' "" ' " -^' t.v^ i,' 9 ^ j' i'; a
report of the
Commissioner
OF Records
KINGS COUNTY,: ,
1910
THE NEW YORK
PUBLIC LIBRARY
542974
ASTOR, LE^JOX AND
TILDEN Fr>'IM0ATI0N8.
R 1012 L
M. B. BROWN TRIXTING & BINDING CO.,
•49-57 Park Place. New York.
613-11-1,000
TABLE OF CONTENTS.
PAGE.
List of Illustrations 5
Introductory 7
Care and Preservation of Records 9
Commissioners of Records, 1856 10
Ford's System of Indexes 11
Records of County Clerk's Office — Copying 12
Commissioners of Records, 1S9(;, duty 13
Commissioners of Records, 1899, duty 14
Commissioners of Records, lOO-t, duty 14
Work accomplished — Office of Count}' Clerk 15
Work accomplished — Office of Surrogate 21
Work accomplished — Office of Register 22
Work accomplished — Filed Maps 28
Town Records —
Laws of 1904 34
Catalogue of Town Records —
Town of Flatbush 35
Town of Flatlands 35
Town of Gravesend 36
Town of New Utrecht 36
Value of Town Records 37
Collection of Town Records 38
Contents of Town Records 43
Missing Town Records 44
Copying Town Records 44
Translations 49
Collating, Indexing and Arranging Papers 53
Silk Process 53
Re-indexing —
Early Methods of Recording 50
Recording in County Offices 61
Recording Act of 1822 63
Indexes Required, 1826 64
Indexes Required by Act of 1894 66
Duty of Commissioner of Records as to Re-indexing 66
Method Pursued in Re-indexing 67
Patent and Farm Maps 68
Dutch Measurements 71
List of Historical Works 71
Genealogical Work 75
Unrecorded Deeds 79
Old and New Style of Dating 79
Commissioners' Sheets 83
Common Lands 91
Old Roads 91
Franchises 92
Releases of Mortgages 92
TABLE OF CONTENTS— (Continued).
Re-indexing — page.
Leases 93
Miscellaneous Conveyances 93
Indexing Schedule 94
^Mortgages 94
Laws of 1904 as relates to Mortgages 96
County Clerks' Records 97
Notices of Pendency of Actions 97
Sheriffs' Certificates of Sales 98
Foreclosure by Advertisement 98
Laws of 1904 as relates to County Clerk's Records 98
Permanent Re-indexing Plant 99
New Land Map 100
APPENDIX.
A. List of Commissioners of Records from 1856 to date 102
E. Catalogue of Books under the supervision of this office 102
C. Schedule of Papers under the supervision of this office 112
D. Chapter 365, Laws of 1894 115
E. Chapter 755, Laws of 1896 124
F. Chapter 526, Laws of 1897 125
G. Chapter 591 , Laws of 1899 127
H. Chapter 171, Laws of 1904 138
LIST OF ILLUSTRATIONS.
PAGE.
Liber 2 of Court and Road Records before copying IS
Liber 2 of Court and Road Records as copied 19
Liber 3 of Conveyances, page 331, before copying 24
Liber 3 of Conveyances, page 231, as copied 25
Map, 1000, before copying 30
Map, 1000, copied and restored 31
Liber 5 of Gravesend Records 40
Liber 5 of Gravesend Records restored 41
Early English Records — Gravesend Records, Liber 3, pages 42 and 43 ... . 4G
Copy of Early English Record — Gravesend Records, Liber 3, page 42. . . . 47
Copy and Translation of Early Dutch Record — Minutes of Town Meetings,
Flatbush, page 108 51
Record before covering with silk — Flatbush Records — Liber A, pages
5 and 6 56
Silk Covered Record — Gravesend Records — Liber 5, pages 102 and 103. . . 57
Map Showing Patent Lines 70
Original Patent to Town of Flatbush 73
Unrecorded Deed — Ryerson to Martensen 78
Commissioners' Sheet — Filed Map Plan 82
Commissioners' Sheet — Farm Plan 85
Commissioners' Sheet — Working Plan 87
iMap showing part of the Common I^ands of the Town of New Utrecht. . . 90
INTRODUCTORY.
So little is generally known of the duties, purposes and work of the office
of Commissioner of Records of Kings County, that it has been deemed proper
to present to the people of this county and to the members of the bar, a report
showing what has, and is being accomplished in this office, in order that those
interested in the real estate and other records of the county may benefit by the
work already accomplished.
The general impression seems to be that the office of Commissioner of Rec-
ords is of recent creation. Such, however, is not the fact. As shown in the
following pages, the office was created by Chapter 190 of the Laws of 1856.
Prior to May 25. 1S99, it was a Commission composed of three members. Since
the enactment of Chapter 591 of the Laws of 1899 it has been a single-headed
Commission.
Appendix " A " is a list of the various members of this Commission.
Other states, counties and cities have recognized the advantages of having
Commissioners of Records.
