Pelham's 19th Century Boundary Dispute with New Rochelle
As early as the 1860s, the Towns of Pelham and New Rochelle began battling over the boundary between the two in the area nearest Long Island Sound. There was an area of about fifty acres that both towns claimed. A number of homes stood on the disputed land and New Rochelle collected property taxes on the properties despite the fact that Pelham claimed that the land was within the Town of Pelham based on a boundary set by surveyor Captain Abraham Bond and reflected in a filed map dated 1711 and reaffirmed in a surveyor's map of the Town of Pelham dated 1798 prepared by James Davenport.
In 1897, Town of Pelham Supervisor John M. Shinn convinced the Board of Supervisors of Westchester County to reaffirm the boundary reflected in the maps dated 1711 and 1798. This, of course, effectively placed the disputed lands within the Town of Pelham, thereby permitting Pelham to collect real estate taxes on the properties within the disputed 50-acre tract.
A major lawsuit followed. That lawsuit took several years to resolve with the courts eventually siding with Pelham and adjudging the boundary consistent with the 1711 and 1798 maps, thereby finding the disputed 50-acre tract to be within Pelham.
Still, the dispute simmered. It was not until 1927 when the Westchester County Board of Supervisors passed a law defining the boundary by metes and bounds that, once again, followed the boundary set by the 1711 and 1798 maps and seemed consistent with the boundary as shown in a map of the area published by John F. Fairchild in 1898.
I have written about this dispute on numerous occasions. For examples, see:
Mon., May 11, 2015 1798: Surveyor's Map of the Town of Pelham And Copy of 1711 Map of Pelham Border with New Rochelle.
Tue., Feb. 10, 2009: Another Article About the 19th Century Boundary Dispute Between Pelham and New Rochelle.
Mon., Sep. 17, 2007: Articles About the 19th Century Boundary Dispute Between Pelham and New Rochelle.
Thu., Mar. 16, 2006: 1869 New York Herald Article About Pelham's Boundary Dispute With New Rochelle.
In 1899, in the midst of the lawsuit that eventually settled the matter and shortly after a temporary legal setback for the Town of Pelham, the Supervisor of the Town of New Rochelle had the County Clerk enter into the minutes of the Annual Session of the Board of Supervisors of the County of Westchester much of the legal material from the lawsuit that reflected New Rochelle's temporary victory. Today's Historic Pelham history article transcribes that material for future research purposes.
Image of Original Surveyor's Map by James Davenport Entitled "Town of Pelham
NOTE: Click on Image to Enlarge.
Image of Copy of James Davenport Surveyor's Map Entitled
NOTE: Click on Image to Enlarge.
Copy of 1711 Bond Map Drawn by James Davenport Entitled
by Jas. Davenport." NOTE: Click on Image to Enlarge.
* * * * *
"Annual Session OF THE Board of Supervisors, Westchester County, N. Y. 1898-'99
-----
FRIDAY, MARCH 10th, 1899.
Board met pursuant to adjournment.
Mr. Secor in the chair and a quorum of members present. . . .
Mr. Shinn presented the following affidavit, writ of prohibition and order of the court:
SUPREME COURT, WESTCHESTER COUNTY.
State of New York, City and County of New York } ss.
John M. Shinn being duly sworn, deposes and says:
I. That he is the supervisor of the town of Pelham, a municipal corporation, in the county of Westchester and state of New York, and has been such at all the times mentioned herein.
II. That heretofore and on or about March 16th, 1898, the Board of Supervisors of Westchester County upon proceedings duly instituted on behalf of the Town of Pelham under Section 36 of the County Law, and after hearing testimony on behalf of the Towns of Pelham and New Rochelle and upon a report of its Judiciary Committee, passed the following act.
