Glass Book__i_£Z •/\,N^ COLONIAL HIGHWAYS OF GREATER NEW YORK A DISCUSSION OF THE PRESENT INTEREST OF THE CITY THEREIN REPORTS OF Herman A. MeTZ, Comptroller TO Commissioners of the Sinking Fund 1907-1908 CITY OF NEW YORK BUREAU FOR THE EXAMINATION OF CLAIMS DEPARTMENT OF FINANCE COLONIAL HIGHWAYS OF GREATER NEW YORK , a^r^j^^^r^UM^ A DISCUSSION OF THE PRESENT INTEREST OF THE CITY THEREIN REPORTS OF Herman A. MeTZ. Comptroller TO Commissioners of the Sinking Fund 1907-1908 CITY OF NEW YORK BUREAU FOR THE EXAMINATION OF CLAIMS DEPARTMENT OF FINANCE MARTIN R. BROWN NEWXTiDRK a z o TABLE OF CONTENTS. Certificate of De Witt Clinton 3 Introduction, Herman A. Metz 7-9 Preface, Robert B. Jordan lo-i i B. Bennetts or Cortelyou Lane, with Map 13-13 Bennetts or Van Brunts Lane, with !Map 17-21 Boston Post Road, with Map 23-39 Brooklyn, Greenwood and Bath Plank Road, with Map 41-45 Brooklyn, Jamaica and Flatbush Turnpike, with Map 47-63 Bushwick Road, with Map 65-69 C. Church Lane or East Broadway, with Map 71-/5 Clove Road, with Map ^^-^'i D. De Bruyns Lane, with Map 81-S3 G. Gowanus Road, with Map 85-89 H. Hunterfly Road, with Map 91-101 K. Kings Highway, with Map 103- 115 Kingsbridge Road, with Map 1 17-143 Kyckout Road, with Map 145-151 L. Lotts or Little Lane, with Map 153-155 N. Newtown and Bushwick Turnpike, with Map 157-161 w. Woodpoint Road, with Map 163-165 Colonial Highways of Greater New York. MEMORANDUM. City of Xew York — Departmext of Fixance,! Comptroller's Office, August 1, 1908. J The matters ^\■llicll come before the De])artment of Finance of The City of Xew York are almost as varied as the whims of men and the caprice of legislatures can suggest. A great deal of the work is technical, much of it dry, and therefore not par- ticularly interesting to the ])ublic in a joiu'nalistic sense. Should the public eye follow the columns of the City Record there would doubtless appear many things that would not be clear in the public mind. It might, for example, ^^•on(ler why the City should em- ploy somebody to delve into the history of forgotten centuries and endeavor to trace the origin of old roads. Therefore, a word of explanation seems necessary. As a legal proposition, speaking generally, all the roads laid out by the Dutch during their sovereignty here were owned in fee by the government. The City of Xew York, as successor to that government, therefore, owns the fee of such roads unless the ownership has been conveyed. On the other hand it is held by some able lawyers that the government did not as a rule own the fee of English roads, but enjoyed only an easement for road pur- poses, a reversionary interest remaining in the adjoining owners on either side. There are many ramifications of the question, but this is, in rough, a general outline of the legal views of the matter. It should ])v added, liowever, that there is able legal ()|)iiii()ii w liic-h does not acce|)t tiii' view expresst'd as to English roads without very material (lualitieatioris. As the City has grown new streets have been extended into territory travei-sed by the old roads, and the usefulness of the old roads as highways has, in many eases, eeased. In other instances they have been made a ))ai-t of the ])resent street system. T^jjon the abandonment of the old roads it ajjjiears that the lands in- cluded within their lines were fretjuently a|)])ro])i-iated to pri\ate uses. In late years \\hen the holder of sueh a parcel has sought to borrow on his land, (juestion has been raised by title companies and other conveyancers as to the ownership of the old roads. After such objection it became customary to file a petition with the Commissioners of the Sinking Fund reciting that the City had no substantial interest in the road but might have some right whieh would constitute a cloud on the title to the ])ro])erty. The petition would then pray for a release of the ])ublie interest. The reports pre])ared for the Cor])oration Counsel usually amounted to a remodeling of the statements of the petition, with no new facts to show what interest the City really did have. On such reports the Corporation Counsel customai'ily rendered opin- ions that the interest of the City was merely nominal and a re- lease of the City's interest was granted for $1, with SjilOU added for the expense of investigation. The properties varied in size, but many were of considerable area. It did not seem to me that the interests of the City were projjerly jjrotected and an investigation was ordered. If it could be shown that roads were of Dutch origin an important advantage coidd be gained. That is why the City delved into the i)ast. The 9 results so far luive been o-ratifying'. With facts before him the Corporation Counsel has swept aside the old stereotyped form of opinion showing a nominal interest in the City, and has held in several cases that the City has a material interest in these old roads. The investigation has naturally been attended b^' much difficidty and considerable delay, but most of the principal roads have now been covered, and in futiu'c the work will ];)rogress more rapidly. The investigation has also made it apparent that the City should take some definite steps toward reclaiming its old records. JMatters of modern moment are often dependent upon some ancient instnmient, and care should be taken to preserve the old documents, because they can never be du])licated or i-eplaced if lost. H. A. Metz, Comptroller. lO Bxnnur fou the Kxa:\iixati()x of Claims, ] City of Xkw Vokk — Dki'akt.mkxt of Fixaxce, [ July H. 1908. J Hon. TTkuman A. Mktz. ('(un jilrollcr: Sir — 111 accordance with your (lirfftiou I have collected the old road reports and present them for ])uhlication in convenient form for the use of the I^aw Department and others who may have occasion to refer to them. This collection does not attempt to embrace all the old roads that laced the settlements in the early days. ^Vithin the borders of Kings County alone there were eighty-six roads Mhich in the course of time may have to be reported ujjon. In this work, however, the investigation has been directed to those roads in which the interest of the City is most frequently sought to be re- leased. Those that have been treated are of major importance and \\\u\v it would hardly be correct to refer to others as of minor importance, the determination of the interest of the City being in all cases of e(iual value. I bt-lieve that a final determination of the character of these roads will facilitate the finding of the ])ublic interest in the class of cases ai-isiiig most frequently. J am under obligations to many persons for courtesies show^n me in the course of this investigation, but I desire especially to make acknowledgment to the attaches of the office of the Com- missioner of Records in Kings County by whom unvarying courtesy has been extended throughout the examination. I am, however, most deeply indebted to you for the aggTes- sive support without which the entire undertaking wovdd ])rob- ably have failed. I desire to say that if any benefit accrues to the City I'rom the r(|)orts that T have had the i)leasvn"e to write, that benefit is due diivetlv to vou. When vou instructed me to take II up this matter, you were good enough to repose entire confidence in nie. Apart from that fact the search was luidertaken under most discouraging conditions, for the move was not a ])opular one, I have to thank you for the generous manner in whicli you have supported me in every dispute, for the close personal interest with which you have followed my investigation and the unwavering course you have ])ursued in jjrotecting the interests of the City. I feel that discussion of this suhject would be incom])lete without extending my thanks to the Hon. N. Taylor Phillips, Deputy Comptroller, whose wide knowledge of the legal aspects of the subject has always been o])en to me and whose advice has ever been cheerfully and readily given. The maps which accompany these reports are intended merely to show the general location and direction of the various roads and they do not ])in-port to be drawn to any scale showing the relative width of sti-eets and roads. The maps showing the Kings- bridge and Boston Post Roads are taken from the original Com- missioner's map of 1811. In this it will be noticed that the Kings- bridge and Boston Post Roads ajJi^ear to be the same in certain sections. Both seem to have been names ap])lied to the ancient road known as early as 1(369 as the Road to Harlem. It will be found that many old roads are very much older than their jjopu- lar names. Respectfully, Robert Jordan, Examiner. Approved : F. J. Priai,, Chief Examiner. 13 BENNETTS OR CORTELYOU LANE. Length, 7-10 of a Mile. Intersects 7 Blocks. Bennetts lane is one o£ the oldest roads in Brooklyn. It was used by the Dutch during the period of their occupation here, and has been used as a highway since those days. It extends from the Kings Highway to Gravcsend Baj', a short distance west of De Bruyns lane. During the Dutch occupation a patent for land lying at the intersection of King, Highway and Bennetts lane was issued to one De Sille. While the roads were not then known by those names, the boundaries of the patent have been located and the identity of the roads established. The records of New Utrecht under date of January 22, i66o, refer to Bennetts lane as the Shore road. Another evidence that Bennetts lane is a Dutch road may be gathered from a brief reference to tlie circumstances attending the surrender of New Amsterdam. The expedition sent out by the Duke of York to occupy the territory granted to him by Charles II. was carried in four ships of war which the King loaned for the enter- prise. The expedition landed at Boston in order to give color to a fiction emanating from the Crown that the purpose of the affair was to look after certain religious matters in Massachusetts. Colonel Nicols, who commanded the fleet, detached two ships and sailed for New Amsterdam, where he caused it to become known that while the Duke of York wanted the title to New Netherland, he was willing to let the Dutch continue in the enjoyment of customs and property. The Dutch rule had become irksome to the settlers and they were secretly glad to change rulers, so long as their private affairs were not dis- turbed. Hence, when Governor Stuyvesant appealed to the Dutch towns on Long Island for help, thej' declined to grow enthusiastic, and Stuyvesant was compelled to look elsewhere. All of the foregoing may appear foreign to the subject of Bennetts lane, but the connecting link is here. While Nicols was in Boston he arranged to have a detachment of English troops march down and rest at the Ferry Settlement (Fulton Ferry) in Brooklyn. Upon Stuyvesant's refusal to surrender, Nicols withdrew his ships to Gravesend Bay, and there landed a detachment, which marched up and joined the force at the ferry. There were at that time two roads connecting the bay with the main road or Kings high- way at the points where the e.'cpeditions would be most likely to land. One was Ben- netts lane and the other De Bruyns lane. By using Bennetts lane, the march might have included a peaceful demonstration in the town of New Utrecht, and would have placed the troops in a position to strengthen any wavering settlers in the towns in- tervening between that point and the ferry. '4 Under authority of a resolution adopted by the Board of Supervisors of Kings County on December 27, 1892, Sixteenth avenue was opened from Eighty-fourth street to Gravesend Bay. A part of this street was within the hues of Bennetts lane and part was not. witli tlie result th;it in certain sections, a strip of Bennetts lane inter- venes between the line of Si.xtcenth avenue and the property of abutting owners. On May 4, 1906, the Board of Estimate and Apportionment adopted a resolution closing Bennetts lane from Eighty-fourth street to (iravescnd Bay. Since tlien several appli- cations for releases of the intervening strip have been filed. In the proceeding for the opening of Sixteenth avenue, as shown by papers on fde in the County Clerk's office, the owners of property so situated received no award for damage, because none of their property was taken, but, on the other hand, the Commissioners took into consideration that owners on the northeast side of Sixteenth avenue (where the strip is) were not benelited to the same extent as those on the other side, so the portion of the assessment that would logically have been levied on property within the lines of Bennetts lane was distributed over the whole area of assessment. This arrangement was considered by the Commissioners to be the most equitable way of distributing the assessment, according to an affidavit made by Douglas Gubner, one of the Commissioners, on February 12, 1S94, which is on file with the papers of the proceeding in the office of the County Clerk of Kings County. Certain owners on the northeast side of the lane claim that they are entitled to either a frontage on Sixteenth avenue or to damages for the closing of Bennetts lane. Whether the action of the Commissioners in relieving such owners of a portion of the assessment may be regarded as sufficient to overcome this objection is a legal question that should be referred to the Corporation Counsel. Department of Finance, Bureau tor ll:e Kxamination of Cairns. SROOKLVN CBRerCNVWOOOj 0< B/VTM F'LA.MW. I=<.0 « WOOOJ NETVN' LfrWECHT TO F-l.