In the County of New York, Commissioners of Records were appointed in
1855 with full power to examine into the condition of the records, documents,
maps and indices in the office of the Clerk, Register and Surrogate, and to have
the same copied and printed in such form and to such extent as they deemed
proper, and to do such further acts for the preservation and convenient exami-
nation of the same as the public interests might require.
The present Commissioner of Records in New York County was appointed
under Chapter G61 of the Laws of 1906.
In the City of Boston Record Commissioners were appointed in 1875 who
had charge of the expenditure of all money expressly appropriated for copying
any documents or records supplemental to the town or city records.
There was also a State Commissioner of Public Records in Massachusetts,
who was originally appointed under Chapter 65 of the Laws of 1884. This act
has been amended from time to time. One of these amendments, Chapter 67
of the Laws of 1898, provides that the Commissioner shall take the necessary
measures to put the records of the counties, cities, towns, churches, parishes or
religious societies in the custody and condition required by law and to secure
their preservation.
In Connecticut, an Examiner of Public Records was appointed in 1886,
under Chapter 99 of the laws of that year. This law was re-enacted from
time to time with various minor changes. In 1907 (Chap. 131) a bill was passed
which provided for the appointment of a Temporary Examiner of Public Rec-
ords who " shall cause such action to be taken by the person having the care
.and custody of public records as may be necessary to put said public records
in the custody and condition required by the laws of the State relating to such
records and to secure their safety and preservation."
In the City of Providence, R. I.. Record Commissioners were appointed in
1891 for the purpose of collecting and printing the early records of the Town of
Providence.
There was also a Rhode Island State Record Commissioner " whose duty
it shall be to prepare * * * ^ detailed report of the number, kind and con-
dition of the various public records in the custody and under the control of
state, city and town officers * * * and such parish or church records as
may be obtainable relating to extinct or active church organizations in said
state, and as far as possible of the records and places of deposit in other states,
relating to the several cities and towns in the State of Rhode Island."
In the State of New Jersey it was enacted by Chapter 105 of the Laws of
1897: "The Governor shall appoint three persons as a Commission on the pub-
lic records of this state, who shall inquire into the nature and condition of the
public records of this state, and of the several counties, townships, cities and other
municipalities in the state ; how, where, and in whose custody or possession such
records are kept; what provision, if any, is made for the safe and permanent
preservation thereof, and what measures, in the judgment of such Commission,
should be taken to secure the safe and permanent preservation of such public
records, where they can be convenient of access to the public, if there is no
such provision at present; and such Commission shall report to the Governor
from time to time the result of their inquiries, with such recommendations as to
them shall seem advisable.
" It shall be the duty of all public officers in this state to afford all reasonable
facilities to said Commission for acquiring a full knowledge as to the nature and
condition of the public records, how, where, and in whose custody the same are
kept, and what provision, if any, is made for the safe and permanent preserva-
tion thereof, and the facilities afforded for their convenient inspection by the
public."
The foregoing are but a few of the laws tending to the care and preservation
of records. Many special acts were passed in the various states at different times
relating to this subject. In fact most of the states in the Union seem to have
realized the value of their old records and the necessity for their preservation
The duties of the Commissioner of Records in Kings Countv are three-
fold:
First — The general supervision of the records in the offices of the Surro-
gate, County Clerk and Register, and the right to authorize the making and
certifying of copies of such records by the Surrogate, County Clerk and Regis-
ter, as may be necessary by reason of age, use or otherwise, and the fixing of
the compensation for making such copies, and doing, or causing to be done, such
further acts for the preservation and convenient examination of the records as
the public interests may require.
Second — The care, collation, translation and indexing of the records of
the former towns of Kings County, and the making of copies of such records
as may be necessary to be filed in the different city and county offices. The in-
dexing on the block system of such of the town records as relate to real estate.
Tliird — The reindexing on the block system of all conveyances, mortgages
and other instruments relating to real estate filed or recorded prior to January
1, 1895.
An endeavor has been made in the following pages to outline the work of
this office.
Borough of Brooklyn, N. Y., May 26, 1910.
D. H. Ralston,
Deputy Commissioner.
Lewis M. Sw.-^sey,
Commissioner of Records, Kings County.
CARi: AND PRESER\'ATION OF RECORDS.
The necessity for safeguarding records was the suhject of legislation as early
as 1T88, Chapter 2'i of the Laws of which year enacted;
" That if any record or i:)arcel of the same, writ return, pannel, process or
other proceeding in the court of chancery, Supreme Court Exchequer or any
other Court of record, or in the office of the Secretary of this State or in the
office of the C'lerk of any City or County of this State hath been or hereafter
shall be stolen, or willingly taken away, w-ithdrawn or avoided, by any clerk or
by any other person, by reason whereof any Judgment shall be reversed, then
every such stealer, taker away, withdrawcr or avoider, their procurers, coun-
sellors and abbettors being convicted or attained thereof according to the due
course of law shall be adjudged guilty of a felony." * * *
That the county records should he kept in fireproof buildings was recognized
in the early part of the last century. Chapter 81 of the I-^aws of 1828 enacted:
" Sec. 1. The board of Supervisors of the County of Kings are hereby
authorized at any of their annual meetings to raise a sum not exceeding $4,000
by a tax on the said County. * * * Which money shall * * * i^g ^v;.
pended by order or under the direction of the board of supervisors or such per-
son or persons as they shall appoint for the purchasing a suitable site in the town
of Brookh'n in the said County and the erecting a fire proof building thereon
for an office for the Clerk of the said county, of such size and dimensions as to
them shall seem proper. And when such building shall be completed, the records
and papers belonging to the office of the clerk of said County shall thereafter
be kept in said office, under the care and direction of the Clerk of said County
and his successor in office."'