'AN ACT to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to Section 36 of Chapter 686 of the Laws of 1892, and acts amendatory thereof, and supplementary thereto, by the Board of Supervisors of the County of Westchester, at a regular meeting duly assembled on the 16th day of March, 1898, at least two-thirds of all the members elected thereto being present, and voting therefor, 28 votes being cast in favor of and 1 vote against its passage, do enact as follows:
'Section 1. Whereas, the boundary line between the towns of Pelham and New Rochelle has been in dispute and application having been duly made in accordance with the statute to have such boundary line located and defined.
'Section 2. Therefore, resolved, that the disputed portion of said boundary line between the Towns of Pelham and New Rochelle shall be, and the same is hereby fixed, located, established and defined as follows:
'Beginning at its northern point at the centre of the Hutchinson River, seventy three feet south of the centre of the bridge known as the Archer Bridge, and running thence southerly through or about the north end of the stone wall at the northeast corner of the Jacob Heller property, marked 'o' upon a map, and through the intersection of the old stone wall forming the boundary line between the properties of B. F. Corlies, Sycamore Park and others, with the stone wall marking the southerly side of the old Boston Post Road, said intersection of said straight line with the line surveyed by Schuyler & Crosby as the town line, south of the angle at the northerly edge of the big swamp as shown upon map No. 615 on file in the office of the Register of Westchester County, said intersection point being marked 'C' upon annexed map.
'The said dividing line between the towns as herein described, being the same, as near as can be determined, as shown upon a map made by Captain Bond in the year 1811, and as laid down on a copy of said map made by John Davenport in 1798, and now on file in the office of the State Engineer and Surveyor.
III. This act shall take effect immediately.'
That said Board of Supervisors thereafter and on or about April 1st, 1898, duly adjourned sine die.
Section 3. That thereafter the Board of Supervisors of Westchester County composed of the newly elected supervisors of the several towns and cities in said county, elected in the Spring election of 1898, met on or about April 15th, 1898 pursuant to a call for a special meeting: that at said meeting Michael J. Dillon, the newly elected supervisor from the town of New Rochelle, introduced the following proposed resolution or act 'An act or resolution to repeal:
'An act to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to Section 36 of Chapter 686 of the Laws of 1892 and acts amendatory thereof and supplementary thereto, by the Board of Supervisors of the County of Westchester, at a regular meeting duly assembled on the 16th day of March, 1898.'
That on or about April 22nd, 1898 at a subsequent meeting of said board, said resolution was submitted to a vote of the board against the objection and protest of deponent as supervisor of the Town of Pelham in the following words:
'That the Board of Supervisors have no jurisdiction on the ground that the line has been established by a previous board and that the act has become a part of the Statute Law of the State of New York, and that if New Rochelle disputes the boundary line as establshe by that act, the only way that another line can be established is by petition to this board in accordance with Section 36 of the County Law under which the present line was established.'
V. That said board duly convened pursuant to said order and writ on May 31st, 1898, and said resolution of April 22nd, 1898 was declared duly rejected. That at said meeting Michael J. Dillon, supervisor of New Rochelle, moved 'that the vote by which the repeal resolution and act relating to the boundary line between the Towns of New Rochelle and Pelham, declared adopted at a meeting of this board held on April 22nd, 1898 be reconsidered, and that the same lay over and be acted upon at the next special or regular meeting of this board.' Deponent as supervisor of the Town of Pelham objected and raised the following point of order 'that the Board of Supervisors have no jurisdiction on the ground that the line has been established by a previous board, and the act has become a part of the Statute Law of the State of New York and that if New Rochelle disputes the boundary line as established by that act, the only way that another line can be established is by petition to this board in accordance with Section 36 of the County Law under which the present line was established' also 'that this board having been called together for a certain specific purpose by a writ issued out of the Supreme Court and that purposes having been accomplished any further business transacted by this board would be illegal and void.' The chairman decided to admit the motion made by said Michael J. Dillon.
VI. That a special meeting of the said board has been called for Thursday, July 14th at 10.30 a.m. at White Plains at which certain specified business will be considered as also 'such other and further business as may come or be brought before the meeting.' That deponent is informed and verily believes that the said motion of said Michael J. Dillon offered on May 31st, 1898 on behalf of the Town of New Rochelle a municipal corporation will be acted upon by said board, and said motion carried.