*>TDUSH. ^:^ II iL BEIMNETTS CO ^TElVou L.A.NE BENNETTS OR VAN BRUNTS LANE. Length, 5-10 of a Mile. Intersects Five Blocks. Some confusion has been created because there is another Bennetts lane at no great distance from this — that other lane is known as Bennetts or Cortelyous. It ex- tended from the Kings Highway to Gravesend Bay. Bennetts or Van Brunts lane, which is now under consideraticn, connected the main road with the upper bay, and ran through the section now included between Seventy-seventh and Eightieth streets, in Brooklyn. The first authentic reference that the Experts of Commissioner of Records in Kings County have found to this lane is in the Road Record of 1704, where the lane is referred to as "One Common Highway." This was long after the Dutch Sovereignty had ended, and so, according to records thus far at hand, this lane would come under the designation of an English road as distinguished irom Dutch. It is held by able legal opinions that while the fee of a Dutch road remains in the City, unless it has been conveyed by proper authority, there is a reversionary interest accruing to owners abutting on an English road, and that the public exercises an ease- ment, but does not possess the fee. From what I have been able to gather it appears that this opinion is based on the theory that, as the land for the highway had to be taken from somewhere, the pre- sumption is that it was carved out of the lands which subsequently abutted upon it, and, therefore, when its life as a road or highway ended it reverted again to those from whom it was supposed to have been taken. Land must be owned, but it must not necessarily be owned by individuals. Thus it does not always follow that a present abutting owner is the successor in title of some individual whose land was taken for a road or a highway under such conditions that a reversionan,- interest would attach. In very early days when the country was rough and wild, individuals gathered in more or less isolated conmiunities, between which were wide stretches of primitive country. Yet the very necessity for communi- cation between such points created reads. Who were the abutting owners along these? This condition is referred to by the Court of Appeals (Dunham vs. WilHams, yj N. Y., 253), in an opinion regarding the ownership of the road leading from Flat- bush and Jamaica to the Brooklyn Ferry — the Court referring to the road, said: "It was laid out before the settlement of the intermediate lands, and when there were no adjacent proprietors." From the nature of the case and the discussion preceding this extract it is evident that tlie Court referred to adjacent owners in the individual sense. If there were none of these, it seems reasonable to assume that the adjoining lands, wliich had to be owned by some authority, were the property of the government. iS It is true that the road referred to there was a Dutch road. Imt tlie point regard- ing the possibility of tlicre being no adjoining proprietors of an incHvidual character seems to apply with equal force to cither period, he it Englisli or Dutch. Dn tliis point the opinions of Justice Murray Hoffman, as expressed in his ''Treatise on the Estates and Rights of the Corporation," are of special value. It is oidy necessary to say that Judge Hoffman's work is accepted and quoted as authority by the Court of Appeals (.Dmihani vs. Williams). Ill the second edition of tin- work, published in iWu, Jud.ne llolTman discusses the title of streets in Section XI. In this the author divides the history of tlie acquisition of any estate or power relating to streets into four periods: First, from the settlement of the City to the surrender in 1664; second, from 1664 to the Charter of 1686, and the Colonial Act of October, 1691 ; third, from that date to the great street system of 1807 and the statute of 1813, laying out streets, etc., and fourth, from that time to the present. From a careful examination of the facts and law relating to the first period, he concluded that two propositions may be sustained. First, that the absolute right and title to the soil occupied as a street prior to 1664 vested in the government and came down to the Corporation of The City of X^pw York. This second conclusion is this: P. .^03. "That an estate in fee to the soil of any street opened after 1664, and opened through lands comprised in a grant of the Dutch government made before tliat date, has become in like manner \csted in the corporation. That it is so vested wdiether such street was opened by public authority, with or without compensation to the owner; and also wdiether the street was first laid out as a private w;iy and afterward accepted as a public street, or was originally laid out as a public street. I regard this rule as applying to every street laid out. down to the year 1813." The author in discussing his second proposition in more detail, says: Page 312: "I have before shown that the ground briefs were valid sources of title, even with- out an Knglish contirmation. The lands covered by such briefs were granted and held at the period of the surrender, subject to the right of the public authority to lay out streets through them, with or without compensation, and were held subject to the settled rule that where streets wd'e so laid out, the fee in the soil passed to the gov- ernment. The English .succeeded to the public rights of tlie Dutch. I cannot conceive a just reason for supposing that this substitution clianged the character of the tenure in this particular. Admit to its utmost extent the doctrine of the Englisli publicists that the surrender was a restoration and not a conquest, and that the whole legal conse- quences of a title by discovery attached to the colony, yet indisputably the right of property under Dutch grants was saved and guaranteed by the article of surrender re- ferred to, and as every essential estate and right of the grantee remained unimpaired and the same, so every condition or burthen attendant upon that estate continued un- changed. 19 "I regard it as a necessarj- conclusion, that grantees were to hold thereafter, with the same public servitudes, because they were to hold with the same rights. "I submit then that it is established that the fee to every street opened at any time after the surrender and opened through land comprised in a Dutch ground brief vested in the then existing government or its grantees, unless a dit¥erent rule has been established by express law. None such. I am jiersuaded, can be found." Page 313. On November 22, 1652, the Indians conveyed to Cornelis Van VVerckhoven a large tract of land in the New Utrecht section. The land conveyed in that transaction em- braced the land through which l!ennctts lane was made at a later date. Van Werckhoven returned to Holland to perfect plans for settling the tract, and died there. On January 16, 1658, the successors of Van Werckhoven applied to and received from Governor Stuyvcsant permission to found a town. Confirmations of this were issued by Governor Nicolls on August 15, 1668, and by Governor Dongan on May 13, i6?6. On May 29, 1903, the Board of Estimate and -Appiirtionment adopted a reso- lution, approved by the Mayor June 17, 1903. closing all parts of Bennetts or Van Brunts- lane, between Third avenue and Shore road, not included in Seventy-ninth street. The questions raised by Justice Hoffman are introduced here because this is the first English road that has developed during the investigation of the subject. The conten- tions of the learned judge involve legal questions of an important nature, and I would therefore suggest that applications for releases along Bennetts or Van Brunts lane be referred to the Law Department. Department of Finance, Bureau for the Examination of C'aims. NNET-TTS OR V/VN SRUMTS L /V> hj E B EN N ETTA VAN ©"runts OLD BOSTON POST ROAD. Permit me to state in the beginning that this report is not as thorough as I would desire to have it, but the condition of the old records is such that a prolonged search will be necessary before complete satisfaction can be approximated. This road was first known as the wagon road between New York and Harlem. The records of New Amsterdam, volume 6, page 359, under date of 1671, contain the following : "The Court do empower Mr. Cornelis Van Ruyven and Mr. Jsaacq Bedloo, Alder- men, to cause the former orders in making of a good Waggon path betwi.xt this Citty and the Town of harlem to be put into strict execution, whereof an Ample Order shall be given unto them." At page 361 this statement is printed : "Whereas the Honble. General has at divers times recommended to this Court and this W. Court has ordered the Overseers as well of Haerlem as the suburbs hereabout to construct the road between, this place and Haerlem, notwithstanding which it is still found unfinished, for which reason tii.any complaints have been lodged — yea, that people wishing lately to travel over that road on horseback have been in danger of losing their lives by the neglectful keeping of the said road; which together with other reasons iias moved the Honorable General to earnestly recommend to us again the con- struction of the aforesaid road, in order that then the work may be promptly Com- menced and Executed. Therefore, as for the prosecution of so necessary a work, the W. Court cannot hit on a better expedient than to commission two from their Bench of Justice, as they hereby do. to summon as often as they shall think fit touching that work. The overseers as well of Haerlem as the suburbs dwelling hereabout, and do propose to them in the first place, how very ill it has been taken, that the previous orders regarding the aforesaid road have not beer, better observed: Secondly, the earnest intention of the Honnble. General and this W. Court, that such should forthwith, without any neglect, be executed : which being done, to provide means how and in what manner such should' not only be completed, but also kept continually in good repair; and, in our opinion it would not be improper to make the Overseers of the suburbs hereabout Supervi.sors of the part those of Haerlem shall have to maintain, and the overseers of Haerlem Supervisors of the part of Suburbs hereabout nnist keep in repair: and for the prosecution of the aforesaid are requested and appointed Alderman Cornelis Van Ruyven Isaacq Bedloo Who are hereby specialty authorized with the Overseers to impose such fines on those who, when summoned, shall neglect to appear or to send anyone, and to apply the same as they shall deem proper for the ad\-antage of the aforesaid. Thus done at the 24 Meeting of the Worship Mayors Court in tlio Cily Hall of the City of New York tliis Ijtli February." It will he noticed that wliilc this official action bears date of 1671. it is recorded that the Honorable General had at d'vi-rs times recommended the inii)rovement of the road and that part of the road- had been started and remained nnfini-hed. all of which shows that the road was in existence at an earlier period Judge James \V. (ierard, wdiose works on titles to real estate arc regarded as standard authority, makes the following statement regarding the road from New York to Harlem at page 303 of his work on the water rights, title to streets, etc., of the corporation of The City of New York : "Commissioners appointed in i66q, 1671, 1672, to lay out a wagon road between New York and Harlem. In 1679 a return w'as made stating that they had staked out the highway and appraised the land' taken at 20 guilders per rood. "This road branched off the Kingsbridge road just after the latter crossed Turtle Creek for the second time. T. crossed the present Harlem Bridge and was also called the Boston Post road; afterward the whole of the road from Twenty-third street to Harlem was known by that name." Although all the dates are after the surrender of the Dutch, the references indicate an earlier e.^istence of the road. It will also be noticed that the Commissioners who were appointed made awards for the lands taken, so it becomes an interesting question whether these proceedings did not of themselves vest a fee in the government of which The City of New York is successor. Beginning in 1790, this road became identified with a series of legislative acts which indicate that it was paid for by public taxation. Chapter 37 of the Laws of 1790 authorized Lewis Morris to construct a bridge from Harlem to Morrisania. The Com- missioners of Highways were authorized to lay out a convenient road from any part of the main road leadint^ from The City of New York to Harlem River at the bridge then authorized'. Commissioners were appointed to lay out a road four rods in width from the bridge through the Towns of Morrisania, Westchester and Eastchester until it should strike the main road in Eastchester. Morris assigned the grant to John B. Coles on March 25, 1795. Coles secured permission of the Legislature to construct a dam across the Harlem River to impound water for the use of mills. This act also provided for the completion of the bridge within fo\ir years: that Coles and his heirs should keep the bridge in repair for sixty years, after which it should vest in the people of the State (chapter 31, Laws 1795). It appears that the bridge was built and part of the road laid out, but awards were not paid for the lands taken. In 1707 the Legislature directed that the road he estab- lished as a public highway. Coles was authorized to collect additional toll for thirty years and he was to keep the road in repair (chapter 63, Laws 1797). The year following Coles was relieved of some of his responsibilities and his tolls cut down (chapter 74, Laws 1795). 