The records were further safeguarded by Chapter 129 of 1838 by which
it was enacted:
" No record of conveyance of real estate or other record, whereof a tran-
script duly certified may by law be read in evidence, shall be removed by virtue
of any subpcena duces tecum from the proper office in which such record shall
be kept, and no such record shall at any time be removed froili such office, ex-
cept when temporarily removed by the clerk having such record in custody to
the Courts of which he is clerk, and to the Courts held in the City or Village
where the office of such clerk is situated, unless by order of some Court of record
made in open Court and entered in the minutes thereof, which order shall specify
that the production of such record instead of such transcript is necessary."
Chapter 83 of the Laws of 18-52 provided for the election of a Register of
Deeds in and for the Countv of Kings. This act provided that " all that part
of the duty of the County Clerk of the County of Kings, which in the Citv of
New York is required by law to be done and performed by the register of deeds
in said City and County, shall be done and performed by such register of deeds
m ;:nd for the Countv of Kings."'
Chapter 27 of the Laws of 1812 provided " that all that part of the duty of
the Clerk of the Citv and County of New York which appertains and relates to
the registering of Mortgages and to the recording of deeds, conveyances and
other writings which by law are directed or hereafter may be directed, to be
registered or recorded shall * * * be vested in and held, exercised and
enjoyed by a person to be * * * called the register in and for the Citv and
County of New York ; and that such register * * * shall have and enjoy
all the rights and powers and perform all the duties of the Clerk of the Citv and
County of New York in relation to the recording and registering of deeds, con-
veyances, mortgages and other writings."
10
Under a S3'stem where the recording officer received fees as his compensa-
tion, out of which he was compelled to pay for all clerk hire, copyists were gen-
erally employed because of personal or political friendship rather than because
of their merit and ability. The books used in these early times were made of
common, coarse paper; the ink used in the transcripts being composed of such
acid material that the acids have eaten large holes in the records. Only by read-
ing tlie context left and trying to establish land marks can any idea be formed
of what had originally been written.
When it is taken into consideration that upon the proper keeping and pre-
servation of these books depends the title of every foot of land in Kings County
the importance of reliability and exactitude can be appreciated.
As long ago as 1856 it became evident that the county records in the various
offices were in a bad state, mutilated and worn out, many of the books being
almost undecipherable. Appreciation of the existing conditions and the necessity
of proper supervision of the county records resulted in the creation of the office
of the Commissioner of Records.
Chapter 190 of the Laws of 18-56 provided as follows: "An Act for the
appointment of Commissioners of Records for the County of Kings.
Passed April 17, 1856, three-fifths being present.
The People of the State of New York, Represented in Senate and Assembly,
Dm Enact as Follows:
Section 1. Henry A. jNIoore, John P. Rolfe and Jared Sparks of Brooklyn,
* * * are hereby appointed Commissioners of Records for the County of
Kings, with full power to examine into the condition of the records, documents,
maps and indices in the offices of the Clerk, Register and Surrogate of said
County, and to have the same copied and printed in such fonn and to such an
extent as they may deem proper; and -to do such further acts for the preserva-
tion and convenient examination of the same as the public interest may require,
but said county shall not be liable to any expenses incurred in the pursuance of
the provisions of this Act unless the consent of the Board of Supervisors of said
county has first been obtained Iherefor, and when the indices of such records have
been printed, the said Commissioners shall fix and determine the price at which
the same may be_ sold by the County Treasurer of said Cotmty, and the proceeds
of such sales shall be credited to the said Count}'.
In case of a vacancy in said Board of Commissioners, such vacancy shall
be filled by the Board of Supervisors of said County.
Section 2. The said Commissioners shall receive no compensation for their
services. The necessary expenses incurred by them shall be paid by the County
Treasurer upon the Certificate of said Commissioners ; and the Supervisors of
said County are hereby authorized to raise by tax, the amount required to de-
fray the same.
Section 3. This Act shall take effect immediately."
From time to time after the passage of this act various sums were raised
by tax for the objects set forth in said bill, no part of which was devoted to the
purpose for which it was imposed.
