The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-02-05
Important Land Case.

WHAT CONSTITUTES HIGH WATER MARK,
Quite an important land case has been on tsal Tor two
weeks past in Hudson county, involving interesting
questions relating 70 the rights o. land owners fronting
on tide waters In 1914 and 1918 the Colonel John
Stevens OF Hoboken, sold TO Samuel swartwout up
wards OF three hundred OF sat meadow lying be-
tween the village Of Hoboken and Bergen Hill Swar
imagined that by retaining the land by better
bankmenis he could render IL highly valuable But his
ark terminated rather unfavoraby. The meadows
mortgaged the late John q. Costar and sold
to pay the debt The heirs Of Cosiar have been the
owners for a number OF years past These meadows
the south extend distance south Of the turnpike
road leading from Hudson City TO the Hoboken ferry
and the Costars claim that they extend TO the ordinary
high water mark Harsmus cove, which the Nor
and Essex Railroad has been constructed and hence
they claim the right % reclaim TIE mud aass in front
them twenty thirty acres OF these flats, which
now highly valuable. The claim In the pending
suit for about seventeen acres. The Hoboken
Land and Improvement Company, who succeed
TO MI Stevens oppose this claim contending
lines and definite number Of acres they could extend
no further than the survey; and also that ordinary
mark below outside Of the limits OF the
The OF the ground the south side Of the fiat
conveyed was originally low meadow or marsh Spring
tides would usually come up 70 ssarswouts land neap
And Of the questions OF law IN the was, what
tide xes the line Of high water mark to which the title
Of land owners extends and the presence Of which makes
The Judge (BedIe) ruled that ordinary high.water
marx In law Is ncfther the line OF spring tides nor thai
Of neap tide, yet that Of tides but the ordn
airy average tide between the spring tdes-throwipg
the spring tides Of the On this charge the
jury found - feet inches Of Swarwouts land grazed
by the ordinary heh-w mark which would have the
effect found by the verdict Of giving 10 the plaintiffs
strip Of about IL Is feet width out 10 the RIVER
embracing about onehird Of acre. instead Of the II
claimed
The defendants contendsd that the natural bank Of
the meadow TO which grass and sedge grew
natural or ordinary mark OF the ude which In New
Jersey defines the line Of ownership and that this line
outside Of the Swartwont lot They also claimed
that nesp tide s tbs true ordinary tide referred 10 in the
law. II they correct either OF these points the
plantis would not be entitled any Of the fats The
case n understood will be carried up In order have
these interesting points determined.
above Kearny, We densey crowded yesterday morning
by en- eager trong Of all nstionaes represented in our
population who had gathered witness The funeral
IN honor q the late Chu PAX OF The oldest
and most notable Cinnamon OF California Gnu PAX IVES
sxynine years OF age, and but short time since was
President Of The Be Yup Company. Ne vas known
among the Chinese residents OF San Francsco ~ ne
honorary title Of Tho Venerable Old Man" His funer
We extensive AFFAIR, and conducted Win ~ .ns
elaborate ceremonies prsctsed the OCCASION o. sne
death Of distinguished man among ne Os1ennn ane
long tables spread ia the street were covered yrn us
cooked food goat dressed with the skn I'd nofns on,
bus the hair removed hogs ana sAee2 $3.50 wn si
DO, and decorated with nowvGn, fsasheS -
nannelso and ndesuFibabls ornemenS 49,
~ burned, prayers rseiese, 80 49, - P-y@
tssd pesohsd m . vsvHa1sh 80 ~ - '"s '~
hoqn ID spocesssoa. --in 0Sss&