25 In 1797 an act was passed providing for the improvement of several roads, and the road from Coles Bridge to Eastchester was one of them. The money to meet these improvements was raised by a lottery authorized by the Legislature in 1797. In 1808 the Legislature incorporated Coles and his associates under the name of the "Harlem Bridge. Company.'' In 1857 the Legislature passed an act reciting the fact that on April I, 1858, it was to become a free bridge, to be maintained by the Counties of New York and Westchester. It would seem from the act of 1790 that the intention was to have the towns bear the expense of laying out the road. It is contended, however, that such awards were not paid. The lottery, however, authorized in 1797 would also seem to indicate that the public bore the expense of improving the road. Whether, in view of all these circumstances. The City of New York as successor of the various towns, acquired a fee or merely an easement in the road is a question which should be referred to the Corporation Counsel for an examination of the various acts relating to the matter. Department of Finance, Bureau for the Examination of Claims JJOSTOX POST ROAD. Department o£ Finance, Bureau for the Examination of Claims. -^-\^^ ^1^- - .■ I gjjlgi:t»iii it^TH riGHTH i^ ?*». > ■^- L-^ innr ■!l 1 ' -I ' F" I (^T H ■^^ . _JiLJ'^^. fH[— irFir?'^ -c=u l=f TH ■'AveNuT A^E" -'•- SECOM.D A Ayjp KINGSBRIDGE ROAD-BOSTON POST ROAD. 41 BROOKLYN, GREENWOOD AND BATH PLANK ROAD. This is not an old road in the sense that Colonial highways are regarded as old roads. Indeed, this is quite a youthful highway compared with some of those that have been considered in these reports. The first reference found to this road is on January 15. 1831. when several citi- zens of New Utrecht petitioned the Commissioners of Highways to lay out a road "to be a continuation of the road now leading from Flatbush to New Utrecht Church, and to continue as nearly as may be in the same direction until it reaches the bay or river, passing through the land of John L. Van Pelt and Engelbert Lott ; thence- along the bank of said bay or river, or as near as will answer, through the lands of Engelbert Lott and Turnbull. until it meets the road or highway in front of the house of Jacob W. Bennett." This was subscribed before James C. Cropscy. Justice of the Peace. On July 28, 1831. Commissioners acted favorably on tlie petition and ordered the road laid out. On .\ugust 17, 18.31, John L. Van Pelt and Engelbert Lott appealed to the Court of Common Pleas, protesting against the laying out of the road. Com- plaint was made on several .grounds. On September 12, 1831. the Court of Common Pleas reversed the order of the Hi,ghway Commissioners. Four years elapsed during which nothing was done apparently, but on October 10, 1835, a meeting was held in the house of Michael Hegeman of New Utrecht, where the petition of several freeholders was considered, and the Commissioners of High- ways directed that a public highway be laid out from "the road leading from Flat- bush to New Utrecht, near the Dutch Reformed Church," to the bay or ocean. This was to be cut through improved land of the following owners, the figures showing the amount of land to be taken from each as figured by Teunis G. Bergen, Surveyor. Part Owner. .\cres. Rods. Perches. of Perch. John I.. Van Pelt 2 . . 25 6,000 Heirs of Reutgen Van Brnnt . . . . 2 4,000 Engelbert Lott, deceased 2 . . 24 80,000 Apparently this was satisfactory, for it does not appear that there was any further protest from those who before appealed to the Courts to have the proceedings set aside. In 1851, on February 26, a movement was started to have the road extended up to the Brooklyn City line at Thirty-eighth street. -'\ petition was filed with the Conunis- sioners of Highways in which the f ollowin.g appeared : 42 "Tin- undersigned owners are interested in lands through and over which the proposed highway descrihed in the above (petition) runs, hereby consent to the laying out the same, and in consideration of the l)cnefits therefrom accruing, hereby release to the Town of New Utrecht all claim to damages by reason of the laying out and opening said highway, on condition that we are allowed until the ist day of March, 1852, to remove our wood and reset our farms." This was signed by James L. Lefferts and seventeen others and sealed. This petition was acted upon favorably at a meeting of tlie Highway Commis- sioners held in the house of Jolm L. Van Pelt on February 3. 1852. The Commis- sioners determined that a highway be laid out in the said town of the width of sixty feet "on the application, consent and release of all claim for damages" of James L. Lefferts and several others, "through whose lands the said highway is to pass." Teunis G. Bergen made a survey of the road and in his description says that the road was to be laid out through "improved" lands. The minutes of the meeting then continue : "The said Commissioners therefore order, determine and certify that a public highway shall be and the same is hereby laid out of the width of sixty feet as above described and surveyed, in pursuance of the application, written consent and release of all claims for damages hereinbefore referred to." This was signed by J. Remsen Bennett, John L. Van Pelt and .John Cowenhoven, Commissioners. The road, which is the subject of the foregoing, is identified by the experts of the Commissioner of Records in Kings County as the road that later became known as the Brooklyn, Greenwood and Bath Plank road. It does not seem to be necessary to trace the career of the road in more recent years, and to record the various changes in the railroads which were operated upon it. In general, however, it may be said that the Brooklyn, Greenwood and Bath Plank Road Company obtained a consent of owners and of the Commissioners of Highways under date of April 25, 1852, consenting to the construction and use of a plank road. A survey was filed in the Register's office on July 30, 1852, by No. 452. On January 24. 1863, the Brooklyn, Bath and Coney Island Railroad Company secured consents of the owners along the line of the road covering the route of the Plank Road Com- pany. This deed is recorded in Liber 588, at page 255. A more detailed account of the various changes in the ownership and operation of the railroads is contained in an opinion rendered by Corporation Counsel Rives. Department of Finance, Bureau for the Examination of Oaims. Department of Finance, Bureau for the Examination of Claims. JL KINGS H IQH W/KY- B" '-ar BROOKLYN, CRCCNW/OOD «• BA.TH RLA.IMK ROAD 47 BROOKLYN, JAMAICA AND FLATBUSH TURNPIKE. Length, 12.6 Miles. Intersects 222 Blocks. This is the name commonly applied to a road that existed in certain parts before turnpikes became a business venture in Kings County. The road has a long checkered history that is enmeshed in a web of special acts, mergers and the like, which have almost obscured its real identity. The road was one of the first, if not the very first, that was used by those who settled Brooklyn and the outlying settlements at Flatbush and Jamaica. To describe it in general terms, the road began at the East River, substantially where Fulton Ferry is now, and followed the general line of Fulton street up to Flatbush avenue and thence up Flatbush to .Atlantic. Near this point the road branched out in two direc- tions, one generally following the line of Flatbush avenue and leading to the settle- ment at Flatbush, the other continuing up Atlantic avenue, cutting through again to Fulton street and making many turns and deviations from the present line, and ter- minating at Jamaica. But long before white men settled in Kings County this path was used by the Indians. The headquarters of the Canarsie tribe was connected with this path by another that followed the line of the Hunterfly road. This was the course taken by the Indians to reach East River. Some time between 1643 and 1647 a settlement was made near the site of the present Fulton Ferry. The location was determined upon because of its pro.ximity to the ferry to New Amsterdam, a fact w^hich shows that the transportation problem was calling for solution even in those dreamy days. This settlement, which was little more than a cluster of huts, was known as "The Ferry." Leading from the settlement and skirting the locality called by the Indians "Ipthetanga," known now as the Heights, was a road leading toward Flatbush. This was known as the Ferry road. When settlers began what might be termed the first uptown movement, they located a town in the heart of the maize fields, between Wallabout and Gowanus, facing the road to Flatbush. This settlement was the beginning of Brooklyn. The locality is familiar now as the shopping district. The Ferry road was the main artery of travel between "The Ferry," "Brooklyn" and Flatbush during the Dutch occupation. It was referred to in various documents by different names, sometimes as the "Wagon road," sometimes "The Highway at Brooklyn Church." As early as 1634 portions of the road were in e-xistence as Indian paths, and indeed there is abundant evidence to prove not only that this was a Dutch road, but, moreover, that it was a road before the Dutch exercised authority. This question has been dis- cussed in an interesting opinion of the Court of Appeals (Dunham vs. Williams, 48 37 N'- v., 251), and also in Mott vs. Clayton (g App. D'w .. 181 ), in wliicli cases it was dtcided that the road was Dutch and that the City of Brooklyn in granting a release of its interest in the road passed a good title to the ground. If it were necessary to cstahlish only the fact that this was a Dutch niad the report might end here, but another question having intimate relation to the rights of the City must be considered. The road afterward became a turnpike, operated by a private corporation, and this circumstance, connected as it is with a maze of mergers and other devices of the law, makes a further examination of the history quite neces- sary. After the British took possession of the Dutch holdings the name of the road wa; changed to Kings highway, al. hough the names of old roads varied with the caprice of local favor, and this was no exception to the rule. It was also known as the Queens road, Gravesend path, etc., according to locality or fancy. The Kings highway (whicii will b.' treated in another report) was practically the same as the Flatbush and Jamaica turnpike up to certain points, beyond which the turnpike did not extend. The end of the turnpike on the Flatbush branch was at a point corresponding with the present intersection of Flatbush and Qiurch avenues. The popularity of the turnpike in this State dates from 1807. In that year a gen- eral act relative to turnpike companies was passed by the Legislature, and turnpike corporations sprang into general favor. This act provided, among other things, that when the income was equal to the expense incurred by the company, the State might dissolve the corporation, "and thereupon the right, interest and property of the said corporation shall be vested in the people of this State and be and remain at their dis- posal." hollowing the incorporation, numerous statutes were enacted relative to the com- pany. A brief reference to such acts follows though it is not known that the list embraces all the enactments relating to the turnpike: Date, March 17; Laws of i8oy. Chapter 74. Incorporated the Bro,:klyn. Jamaica and Flatbush Turnpike Company. Named John D. Ditmars and others to make a good and sufficient turnpike road to begin on the highway at or near the old and new ferry stairs in the township of Brooklyn, in Kings County, niimiug from thence through the village of Bedford to the dwelling house of Charles McNeil in the township of Jamaica, in Queens County; and also to make a further good and sufficient turnpike road, to begin on the highway in front of the church in the village of ITatlnish and running from thence toward Brooklyn ferry until it meets the said road leading to Jamaica, near the dwelling of the late John Cowenhoven. Laws of 1 818, Chapter 59. Authorized an increase of toll on "expensive pleasure wagons." The increase ap- plied also to the Jericho turnpike. 