On the 3d of June, 1869, the Commissioners of Records reported to the
Board of Supervisors (Minutes 1869, page 179) that "they find that the
interests of the public clearly require in consequence of the great and rapid ex-
tension of the records, that immediate steps should be taken to facilitate their
examination in the office of the Register of the County. After careful consid-
eration of the subject, they have arrived at the conclusion that the proper course
will be to have the indices of Deeds and Mortgages arranged in what may be
termed name order (the same as commonly used in City Directories)." * * *
At this time records were indexed against the names of the parties to the
dififerent instruments. That is, each name was indexed under its proper initial ;
11
the B's all in one series of index books, the C's in another, and so on. No cttort
was made to vowelize or classify the names. In making a search against a
specific name it was necessary to go through all the hundreds or thousands of
names indexed under the same letter.
While the Board of Supervisors took no action on the communication of
1S69, it would seem that even at this early date the Commissioners of Records
were alive to the necessity of improving the records and indexes so as to facili-
tate their use.
On the 39th of April, 1873, the Board of Supervisors were petitioned to
take such action as should be necessary " to secure the system of indexing rec-
ords in Kings County known as ' Ford's Improved Index.'" (Supervisors' Min-
utes 18?3, page 253.)
Nothing was done in this matter until [March 8, 187G, when the following
resolution was adopted :
" Resolved. That the Commissioners of Records * * * be and they are
hereby requested to examine into the method of indexing proposed by William
C. Ford and into the method of indexing proposed by any other person which
may be brought to their notice, and to report to this Board their views thereon,
and the cost and expense of bringing the same into use in this County." (Super-
visors' Minutes 1876, page 228.)
April 5, 1876, the Commissioners of Records reported that they had con-
cluded to adopt Ford's System of Indexing. They also adopted certain changes
in the manner of indexing papers. As an illustration: When the property of de-
ceased persons was conveyed by executors or others, to enter the name of de-
ceased as the grantor instead of those of the executors or parties making the
conveyance.
March 7, 1877 (Supervisors' Minutes 1877, page 255), the following resolu-
tion was adopted : " Resolved. That the consent of this Board is hereby given
to and the Commissioners of Records of Kings Coimty are hereby authorized
forthwith to take such procedings as shall be proper for the purchase and intro-
duction of ' Ford's System of Indices ' in the office of the Register of this
County the same to be commenced and carried forward from January 1, 1877."
At various times reports were made that the indices and books were in such
condition that unless soon recopied many valuable records therein contained
would be lost or destroyed. (See Supervisors' Minutes 1883. page 296; 1884,
page 345; 1886, page 247; 1886, page 459; 1887, page 726.) Upon several
occasions appropriations were made to recopy libers and indices in the Register's
office, but in no instance was the money used for that purpose, but was trans-
ferred to and used in the pavment of other claims against the Countv. (Super-
visors' Minutes 1887, page 1372.)
In the year 1887, the Commissioners of Records condemned fifty (50)
libers and succeeded in obtaining an appropriation which enabled them to cause
copies to be made of twenty (20) libers, but the remaining thirty (30) libers
remained uncopied. (Supervisors' Minutes 1888, page 506.)
January 23, 1890 (.Supervisors' Minutes 1890. page 57). the Commissioners
of Records reported that in the Register's office at least one hundred flOO) libers
of conveyances should have immediate attention. That about one hundred and
fifty (150) maps required recopying. "The records of the County Clerk's office
are in such condition that they require expert, intelligent and efficient supervision
to determine what is the most economical and best plan or course to pursue to
put them in proper shape for the use of the public ; a complete and thorough
overhauling, comparing frotn the originals, and in some cases recopying are
absolute necessities."
The Supervisors while agreeing that the work proposed in the above report
should be done, claimed that it should be performed by the county officers hav-
12
ing the custody of the records, and failed to recognize the rights of tlie Com-
missioners of Records to supervise the work.
In the office of the Clerk of the County of Kings conditions were somewhat
different. The following law relating to this office was passed and a great deal
of work was performed under this act :
Laws of 1870, Chapter 535, Page 1390.
" Whenever any of the dockets of judgments or other liens, or any other
books of record or indices in the office of the County Clerk of Kings County,
shall become mutilated or injured so that they cannot be conveniently examined,
and the Board of Supervisors of said county shall authorize them to be copied,
such copies shall be made by the County Clerk of said county, and when so
made and certified by him to be copies of the originals, shall have the validity of,
and be deemed for all purposes to be, such originals.
The County Clerk is hereby directed to certify any copies of Judginent
Dockets, or other liens, or any other indices or books of record heretofore made
by him, to be correct copies of the originals, and such copies shall thereupon
have the validity of, and shall for all purposes be treated as, such originals.
Under this act, the Commissioners of Records had no supervision of the
copying of records in this office and although a great many books and records
were copied and vast sums of money expended, the records were without doubt
in a much worse condition than before this work was performed. The condi-
tion of these records is best set forth in the following communication from
Justice William J. Gaynor:
" Brooklyn, May 29, 1895.
To the Honorable the Board of Supervisors of Kings County.
