294 FIFTEENTH ANNUAL REPORT OF THE 



2. Lands in Great South Bay. (a) In the supreme court of New York, 

 county of Suffolk, in the case of the town of Babylon against William Dar- 

 ling, recently decided, the report in part reads: 



" By this action it is sought to determine whether Babylon Township 

 or the State of New York has title to the land under water of the Great 

 South Bay between Brookhaven line, known as the Ranges and Sampa- 

 wams Point, a distance of about ten miles. If the State has title, judgment 

 must be for the defendant. 



" I conclude as follows: That the easterly boundary of Huntington 

 and the property granted to it under its patent is fixed and determined by 

 the Fletcher patent of 1694, to wit, at the easterly side of Sampawams Point ; 

 that to the west thereof its title extends to the Ocean; that from the east- 

 erly side of Sampawams Point to the Ranges, the title to the land under 

 water in the Great South Bay, or locus in question, is in the State of New 

 York, and I accordingly give judgment for the defendant." 



Within the boundaries mentioned in the above decision there is con- 

 tained about thirty square miles, or nineteen thousand two hundred (19,200) 

 acres, covering hundreds of acres of land well adapted to shellfish 

 cultivation. 



(b) Great South Bay — Lands of Smith Heirs. Lying in Great South 

 Bay to the eastward of the lands above described are the lands known as 

 belonging to the Smith heirs, comprising about twenty-one square miles, 

 or thirteen thousand four hundred and forty (13,440) acres, and including 

 some of the best known oyster lands in the State. The attention of the 

 shellfish planters throughout the country has been centered upon this 

 locality since information has recently been made public that these lands 

 have been sold to a syndicate of well known oystermen. Such interest is 

 understood when it is known that Great South Bay, and particularly the 

 portion of that bay in question, is the natural habitat of the far-famed 

 Blue Point Oyster, and that by law no person, firm or corporation may sell 

 or offer for sale any oysters, or label or brand any package containing oysters 

 for shipment or sale, under the name of Blue Point Oysters other than 