VII. That the said board has no jurisdiction to entertain said Dillon motion as proceedings by the Town of New Rochelle to change disputed boundary line must be taken according to the provisions of Section 36 of the County Law; that the board having made a determination upon disputed facts, on a judicial hearing, the matter became res judicata; that the said order of the court allowing a writ of peremptory mandamus to issue, is also conclusive upon the said board on the questions of procedure and jurisdiction and the facts set forth in said order.
VIII. That adequate relief can only be had by writ of prohibition, restraining the Board of Supervisors of Westchester County from further proceeding in this matter.
IX. That no previous or other application has been made for a writ of prohibition thereon to any judge or court.
Wherefore, the Town of Pelham prays that a writ of prohibition be issued out of this court directed to the Board of Supervisors of the County of Westchester and to the Town of New Rochelle, commanding the Board of Supervisors of Westchester County to refrain and desist from any further action in the premises.
JOHN M. SHINN,
Supervisor, Town of Pelham.
Sworn and subscribed to before me this 13th day of July, 1898, } ss.
ROBERT A. STEWART,
Notary Public 221,
New York County.
At a Special Term of the Supreme Court held in and for the County of Westchester at the County Court House in the Village of White Plains on the 21st day of May, 1898.
Present Hon. Jackson O. Dykman, Justice.
EXHIBIT A.
Supreme Court, Westchester County.
The People of the State of New York on the relation of John M. Shinn as Supervisor of the Town of Pelham
- against -
Chauncey T. Secor as Chairman of the Board of Supervisors of Westchester County, Edwin R. Hopkins as Clerk of the Board of Supervisors of Westchester County and The Board of Supervisors of Westchester County.
On reading and filing the affidavit of John M. Shinn, as Supervisor of the Town of Pelham, verified the 26th day of April, 1898, and the notice of motion therein dated the 26th day of April, 1898, of an application for a writ of peremptory mandamus with proof of due service thereof upon all of the defendants herein, and upon all the proceedings had herein, and it appearing from said papers that the relator is the Supervisor of the Town of Pelham, Westchester County, New York; that on proceedings heretofore instituted by the Town of Pelham under Section 36 of the County Law relating to the establishment of disputed boundary lines between Towns, the Board of Supervisors of the County of Westchester on or about March 16th, 1898, passed an act entitled
'An act to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to Sections 36 of Chapter 686 of the Laws of 1892 and acts amendatory thereof and supplementary thereto by the Board of Supervisors of the County of of Westchester at a regular meeting duly assembled on the 16th day of March, 1898 at least two-thirds of all the members elected thereto, being present, and voting therefor, 28 votes being cast in favor of and 1 vote against its passage, do enact as follows:
'Section 1. Whereas the boundary line between the Towns of Pelham and New Rochelle has been in dispute and application having been duly made in accordance with the statute to have such boundary located and defined.
'Section 2. Therefore, resolved, that the disputed portion of said boundary line between the Towns of Pelham and New Rochelle shall be and the same is hereby fixed, located established and defined as follows:
'Beginning at its northern point at the centre of the Hutchinson River, seventy-three feet south of the centre of the bridge known as the Archer Bridge, and running thence southerly through or about the north end of the stone wall at the northeast corner of the Jacob Heller property, marked 'O' upon a map, and through the intersection of the old stone wall forming the boundary line between the properties of B. F. Corlies, Sycamore Park and others, with the stone wall marking the southerly side of the old Boston Post Road, said intersection of said straight line with the line surveyed by Schuyler & Crosby as the Town Line, south of the angle at the northerly edge of the big swamp as shown on map No. 615 on file in the office of the Register of Westchester County, said intersection point being marked 'C' upon annexed map.
'The said dividing line between the towns as herein described being the same as near as can be determined as shown upon a map made by Captain Bond, in the year 1811 and as laid down on a copy of said map made by John Davenport in 1798 and now on file in the office of the State Engineer and surveyor.