Gentlemen — My attention having been repeatedly called by the County
Clerk and others to the condition of the books of Indexes of Judgments, Lis
Pendens and Mechanics' Liens, of which a schedule is hereto annexed, it became
my official duty to examine the same under Section 25 of the County Law.
I find the said books so inaccurate as to be untrustworthy and title searchers
refuse to trust them.
An examination of them develops 28,000 errors. 18,000 of which are grave
omissions in names and the like.
The handwriting is inferior and obscure and often difficult to decipher. In-
deed much of it is by persons who cannot be said to know how to write or spell.
They were employed not to do the work correctly, but to get the money out of
the public treasury.
These records are a discredit and a reproach.
They have been compared and corrected but they cannot be made decent
or trustworthy.
The law requires me to certify their condition.
I certify that for the security and safety of the public records it is neces-
sary that they be copied.
I do it, however, only upon condition that your Honorable Body permit me
to examine and certify the correctness and character of the work before it is
paid for. In view of the fact that the disgraceful work in former copying of
these records were passed and paid for. I do not deem this condition as un-
reasonable.
I also make it a condition that the vacancy in the Commission of Records be
filled bv your Honorable Body, under Chapter 190, Laws 1856, by a competent
man whose name and character will be an absolute guarantv that the records
13
of the county will receive proper supervision. I will suggest a name if you
desire it.
I feel sure that these conditions will be welcome to your Honorable Body,
for it must be difficult for your members to follow and scrutinize the doing
of such work.
I am also informed that no new appropriation will be needed for this work,
which will cost about $10,000, but that it can be paid for out of the appropriation
under vour resolution of 3/25, '95 by retrenching in other particulars.
W. J. Gaynor,
Justice of the Su])reme Court."
Schedule attached shows — Judgments, 26 books; Lis Pendens, 26 books, and
JMechanics' Liens, 26 books.
(Supervisors' Minutes 1895, page TOl.)
Section 26 of the County Law to which Justice Gaynor referred is Chapter
686 of the Laws of 1892, relating to the powers and duties of the Board of
Supervisors and enacts as follows:
" Section 26 — County Records.
Such boards shall have general charge of the books and records of the county,
subject to the legal rights of the officers using or having custody of the same,
and shall provide for their safe keeping.
They may authorize County Officers having the official custody or control
of anv such books and records, or of maps and papers, to cause copies thereof to
be made and certified for the public use ; and it shall be their duty to cause the
same to be made and certified whenever by reason of age or exposure, or any
casualty, the same shall be necessary.
Any officers making such transcripts or copies shall be paid such sum there-
for as may be just, but such payment shall not exceed a sum to be certified by the
County Judge or a Justice of the Supreme Court of the Judicial District, as rea-
sonable therefor.
Such Board of Supervisors shall not accept and pay for any such services,
until the work shall be examined and approved as to its manner and form of
execution, by such Judge or Justice ; nor shall any Board of Supervisors order
any such work to "be done until such Judge or Justice, after an examination
shall certify that such work is necessary for the security and safety of the
public records."
Recognizing the fact that the Act of 1856 did not give the Commissioners
sufficient power, the following act was passed:
Chapter 755 of the Lazi's of 1896.
" Sec. 1. The term of office for the present Commissioners of Records
* * * shall expire on the first day of June Eighteen hundred and ninety-six.
Sec. 2. * * *.
Sec. 3. It shall be the duty of such Commissioners of Records to examine
into the condition of the books, records, documents, maps and indices of the
Clerk, Register and Surrogate of said county, and they shall have sole and ex-
clusive power to authorize said Clerk, Register or Surrogate to cause copies of
said books, records, documents, maps and indices to be made and certified for
public use, and it shall be their duty to cause the same to be made and certified
whenever by reason of age. use, exposure or any casualty the same shall in their
judgment be necessary, and they shall be authorized to do such further acts for
the preservation and convenient examination of the same as the public interests
may require. Any of the officers hereinbefore mentioned making such transcripts
or copies, pursuant to an order of the said Commissioners of Records, shall
14
be paid such sum therefor as may be just, but such payment shall not be made
unless the work has been first ordered to be done by the said Commissioners, and
after the same shall have been completed, until the work shall be examined by
them and approved as to its manner and form of execution, and such payment
shall not exceed a sum to be certified by said Commissioners. * * *"
This act was amended by Chapter 526 of the Laws of 1897.
