1 Hopk. Ch. 288 | New York Court of Chancery | 1824
The suit of Denton and others against Jackson and others, reported in 2 John. ch. 320, was dismissed from this court, by the late chancellor, for want of proper parties; and his decree was affirmed by the court of errors. The late chancellor was of opinion, that the lands in question, belong to the town of Hempstead ; and that if the town of North Hempstead had any right in these lands, Den-ton and others, who were complainants in that suit, were not competent to represent or sue for North Hempstead. The court of errors in their decree, declared, that the freeholders and inhabitants of North Hempstead,1 are entitled to the use, benefit and enjoyment of these lands, in common with the freeholders and inhabitants of the town of Hempstead; but that no relief could be given in that suit. The'complainants in' this suit, now urge, that the decree of the court of errors, in the suit of Denton against Jackson, has established the title1 of the town of North Hempstead to these lands ; and that the title adjudged by that decree, is no longer open to question.
If the declaration of the court of errors, concerning the rights of the freeholders and inhabitants of North Hempstead, had been made in a suit between the parties now before theeóurt, it might have established a title in the- town of North Hempstead. But it is apparent from the context of the decree @,nd the facts of the ca&e, that the tourt of - errors could not
The decree of the court of errors in the suit of Denton against Jackson, is not explained by any report of the case, or by any opinion given in that court. The only public report of any of the proceedings of the court of errors in that suit, is a note by Mr. Johnson the late reporter, in 7 Johns, ch. 254, of the general index, in which the reporter states, that he was not able to obtain the reasons of the members of the court, who delivered their opinions ; that the grounds of the decision can not be now stated ; and that the judges in assigning their reasons, took very different views of the case.
The merits of this controversy,- were fully examined by the late chancellor, in the suit of Denton against Jackson ; and I concur entirely in his reasons and his conclusions. Some of his opinions concerning the titles and pretensions of these two towns, were expressed hypothetically ; the preliminary question decided by him, being that concerning the rights of the complainants then before the court. Those opinions arc directly applicable to this case ; and I adopt them, as a sound and just exposition of the rights o'f these towns, to the lands in question.- The opinion of the late chancellor, is ample and satisfactory ; and I shall not attempt to repeat ideas-, which have been already so well expressed. Adopting his opinions as I do, I might here, close my examination of this cause. In some respects, I shall do so ;• but I will also give my own views of the principal questions, which the cause presents.
The towns of this state are in my opinion, bodies politic, under the constitution and the laws concerning the powers, privileges and duties- of towns. They are not indeed, declared to be corporations, in the forms and terms, which are usual in Special grants of incorporation ;■ but even in grants to private persons, a body politic may be created, by any terms, which sufficiently express the intention of the creating power. Our towns are civil divisions of our counties-and they are also much more. They have faculties which belong Hot to private persons, and which persons can not confer upon themselves, by any voluntary association. They are little re-: publics recognised by the constitution, defined by the laws, and invested with important powers. Their poxvers are exercised and their municipal concerns are administered, by town meetings, and town officers. They are bodies politic, as cities and states are political bodies ; all differing in the nature find magnitude of their fespeetixm poxvers. A toxvn
The town of Hempstead was invested with power to hold lands, by the patent from the Dutch governor in 1644, and also by the patent from the English governor in 168-5. Both those patents, conveyed the lands within the limits of Hempstead, and constituted the inhabitants of the town, abody corporate, capable of receiving and holding the lands conveyed. Such was the purpose of both patents ; the terms employed in both, express this intention ; and they are not reasonably susceptible of any other interpretation. Both these patents proceeded from the sovereign, a source which had power to grant the title, and also power to create corporations. The lands were intended for the use of the inhabitants of the town ; and the administration of the trust, was committed to the town itself as a corporate body. It is the sense of these patents, and consistent with all the views which can be supposed to have governed either the grantors or the persons obtaining the patents, that the title of these lands should vest and reside in the town, as a political body ; and that the use, appropriation and division of the lands, should be confided entirely to the town, to take place, according to the progress of population and the wants of its inhabitants. These patents, created the town of Hempstead a corporation, with certain powers ; and one of those powers was, a capacity to hold and dispose of the lands which the patents granted. This construction of these patents, is supported by all the practice of the town of Hempstead, from, the times when those patents issued. All the fends within the limits of the town, have either been approptl
