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CHAP 517.

Interest on mortgages held by commissioners.

United AN ACT to reduce and fix the rate of interest on bonds and
States
deposit mortgages held by the commissioners of the United States
fund.

Deposit Fund in the several counties of the State ; and to
amend title fourteen of chapter nine of part one of the
Revised Statutes, entitled “Of the United States Deposit
Fund."

PASSED May 29, 1880; by a two-third vote.
The People of the State of New York, represented in Senate and
Assembly, do enact as follows:
SECTION 1. The interest on all mortgages on

real estate held by the commissioners for loaning the United States Deposit Fand shall be from the first day of October, eighteen hundred and seventy-nine, six dollars upon one hundred dollars for one year, and after that rate for

a greater or less sum, or for a longer or shorter time. Amending $ 2. Section twenty, chapter nine, title fourteen, part one of the 1, Rev.

Revised Statutes, entitled of the United States Deposit Fund,” is Stat. hereby amended so as to read as follows: Commig- $ 20. The said commissioners shall, on or before the first Tuesday sioners to pay

of November in every year, pay to the treasurer of this state the inInterest to terest of the money committed to their charge, respectively, by virtue

of this act at the rate of six per centum per annum; subject, however, Deduc- to the following deduction: The said commissioners may retain, as a tions.

compensation for their services, out of said interest in each and every year after the following rates: Upon twenty-five thousand dollars or å less sum, so committed to their charge, three-quarters of one per centum; upon the further sum of twenty-five thousand dollars, or less, half of one per centum ; and where the whole sum shall exceed fifty thousand dollars, half of one per centum, except in the city and county of New York; in which city and county the commissioners shall, upon all sums exceeding fifty thousand dollars, only be permitted to retain one-quarter of one per centum.

8 3. This act shall take effect immediately. There is no “ title fourteen” in ch. 9, Part I, of the R. S. The provision intended to be amended is evidently $ 18 of ch. 150, L. 1837, for which see ante, vol. 3, pp. 76 and 82.

State treasurer.

CHAP. 5. School AN ACT to amend section two of chapter four hundred and districts.

five of the laws of eighteen hundred and seventy-nine, entitled “An act to amend sections two and ten of chapter two hundred and forty-eight of the laws of eighteen hundred and seventy-eight, entitled 'An act in relation to the election of officers in certain school districts.'

Passed May 31, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section two of chapter four hundred and five of the

laws of eighteen hundred and seventy-nine, entitled “ An act to amend amended. sections two and ten of chapter two hundred and forty-eight of the

laws of eighteen hundred and seventy-eight, entitled • An act in rela

Sec. 2, ch. 405, Laws of 1879,

tion to the election of officers in certain school districts,'” is hereby amended so as to read as follows:

§ 2. Section ten of said act is hereby amended so as to read as follows:

Act not to § 10. This act shall not apply to cities nor to union free school dis- apply to tricts, whose boundaries correspond with those of an incorporated vil cities and lage, nor to any school district organized under a special act of the school

districts legislature in which the time, manner and form of the election of district officers shall be different from that prescribed for the election of officers in common school districts organized under the general law, Nor to nor to any of the school districts in the counties of Richmond, Suf- certain folk, Chenango, Westchester, Fulton and Queens, nor to union free school district number one of the towns of Potsdam and Norfolk, St. Lawrence county, nor to union school district number two in the town of Waterloo in the county of Seneca.

82. This act shall take effect immediately, Ante, p. 787.

counties,

CHAP. 5.

cedure.

reversal or

restitution

erty, etc.

AN ACT to amend section thirteen hundred and twenty-three Code Pro

of the Code of Civil Procedure.

PASSED May 31, 1880; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. Section thirteen hundred and twenty-three of the Code como of Civil Procedure is hereby amended so as to read as follows:

modifca§ 1323. When a final judgment or order is reversed or modified, inal order upon appeal, the appellate court, or the general term of the same court, or judgas the case may be, may make or compel restitution of property, or of a court may right, lost by means of the erroneous judgment or order; but not so as

com pel to affect the title of a purchaser in good faith and for value. When of propproperty has been sold, the court may compel the value, or the purchase price, to be restored, or deposited to abide the event of the action, as justice requires. When the appeal is from a judgment in favor of the Right to owner of real estate, in an action to compel the specific performance sell real of a contract for the sale thereof, such owner shall have the same right case of to sell or dispose of the same as though no appeal had been taken; appeal unless the appellant shall file with the clerk of the court a written un- appellant dertaking, in a sum fixed by the court, or a judge thereof, upon a no- taking. tice to the respondent of at least ten days, and to be approved by such court or judge, to the effect that the appellant will, in case the judgment appealed from shall be affirmed, pay to such owner such damages as he may suffer by reason of such appeal, not exceeding the amount of the penalty in such undertaking. Such undertaking may be filed at any time during the appeal, but any sale of such real estate or contract to sell the same in good faith and for a valuable consideration, after said judgment and before the filing of such undertaking, shall