Chapter 5:J1 of the Laws of 1899 provided for the appointment of a single-
headed commission, and enacted: * * *_ " jj shall be the duty of the Com-
missioner of Records to examine into the condition of the books, records, docu-
ments, maps and indices in the offices of the Clerk, Register and Surrogate of
the said county * * * and from and after his entry into office, he shall have
general supervision, care, custody and control of all maps, books, indexes, papers,
records and instruments kept, filed or recorded, or hereafter to be kept, filed or
recorded in said offices * * * and shall have sole and exclusive power to
authorize said Clerk, Register or Surrogate to cause copies of said books, records,
documents, maps and indices to be made and certified for public use; and it
shall be his dtity to do or cause the same to be done whenever by reason of age,
use or exposure, or any casualty, the same shall in his judgment be necessary;
and he shall be authorized to do such further acts for the preservation and
convenient examination of the same as the public interests may require * * *_
Any of the officers hereinbefore mentioned making such transcript or copies,
pursuant to an order of the said Commissioner of Records, shall be paid such
sum therefor as said Commissioner shall certify to be just, but such payment
shall not be made unless the work has first been ordered to be done by said
Commissioner, and after the same shall have been completed and examined by
him and approved as to its manner and form of execution, and such payments
shall not exceed the sum to be certified by said Commissioner * * * ".
As to the care of the County Records, the Office is at present working under
Chapter 171 of the Laws of 1901, by which it was enacted:
Sec. 1. " It shall be the duty of the Commissioner of Records to ex-
amine into the condition of the books, records, documents, maps and indexes in
the offices of the Clerk, Register and Surrogate of the County of Kings, * * *
and from and after his entry into office, he shall have general supervision of all
maps, books, indexes, papers, records and instruments kept, filed or recorded,
or hereafter to be kept, filed or recorded in the offices of the Clerk, Register and
Surrogate of the County of Kings, * * * ^.jid the said Commissioner shall
have sole and exclusive power to authorize the Surrogate, Register or County
Clerk of the County of Kings, as the case may be, to cause to be made and cer-
tified for public use copies of said books, records, documents, maps, plans and
indexes in the offices of the said Surrogate, Register and County Clerk of the
County of Kings, respectively ; and it shall be his duty to do so whenever, by
reason of age, use or exposure, or any casualty, the same shall, in his judgment,
be necessary. And the said Commissioner is hereby empowered to authorize
the Surrogate, Register and County Clerk of Kings County to rearrange or
cause to be rearranged, all the records, filings, papers and maps in their re-
spective offices and, upon completion of the alterations to the Hall of Records, in
said county, to cause the same to be placed in fireproof files, properly marked
and endorsed. And said Commissioner is hereby empowered to do, or to
authorize to be done by said Surrogate, Register and County Clerk, or any of
them, such further acts and things for the care, preservation and convenient
examination of the said records, documents and papers as he deems the public
interests may require.
Sec. 5. The copyists of old or mutilated records, making copies thereof
for public use in the offices of the Surrogate, Register and Comity Clerk of the
County of Kings, respectively, and any other person or persons performing any
15
work, labor or service in or about the care and preservation of any of said
public records, documents and papers, pursuant to an order of the said Com-
missioner of Records, shall be paid such sum therefor aa said Commissioner shall
certify to be just, but such payment shall not be made unless such copies or work
shall have been first ordered to be made or done, as the case may be, by said
Commissioner, and after the same shall have been completed and examined by
him, and approved as to the manner and form of execution."
Appendix " B " shows a catalogue of the books and maps in the various
offices under the supervision of this office.
Appendix " C '' shows a schedule of the number of files of papers in the
various offices under the supervision of this office.
The following is a brief outline of what has been accomplished in the preser-
vation of the County Records.
OFFICE OF COUNTY CLERK.
Arranged in chronological order of dates and placed in files 250,000 Chattel
Mortgages and transferred same to the Register's Office.
Transferred during the alteration of the building, 11,900 files, containing
4,760,000 papers, and 5,900 books of record; also made general inventory of
same, consisting of 5 books and 517 pages.
Transferred from the County Court to the County Clerk's Office, 520 files
containing about 211,600 papers of various kinds of the Court of General Ses-
sions, from the year 1870 to 1895.
Collated, codified, rearranged, and bound into 1,475 books, 585,200 Records
of Convictions. An index of same is now being prepared.
Examined the Minutes of the City Court which were not properly written
up or indexed, and caused same to be written up in full and properly indexed
between the years 18-19 and 1863, inclusive. This work consists of 7 Volumes
of Minutes, containing 3,507 pages, and 10 Volumes of Indexes containing
45,700 names of parties in suits, representing 247,200 papers.
Searched, collated and codified all Divorce and Separation Proceedings from
Clerk's ]\Iinutes, Clerk's Minutes Special Proceedings, City Court Minutes and
Money Judgments from 1847 to and including 1906, from 332 volumes, repre-
senting 130,271 pages of records. An index consisting of 4 volumes, 886 pages,
containing 14,000 names of parties to Divorce Proceedings was prepared.
Collated, codified and indexed 1,216 Street Opening Proceedings, beginning
with the year 1789 and ending with the year 1905, from Clerk's ^linutes. Clerk's
Minutes Special Proceedings and all records in Equity Department.
Abstracted and indexed 866 laws relating to the opening, closing, widening
and extending of streets, avenues and roads in the County of Kings. In this
connection all Session Laws were examined for the years 1789 to 1903.
Examined, collated and codified all papers in the County Clerk's Office re-
lating to Declarations of Intentions and Naturalizations, which had not been in-
dexed, and caused 103,735 papers to be bound in 133 volumes and properly
indexed to December 31. 1895, in 29 volumes, for convenient examination.