'Section 3. This act shall take effect immediately.'
That thereafter said board adjourned; that thereafter and on or about April 15th, 1898 the Board of Supervisors of Westchester County composed of supervisors from the different cities and towns of the County of Westchester elected in the Spring election of 1898, met in special meeting; that at said meeting the Supervisor of the Town of New Rochelle, Michael J. Dillon, offered the following resolution and proposed act, entitled 'An Act or resolution to appeal.'
'An Act to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to Section 36 of Chapter 686 of the Laws of 1892 and acts amendatory thereof and supplementary thereto, by the Board of Supervisors of the County of Westchester, at a regular meeting duly assembled on the 16th day of March, 1898,' which resolution was laid upon the table.
That on or about April 22nd, 1898 said resolution and proposed act was taken from the table and submitted to a vote of the said Board of Supervisors by the chairman thereof, Chauncey T. Secor, against the objection and protest of the relator in the following words:
'That the Board of Supervisors have no jurisdiction on the ground that the line has been established by a previous board and that the act has become a part of the Statute Law of the State of New York, and that if New Rochelle disputes the boundary line as established by that act, the only way that another line can be established is by petition to this board in accordance with Section 36 of the County Law under which the present line was established.'
That said resolution received an affirmative vote of 16 supervisors and a negative vote of 12; that said Chauncey T. Secor as chairman thereupon declared said resolution and act carried and thereafter Edwin R. Hopkins as clerk of said board, thereupon entered said decision in his minutes. That said Chauncey T. Secor thereupon, upon motion made, appointed a committee to pass upon the question of the alleged disputed boundary line between said Towns of Pelham and New Rochelle, and the said clerk entered said resolution and appointment in his minutes of said board meeting. That the said Board of Supervisors of the County of Westchester consists, and on April 15th and 22nd, 1898, did consist of 22 members. That by Section 17 of the County Law it is provided that every act or resolution of the Board of Supervisors shall require for its passage the assent of a majority of the supervisors elected. That said alleged act or resolution of April 22nd required for its passage the affirmative vote of 17 supervisors; that the aforesaid decision of said Chauncey T. Secor as chairman was contrary to the law in such cases made and provided, and was illegal and wrong; that he should have declared such resolution or act to appeal lost, and rejected; and that the motion to appoint a committee upon the question of the alleged disputed boundary line between the Towns of Pelham and New Rochelle should not have been entertained by said Chauncey T. Secor as chairman, nor should he have appointed a committee thereunder. That said unlawful and illegal acts of said Chauncey T. Secor caused said Edwin R. Hopkinsas Clerk of the Board of Supervisors to enter upon the minutes of the meetings of said board of April 15th and 22nd, 1898 a record of wrongful and illegal acts.
And after hearing G. K. Heath, Esq., in Support of the motion and J. Addison Young, Esq. in opposition theretof,
Now on motion of Henry G. K. Heath, Esq., attorney for the relator,
It is ordered that a Peremptory writ of mandamus forthwith issue out of and under the seal of this court directed to Chauncey T. Secor as chairman of the Board of Supervisors of Westchester County; to Edwin R. Hopkins as clerk of the Board of Supervisors of Westchester County and to The Board of Supervisors of Westchester County, requiring said Chauncey T. Secor as Chairman of the Board of Supervisors of Westchester County to declare lost and rejected the proposed resolution or act offered by Michael J. Dillon as supervisor of the Town of New Rochelle, entitled 'An act or resolution to repeal.'
