the uplands, and the boundaries of the same by the adjoining lands, by giving the names of the owners of such adjoining lands. It must also state the quanti,y of the land applied for. The exact courses and distances must be givrn in the description in said notice in words of full length, and the said notice must also contain a statement of the soundings, once in fifty feet on the whole exterior water-lines The first publication of said notice must be at least twenty-eight days be- fore the date of application. 2. An affidavit showing that a printed copy of said notice of application was put up on the door of the Town Clerk's office of the Town twenty-eight days before the date of application. 3. An affidavit of the applicant that he intends forthwith to appropriate the land applied for, to the purposes of commerce, by erecting thereon a dock or docks; or that the land is necessary and proper for the purpose of his beneficial enjoyment of the same, stating in what respect it will be so beneficial, and the reasons therefor. Said affidavit shall also state whether the land applied for is situated within the corporate lim- its of any incorporated village, and, if so, shall state in what incorporated village the said land is so si tuated. Said affidavit shall also state that the matters of fact set forth in the printed notice are true to the best of the knowledge and belief of said applicant. In cases of application for grants for beneficial enjoyment the said affidavit of the applicant shall also conform to the following requirements Said affidavit shall state the assessed value of the uplands owned by applicant adjacent to the lands applied for on the next preceding assessment-roll of the town and also shall state the area of said uplands. 4. When the lands applied for are situated within the corporate limits of an incorporated vil- ]age, an affidavit of the personal service of a copy of the printed notice on the president or clerk of the village, at least twenty-eight days previous to the making of such application. 5. When the lands applied for are not within the corporate limits of any village an affidavit of personal service of a copy of the printed notice on the town clerk of the town at least twenty-eight days before the making of such application. 6. In cases of applications for beneficial enjoyment an affidavit of three disinterested freeholders of the town stating what, in their opinion, is the value of the lands applied for. Said affidavit shall be followed by an offer subscribed by the applicant of a sum of money which he will pay for the lands applied for in case the Trustees determine to make the grant thereof. 7. Proof by affidavit by some disinterested person or persons of a possession of twenty years or more next preceding the time of application, with claim of ownership by the applicant himself, or by himself and those under whom he claims The affidavit of possession must state the acts of owner- ship or use, which ate alleged to constitute the possession. 8 Accurate maps and surveys upon tracing cloth, of the lands under water applied for, and also of the adjoining upland owned by the applicant. Such maps const show the general course of the shore a distance of one-half mile in each direct- ion front the land applied for, as well as the particular c,>urse at the point where the grant is applied for. The maps must also show the lands of adjoining owners on each side, and any adjacent docks bulk-heads or other improvements thereon ; and, if the water bo a creek or narrow channel, the width of such channel or creek, together with an outline of each shore to extend one-half mile upon both sides of the creek above and below the land applied for, providing the creek is less than two miles wide. Said maps must also show the courses and distances of the boundaries of the lands ap- plied for, and the depth of the soundings once in fifty feet on the whole exterior water-lines. The map and survey as to each of the above facts must be verified by an affidavit of the Surveyor. The point of beginning of survey of the land applied for shall be defined by its true course from some prominent object when practicable.