These papers were in very bad condition, many of them being mutilated.
As far as possible the missing parts have been found and the papers repaired.
About 6.000 Declarations of Intentions were discovered among " Stenographers'
Minutes " and in files marked " Verdicts," " Consents," " Notices of Trial,"
" Exhibits and Briefs," " Commissioner of Jurors' Returns," etc.. etc. In con-
nection with these papers a thorough study was made of all laws relating to the
subject of Naturalization.
Collated, codified, arranged and bound 1,010,800 papers in 2,525 loose leaf
binders.
THENEWYOHK
PU3LIC LIBRARY
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It became necessary to acquire a thorough knowledge of all the Courts of
the County, when they were established, their powers and jurisdiction, in order
to intelligently handle the records of this office.
There have been rebound and repaired since January 1, 11)00, a total of
1,017 volumes of Records of the County Clerk's Office.
The following summary shows the various records which have been copied
or compiled in the County Clerk's Office since May 26, 1899 ;
SuMJtAKY.
Class of Work. Libers. Pages.
Lexicographical Index. Judgment and Decree Dockets 260 78,696
Notices of Pendency of .\ctions 191 95,332
Index to Notices of Pendency of .Xotions 27 1.206
Clerks" Minutes 52 25,946
Index to Clerks' 'Minutes 34 12,98h
Clerks' Minutes, Special Proceedings 6 3,101
Clerks' Records, City Court 7 3.507
Index to iClerks' Records, City Court 10 3,974
Index to Declarations of Intentions 18 6,488
Index to Naturalizations 11 3.556
Election Returns 3() 1 8,000
Index to Mechanics' Liens 10 1,964
Index to Bonds and Undertakings ,. ^ ;,. - 6 2.488
Corporations i, . . . . ,.*'.'.' !^.-.*-. .,.,.. .;.,... .,., 5 2,241
Index t,> Corporations ,..-..' — ^^..j ..'-.-,-........ ',. 1 326
Court and Road Records '7*;3.,; ^..... .'■..-...,' 2 892
Index to Divorce and Sepanation Proceedings. ;'...' .-;';i.. .,,.......'. y ..t^ 4 886
Index to General Inventory ' ^ .-^t. 1 . 5 517
Index to Records of Convictions 3 1 .4 1
Index to Street Openings, etc • • ; ^ "-
Index *o Session Laws relative to Street Openings, etc.-.-.^';,; . ai .71 I 60
Index to Official Bonds i . . . .\ ; I '. ■. .■.■v-iv>-^ -j-iA- 1 1>^'
Index to Maps .■.■^. . . . . . i 1 7')
Index to Special Proceedings : . . .* I 504
Adoptions I 238
Religious Conporations 1 4.16
Index to Sheriff's .Certificates of Sale 1 4611
Iinie.x to Building and Loan Contracts 1 260
Index to General .\ssignments 1 206
Index to Insolvent Assignments 1 28
Index to Foreclosures hy Advertisement I 42
Index to Orders -Appointing Receivers 1 138
Index to CoJlleclors' Bonds 1 62
Index to Mortgages to Loan Coimnissioners 1 309
Total 703 266,522
The illustration on page 18 shows the condition of one of the books before
the same was copied and restored under the supervision of the Commissioner of
Records, while the opposite illustration on page 19 shows a certified copy of the
same book with the mutilated portions supplied.
OFFICE OF THE SURROGATE.
In the office of the Surrogate the antiquated alphabetical system of indexing
is now being changed to the more up-to-date lexicographical system. The in-
formation contained in two books, under the former system, is now being copied
into one, for example, Letters of Administration are contained in one book and
Bonds of Administration in another. The said books are now being consolidated
into one, so that Letters and Bonds both appear on the same page and are only
indexed once. This is convenient for examination and will facilitate searching.
The eight volumes of indexes now prepared in the Surrogate's Office neces-
sitated the abstracting and arranging of 12,457 names on 1,557 sheets which
were later indexed in said eight volumes consisting of 3,024 pages.
23
The following summary shows the finished work in the office of the Sur-
roga'te :
Summary.
Class of Work.
Libers.
Pages.
Index to Probate of W'ills
Index to Letters of Guardianship
Index to Letters of Administration
Index to Miscellaneous Papers
Index to Final Accountings
Index to Guardians' Accounts
Index tc Record of Inventories
Wills
Lexicographical Inde.x to Probate of Wills and Letters Testamentary.
Lexicographical Inde.x to Letters and Bonds of Administration
Lexicographical Index to Miscellaneous Papers
Total
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184
■7
940
1
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1
530
1
440
1
260
1
420
7
3,371
1,630
1,572
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784
10.381
OFFICE OF THE REGISTER.
