Account Book of Annual Meetings of the Proprietors of Montauk, N.Y., with Vote Lists, 1857-1879

[front book cover]

Montauk Proprietors Meetings Records And Note List 1857 to 1879

An Act

To incorporate the proprietors of Montauk lands, in the town of East Hampton, in Suffolk County.

Passed April 2, 1852, three fifths being present

The People of the State of New York represented in Senate and Assembly do enact as follows:

Section 1. Samuel B. Gardiner, David H. Huntting, John T. Dayton, John Baker, Henry P. Hedges, Wilkes Hedges and Maltby G. Rose, and their associates, the proprietors of the individual lands of Montauk, in the town of East Hampton in the County of Suffolk, are hereby constituted a corporation; and the seven persons above named shall be the first trustees of Montauk and they and their successors in office shall be known as the trustees of Montauk, and said seven persons shall hold said office of trustees, until the first Monday of December, one thousand eight hundred and fifty two.

Section 2. It shall be lawful for the said proprietors of the undivided lands of Montauk to meet on the first Monday of December, one thousand eight hundred and fifty two, and annually thereafter on the first Monday of December in each year, and in such place, and at such time of the day, as the trustees for the time being, shall appoint by notice as is hereafter provided;

and at every such meeting, the said proprietors of Montauk or a majority of such of them as shall be present, shall have power to make such rules and regulations for improving, managing, governing, and using such lands as they may deem proper; and at any such meeting, so to be held on the first Monday of December one thousand eight hundred and fifty two, and at every annual meeting thereafter to be held, the said proprietors, or a majority of such of them as shall be present in person or by attorney, shall, and may elect seven persons being proprietors of Montauk, who shall be called the trustees of Montauk; and in the choice of trustees, also in making bylaws and regulations, and all other business done at such meetings, each proprietor owning one half eighth part of a share, shall have one vote; and each proprietor shall have one vote for every half eighth of a share, up to one share; and as to any interest over and above one share, each proprietor shall cast one vote for every eighth part of a share which he may own over and above one share.

Section 3. Three weeks previous notice shall be given by said trustees of said meeting of proprietors, to be held on the first Monday in December, one thousand eight hundred and fifty two, by posting three written or printed notices of the time and place of such meeting in three public places in the town of East Hampton, and the like number in three public places in the town of Southampton, and any annual or special

meeting of said proprietors may be called by the trustees of Montauk at any time, they giving the like notice aforesaid.

Section 4. The said trustees shall have the superintendance of the said lands of Montauk, and shall have power to make such by-laws, rules and regulations for managing governing, using and improving the same, as a majority of them from time to time may deem necessary: provided, however, such by-laws, rules and regulations do not contravene those made by the said proprietors at any of their meetings: which by-laws, rules and regulations so made by said trustees, as also those made by said proprietors at their meetings, shall be entered in a book to be provided for that purpose by the clerk to be appointed by said trustees; and said trustees at their first meeting, shall elect one of their number chairman, who shall preside at their meetings, and have a casting vote and none other, and at such meeting they shall likewise elect one of their number clerk; provided, however, that said trustees may elect the same person ^both^ chairman and clerk, and in such case, the person thus elected shall perform the duties both of clerk and chairman. It shall be the duty of the clerk to enter in said book by him provided the name of each proprietor, and the amount of interest in said Montauk lands to him or her belonging, and no proprietor shall be entitled to a vote at any meeting of the said proprietors unless his or her name be entered as aforesaid in

in said book. A majority of said trustees shall form a quorum competent to the transaction of business.

Section 5. The said trustees shall have power to bring and maintain suits for all injuries and causes of action done or accruing to said proprietors, whether by trespass on said lands, by breach of said by-laws, or by breach of any contract, or howsoever accruing or of whatsoever nature, and to recover therein for the use of said proprietors.

Section 6. It shall not be lawful for any proprietor or proprietors of the said lands of Montauk to cut or carry away from the same any wood, timber, or grass or any other produce of the land whatsoever or to plow, plant or sow, or in any other way to use or occupy the said land, or any part thereof, by reason of being proprietors or tenants in common thereof, otherwise than in conformity to such rules and regulations as shall be established by the proprietors at their meetings, or by said trustees and the said trustees shall be bound by such by-laws, rules and regulations, in the same manner as other persons.

Section 7. This act shall not affect the Montauk tribe of Indians, nor their right, title or interest in and to said Montauk lands.

Section 8. This act shall take effect immediately.