The Republican journal. [volume] (Belfast, Me.) 1829-current, 1870-05-26
THE OWNERSHIP OF THE COMMON.

SINCE the proposal to take the vacant lot to
the westward of the foot of Main street as Il
site for the Railroad buildings, an intention
by certain persons to claim it has been given
out. 1t is of interest to know by what title
the city claims to hold or dispose OF it, The
following article contributed to the columns
of the Progressive Age, in 1866, during the
suspension Of this paper, gives all the known
facts in the case, and renders lis ownership
unquestonablc, Ii is from the pen of Joseph
Williamson, Esq, whose painstaking research
into the early history Of our city, is well as
his legal requirements, will give every one
the utmost confidence in his statements. The
following is the communication
Az the value Of the triangular piece Of land at the foo,
less euphoniousy 'Padlle DOCK las advanced since
the great fire, and az question has recently
concerning the legal rights OF the public in the premises
the following abstract Of title may be interesting
INC ani referred to s part OF lot numbered thirty
original propretors in 1863, confirmed to John
Mitchell one OF their number For many years it was
landing, and some of the first buildings erected
within its limits. Until as late 1907 the western por
ton OF Belfast was more generally known as Sandy
Beach, than by its corporate
In 1900 through the grantees of Mitchell the title
this lot became vested in Moses Narnum and James
Badger, both citizens Of Belfast On the sixth of Oct,
1902, by their deed Of that date duly executed and
recorded in consideration Of one cent paid by the in.
habants Of the town OF Belfast they quitclalmcd to
the said inhabitants and their posterity forever be
used as Common or Market, certain parcel Of land
situated Sandy Beach, called, and bounded as
follows, viz beginning ut stake westwardy
OF the southwest corner OF said Narnums house
in which he lives four feet front OF same run
ming south htty-tye degrees east, fourteen rods and
nineteen links to stake and stones thence south, six
degrees east to the north westMardly Ut said
thirteen
thence, SOUTH eghtytwo degrees vest twenty rods
ana sixteen ms 70 Market street. 80 called At sake
aud fifteen links to stake tour ee southwardly the
soath westwardly corner of Nathan Smiths house.
thence north fifty eight degrees east sixteen rods and
ten links to the bound first mentioned" THIS is a
description OF the premises taken from copy OF the
deed in my possession. The original deed is supposed
| to be lost.
Narnum trader, and resided here for several
years after making this conveyance lie removed to
Oxford County where he died, and where his descend
ants now live. Badger owned only small portion OF
lot thirty-ive, Narnum being the principal proprietor
Titles to large portion of the business part OF city
| are derived through the latter
No formal public acceptance OF this gilt made
Its first recognition appears In 1910 when the inhab
itants voted that .Wam Crosby, William Moody and
concerning the title of the town to the common on
Sandy Beach," Their report, il made is not to be found
of record file In 1916, it voted mot sell
the common" Eight years afterwards, the selectmen
were authorized to lease it. In 1929 the surveyor of
highways for the village district instructed 'to
cause the common or beach to be cleared of timber um-
Der &c. and also backsmiths shop erected there
on by Capt Bl3hop TO Dc rcmoYed.' The last
municipal action upon the subject appears have been
in 1898, when the Seectmcn again empowered to
rent the the beach for the ensuing year and
TO apply the proceeds OF such rent to the filling and
improving said common Since then it is belleYed that
the town and city authorities have ceased any
control OF the premises which have been indeed
1t has been concnded that the title the city to this
land ~ destroyed by reason of the leases and made
by the town Tor purposes other than "A Common
Market, a5 expressed in the deed from Narnum and
Badger or in other words the condition named by the
grantors not having been complied WITH the public
rights eNnguished. The to this is obvious.
There is nothing in the deed raise the idea cond-
ton by rules OF law, which in instrument the kind
must be expressed in apt and sufficient words. The
usual and proper technical words OF IL condition, such
IA provided" or $50 as wanting, and although The
gntors evidently intended that the premises should be
used for the purposes indicated. their intention
does not govern No time is fixed within which the
designated was to commence under what terms
by whom such to be exercised Recent decisions
In Massachusetts conclusive upon the subject That
in the case of Rawson V. UNbrdge, (. Aliens Reports
l25) is strongly in point. grant of land made
the inhabitants of Uxbridge "ior burying place for
century, when the burying ground discontn
ued and the land sold by of the town. There
upon heir of the original grantor claimed breach OF
the condition Of the deed, and commenced action
possession. But the decided that conveyance
was absolute, and not upon condition, sustaining the
appropriation made by the tor purpose different
IRON the intention OF the grantor The rule aI
pied to the present question leaves doubt Of the
right OF the city to sell lease otherwise dispose
any legal purpose the old Common Sandy Beach -
j. W.