1819 New York Statute Authorizing David Pell and Benjamin Underhill To Build Mills on Eastchester Creek in Pelham Manor

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In 1819, the New York State legislature passed a statute authorizing David Pell and Benjamin Underhill to erect a grist mill and a saw mill on Eastchester Creek in the Town of Pelham. The text of the statute appears immediately below, followed by a citation to its source.

"FORTY-SECOND SESSION.

CHAP. LVII.

AN ACT authorizing David I. Pell and Benjamin H. Underhill to erect Mills on the Creek between East-Chester and Pelham, in Westchester County.

Passed March 19, 1819.

Preamble.

WHEREAS by an act of the legislature, passed April ninth, eighteen hundred and five, there was granted to David I. Pell, Abijah Barker and Theodosius Hunt, the right to erect a grist mill and a saw mill, if they found it convenient, on the creek which divides the town of Pelham from the town of Eastchester, at or near a place called Fisher's landing, and near the turnpike bridge over the said creek: Provided, The same was erected within the term of six years after the passing of the said act: And whereas, The said grant has not been used for the purpose aforesaid; and the said David I. Pell, together with Benjamin H. Underhill, hath, by the petition of a number of the inhabitants of the towns of Pelham and Eastchester, prayed for a renewal of the grant, to be made to the said David I. Pell and Benjamin H. Underhill: Therefore,

Site of the dam.

1. Be it enacted by the people of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the said David I. Pell and Benjamin H. Underhill, and their heirs and assigns, to erect and build a dam and gristmill, and a saw mill, if they shall deem it expedient to build a saw mill, on the creek which divides the towns of Eastchester and Pelham, at some place near Fisher's landing, and near the turnpike bridge over the said creek; and that they shall procure, at their own expense, the necessary land for the said purpose, on each side thereof:

Proviso.

Provided always, and it is hereby enacted, That such mill dam shall not be higher than the surface of the salt meadows lying on the creek above the said dam; nor shall the said salt meadows be drowned or injured thereby: and that in all cases of such injury, the owners and possessors of such meadows shall respectively have their remedy at law therefor, against the said David I. Pell and Benjamin H. Underhill, and their respective heirs and assigns: Provided always, That it shall at all times hereafter be competent for the legislature to amend this act, so as more effectually to prevent any public or private injury which may result from the erection of the said dam.

Conditions to be complied with.

II. And be it further enacted, That in the erection of the before mentioned grist mill, (if placed near the said bridge or road) that then the water wheel shall be covered and hid from view: and when completed for grinding, the said David I. Pell and Benjamin H. Underhill, and their respective heirs and assigns, shall, and are hereby bound, to keep and maintain one good and sufficient run of stones, and a bolt, for the use and accommodation of the inhabitants of the towns of Eastchester and Pelham; and if two run of stones shall be erected in said mill, and the business of the country should require it, that then both run shall be employed for the use and accommodation of the inhabitants aforesaid, and to grind for them at the accustomed toll of the neighbouring [Page 63 / Page 64] mills:

Proviso.

Provided always, That if the said dam and mill shall not be completed within the term of three years, so that there be one good and sufficient run of stones and bolt ready for the use of the inhabitants of the said two towns, then the privileges hereby granted shall be null and void."

Source: Laws of the State of New-York, Passed at the Forty-Second, Forty-Third and Forty-Fourth Sessions of the Legislature From January 1819 to April 1821, Vol. V, pp. 63-64 (Albany, NY: William Gould & Co., 1821).

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