Proviso.

Lands in
Brooklyn

Winter, late husband of the said Agnes Winter, and to his heirs and assigns forever.

§ 2. Nothing herein contained shall be construed to impair, release or discharge any right, claim or interest of any creditor by mortgage, judgment or otherwise, or of any devisee or heir-at-law of the said Agnes Winter. §3. This act shall take effect immediately.

Chap. 661.

AN ACT releasing the interest of the People of the State of New York in certain real estate to Thomas C. T. Buckley.

Passed May 6, 1869; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. All of the right, title and interest of the re-leased. People of the State of New York, acquired by escheat by reason of the alienage of Mary Mongredien, widow of John Mongredien of Crusay, in the Canton of Brezolles, Department of Eure et Loire, in the Empire of France, the sister and devisee of Charles Vale, late of the city of New York, deceased, of, in and to eight lots of land in the city of Brooklyn, county of Kings and State of New York, and conveyed to Thomas C. T. Buckley by said Mary Mongredien, by two deeds dated respectively, the first day of July, in the year one thousand eight hundred and sixty-five, is hereby released unto Thomas C. T. Buckley, of the city of New York. § 2. Nothing herein contained shall be construed to impair, release or discharge any right, claim or interest of any creditor or purchaser, heir-at-law or devisee, in the said real estate.

Proviso.

Chap. 662.

AN ACT in relation to the Portchester Savings

Bank.

Passed May 6, 1869..
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:

SECTION 1. The Portchester Savings Bank is hereby Tempo-
authorized to make temporary deposits not to exceed posits.
fifteen thousand dollars in any one bank, in any incor-
porated bank, banking association or national bank,
formed pursuant to the laws of this State or of the
United States, and located either in the county of West-
chester or the city of New York, and to receive interest Interest
on such deposit at such rates, not exceeding that allowed thereon.
by law, as may be agreed upon.

§2. This act shall take effect immediately.

Chap. 663.

AN ACT for the relief of Charles J. De Graw.
Passed May 6, 1869; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows:

board to

SECTION 1. Jurisdiction is hereby conferred on the Canal
Canal Board to hear and determine the alleged claim of determine
Charles J. De Graw, of Fulton, Oswego county, assignee claim.
of Albert G. Sage, for loss alleged to have been sus-
tained by him in consequence of the sliding of the canal
bank at the head of the Moses Kill lock on the Cham-
plain canal, in May, eighteen hundred and sixty-seven, and
if it shall appear that the said De Graw as such assignee May make
constructed said work in all respects according to the award.
plan and specifications named in his said contract, and
as directed by the engineer in charge of said work, and
that the sliding of said bank was in consequence of a
defect in the plan of said work, and not caused by any
negligence or fault on the part of said De Graw, it shall
be lawful for said board to award to said De Graw the
actual cost incurred by him in rebuilding said bank.

§2. This act shall take effect immediately.

H

Necessity of copying records,

how to be declared.

Chap. 664.

AN ACT in relation to the copying of certain records and papers in the office of the clerk of the court of common pleas in and for the city and county of New York, and fixing the compensation of the deputy and assistant record clerk in said office.

Passed May 6, 1869; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Whenever any books or minutes, records, registers, indices or dockets of judgments in the office of the clerk of the court of common pleas for the city and county of New York, shall have been declared by the first judge of said court by his certificate, to have become mutilated or injured by use or otherwise, so that they cannot be conveniently used or correctly examined, the said clerk shall cause copies of the same to be made, and the expenses thereof shall be a charge upon the said city and county, and shall be paid for by the comptroller of the city and county of New York, upon the certificate of said clerk that said copies were made pursuant to his orders, at the rate of not to exceed the sum compensa- of ten cents per folio; the said copies, when certified by the said clerk to be correct copies of the originals, shall have the validity of said originals.

Rate of

tion.

Compensa-
tion of de-
puty, as-
sistants
and

clerks.

§ 2. There shall be allowed and paid to the deputy and other assistants and clerks employed by said clerk, except those only employed under the first section of this act, on and after the passage of this act as annual compensation, the following sums: To the deputy clerk, twenty-five hundred dollars; to each of the assistant clerks in the office of said clerk, viz: the naturalization clerk, the clerk at special term issues of law, the clerk at trial term, part first, the clerk at trial term, part second, the general term clerk, the docket clerk, the recording clerk, the record clerk, the clerk at chambers and the assistant record clerk, sixteen hundred dollars.

3. All acts and parts of acts, so far as they shall be Repeal. inconsistent with this act, are hereby repealed.

4. This act shall take effect immediately.

Chap. 665.

AN ACT authorizing the appraisal and payment
of Canal damages to James O'Brien caused by
the water flowing over and through the tow-
path of the Champlain Canal, in the town of
Fort Edward, Washington county.

Passed May 6, 1869; three-fifths being present.
The People of the State of New York, represented in
Senate and Assembly, do enact as follows :

Canal ap

hear claim.

praisers to

SECTION 1. Jurisdiction is hereby conferred upon the Canal Appraisers to hear and determine the claim of James O'Brien for damages alleged to have been sustained by him from the waters of the Champlain canal running over and through cuts in the tow-path in the town of Fort Edward, in Washington county, in the years eighteen hundred and sixty-six, eighteen hundred and sixty-seven and eighteen hundred and sixty-eight. And if the facts proved or appearing to the satisfaction Principle of said Appraisers shall, in their opinion, make out a case of negligence on the part of the State or its agents, acting within the scope of their authority or official duty, which would create a legal liability were the same established in evidence against a corporation or individual in a court of justice, they shall award damages not Limitation to exceed seven hundred dollars therefor to said claim- thereof. ant, to be estimated on the legal principles governing the measure of damages in actions at law against individuals, or corporations for damages resulting from similar negligence. Either party may appeal to the Appeals.

Canal Board as in other cases.

§2. This act shall take effect immediately..

to govern, in making

award.

1

dred

Supreme
Court may

tain lands.

Chap. 666.

AN ACT authorizing Henry E. Ripley, substituted trustee under the will of Sarah Maybee, late of Queens county, deceased, or such other trustee as may be appointed by the Supreme Court, to sell the trust estate upon the application of Garret M. Maybee and Lydia Maybee, his wife, and the descendants of Garrett M. Maybee.

Passed May 6, 1869; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The Supreme Court of the State of New authorize York, at any general or special term thereof, held in sale of cer- the second judicial district of said State, on the application, by petition, of Garret M. Maybee and Lydia Maybee, his wife, or the survivor of them, and the descendants of the said Garret M. Maybee, in being, in person, if of full age, and by a guardian, if infants, may authorize and empower Henry E. Ripley, substituted trustee under the will of Sarah Maybee, deceased, to sell, in fee simple absolute, the farm in the town of Oyster Bay, county of Queens and State of New York, which was devised by the said Sarah Maybee, deceased (by her last will and testament, bearing date the

day of June, in the year of our Lord one thousand eight hundred and fifty-one, and proved and admitted to probate, by and before the surrogate of the county of Queens, on the thirteenth day of October, eighteen hundred and fifty-four), to George Mitchell as trustee, in whose place the said Henry E. Ripley has been substituted as trustee by an order of the special term of the said Supreme Court, held at the city hall in the city of Brooklyn, on the eighth day of May, eighteen hundred and sixty-one, to receive the rents and profits thereof and apply the same to the use of the said Garret M. Maybee and Lydia Maybee, his wife, during their joint lives and the life of the survivor of them, and, after the decease of such survivor, then to the lawful issue of the said Garret M.