When the original town of Hempstead was divided, two new corporations were established, in the place of one ; and each of the new political bodies, had a capacity to hold lands within its own limits. But it seems, that a town has no capacity to hold lands not within its own limits ; and a town can not apply the powers of regulation given by law, to lands situated in another town. If these principles are just, the division of the original town of Hempstead, was in itself an assignment to each of the new corporations, of such of the lands of the preexisting town, as are included in the limits of each respective new town. If these principles are not sound, what others are more justly applicable to this case ? Was the title of the original town of Hempstead, extinguished, when that town ceased in its primitive identity ? This idea cannot be entertained. Was the title transferred to the state? The legislature had no such intention. Did these lands remain the property of the original town, after its division ? This can not be so. How then, was this title disposed of or affected, by the division of the town ? Each new town succeeded to a portion of the lands. Each succeeded by force of the division itself, according to that division and its line, and according to the capacity which each new town acquired to hold land within its limits. The division not only disunited the ancient title, but it severed the lands themselves. The establishment of the two new towns, was not a substitution of two titles in the place of one, to an aggregate of common property ; but it was a division in fact as well as in title, of the subject itself, between the new parties ; a partition. of all the lands, into new and distinct, portions. The
The fourth section of the law dividing the original town of Hempstead, provides, that the inhabitants of South Hemp-stead shall enjoy the right of oystering, fishing and clamming, in the creeks, bays and harbors of Nortli Hempstead; and that the inhabitants of North Hempstead shall enjoy the like privileges, in the creeks, bays and harbors of South Hempstead. This provision sheds a clear light upon the question of partition. It indicates most distinctly, the sense of the legislature, that the division of the town, was a partition of the common property of the town. If the right of fishing in all the waters within the original town, remained a common right of all the inhabitants of both the new towns, notwithstanding the division ; this provision would be unmeaning and useless. It would declare a right which existed before, and which without the declaration, would still exist. It wrould be a provision utterly superfluous and inoperative. But if the legislature considered the erection of the two new towns from one, as involving a partition of the common property of the original town, it was necessary to reserve from the effect of
The law dividing the original town of Hempstead, was enacted, upon an application made to the legislature, for that purpose. The application proceeded from the people of that part of the town, which now forms North Hempstead ; and must have been publicly known, in the town proposed to be divided. The line of division between the two new towns, was in all probability, proposed to the legislature, with the like knowledge of all who were interested in the question ; and was probably, adopted by the legislature, as it was proposed. The original town of Hempstead was thus divided, upon the express application of some, and with the assent of all, who had rights which could be affected by that measure. This people knew their rights; they knew the situation and value of their undivided lands ; they knew the line proposed as the line of division ; they knew the lands which would lie in one of the new towns, and those which would be situated in the other; and they knew, that one town could not regulate or dispose of lands lying in another town, as they had been accustomed to see these lands governed and enjoyed.
The undivided lands which belonged to the original town of Hempstead, at the time of its division, are situated, partly, in each of the new towns. The quantities of these lands, included within the two new towns respectively, do not appear. It is stated in general, that the portion of these lands included in the present town of Hempstead, is considerably greater, than that comprehended in North Hemp-stead ; and no statement more precise, concerning these quantities, is given. Nothing in this cause, shows the values of the respective portions; and it does not appear, whether these portions are equal or unequal in value. Upon this question, important as it is, the parties and the proofs are silent. If there is a disparity in value, between these two portions, it is a fact not alleged or proved in this' cause. As the cause stands, there is no sufficient reason to say, that a partition of these lands between the two new towns, according to the line of division between them, was an inequitable partition, when the town was divided in 1784. Such a partition of all these lands, between the two new towns, may have been equal and just according to all the circumstances of quantity, value, local situation, population and the wants and conveniences of the respective towns, as those circumstances then existed. A partition to be just, should be equal in value, between the joint proprietors, according to their respective rights in the subject. These lands are plains, marshes, meadows, beaches of sand, and lands under water. They are of great extent; the different parts of them, must be very unequal in value ; and the beaches and lands covered with water, must be of much less value, than the plains and meadows. The indefinite fact, that the portion of the whole, which is included in one town, is considerably greater, than that which is situated in the other, is a very uncertain foundation for any conclusion, that the portion
The general conclusions from all these views, are, that the division of the original town of Hempstead in 1784, was a legislative partition of the lands of the town, between the two new towns ; that the partition of these lands by the division of the town, must have been within the contemplation and with the assent of those who solicited, and those who acquiesced in the division; and that the partition so made, was not inequi-table or unjust, in the state of things which then existed.
Upon the whole case, I am of opinion, that the town of North Hempstead has no title to the lands in the town of Hempstead, of which partition is now sought; and that the suit must he dismissed with costs.