Laws of New York, Seventy-fifth session

Chapter 139

AN ACT to incorporate the proprietors of Montauk lands, in the town of Easthampton, 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:

  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 undivided lands of Montauk, in the town of Easthampton, 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.
  2. It shall be lawful for the said proprietors of the undivided lands at Montauk, to meet on the first Monday of December, one thousand eight hundred and fifty-two, and and annually thereafter on the first Monday of December on 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 hereinafter provided; and at every such meeting, the said proprietors of Montauk, or a majority such of them as shall be present, shall have power to make such rules and regulations for improving, managing, governing an 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 may 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 by-laws 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.
  3. Three weeks previous notice shall be given by said trustees of said meetings 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 Easthampton, 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.
  4. The said trustees shall have the superintendence of the said lands of Montauk, and shall have power to make such by-laws, rules and regulations for managing, governing, using and improving same, as a majority of them from time to time may deem necessary: provided, however, such by-laws, rule and regulations do not contravene those made by the said proprietors at any of their meetings; which bylaws, 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 purposed by the clerk to be appointed by said trustees; and said trustees, at their first meeting, shall elect one of their number clerk; provided, however, that said trustees may elect the same person both clerk and chairman, and in such case the person thus elected shall perform the duties of both 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 in said book. A majority of said trustees shall form a quorum competent to the transaction of business.
  5. The said trustees shall have power to bring and maintain suits for all injuries and causes of action done or accruing to the 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.
  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, 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, rule and regulations, the same manner as other persons.
  7. This act shall not affect the Montauk tribe of Indians, nor their right, title or interest in and to said Montauk lands.
  8. This act shall take effect immediately.