49 Date, April i8; Laws of 1823, Chapter 116. Passed April 18, amends original act of March 17, 1809. Authorized company to collect tolls, although no toll gate had been erected, "not less than i^ miles from the Episcopal church in Jamaica." Also authorized company to erect more toll gates. Date, April 3; Laws of 1827, Chapter 153. Incorporate Brooklyn as a village. Also set forth that road from the village line at Red Hook lane to the ferry was abandoned by the company. Brooklyn assumed all the expense of maintaining the road, but the company was authorized to continue collecting toil. Date, March 3; Laws of 1830, Chapter 63. Directors given the privilege of removing their easterly gate near Jamaica and "to place same on their road, between the house of Gidion Tooker and a point 80 rods easterly of the three-mile stake, near the Village of Bedford," when so removed to be subject to same restrictions and privileges as before. Laws of 1832. Chapter 256. Incorporated the Brooklyn and Jamaica Railroad Company. Upon payment the company immediately became entitled "to use" lands. Section 37 of the act directs the purchase of the stock of the Brooklyn, Jamaica and Flatbush Turnpike Company at $26 per share in cash or $23 per share in stock of the new company. Section 30 de- clared that at the end of ten years the State might purchase the property by paying cost of construction, maintenance, etc, plus 14 per cent, per annum. The Turnpike Company conveyed to the Brooklyn and Jamaica Railroad Com- pany on August 2, 1833 (Liber 53, page 271), and continued under such ownership until 185 1. Date, .\pril 23; Laws o: 1835, Chapter 132. Authorized appointment of Commissioners to lay out "streets, avenues and squares in the City of Brooklyn." To open or ck>S€ streets, highways, etc.. in Sixth, Seventh, Eighth and Xintfa Wards. Confirmed by chapter 41 Laws of 1839. Date, Mzy 9: Laws of 1837, Chatter 377. Authorized Brooklyn and Jamaica Railroad Company to alter part of the route of the Brooklyn and Jamaica turnpike road, between Parmenticr's Garden and lar"! ',•' the heirs of A. Selover. Date, April 18; L^ws of 1838, Chapter 262 '^Vhenever any turnpike corporation shall become A di^con- tinuOT, its road shall become a public highway and be iotFJ- gai provisir/ns -egah''.-- 'J "-'?-.»ays." 50 Date, April .=6; 1-Tvvs of 1839, Chapter J56. Authorized a straightening of the road between the land of the heirs of A. Sel- ovcr and the intersection of the Cripple Bush road. Provided further that the com- pany might sell that portion of the old road when new road was opened and grantees of purchasers shnulil Ix'cume owners. n.itr. May i.V. Laws of 1846. Chapter 310. Authorized Brooklyn and Jamaica Railroad Company to cede parts of Brooklyn and Jamaica turnpike and Brooklyn and Flatbush turnpike road belonging to said company "as lies within the limits of the City of Brooklyn, to ^layor and Common Council of City of Brooklyn, on terms and conditions to be agreed upon. .-Xnd such cessions shall vest in the said Mayor and Common Council of the City of Brooklyn all the right, title and interest of the said company in the parts of the roads so ceded and in the bed of said parts of said roads, and whenever any part or parts of said road shall be so ceded as aforesaid, the same shall thenceforth cease to be considered a road, and shall belong absolutely to the purchasers or grantees thereof free from any liability to be used as a road." Provided further that company should continue to collect same toll after cession "whether said parts shall be kept open or closed, unless a lower rate of tolls shall be agreed upon,"' etc., or unless company waived the tolls. After cession company was freed of liability for repair, etc., Brooklyn assumed it. Ceded parts might be closed by order of Mayor and Common Council, "if othei ftreets or avenues convenient to and communicating with the other parts of said turn- pike roads shall have been opened and regulated, and such proceedings shall in other respects be had as are provided by law for closing the streets or avenues in said city." Year 1848, Chapter 373. Brooklyn and Jamaica Railroad Company authorized to sell property and fran- chises to Jamaica and Brooklyn Plank Road Company, which was incorporated under the general laws about 1850. The Brooklyn and Jamaica Railroad Company and Brooklyn, Jamaica and Flat- bush Turnpike C'unpany conveyed to Jamaica and Brooklyn Plank Road Company all interest, etc. (Liber 256, page 6.) This (jwnership continued until about 1879. Date, .April 25; Year 1864, Chapter 383. -•Vuthorized Jamaica and Brooklyn Plank Road Company to change location of or erect any toll gale, house or other building authorized anywhere on the road, when ordered to by Board of Directors. Date, May 7; Year, 1863, Chapter 507. William Durland, Martin 1. Duryca and others created a body corporate known as "East New York and Jamaica Railroad Company." Possessed general powers of a 51 turnpike company. Authorized to lay rails for "the passage of railroad cars to be drawn by horses on each side of the road now known as the Jamaica and Brooklyn plank road, from the terminus of the FuUon avenue road at the City line of the City of Brooklyn, Kings County, to any part of the Village of Jamaica, in Queens County." Corporation might agree for purchase of road, etc., '"and after the same shall have been purchased or obtained, the provisions of this act shall apply to such plank road or right thus acquired. Empowered to collect tolls "in case they shall purchase the franchise of the Brooklyn and Jamaica Turnpike and Plank Road Company." In case unable to agree with Jamaica and Brooklyn Plank Road Company, authorized to purchase real estate over and along Liberty avenue in accordance with act of April 2, 1850. Provisions of "An act in relation to plank roads and turnpike roads," March 28, 1854, applied where not in conflict. All rights, title and franchises, etc., of this n~>ad were acquired by the Jamaica, Woodhaven and Brooklyn Railroad Company by and from Edward M. Osborn and wife, -August 25, 1872 (Liber Deeds. 1920, p. 147). Property acquired by Osborn througii a conveyance by John H. Sutpin. January 16, 1872 (Liber 365, page 9, County Clerk, Queens), and (Liber 1031, page 107, Reg- ister, Kings) given in pursuance of a judgment of foreclosure of a mortgage on the property of the East New York and Jamaica Railroad Company. The Jamaica. Woodhaven and Brooklyn Railroad, by virtue of this conveyance, claimed the right to construct, maintain and operate a railroad on the projierty. Date. May 2. 1864; Chapter 520. Authorized company to collect toll from funeral processions same as of others, except that the hearse and four carriages should pass free. Date, April 24. 1869; Chapter 310. Authorize closing and sale of road to the City of Brooklyn. Brooklyn authorized to sell and convey the land. Road to be paid for through annual tax levy. Date. April 21, 1871 ; Chapter 659. Amended act of 1S69, authorized company to sell to abutting owners or city land in front of oremises. Date, April 3, 1874; Chapter 119. Authorize the Jamaica and Brooklyn Plank Road Company to increase capital stock to the amount "they have actually expended in constructing and completing their road." Required to file a certificate setting forth amount of increase with the County Clerk of Queens. Required to first obtain consent of 60 per cent, of shares of stock represented in company. Date. 1879; Chapter 156. Authorized consolidation of the Jamaica, Woodhaven and Brooklyn Railroad Com- pany with the Jamaica and Brooklyn Plank Road Company. The new name was "the S2 Jamaica and Brooklyn Road Company." To enjoy all the prixilegcs and exemption? of the two companies ■■until llu- expiration of the charter of the said railroad com- pany." Date, May 2, 1893; Chapter 527. Anu'iKls chapter 452, Laws of 1892. Permits appointment of Commissioners to condemn if the company refuses to sell. Date. May 8, 1895; Chapter 564. Repeals chapter 452, Laws of 1892, and chapter 527, Laws of 1893, and declares all proceedings under said acts to be void. This act authorized the acquisition of the road liy cnndcmnation, expense and cost to be paid from Jamaica Plank road bonds and then assessed. Chapter 356; Year, 1S97. Amends chapter 564, Laws of 1895, as to amount of money, etc. Nothing about property going to adjaceiU owners. Various portions of the old turnpike were sold to the City of Brooklyn. The data related to such sales has been gathered from various quarters, and the following schedule is not to lie understood as inditating that these were the only purchases made. The records of the Register's office in Kings County show the following conveyances: General Proz'isions Coni'cying to the City of Brooklyn. Dale, ()ctol)er 31, 1849; Liber 203, Page 4->2. Conveys all that part of Brooklyn and Jamaica turnpike between the westerly line of Red Hook lane and the intersection of Fulton and Flatbush avenues. Consideration $t,200 00 Date, Novemlier 15, 1852: I^iber 301, Page 141, Conlirming above deed. Date, March 9, 1S52; Liber 272, Page 341, Conveys the road from Grand avenue to the Gowanus road (alxnit the present Fifth avenue). Consideration $5,000 co Date, September 29, 1852 ; Liber 30S, Page 75. Cedes all properly, etc, of the Turnpike Company between a point 255 feet easterly from the southeasterly corner of h'ulton avenue and New York avenue and the easterly side of Perry avenue (near the present Bedford avenue) and between the southerly side of Fulton avenue and a line drawn equi-distant from Fulton avenue and Herkimer street. Also that pari between Nostrand and Bedford avenues north of the north line S3 of Fulton street. Also all that part between the east side of New York avenue and Perry avenue south of a line drawn equi-dislant from Fulton avenue and Herkimer street. Consideration ^^.^ ^ Classen avenue to Gowanus road, 50 feel adjoining southerly side of Atlantic avenue. Agreement to convey recorded in Liber 395, page 245. Date, .-Kugust 20. 1S55; Liber 412, Page 28.^ It will be recalled vhat the act incorporating P.rooklyn as a village, chapter 155, Laws of 1827, noted above, declared that the turnpike company abandoned its road from the ferry to the village line at Red Hook lane. This, added to the conveyances so far discovered, wouM indicate that there is very small doubt about the City's owner- ship of the old turnpike from the ferry to New York avenue, except of course such portions as have been released by proper autliority. That portion of the turnpike be- tween New York avenue and tlie line of tlie old Twenty-si.xth Ward presents another question. Between these points there is a shadow of uncertainty. Part of the road was Dutch and part came into existence at a later date. It would therefore be well to refrain from further discussion of this section until after a special investigation of con- ditions relative thereto. There may be direct conveyances of this property that have not yet been located, but the Brooklyn, Queens County and Suburban Railroad has executed releases for portions of this section and the question as to wliether this con- veyed a good title has been liaised. That company charged substantial sums for the releases, in some cases at least. Between these points, the road had two branches. One was far more circuitous and very much older than the other. It was the more direct route that the turnpike followed. It has been suggested that this section was laid out by the turnpike company for its own convenience. If this were a fact, it would seem in the light of decisions of the Court of Appeals, that when the turnpike company merged with a railroad, the lands held by it in a corporate capacity reverted to the owner of the fee. Upon its abandonment as a turnpike, the land would revert to th; fee owners automatically, so the fact that abutting owners paid for releases would not necessarily indicate fee ownership, but would seem to indicate that the company had abandoned the turnpike. The Court of Appeals in Mahon vs. New York Central and Hudson River Railroad Company (24 N. Y., 658) appears to cover the point. The Court in that case said : "Although the general act relating to turnpike companies, passed March 13, 1807, declares w-hen the president and directors pay the owners of the lands the sums assessed and awarded by the appraisers in their inquisition, they shall have and hold to them and their successors and assigns forever, the lands and tenements described in their inquisition; yet it has always been held that this and the special act of incor- poration vests in the company the title to the land over wliich the road passes only for the purposes of the road and when the road is abandoned, the land reverts to 54 llu' original owners. 