'An Act to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to section 36 of Chapter 686 of the Laws of 1892 and acts amendatory thereof and supplementary thereto, by the Board of Supervisors of the County of Westchester, at a regular meeting duly assembled on the 16th day of March, 1898,' which proposed resolution or act was submitted to the vote of the Board of supervisors of Westchester County on April 22nd, 1898; and further to declare out of order a certain resolution offered at the meeting of said board on April 22nd, 1898, empowering said Chauncey T. Secor as chairman to appoint a committee to pass upon the question of the disputed boundary line between the Towns of Pelham and New Rochelle, and to revoke said appointment of said committee made thereunder. And requiring said Edwin R. Hopkinis as clerk of the Board of Supervisors of Westchester County to correct the minutes of the meeting of said board on April 22nd, 1898, so that it shall appear that said resolution offered by Michael J. Dillon on April 16th, 1898, to repeal the act of March 16th, 1898, and which was submitted to the vote of the Board of Supervisors on April 22nd, 1898, was lost and rejected. That the motion or resolution to appoint a committee to pass upon the disputed boundary line between the Towns of Pelham and New Rochelle offered on April 22, 1898, was declared out of order by the chairman of this board, and that no committee was appointed thereunder.
And requiring you, the Board of Supervisors of the County of Westchester, to forthwith convene at the County Court House in the village of White Plains to take such proceedings as may be necessary to carry into effect the order of this court as contained in said writ of peremptory mandamus to be issued thereunder.
It is further ordered that the relator recover from the defendants the sum of ten dollars costs of these proceedings.
Enter.
J. O. DYKMAN, J. S. C.
Supreme Court, Westchester County.
The People of the State of New York on the relation of John M. Shinn as Supervisor of the Town of Pelham
-- against --
Chauncey T. Secor as Chairman of the Board of Supervisors of Westchester County, Edwin R. Hopkins as Clerk of the Board of Supervisors of Westchester County and The Board of Supervisors of Westchester County.
EXHIBIT B
The People of the State of New York to Chauncey T. Secor as Chairman of the Board of Supervisors of Westchester County; to Edwin R. Hopkins as Clerk of the Board of Supervisors of Westchester County:
Whereas the relator as Supervisor of the Town of Pelham has upon due notice to all of the defendants herein made application to this court at a special term thereof, held in and for the County of Westchester, for a writ of Peremptory Mandamus directed to the defendants herein to have said defendants perform their several duties as prescribed by law, and
Whereas this Court has by order duly made and entered in the office of the Clerk of the County of Westchester on the 21st day of May, 1898, ordered and directed that a writ of peremptory Mandamus issue directed to the defendants as prayed for in the application of the relator herein.
Now therefore, we being willing that full and speedy justice be done in your behalf,
Command you and each of you firmly enjoying that immediately upon the receipt of this writ that
You the said Chauncey T. Secor as Chairman of the Board of Supervisors of Westchester County to declare lost and rejected the proposed resolution or act offered by Michael J. Dillon as Supervisor of the Town of New Rochelle entitled 'An act or resolution to repeal.'
'An Act to fix, locate, establish and define the disputed boundary line between the Towns of Pelham and New Rochelle in the County of Westchester, passed pursuant to Section 36 of Chapter 686 of the Laws of 1892 and acts amendatory thereof and supplementary thereto, by the Board of Supervisors of the County of Westchester, at a regular meeting duly assembled on the 16th day of March, 1898.
Which proposed resolution or act was submitted to the vote of the Board of Supervisors of Westchester County on April 22nd, 1898, and that you declare out of order a certain resolution offered on said April 22nd, 1898, empowering you as chairman to appoint a committee to pass upon the question of the disputed boundary line between the Towns of Pelham and New Rochelle and that you revoke the appointment of such committee made under the foregoing resolution.
That you Edwin R. Hopkins, as Clerk of the Board of Supervisors of Westchester County correct the minutes of the meeting of the Board of Supervisors of Westchester County of April 22nd, 1898, so that it shall appear that said resolution offered by Michael J. Dillon on April 15th, 1898, to repeal the act of March 16, 1898, was lost and rejected. That the motion to appoint a committee to pass upon the disputed boundary line between the Towns of Pelham and New Rochelle offered on April 22nd, 1898, was declared out of order by the chairman of said board, and that no committee was appointed thereunder.