When to be as valid as if such undertaking had not been filed. In case such un- be filed. dertaking shall not be filed, the respondent shall be entitled, at any time during such appeal, to an order discharging of record any notice of pendency of action filed in the action, and also canceling and discharging of record said contract, in case the same has been recorded.

unless

CHAP 580.

tain contracts

void and

Actions for relief.

AN ACT to provide for the bringing of actions for relief in

certain cases where agreements, contracts and instruments in writing have been recorded.

PASSED May 31, 1880. The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Action to SECTION 1. When any agreement, contract or instrument in writhave cer

ing, relating to real estate, other than those required by law to be re

corded, shall have been recorded, or shall be hereafter recorded in the declared

office of the clerk or register of any county in this State, any owner expunged of such real estate, or of an undivided part thereof, or of any interest

therein, who claims that agreement, contract or instrument in writing is invalid or void, or that the same cannot be enforced as against him, either in whole or in part, may bring and maintain, in any court of competent jurisdiction, an action for the purpose of having such agreement, contract or instrument in writing declared void, or invalid, or for the purpose of being relieved therefrom and to have the same canceled or discharged of record, as to said real estate or his undivided part thereof or interest therein, either wholly or as to such portion of such agreement, contract or instrument in writing as may be void or invalid, or which cannot be enforced as against him.

8 2. This act shall take effect immediately.

.

CHAP 581.

tion of game.

AN ACT to amend chapter five hundred and thirty-four of

the laws of eighteen hundred and seventy-nine, entitled “ An act for the preservation of moose, wild deer, birds, fish and other game.

PASSED May 31, 1880 ; three-fifths being present The People of the State of New York, represented in Senate and

Assembly, do enact as follows : Actions by 8 6. Any action brought or prosecuted by any district attorney purdistrict attorneys. suant to the provisions of the act hereby amended, may be discon

tinued by such district attorney, and neither costs nor disbursements in such action shall be recovered by any defendant therein.

8 7. No person shall take, catch or kill any California trout in any catch Call of the waters of this State, in any way or by any device, between the

fifteenth day of May and the first day of September. No person shall knowingly sell or purchase or have in possession any California trout killed, taken or caught in the waters of this State during the period

aforesaid. Any person violating the provisions of this section shall Penalty.

be deemed guilty of a misdemeanor, and, in addition thereto, shall be liable to a penalty of twenty-five dollars for each offense.

8 8. The waters of Otsego lake are hereby excepted from the provisions of this act.

$ 9. This act shall take effect immediately. Sections 1 to 5 amend 88 23, 24, 26, 27 and 37, respectively, of ch. 534, L. 187% and that act is in this work printed as so amended. Ante, p. 820.

Not to

trout.

be built across

rivers.

CHAP 588. AN ACT to regulate the passage of lumber, logs and other Transpor

timber upon the rivers of this State, recognized by law or lumber, common use as public highways for the purpose of floating other and running lumber, logs and other timber over or upon the timber. same to market or places of manufacture.

Passed May 31, 1880 ; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

SECTION 1. There shall be no dam hereafter erected on rivers within No dam this State, recognized by law or use as public highways for the purpose apron to of floating and running lumber, logs and other timber over or upon the same, without an apron of at least fifteen feet in width, in the navigable middle of the current of the rivers, of a proper slope, for the safe passage of lumber, logs and other timber; nor shall any bridge hereafter be built over the aforesaid rivers, except in such manner as not to obstruct or prevent the free and uninterrupted passage of lumber, logs and other timber down and along the same.