'Ihc company only acquired such an estate in the land taken hy it as was necessary to fultlll the end and interest of the corporation and could hold it to no other use, intent or purpose. Having ceased to occupy the land in question for the purpose of a turnpike road, the Mohawk Turnpike Company in trans- ferring it, in effect abandoned it, and although they were autliorized hy tlie Legisla- ture to transfer it to the Utica and Schenectady Railroad Company, this could not constitutionally deprive the original owners of the land of their right of reversion without compensation." In view of the acts executed under authority of chapter 132 of the Laws of 1835, there does not appear to be much room for doubt that all the lands used hy the turn- pike have reverted. It was provided among old acts that "when Fulton avenue shall be opened and fit for travel, from Bedford avenue to the City line," the turnpike was to be deemed discontinued from Perry avenue (about Bedford avenue) to the City line, reserving the rights of the turnpike company. \\'1k)i Fulton avenue shall be opened and fit for travel from Red Hook lane to Bedford avenue (reserving the rights of the turnpike company) turnpike closed from Red Hook lane to Perry avenue. When "'Flatbush avenue shall be opened from Atlantic street to the City line, reserving to the Flatbush Turnpike Company all their legal rights, turnpike closed from Jamaica Turnpike to City line." What those "legal rights" were, in view of the decision of the Court of Appeals, is a legal question. I desire again to call especial altentin'.i to t!;at portion of the road between New York avenue and the boundary of the old Twenty-sixth Ward. If this section was laid fut over an existing road, the City may hold a considerable interest; if, on the other hand, it was laid out on private property, it w-ould seem that this was a trans- action between the company and private owners in which the City has no substantial interest. If this be the case and the owners have seen tit to buy releases from the company, a nominal sum w'ould doubtless be sufficient to compensate the City in such a situation. This point should be distinctly understood, because without explanation, if the City were to charge a substantial sum for a release on one portion of the road and release for a nominal sum on the same road a few blocks distant, it would at once open the door for charges of favoritism and unfair dealing, and would further open alluring fields for the exercise r)f that genius peculiar to critics who are usually more active than accurate. The City of Brooklyn purchased .-dl tliat portion of the turnpike lying within the lines of the Twenty-sixth Ward and the people of the Greater City are paying 35^ 55 per cent, interest on bonds to the ammint of $105,000, which were issued as a result of that transaction. The bonds will mature in 1917. It is not necessary to go into this matter at length, because the present highway in that section conforms with the line of the old turnpike. To sum up in conclusion ; The bed of the Brooklyn, Klatbush and Jamaica Turnpike was originally an Indian path ; it later became a Dutch road ; then an English road, and later a turnpike road. As new streets were opened, portions of the turnpike were abandoned, and in view of Court of Appeals decision, reverted to the original owners. Where the turnpike followed the old road the owner was the City. The turnpike followed an existing road for its entire length, save possibly that portion between New York avenue and the old Twenty-sixth Ward. In this section there is some doubt, a point that should be emphasized. From the Ferry to Red Hook lane, the road was abandoned to the Village of Brooklj-n. From Red Hook lane to New York avenue, it was conveyed to the City of Brooklyn by deeds. This report docs not assume to complete or to touch upon all the features that have presented themselves in the course of a long search among: statutes, histories and archives of local lore. I am especially indebted for much valuable information to the office of the Commissioner of Records in Kings County, and the Topographical Bureau of the Borough President's office in that Borough 56 BROOKLYN AND JAMAICA TURNPIKE. Supplemental Report. .-\ few weeks ;igG I siilnnitled to yoii a general repnrt dealing with tlie history of the Brooklyn, Flatbush and Jamaica tnrnpike. In that report special attention was called to conditions prevailing between New York avenue and tlie boundary line of 111.- ..Id Twenty-sixth Ward, aud it was therein suggested that a further study of this section be made. I now have the honor to nresenl the results of a later examination. I have consulted with the experts of the Commissioner of Records office in Kings Couiily. wlin have specially examined and -ludied old maps, deeds and other records relating to the matter. The conclusion? are -.hal from New York avenue to Sumner avenue, the road was in existence prior to i66.t, these boundaries being stated gener- ally. At Sumner avenue a complication arises. The original road continued up to about Reid avenue, where an angular deviation occurred, the road veering in a south- erly direction (along Rcid avenue) and joining the Ihmterfly road a few blocks below. When the turnpike days arrived, it was found that a considerable distance could be saved by a direct road, eliminating the angular change, and such a road was made accordingly. This portion was therefore of comparatively recent date. Between Reid and Patchcn avenues still another complication arises. Some old maps show a slight curve in this section; others a straight line; and the question is whether this indicates a deviation from the original lines or not. By careful measure- ments the facts indicate that if a new- road was laid out at this point it doubtless included a portion of the original Dutch road, and so here is presented rather a novel situation. Trom Patchen avenue to a point just below Hopkinson avenue the turnpike fol- lowed the old Dutch road, but at that point there was another cut-oflf not unlike the one before described. The old road followed a winding course, turning south again and crossing the Eastern Parkway Extension. The later road was the string to this bow. At intersecting points, conditions siiuilar lo those already referred to may be found, but no ^--pecific instance has yet appeared in this section. Respectfully siilimittcd for approval. Department of Finance, Bureau for the Examination of Claims. 'onoc BROOKLYN JAMAICA a. rLATBUSH TURNPIKE. / Department of Finance, Bureau for the Examination of Claims. BROOKLYN JAMAICA a. FLATBusH turnpike: ci_ove RO/vD Department of Finance, Bureau for the Examination of Claims. BROOKLYN JAMAICA ,««P'i-ATBU»H TURNPlKt Depaitment of Finance, Bureau for the Examination of Cla / 65 OLD BUSHWICK ROAD. Length, I Mile. Intersects 33 Blocks. In general it may be stated that this road extended from the old settlement at Bushwick to the Jamaica road at a point which corresponds substantially with what is now known as the Cemetery of the Evergreen. For a considerable portion of the distance it followed a line that corresponds closely with Bushwick boulevard. In- deed, much of the old road lies within the lines of this boulevard and some strips of the road which were left when the present street was laid were made the subject of Legislative enactments. The particulars are discussed below. This is an old Dutch road, according to data obtained from the office of the Commissioner of Records of Kings County. It was known, as early as 1640, as "Highway running from the Kills," and in 1661 as "bet Kevis padt," meaning "The Cross Road," because of the fact that it crossed some of the other roads of old Bushwick. It was a convenient avenue of travel from Bushwick to the main high- way. The Legislature, by various acts, closed portions of the old Bushwick road and specifically authorized adjoining owners to fence in and use such lands as were not required for Bushwick boulevard and other streets. Following is a list of such acts, but this list may be incomplete. Tlie Law Department doubtless has more detailed information on the point ; Laws of 1868, cliapter 8jr. Provisions: Closes Bushwick road, between Grand street and Marshal (now Seigel) street and authorizes adjoining owners to fence in, use, etc., such lands as are not required for Bushwick road and other streets. Laws of 1859, chapter 439. Provisions: Closes Bushwick road, between Remsen (now Maujer) and Meserole streets and between Boerum and McKibben streets. Adjoining owners authorized to fence in, etc. Laws of 1873. chapter 354. Provisions: Closes all that part of F.ushwick road southeast of Ivy {now Madison) street and northwest of Virgilius, late John street (now Jefferson avenue), except that part laid out as Evergreen avenue. Laws of 1890, chapter 272. Provisions: Common Council authorized to dis- continue and close all that porticjn of Bushwick road as laid down by commissioners on the map of Bushwick. southeast of Virgilius, late John street (now Jefferson avenue), to Evergreen Cemetery, adjoining owners authorized to occupy. The sum of these acts leaves certain sections of the road uncovered, so it seems that there are cither additional acts, or tliat some owners enjoyed privileges denied others. The point is important and in order that the apparent difiference in the legal status of various portions of the road, I would respectfully recommend that all appli- cations for releases along this line be referred to the Corporation Counsel. Department of Finance, Bureau for the Examination of Claims. Dcpartinetit of Finance, r.urcau for the Examination of Claims. n^.aem»i OLD BUSHWICK R0>.0 71 CHURCH LANE OR EAST BROADWAY. Length, 3.8 Miles. Intersects 142 Blocks. Cluirch lane branched east and west from Midwcjnt (Flatbnsh), and was one of the main arteries of travel in the very early times. That portion lying east of the present Flatbush avenue was the road through which the cattle and hay wagons of the Midwout settlers were driven to the salt marshes bordering Jamaica Bay. Frotn this circumstance the lane was known at one time as Koe (Cow) street. A portion of the salt meadows lying just above what was known as Fresh Creek was patented by Governor Stuyvesant to Midwout in 1656 and was used in common by the' inliabitants of the settlement. Salt hay was a product of great importance, for it furnished a natural fodder for cattle that the untamed uplands would not yield without the expenditure of considerable time and labor in cultivating the ground. It was very largely for this reason that marsh lands were eagerly sought by all the pioneers in the section. Church lane furnished an almost direct road from Midwout to the head of Fresh Creek and continued along the road that skirted the marshes. By data obtained from reliable sources it appears that Church lane was referred to as "The Road" January jg, 1658, and as "The Highway" on November 3, 1659, in official docmnents. Both of the dates mentioned were included in the period of the Dutch sovereignty here, so there does not appear to be any doubt about the fact that Cluirch lane or avenue, sometimes known as East Broadway, was a Dutch road and under the law of Holland was owned absolutely by the government of which the present City of New York is successor. That portion of the road lying west of the present Flatbush avenue was also Dutch and what has been said of the other portion may be applied to this with such alter- ations as the geographical features of the country suggest. On March 15, 1899, the Board of Puljlic Improvements authorized tha opening of Churcli avenue, from Flatbush avenue to Brooklyn avenue. On December 19, 1902. there was a reduction of assessments, the City assuming 55 per cent, of the cost of the proceeding. On April 28, 1903, the report of the Com- missioners w-as confirmed. In this proceeding the lines of Church avenue were straightened and portions of the old road, which followed an irregular course, were left between the land of private owners and the lines of tlic new street. Several applications for releases of the City's interest in such strips are now pending. Numerous other references showing the road to be very ancient might be cited, but those already adverted to seem to render unnecessary any further discussion of the point. Dei^rtmeT^t of Finarice, Eurear for the Exsir.inaticin if Ca ,^0>k>D P"^»OM NCV/UT CHURCH LA.NJ Department of Finance. Rnreau fur the Examination of Claims. 11 1 1 IL HOST- r ^»>N D AVE CHURCH LANE CLOVE ROAD. Length, 1.9 Miles. Intersects 33 Blccks. This road connected the settlement of Bedfonl with that at Flalbush in tlie Dutch days. Flatbnsh was in the early Dutch period the county seat and place of prime importance. The settlement of Bedford grew out of the difTicnlties which the settlers of Brook- lyn and Wallabout experienced in hauling hay from the salt meadows along the shores of Jamaica Bay. Bedford was a more convenient starting point because it materially shortened the haul. In 1662 Governor Stiiyvesant in response to a petition made to him granted to each of certain petitioners twenty morgcns of land at Bedford. This represented about forty acres apiece. The home lots were located at what became known as the Village of Bedford, at the intersection of three roads, the main road (later known as Jamaica Turnpike), the Cripplebush road and the Clove road. The plantations of wdiich the home lots were a part, extended from the Clove to the Hunterfly road. This situation considered with certain other circumstances leads to the belief that the Clove road was in existence for some time before Bedford was settled as a com- munity. There was a combination known as the five Dutch towns, composed of Brooklyn, Flatbush, Flatlands, New Utrecht and Bushwick. .