And that you The Board of Supervisors of Westchester County forwith convene at the County Court House in the village of White Plains to take such proceedings as may be necessary to carry into effect the mandate of this court as provided in this writ.
LEVERETT F. CRUMB,
(Westchester Couonty Seal) Clerk.
The People of the State of New York
to
The Board of Supervisors of the County of Westchester, and to the Town of New Rochelle.
Whereas, The Town of Pelham in the County of Westchester, by John M. Shinn, its supervisor has presented to the supreme court of the state of New York, on the 13th day of July, 1898, the fact upon affidavit that the board of supervisors of Westchester County, without jurisdiction and legal authority, are about to and threaten to entertain and pass a motion offered by Michael J. Dillon, supervisor of the town of New Rochelle, which would set aside and repeal an act of said board, duly passed March 16th, 1898, fixing the disputed boundary lines between the towns of New Rochelle and Pelham, after having heard all parties interested upon proceedings instituted to fix and determine such disputed boundary line pursuant to Section 86, of the county law.
Wherefore, The Town of Pelham, has prayed relief of our court and our writ of prohibition in that behalf, we therefore being willing that the laws of our state should be observed, do command youo that you desist and refrain from taking any action upon a certain proposed resolution or motion offered by Michael J. Dillon, as supervisor of the town of New Rochelle, May 31st, 1898, to reconsider a vote by which the repeal resolution and act, relating to the boundary line between the towns of New Rochelle and Pelham Manor [sic], was declared adopted at a meeting of this board, and that said board desist and refrain from taking action of any nature tending to affect the act of March 16th, 1898, passed by said board, fixing the disputed boundary line between the towns of New Rochelle and Pelham, and that you show cause before a special term of the supreme court, of the state of New York, at a special term thereof to be held at the county court house, in the village of White Plains, Westchester County, on the 23rd day of July, 1898, at ten o'clock in the forenoon or as soon thereafter as counsel can be heard, why you should not be absolutely restrained from any further proceeding in respect to said act of March 16th, 1898, which fixed and determined the disputed boundary line between the towns of New Rochelle and Pelham, and from all and any action tending in any manner to effect, limit or avoid said act of March 16th, 1898.
Witness, Hon. William D. Dickey, justice of the supreme court, in and for the second judicial department, at the county court house, in the city of New York, Borough of Brooklyn, and county of Kings, this 13th day of July, 1895.
By the Court,
[SEAL.] LEVERETT F. CRUMB, Clerk.
HENRY G. K. HEATH,
Attorney for Relator,
Office and P. O. Address,
No. 6, Union Avenue,
New Rochelle, N. Y.
At a special term of the supreme court, held in and for the second judicial department, at the county court house, in the city of New York, Borough of Brooklyn, and county of Kings, on the 13th day of July 1898.
Present, Hon. William D. Dickey, Justice.
The People of the State of New York, on the Relation of the Town of Pelham,
against,
The Board of Supervisors of the County of Westchester, and the town of New Rochelle.
On reading and filing the petition of John M. Shinn, Supervisor of the town of Pelham, verified July 13th, 1898, and on motion of Henry G. Heath, attorney for said petitioner.
It is ordered that a writ of prohibition issue out of this court, to the board of supervisors of Westchester County, and to the town of New Rochelle, commanding the said board of supervisors of Westchester County, to desist and refrain from taking any action upon a certain proposed resolution or motion offered by Michael J. Dillon, as supervisor of the Town of New Rochelle, on May 31st, 1898, to reconsider a vote by which the repeal resolution and act, relating to the boundary line between the towns of New Rochelle and Pelham, was declared adopted at a meeting of said board, held on April 22nd, 1898, and that the same lay over and be acted upon at the next special or regular meeting of this board, and that said board desist and refrain from taking any action of any nature tending to affect the act of March 16th, 1898, passed by said board, fixing the disputed boundary lie between the towns of New Rochelle and Pelham, and that said writ be returnable on the 23rd day of July next, at the opening of the court on that day, at a special term of this supreme court to be held in the county court house in the village of White Plains, Westchester County.