§ 2. Any person or persons who shall hereafter erect any, boom or Booms, booms or works other than dams in or across the waters of said rivers, opened on for the purpose of stopping or securing lumber, logs or other timber, notice. or any other proper or necessary purpose, shall, within ten days after he or they, or his or their agents, shall have received notice by or from any person who shall have lumber, logs or other timber to transport on said rivers, open the said booms or other works so as to permit the assorting and passage and to allow such lumber, logs and other timber to pass through and down said rivers; and for a failure of so doing Penalty shall be liable to a penalty of fifty dollars for each day of the contin- for failure. uance of such obstruction, to be recovered by any person aggrieved thereby, and in addition shall be liable for all damages sustained by any person in consequence of such obstructions; and any person willfully obstructing, by booms or otherwise, the channels of said river so that the space of thirty feet shall not be open for use shall be liable for the penalty named in this section, to be recovered by the party aggrieved, the cost and labor of such assorting and passage to be borne by the parties desiring such logs, lumber and other timber to pass below such booms.

$ 3. Persons desirous of floating or running lumber, logs or other Shutes timber down the rivers mentioned in the first section of this act may

aprons in construct a shute or apron in connection with any dam across said rivers, and may reconstruct any booms or other works already con- tiom with structed in, over or across said rivers in such manner as to allow lumber, logs or other timber to pass by the same, and may remove obstructions in said rivers and construct such other piers, booms or other works as may be necessary for the passage of lumber, logs or other timber over and through the channels of said rivers, doing no injury or damage to the owner or occupant of such boom, dam or other works, or to the owner or occupant of any land on which such piers, booms, dams or other works may be constructed, or lands flooded thereby, and paying to such owner or occupant such damages as he or they Damages may sustain by reason of the construction of such piers, booms, or to be paid. other works, or the flooding of lands thereby, and in case the

and

connec

, etc.

same.

Claims for

be put on

recorded.

Effect of neglect to record mark

amount of such damage cannot be amicably arranged by the parties interested, the same shall be appraised by three commissioners, to be appointed by the county court of the county in which the owner or occupant claiming damage shall reside, on the application of any person interested in the appraisal of such damage, on three day? notice in writing to the opposite parties of the time and place of making such application. Such booms and other works which shall be so constructed as aforesaid, and the owners and occupants thereof shall hereafter be subject to the provisions of section two of

this act. Foregoing $ 4. The provisions of the foregoing sections of this act shall how to be not be construed to impair or abridge any private or individual construed.

rights, except so far as may be necessary for the improvement of said rivers, for floating or running lumber, logs or other timber down the

8 5. Any person making claim for damage arising under this act damage.

shall apply within one year after the occurrence of the same, or be de

barred from recovering the same. Marks to 8 6. Any person who shall put any lumber, logs or other timber iuto logs and the said rivers, for the purpose of floating and running them down timber to the same, shall select some mark different from any mark previously viously recorded, and put the same on to each log or stick of timber, in a con

spicuous place, so put into said rivers, and shall cause the said mark to be recorded in the county clerk's office of the county in or through which said river is, in whole or part, situated.

8 7. Every person who shall neglect to enter his mark, as required in the foregoing section, shall be debarred from all benefit arising from the due entry of such mark, and the assignee or vendor of such logs or

timber shall be subject to the same regulations and restrictions. Clerk's § 8. The clerk of the county in which said mark shall be recorded

shall be entitled to the sum of fifty cents for recording such mark, to be paid by the person requiring the same to be recorded, and a copy of said entry, certified by said clerk, shall be received as presumptive evidence in all courts in this State that the logs or timber having such mark is the property of the person by whom such mark was selected and recorded.

$ 9. No person not authorized as herein before directed shall stop, from land- take up or draw to or lodge on the shore of the aforesaid named rivers, ete., with or any island therein, any lumber, logs, timber, boards or plank float

ing in said rivers, without the consent of the owner or owners thereof, and every person offending in the premises shall, for each offense, forfeit the sum of ten dollars to the person aggrieved, and in addition thereto shall be liable to the owner or owners of such lumber, logs, or

timber for all damages sustained thereby. intending

§ 10. Any person or persons intending to float or run lumber, logs

or other timber upon and over any of the rivers mentioned in the first to execute section of this act shall first execute a bond with sufficient sureties, in

the sum of five thousand dollars, to be approved by the county judge of the county or counties in or through which the river or rivers proposed

to be used flow, and file the same in the clerk's office of said county or Condition counties, as an indemnity against any and all loss and damage that

may be occasioned or done to any and all property, public or private,

in or upon said river or its banks, by the reason of the use of said Action by river or rivers under the provisions of this act. And any person sufBuffering fering such loss or damage may maintain an action in his own name

against the parties executing such bond, for his loss and damage afore

fee.

Persons

out consent of Owner.

Persons

to float

bond.

loss.

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