\ register commissioned by tlie Director General travelled from town to town and took proof of wills, marriage settlements and other things, and in those primitive days chose the road that offered the fewest obstacles. From Bushwick to Flatbush the Bushwick and Cripplebush roads would carry the traveller to the main road (FnUon street of to-day) and then his most direct course for Flatbush was through the Clove road. Indeed, it would have involved considerable time and labor to have sought his destination by any other route. Even the name of the road suggests that it extended a mute invitation to go that way. Clove means cleft and its application in this relation is that it indicated the road through the cleft in the hills. On February 26, 1664, Governor General Stuyvesant issued a patent to Cornelius Van Ruyven and one of the boundaries of the land was "The Path." This land has been located by experts of the Commissioner of Records in Kings County and "The Path" identified as the road that was known more recently as the Clove road. On February 18, 1666, Thomas Lambertse secured a patent in which "The Carte- way," "Pathway" or "Highway" was made a boundary. This has likewise been identified as the Clove road. While it may be argued that 1666 was two years after the surrender, it should also be borne in mind that land is not usually described as 78 bounded by a bigbway unless tbat liiybuay is generally known and a liigbway or anytbing else does not become generally known luuil it lias been in general use for some considerable period. A fnrtber evidence tbat ibe road was tben generally known and well travelled is furnisbed by wbat is perhaps tbe first liquor license ever issued to tbe Bedford section. 1 bonias Lanibcrtse, who secured the patent referred to in the foregoing, desired to establish an "Ordinary" for the entertainment of man and beast, so he made application to tbe Governor, and on December 17, 1668, the following license was issued : "License granted to Thomas Lamberts, of Redford. to sell beer, wine and other liquors. "Whereas. Thomas Lamberts, of Bedford, within the jurisdiction of Brooklyn, in tbe West Riding of Yorkshire, upon Long Island, is willing to undertake tbe keeping of an Ordinary for tbe accommodation of travellers and other persons passing that way, with diet and lodging and horse meals. I do hereby give him license to sell beer, wine or any other strong liquors for their relief. And for his further en- couragement therein do think lit to order that no person living in said Village of Bedford have privilege to do so but himself. 1 his license to continue for one year after the date hereof and no longer. Given under my hand at I'ort James in New York, tliis 17th dav of December, 1668." FRANCIS LOVELACE. The worthy Lamberts probably did not engage in business for the purpose of losing wampum, so bis selection of a site at Bedford for the establishment of a road house indicated that there was considerable traffic passing through the settlement. As Flatbush was the principal town and centre of activity, the road leading thereto was likely to be a popular channel of travel and a road house situated at the junction where this important highway piet others branching in various directions, was likely to prove a source of comfort to its patrons and profit to its promoter. Other references to the road bearing date of very early times taken with the foregoing, leave no reasonable doubt that the Clove was a Dutch road. Portions of this old road south of Eastern Parkway still trace their way through open fields. Department of Finance, Bureau for the Examination of Claims. n KVM'^kY 8i DE BRUYNS LANE. Length, 7-10 of a Mile. Intersects 12 Blocks. Dc Briiyiis lane is a road lliat runs fn>ni tlie Kings Highway to Gravesend Bay. It is east of Bennetts lane, vvliich lias been treated in another report. This. lane is one of the earliest that e.xisted in Kings County, and, like many other roads, was first probably an Indian trail leading to the water. The lane takes its name from one Francis Brown, known earlier as De Bniyn, whose name is impressed on the history of that locality because of a certain famous law suit over the owner- ship of a strip of meadow Land claimed by both De Bruyn's successors and the town of Gravesend. An action to determine the respective rights was brought in tlie Supreme Court at Flatbush in 1789. Aaron Burr appeared as counsel for the town of Gravesend and secured a decision in favor of the tow-n. For this service and all expenses, he received a fee of 35 poimds, which does not seem excessive when com- pared witli some modern retainers. Long before De Bruyn appeared upon the scene the lane was in existence. It was the dividing line between a large tract of land that was patented in 1643 to An- thony Jansen and a series of nine lots known as "The Plantations," some of which were laid out as early as 1657. This tract of land and the plantation lots extended from the Kings Highway to the sliore of Gravesend Bay, and the lane was the only means of reaching the interior plantation lots from the front. As the settlement of New Utrecht grew, the lane became an important factor in the life of the connnunity. In those days there was excellent fishing in Gravesend Bay, and shell fish of many kinds were abundant. Dankers and Sluyter, who traveled through the Kings County section in 1679, and kept a journal of their expedition, state that in the Gowanus district the oysters were particularly plentiful and were very frequently about one foot long. Fishing was not the only privilege of value commonly enjoyed by the settlers. It was also a common privilege to rake the sedge grass that was washed on the shore, and this was a source of profit to many. The avenue through wliich they sought these fields was either Bennetts or De Bruyns lane, and what may be said of one may also, in general, be said of the other, but Bennetts lane has been treated in another report. Large fields of salt meadow land skirted the bay in some places and settlers of the surrounding towns were in the habit of driving their cattle through the Kings Highway and down either Bennetts or De Bruyns lanes to the salt hay fields, all of which is cited to show that the lane dates from the days of the Dutcli occupation here. Many transfers of the plantation properties and that tract across the road from them, might be scheduled bearing dates prior to 1664. when the English nominally assumed control. 82 There is no doubt whatever that Dc Briiyns lane is a Dutch road. As sucli, accord- ing to legal authority, the fee of the roadbed is in the City. Portions of the land have been closed by resolutions, but the resolutions did not clothe the abutting property owners with any right to fence in the lane without first getting a proper release from the City authorities. The lane was closed from Eighty- sixth .<:trcet to Kings Highway by resolution July 21, 1891 ; from Eighty-sixth street to Benson avenue, December 23, 1897; from Benson avenue to Cropsey avenue — reso- lution of the Board of Estimate and Apportiounient — June 14. IQ07. printed 1492 of the minutes. Department of Finance, Bureau for the Examination of Claims. BROOKLYIS- GPiEEN WOO D S. BATH F="UANH RO/VDi \\ NF:<^ UTF^EC HT TO FLATBUSH DE BRUYNEIS LANE. 85 GOWANUS ROAD. Length, 2.8 Miles. Intersects 65 Blocks. Brooklyn was born at Gowainis ; that is to say, of the territory which was later included within the boundaries of the City of Brooklyn, the first purchases by white men were made at Gowanus. In 1636 William Adriaense Bennet and Jacques Bentyn purchased 930 acres of land lying along Gowanus Cove. This is the first purchase of land in that locality of which any authentic record remains. On November 28. 1639, Thomas Bescher secured a patent to a piece of land ad- joining Bennet's land. Frederick Lubbertsen on May 26, 1640, secured a patent to a considerable stretch of what is now known as the South Brooklyn water-front. These lands were settled and wherever there is a settlement there is a road. Among the earliest jettlements within the limits of Brooklyn were the Ferry and the "Waal- bogt" or Wallabout. The ferry was near the site of Fulton Ferry, on the road that later developed into Fulton street. From the road the Gowanus road branched oflf and led toward the settlements that dotted the shore toward the Xarrows. On .\pril 5, 1642, Director General William Kieft issued the following patent to Cornelis Lanibertsen Coo! : "We, William Kieft, Director General and Council, etc., herewith declare and testify that to-day, dated underwritten, we have granted to Cornelis Lambertsen Cool a certain piece of land situate upon Long Island called Gouwanes, reaching in width from the wagon road running through said land, and Jan Patersen's land lying along the river to a certain copse where William Adriacnsen's land is next : Whereas this land has formerly been occupied by Jan van Rotterdam and Thomas Beets, it is ex- pressly stipulated that the paths running over this piece of land shall remain open; in addition to this piece a part of the meadow situate near the valley of .Anthony Jansen froiu salee, containing 2S morgens, is granted to Cornelis Lambertsen; all with the express condition and stipulation, etc., etc. ''Done the 5th of -\pril, 1642, at Fort .Xmsterdam, X. X., by order of the Ilon'ble Director and Council. (Signed) "WILLIAM KIEFT, "CORXELIS VAX TIEXHOVEX, ■'Sccty." The "wagon road" referred to in the foregoing is identified by the experts of the Commissioner of Records in Kings County as the Gowanus road, and there seems hardly room for any reasonable doubt in the point. 86 ]-"iirther cvidonce of tlic existence of tlie Gowainis road diiriiiK tlic Dutch davs is provided by the record of a conveyance from 'lluiinis Nyssen, farmer, to Adam Brouwer. Nyssen appeared before a notary pubhc — one Dirck Schelluyne — On April I, 1654, and declared that lie had conveyed to Bronwer the following : "Certain i>arcell of P.ushland (woodland) linieting Easterly after (in rear of) his house and land broad 45 rods (551 ft. 3 in.) proceeding to the highway (probably the old road from Govvanus to Brooklyn) and his land so far in the Bush (woods) as ye patent of Theunis Nyssen doth contain (extend), etc." The words in parenthesis in the foregoing are by the late Tennis G. Bergen, who was conceded to be one of the foremost authorities on the early history of Kings County. Mr. Bergen was a surveyor and so had special ability for accurately locating land grants, roads, etc. His designation of "The Highway" at the old Gowanus road would seem to leave little room for doubt that this was a Dutch road, even if there were no other circumstances pointing to the same conclusions. The early reference to this as a wagon road indicates that it had been in existence for some time prior to 1642, for wagons were not sent into liarreu country on aimless errands. Like many other old roads, this was probably developed by the Dutch from an Indian path. No road within the borders of Kings County had a more fascinating history than the Gowanus road. It was doubtless along this road that the keen Labadist fathers Bankers and Sluyter made their memorable journey in 1679, the record of which is one of the most illuminating pages of early history now in existence. It was along this road that the left wing of the British Army, known as Grant's division, marched in 1776 from the Narrows and held the American forces in check while tlie plan of battle was developed by the other divisions. It was on this road, too, that later in the day. General Sterling finding his line of retreat cut off by Lord Cornwallis, savagely attacked the British, but was finally overwhelmed. The purpose of this report, however, is not to review history ; it is simply to show that the Gowanus road was of Dutch origin and under the law of Holland, tlic fee belonged absolutely to the Government. The Borough President of Brooklyn has forwarded a report of his Topographical Bureau showing the portions of the Gowanus road closed by lawful authority. Follow- ing is a copy of said report : "From the boundary line between New LUrecht and Brooklyn (Sixtieth street) to Forty-ninth .street, and from the line between the farms of Bergen and Van Pelt (probably between Forty-third and Forly-fourtli streets) to its intersection willi Third avenue (about Thirty-ninth street), the road was closed by resolution of the Common Council of the City of Brooklyn on March 30. 1840. "The road from Third avenue to I'ourth avenue was closed by the Common Coun- cil, September 27, 1847; a parallel street (Thirty-sixth street) having been ceded, opened and accepted. 