Enter in Westchester Co.
Enter
WILLIAM D. DICKEY,
J. S. C.
Granted July 13, 1898.
WM. P. GREEST,
Clerk.
Mr. Dillon presented the following order of the court 'denying motion for writ of prohibition' and moved that all papers in the case be entered upon the minutes, which motion was declared carried:
At a special term of the supreme court held in the county court house, in White Plains, on the 23d day of July, 1898.
Present -- Hon. Martin J. Keogh, Justice.
The People of the State of New York, on the relation of John M. Shinn, as Supervisor of the town of Pelham
against
Chauncey T. Secor, as Chairman of the Board of Supervisors of Westchester County, Edwin R. Hopkins, as Clerk of the Board of Supervisors of Westchester County, and the Board of Supervisors of Westchester County.
The defendant herein, the board of supervisors of Westchester County, having by their counsel appeared when the writ of prohibition granted herein was returnable and filed their separate return thereto, and the town of New Rochelle also having appeared by its counsel and filed a return to said writ of prohibition. Now, after reading and filing the affidavit upon which the writ of prohibition was granted and the order for said writ of prohibition, and the writ of prohibition bearing date July 13th, 1898, and after reading and filing the said returns of said writ made as aforesaid, that after hearing Henry G. K. Heath, Esq., in support of a motion for a permanent order or writ of prohibition, in the above entitled proceedings, and J. Addison Young, the attorney for the defendants, aforesaid, in opposition to said motion.
It is ordered and adjudged, that said motion be and the same hereby is denied, and that the relator is not entitled to a writ of prohibition absolute, and that his application therefore be and the same hereby is denied.
It is further ordered that the said defendants recover from the said relator, the sum of ten ($10) dollars costs on this motion.
MARTIN J. KEOGH,
Justice.
State of New York, Office of the County Clerk of Westchester County. } ss.:
I have compared the preceding with the original order denying motion, filed in this office on the 10th day of September, 1898, and do hereby certify the same to be a correct transcript therefrom and of the whole of such original.
In testimony whereof, I have hereunto subscribed my name, and affixed my official seal this 10th day of March, 1899.
(Seal)
LEVERETT F. CRUMB,
County Clerk of Westchester Co. . . .
Mr. Dillon moved a reconsideration of the vote just taken on the resolution presented by him, which motion was declared lost.
Mr. Dillon offered the following act:
An act to repeal an act entitled, 'An act to fix, locate, establish and define the disputed boundary line between the towns of Pelham and New Rochelle, in the county of Westchester, passed pursuant to Section 36 of Chapter 686 of the laws of 1892, and acts amendatory thereof and supplementary thereto, by the Board of Supervisors of the county of Westchester, at a regular meeting assembled on the 16th day of March, 1898.'
Section 1. The act passed by the board of supervisors of Westchester County, on March 16th, 1898, entitled, 'An act, to fix, locate, establish and define the disputed boundary line between the towns of Pelham and New Rochelle, in the county of Westchester, passed pursuant to Section 36 of Chapter 686 of the laws of 1892, and acts amendatory thereof and supplementary thereto, by the board of supervisors of the county of Westchester, at a regular meeting assembled on the 16th day of March, 1898,' is hereby repealed.
(Continued on fourth page.)
Board of Supervisors.
-----
(Continued from first page.)
Section 2. This act shall take effect immediately.
Laid over. . . ."
Source: Annual Session OF THE Board of Supervisors, Westchester County, N. Y. 1898-'99, The Eastern State Journal [White Plains, NY], Mar. 18, 1899, Vol. LIV, No. 52, p. 1, cols. 4-8 & p. 4, col. 1.
Archive of the Historic Pelham Web Site.
Labels: 1711, 1798, Abraham Bond, boundary, Boundary Dispute, James Davenport, Lawsuit, Map, New Rochelle, Pelham Maps, Town of Pelham
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