1834 Statute Authorized Herman Le Roy, Jr. to Dam Creek for an Oyster Bed

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On April 11, 1834, the New York State Legislature passed a piece of private legislation that authorized Herman Le Roy, Jr. of the Town of Pelham to erect a dam at the mouth of a creek running from his lands into Pelham Bay for the purpose of creating "an oyster pond or bed". The statute reads:

"AN ACT authorizing Herman Le Roy, junior, to erect a dam across a creek in the township of Pelham and county of Westchester.

Passed April 11, 1834.

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

H. Le Roy, jr. may erect a dam.

§ 1. Herman Le Roy, junior, of Pelham township in the county of Westchester, his heirs and assigns, are hereby permitted and empowered, for his and their own use and benefit, to erect, construct and keep, across the creek or inlet running from Pelham bay into and surrounded by his lands in said township and county, at the mouth of said creek or inlet, a dam, dike or mound, of such height, shape and materials as may be necessary to enclose or dam up the waters of said creek or inlet, and the land covered thereby, and to apply said last mentioned land to his own benefit as an oyster poind or bed, or any other purpose, provided the extremities of said dam, dike or mound rest upon the said land of the said Herman Le Roy, junior.

May prosecute for trespass.

§ 2. The said Herman Le Roy, junior, his executors, administrators or assigns, may commence and prosecute actions of trespass against all persons trespassing on said land covered with water so enclosed as aforesaid, or doing any injury to the said dam, dike or mound, or the appurtenances, and recover the damages by him or them sustained by such injury."

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