87 "From Third avenue, at its intersection with Twenty-eightli street, to the old black- smith's sliop at Thirty-sixth street between Fourth and Fifth avenues, the road was closed by the Common Council, February 23, 1846. "The Committee on Streets reported to the Common Council at its meeting of April 25, 1853, on a petition to close the road from President street to Sackett street, that the Board had no power to close the road until Fourth avenue shall have been opened for travel. No record found of any further action. "The following references apply to a branch of the main (iowanus road, know^n as Gowaiuis lane; also as Mill road or road to Freak's Mill, which extended from Gowanus road to Court street, near Baltic street, "A petition to close this road from Court street to Freak's Mill was referred to the Street Committee, October 19, 1835. No data found of any further action. "The Street Commissioners of the Common Council, on July 5, 1836, reported on a petition to close the road from Warren street to Baltic street, stating that the power to close vests in the commissioners appointed to lay out the street system for the city. "At a meeting of the Common Council, held on May 13. 1839. the Street Committee of the Common Council reported on a petition to close the road from Court street to Hoyt street, stating that such petition was not in accordance with law. "The Committee on Streets reported April 29, 1844, to the Common Council on a proposition to close the road to Freak's Mill, stating that the road had been heretofore treated as private property and assessments have been levied thereon. The report was laid on the table. "From Baltic street to Hoyt street, the road was closed by the Common Council, June 30, 1S45. "The Common Council, on August 5, 1S39, closed the road from Court street to Butler street. "The road in the block bounded by Douglass street, Degraw street, Hoyt street and . Bond street was closed by the Common Council, November 27, 1848. "From Butler street to Douglass street, the road was closed by the Common Council April 21, 1851." Department of Finance, Bureau for tl.e Kxamiiiation o f Cla GO WAN US F?0^0 91 HUNTERFLY ROAD. Length, 2.6 Miles. Intersects 40 Blocks. The status of this road dififcrs from tliat of some others discussed in these re- ports, because many portions of the Hunterfly road are still uninclosed, and, therefore, claims of ownership through adverse possession are not likely to be seriously urged. Searching through the remains of centuries that are gone is a work that cannot proceed with the rapidity that would be possib'.c had our worthy forefathers left com- plete records of their roads. The report does not assume to be complete in all detail, but in its preparation many authorities have been consulted, and, as a result, I believe that the road shown as the Hunterfly, was originally an Indian trail leading to the wampum beds on the shores of Jamaica Bay, was developed under the Dutch and used by them for various purposes, particularly as a hay path; and under the British, continued in use as a road for general purposes and in a period well within the memory of persons living now, was used as an avenue of communication from the main road (Jamaica turnpike) to the shore districts of Canarsie. That the story may be presented in orderly fashion, it w'ill be considered under three heads: First, the Indian times; second. Period of the Dutch Sovereignty; third, Period of British Supremacy down to modern times. Tlie Indian Times. Long Island was known in early times as Matanwake, Pavmanake, Meailjwax, Sewanhacky, etc. The last name indicates in a measure the characteristic feature of Long Island as it appeared in Indian times. Sewan was a word practically synony- mous with wampum, and the two are often used interchangeably. Sewanhacky means "Island of the Shells," from which it will be seen that the shell deposits on Long Island were unusually abundant. This circumstance is frequently meiuioned in early history. Wampum, the circulating medium of the Indians, was made from shells, and the shores of Long Island provided a natural mint. Jamaica Bay, and particularly about the shores of Canarsie, there were deposits of exceptional extent and value, hence it is not surprising to learn that the Indians established a headquarters at Canarsie, for Indians, like their white l)rethren, liked to get as close as possible to the currency. The Indians that inhabited this end of Long Island belonged to the Algonquin race, although referred to as Mohcgans by Dutch writers. The Canarsies, a branch of the race, controlled all of wdiat is now Kings County, and a portion of Queens County. The tribe was further subdivided under local names, and settlements existed at Brooklyn, Wallabout, etc.. but the headquarters of the tribe appears to have been at Canarsie. A place of such importance, being the capital and I'lnancial centre, so 92 to speak, necessarily lia.l to he appiuachable, and tlic location of the Ilunterny road indicates that it was the route followed hy braves of the local tribes when they visited headquarters at Canarsie. The topography of the road indicates tliat it was originally an Indian trail. In regions of circumscribed area, such as islands, Indians, in making journeys, followed tlie line of least resistance; that is to say, they followed depressions in the land and skirted hills wherever possible, which accounts for the \ery crooked lines of many old paths. Kcing familiar with the entire country, and ha\ing no resident enemies to fear, tluy miglit select the easiest line of communication. It has been stated by some writers that certain Indian trails followed the highest points, as a measure of military precaution, in order that the\- might conmiand a view of the surrounding country, and afford timely warning of an ajjproaching enemy. These writers consider long trails passing far beyond settlements or camps and through country that was the common roving groun ^g ^' ^ *; \y /V; ^,>0^^ rs KI.Nl.SBKIDtiE KUAU. Department of Finance, Bureau for the Examination of Claims. WiTp- fant it-^-t ■tt, - 'f f: cs -m "^ — ^ ■^i jiJ\ ii ■ ^-ii/it- ..t£*-^\ KINGSBRIDGE ROAD. Department of Finance, liurcau for tlie Examination nf Claims. KIN(iS]!IT I'le l-"\riniinati(in nf C'aiin^ sev^tnTH SIXTH F-(FTH F"c=U RTH t _ 1 t« J t_ , . , IJL1.UUL n"T^ffl"hnnra|]nn1 - (S»sjs^^ ^ PI ji-^ n .?> P i; a^C.-' \' ave: SECOND Ave^ KINGSBKIUGE ROAD. Dc-pai'tiiK-Mil of Finance, Biiriau fur the Examination cf Claims, X '\ \ i \ I / ■ > / 2^ / Z 7 ; ! 10 \ ' ■•• .(■/■,,■ ,17 ^ KINGSBRIDGE KUAL). Department of Finance. Bureau for the Examination of Claims. KING.SUKIDGE ROAD. Department of Finance, Bureau for the Examination of Claims. \ L. / J , \ i'l-nw! ,\\l/' j Fori Tvv ) ,, flu lie;/''/-' KIxXGSBRIDGE ROAD Department of Finance, Bureau for the Examination of Claims A_ I ! KINGSBRIDGE ROAD. ■45 KYCKOUT ROAD. Length, 3.9 Miles. Intersects 98 Blocks. The data available at the present time which bears on the earlj- history of this road is rather sparse, but it is quite evident from the works of rehable historians that the road was in existence at a very early date during the period of the Dutch occupa- tion here. The name is one that bespeaks in a measure of the character of the highway. Kyckout, Kickout, Keikout, etc., for the name is variously spelled, means "lookout." The significance in connection with the road under discussion is this: In the very early days when Bushwick was but a cluster of huts and the country immediately sur- rounding it was a dense wood, there was considerable danger from the Indians. It is also a matter of record that the paleface brothers did not live together in the unsel- fish tranquility that those who sigh for the good old times would lead one to believe. So in order that the village and the settlers might not be entirely unprepared in case of attack, they established the lookout. This stood originally on the brow of a high bluff wliich was located just about where the Brooklyn tower of the Williamsburg Bridge stands now. From the village of Bushwick to this lookout there was a road and this road was known as the road to tlie lookout or the Kyckout road. On the 14th of !\Iarch, in 1661, Governor Stuyvesant visited Bushwick, and, it may be remarked incidentally, the place was not Bushwick until after the Governor arrived, for it was on that visit tliat he gave the place its name. While the Governor was there, the citizens applied to him for certain privileges. The third prayer of this petition read as follows: "To have roads for the purpose of going to the river and kills, to wit : One road, between the land of Hendrick Willemse Baker and Jan Connel ; the second upon Dirck Volkertsen (the) Normans Land, which is named the Woodpoint; the third over (Jacob) Steendams Land to come to Mispat Kill; the fourth over Albert de Normans Land to get hay and other things." This quotation is taken from Stiles' history of Brooklyn, which quotes the pethion in full. The original appears to have been lost, according to the authorities in the office of the Commissioner of Records in Kings County. Inquiry there as to whether his experts regarded the Kyckout as a Dutch road brought the following reply : "In reply to yours * * * vvould say that we have always considered this road to be of Dutch origin. The records of the old town of Bushwick, bearing upon the roads therein, were lost some seven years ago, or rather disappeared from the County Clerk's oflfice ; hence we cannot refer you to them, but you will find extracts from them in Stiles' History of Brooklyn, Volume 2, page 329, which lead us to the above con- clusion." 146 The name Kyckout grew in popular favor, and later the water-front in the locality and also the Kyckout farm, were so named. The Kyckout farm was held originally by one Jean Mescrole and for many generations remained in the Meserole family and the various branches tliereof. The original Meserole built a house on the Kyckout bluff and in later years this became one of the favorite resorts of Captain William Kidd, who might be called the pirate with a press agent. Dr. Stiles in his hostory of Kings County, speaking of the Kyckout farm, describes . its partition, and says : "There remained, however, a road or bridle path known as the 'Keikout road,' which seems to have dated from the very beginning of the settlement. It ran from the side of the village laid out around the old Bushwick Church, and down near the present North Second street to Tenth, near Union avenue. Then, turning southerljs and with various zigzags, now- touching the present Ninth street, and again further south, inter- secting Tenth street diagonally, it came to the present Broadway, near Ninth street, at the old Brooklyn line. It again turned west along or near said line, about a rod in width, to the shore of the East River. Then, turning northerly along the East River, it extended to Bushwick Creek, then 'Normans Kill.' It was doubtless a Pent road with gates of bars, separating the different farms through which it passed." Under date of March 24, 1662, the people of Bushwick complained to Governor Stuyvesant in the following manner : "The community of Boswyck find that the road formerly made around two swamps to reach the water is a quarter of a league longer than necessary, so that this road is of no use in times of war, for the owners of land threaten us (although the Director General granted us this wood), and take it by force and obstruct every passage to it. We find it is done out of hatred and we therefore request the Commissaries that the road shall run at the west end of the village one rod outside of the gate, right along the meadows, towards the old stubble field on the hill, to the spring of the water course, thence along the land of Henderyck the baker and Barent Gerretsen, so along the meadows and then in a straight line to the road to the woods. This is requested by the undersigned persons on the 24th of March, 1662." Signed by Elberhardt Heede- man and eighteen others. The road referred to in the foregoing is believed by the experts of the Commis- sioner of Record's office to be the Kyckout road. The question of what portions have been closed liy lawful authority presents some difference of opinion. The Commissioner of Records has expressed the opinion thai the road was closed by chapters 123 and 132 of the Laws of 1835, and chapter 384, Laws of 1854, but adds ''we are unable to find any official action or report of the closing of the same." The Topographical Bureau of the Borough President's office in Brooklyn reports as follows, on the closing of the road : 147 "I have found no records of the closing of this road under the name of the Kickout road. I have, however, a record of the closing of an 'Old Road,' which may be a portion of or all of the Kickout road in the village of Williamsburgh. This road is described as being near Tenth street (Keap street) and was closed by the trustees of the village of Williamsburgli, on August i8, 1851, with the exception of such portions as are included in the streets of said village." To this may be added the statement that during an examination conducted in this office one of the petitioners was asked when the road was closed and replied that it was in 1852. Asked on what authority this statement was based, replied that it was on the authority of a statement made to him by the Lawyers' Title Company. All of which is respectfully submitted. Dcpaitiiicnt of Finance. Durcan for llie Exaiiiinatiun of C'ainis. COMMON HIGHWAY BETWEEIM woF?TMAN a de:f"orest. -®^- KYCKOUT ROAD Department of Finance. Bureau for the Examination of Claims. 153 LOTTS OR LITTLE LANE. Length, 1.5 Miles. Intersects 41 Blocks. This road ccnnectcd the main road with what was known as the road from FUubnsh to New Utrecht in the days of the Dntch sovereignty. A part of the lane is still open and in use as a public highway. In Dutch days this lane provided something of a short cut from Flatbush to New Utrecht and the shores of Gravcsend Bay. The bay was then a place of much activity because of the valuable shore and water industries. The Court minutes of Flatbush, under date of December IS. 1662, contain the fol- lowing entry ; "Lubbert Lubberts asks for a house lot in this town Midwout, on the west side of said towne, on the south side of the road and on the west side of the cross road, wide 6 rods, long 16. "The request of Lubbert Lubberts was granted by sheriff and judges." From the foregoing description and others in the locality, the property has been located by the searchers of the office of the Commissioner of Records in Ivings County and ''the road'' mentioned was what is now known as Lotts lane. In the year following— on March 30, 1663— Jan Cornelessen Van Tassel offered security for the payment of a horse that lie had purchased some time previous from Jan Eevers Bout. In the acknowledgment Van Tassel declared that he was "clearly indebted to the worthy Jan Eevers Bout to the extent of SO bu. good marketable rye arising from purchase of a horse tliat I acknowledge to have received, which I prom- ise to pav at Christmas next, anno 1663, exacllv and to satisfy the same I pledge my person and property, especially my farm situated at Midwout, on the north side of the road, and on the south side of Alber Krenick which I place under dbligation not to diminish or alienate the same before or untill that I have satisfied the above mentioned Jan Eevers Bout." All of which was done before Wellem Jacobs van Borm and Hen- drick Korcss, judges of the town of Midwout. Thus, Van Tassel's farm is definitely located as lying between Lotts lane and the Krenick farm. The Polhemus farm was just across the road to the south, so Lotts lane formed the b.jundary between them. In view of the foregoing, there does not seem to be room for any reasonable doubt that Lotts lane is a Dutch road. From the records of Topographical Bureau it appears that on November 9. 1891, Lotts lane, from Ocean parkway to Coney Island avenue, was closed. On December 31, 1903, Lotts lane, from Ocean parkway to East Second street, was closed. That portion of the old road from Flatbush avenue to Coney Island avenue lies wholly within the lines of the present Avenue C, so no question in connection wich releases is likely to arise in this section. That portion from East Second street westv/ard is still in use. Department o£ Finance. Bureau for the Examination of C'aims. 157 NEWTOWN AND BUSHWICK TURNPIKE. Length, 3.5 Miles. Intersects 72 Blocks. History has not told liow tliis road first came into existence, but, like many of the old roads, it was doutless developed from an Indian path. This road should be considered from two points of view, as the highway and as the turnpike ; for what was known in later years as the Brooklyn and Newtown turnpike embraced an old highway in the Bushwick section and the Cripplebush road, which tapped the Bedford section. The road was one really connecting Newtown with Bedford and points on the Jamaica road, and names such as Cripplebush were localisms applied to certain sections. While the line between Bedford and Cripplebush was known as the Cripplebush road, the highway was continuous from Newtown to Bedford. This is a point that should be kept constantly in mind when considering the subject of old roads. Present or popular names applied to particular highways would lead to a hopeless end if one were to seek references in the early records to names that are familiar now. The reason is simple. Often a highway would have no special title that would be called merely "the road." At a later period some local name might be applied to the same highw-ay, as, for instance, "Cripplebush," and thereafter it would be known as the Cripplebush road. From this it may be seen that a road is often very much older than its name. Hence, while this highway is often referred to as Cripplebush road and Brooklyn and Newtown turnpike, it is more accurate to describe it as the road from Bedford to Newtown. The legal status of this road was recently considered by the Appellate Division of the Second Department in the case of Caminez & Goodman (Advance Sheets for September, 1907. pages 484 to 488). The Court held unanimously that if the road was Dutch the fee was in the City and the Court then decided from certain historical references that the road was Dutch. The opinion written by Mr. Justice Gaynor follows : "If the old road was a Dutch road the fee of it was in the City, after the law of the Continent of Europe, and its conveyance to the plaintiff's predecessors was good (Dunham vs. Williams, 37 N. Y., 251). The capitulation of Long Island by the Dutch to the English was in 1664. If the road existed at that time the plaintiff's case is made out. It is mentioned in Riker's Aimals of Newtown (pages 83 and 84) as having been repaired in 1670, showing it to have been of some age then ; and in Ostrander's History of Brooklyn (Volume I, pages loi and 102) it is mentioned as existing in 1662, when the Village of Bedford was laid out. It is therefore called the 'Cripple- bush road running to Newtown,' As Bedford was between Brooklyn and Newtown and Cripplebush road between Bedford and Newtown, and there was only one high- way from Brooklyn to Newtown, the identity of the road seems not to be open to dispute." 158 There arc iither references which possihly escaped tlic attention of the learned Judge, for the ancient records show that this Iiighway was known hy llie following titles: "Iiighway running from the Kill-Kulls." "Old Highway and Most Ancient Higliway," i6-)8; "■ Valley or Highway," 1654 ;, "Valley or Path," 1654-55; "Het Kenis Paot" (the cross roads), \(6i ; "The Road," 1662. If the road was regarded as "an old highway and most tincieiit higliway" in 164,^ it is hardly necessary to seek the origin. The life of the turnpike appears to date from 1S14. The following laws relating to it have been found: (iciu-itil Provisions. Date, March 2-,, Laws of 1814, Chapter 7J. Incorporated the Newtown and Bushwick Road Turnpike Company for the pur- pose of "making" a good and sufficient turnpike road from the west end of the road of the Flushing and Newtown Turnpike Bridge and Road Company, in the County of Queens, to the east end of the road of the Wallahout and Brooklyn Toll Bridge Company, in the County of Kings. Date, April u; Laws of 1815, Chapter 175. Amended chapter 72 of 1814 as to rates of toll. The company complained that stock could not he sold with toll rates as they were originally fixed. Date .\pril 12; Laws of 1816, Chapter 122. .Xmended original act by authorizing the appointment of two new directors to replace two deceased. Date, .\pril 4; Laws of 18,33, Chapter 104. Amended original act by authorizing five directors instead of seven, three of the five to constitute a quorum. To sum up : The road from Bedford to Newtown, variously known as the Brooklyn and Newtown turnpike, the Bushwick and Newtown turnpike, the Cripple- bush road, etc., as a Dutch road, and has been so designated by the unanimous bench of the Appellate Division of the Second Department. In addition to the authorities cited in the opinion of the Court, there are others showing the road to be one of great antiquity. Department of Finance, Bureau for the Examination of Claims. BROOKLYN ©.NEWTOWN TURNF»JKE.. Department of Finance, Bureau for the Examination of Claims. ROOKLVN a NCWTOWW TURNPIKE. clove: f? o/\ o i63 WOODPOINT ROAD. Length, 2.7 Miles. Intersects 55 Blocks. This road traversed the old Biishwick section. It began at about Conselyea and Humboldt streets and followed a crooked course to the head of Normans Kill (Bush- wick Creek), which, in the early days, was at a point near the present intersection of North Fourteenth street and Driggs avenue. Bushwick was one of the earliest settlements made witliin the present limits of Kings County. In order to trace the settlement from the very beginning, it will be necessary to refer briefly to conditions on the Continent of Europe in the early part of the seventeenth century. Religious troubles had divided many countries, and the spirit of intolerance of religious freedom drove many from their native lands. In Holland the refugee found the greatest liberty, and consequently tliat country became the temporary home of many nationalities. Among the refugees were a considerable number who had fled from Normandy to escape the rigors of religious persecution. When Henry Hudson's report of his voyage was made known in Holland, the commercial spirit of the Dutch was kindled and plans were advanced to settle the new possessions. The new world opened a field free from religious restraints, and so when the first Dutch expeditions started they carried many of the refugees. At a very early date, the ex.ict date has not been ascertained accurately, a party of the refugees left New Amsterdam and sailed up the East River to Bushwick Creek. Entering here they made a landing and named tlie stream Normans Kill, by which name it is referred to on old maps. No political community was formed at that time, each individual squatting on land that his eye fancied ; but for protection against the Indians there was naturally a common tendency toward a centre, and that centre was afterward the heart of the Town of Bushwick. The exact spot is defined to-day by the Old Bushwick Reformed Church, Hnmlioldt and Conselyea streets, which stands exactly wdicre the first church building stood. The road leading from Normans Kill to the centre of the settlement was the old Woodpoint road. It may have been the first road trodden by wdiite men in that section. While it is not known exactly when the first settlers landed on the shores of Normans Kill, it was probably about i6^?6, and certainly before 1638. On August I, 1638, Director General Kieft purchased from the Indians for the West India Company all the land that was embraced within the old town of Bushwick, and a considerable portion of what is now commonly known as the Eastern District. The price paid was eight fathoms of duffel cloth, eight fathoms of wampum, eight adzes, twelve kettles, eight axes and some knives, corals and awls. 1 64 I have treated this point at some length because the point has been raised that the West India Company and tlie Governors of New Amsterdam did not have juris- diction over outlying settlements. Below there is more convincing evidence of Dutch authority. After the purchase the settlers took out patents from the Director General for the lands on which they had squatted. In i6.)o the Hiishwick Chnrcli was erected, facing on the Woodpoint road. Close to this edifice, on the same side of Woodpoint road, was the school house, and just across the road was the town house. This section was called Het Dorp, or the town plot, of Bushwick. On March i_|. 1661. Governor Stuyvcsant visited Rushwick. and after he had been properly regaled after the manner of the times, was asked to give a name to the place. The Governor called it "Boswijck," which meant Town of the Woods. Early histories spell tlu' nrune in \arious ways and give different interpretations of its meaning, but all a.gree that the place derived its name from the dense woods that covered the section. In rC/ii the old P.usluvick Churcli and the Town of Buslnvick were incorporated by Governor Stuyvesant, and Bushwick became known as one of the five Dutch towns, and Governor Stuyvesant issued a patent or ground brief to it. The five Dutch towns were Brooklyn, Flatbu.sh, Flatlands, New Utrecht and Bnslnvick. A register was especially conmiis,sioned by the Director General, whose duty it was to go to the towns and take proof of wills, marria.ge settlements and the like. The five Dutch towns had a further community of interest in that they formed one ecclesiastical congregation. These facts would seem to effectually dispose of any theory that the Director General was without authority in outlying towns. Evidence of such juris- diction might be multiplied, but tliat is hardly necessary here. The road had an interestin.g history in Revolutionary days, but it is not the purpose of this report to do more than establish that the old Woodpoint road was a Dutch road. There is no room for reasonable doubt that it was, although often referred to in official documents by various names, to wit : "The Road to the Woods," 1662; Village road, 1663; road to Woodpoint, 1663; road to Normans Kill, 1663. Portions of the old Woodpoint road are open to-day and are being used as public streets. From Ma.speth avenue to Withers street the road is still in use, and in front of the old Bushwick Reformed Church the road is just as open to-day as it was two hundred and fifty years ago. Department of Finance, Bureau for the Examination of Clain r OLD rviILL F=?0/KO VS/OODROINT ROAD ^■1 LIBRARY OF CONGRESS 014 220 505 1 ";t< .* ^f..^-