In the Register's Office the records which go back to a much earlier date
than those of either the Clerk or Surrogate, required the greatest care in tran-
scribing. The writing was of the style of the Seventeenth Century, the forma-
tion of some letters being very different from our present style of writing. In
a few instances, instruments were found written in Dutch or Latin, while
phrases or sentences in Latin were occasionally found. In such cases it became
necessary to have translations made. The_ illustrations on pages 24 and 25 show
one of these books before and after copyiiig. .
Recently the work of copying the Block Indexes has been and is now in
progress. The originals of these indexes are large books containing about seventy
blocks each and are contained in three sets of books.
In the recopying, the work has been done on loose leaf sheets of a smaller
size and bound into books containing ten bloc|^} each, thereby giving greater
freedom to the searcher and doing away with the confusion of handling three
sets of books.
The following summary shows in a condensed form the amount of work
performed in the Register's Office:
Summary.
Libers.
■Conveyances 2i
Mortgages °°
Lexicographical Indexes — Grantors ^i
Lex cosraphical Indexes — ^Grantees ^'
LexicDgraphical Indexes — Mortgagors 4S
'Miscellaneous Index p
Index to Filed Maps ^
Chronological Index to Filed Maps - '■
Total 656
Pages.
550
550
500
500
500
500
140
140
Total No.
Pages.
254,650
47,300
25y000
18,500
24,000
1,000
1,260
140
371,850
THE NEW YORK
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The following: work Is not bound in volumes :
Libers. Entries. Entries.
Card Index. Filed Maps
Block Indexes, Con\eyance3 — 9 Cedions (19) .
Block Indexes, ^Jortgapes — 9 Sections (1-9)
Block Indexes, iCcnveyancee — S^t-ciions not cc'iiipletcd.
Block Indexes, Mortgages — Sections not comp'etec —
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147!670
158,146
2,500
305.816
30,504
28,389
58,893
Totai 364,709
Recapitulation of Volumes Copied.
Office. Volumes. Pages.
County Clerk's Office '03 266,522
Surrogate's Office 1^ 10,381
Register's Office 656 371.850
1.414 648,753
I i
In the copying of all these recor<}'S-a iwtferm- quality and size of paper was
used, so that the completed certified^ copy' 6f-the records would be symmetrical
and uniform in binding and appearance? ' --..i. -!'■ : -,
The paper was of a fine quality parchment deed, ruled with forty-three lines
to the page, and with a blank space at. the .^pttSPJ.. of the page to allow for
" thumbing " without soiling or erasing ihe writ*ngi,-,'$teel pens were exclusively
used that the ink might penetrate the surface into the fibre of the paper. Gold
pen writing has been found to merely remain upon the surface of the paper
and fade away and disappear within a short space of years.
On account of the fact that all instruments were indexed, showing liber
and page, in the Lexicographical or Alphabetical Indexes, it became necessary,
in the recopying, to so space the work that each instrument would begin and end
on the same page as in the original liber. In some cases, especially in the early
libers (1 to 100) of Conveyances and ^lortgages in the office of the Register,
it was found that the pages contained more or less than forty-three lines, which
necessitated great care by the copyist in transcribing, that his work might be
correct as to page numbers.
The work done is uniform in character, the names of the parties to each
instrument being printed in a bold style, as well as the beginning of each clause,
the rest of the instrument being written in a good legible round hand.
The usual course pursued in the cases of worn or mutilated records is
for the Supervisors of Copying of Mutilated Records to make report to the
Assistant Superintendent, after a general examination of the books and records,
ss to those found in bad condition. This report is submitted to the Commis-
sioner of Records with the recommendation of the Assistant Superintendent as
to which should be ordered copied. The books are then examined by the Com-
missioner of Records and those which he deems require copying most impera-
tively are ordered to be copied. These copies are made by copyists employed by
the Register, County Clerk and Surrogate, respectively, under the supervision
of the Commissioner of Records.
The copies are then taken to the Comparers Division of the Commissionei
of Records Office where they ard carefully compared with the original records,
all errors being corrected, after which said copies are certified by the said Regis-
28
ter, County Clerk or Surrogate, as the case may be, and the same are then sub-
mitted to the Commissioner of Records for examination and approval.
In the copying of records, no erasures are allowed. Errors made by the
copyists are stricken from the book and a marginal note is made as to corrections.
All errors appearing in the original text are copied in the new volume and marked
" So in original."
When parts of an instrument are missing, endeavor is made to supply the
missing words from other authentic records. Where this is done, the informa-
tion supplied is shown in green ink.
MAPS.
Another class of records, the care and preservation of which is under the
supervision of this office, are the maps filed in the offices of the County Clerk
and Register. The importance of preserving these original maps can not be over
estimated, locating as they do most of the old fann lines and other monuments
in the county. The illustration on page 30 shows how badly some of these maps
needed copying. The illustration on page 31 shows the same map copied and
the mutilated parts restored.
Prior to the year 1908, this office, had -the supervision of the recopying and
remounting of all maps filed hi the Register's; and County Clerk's Offices. Since
said time, the actual work of copying has' been done for the Register by the em-
ployes of this office. Many of these maps which were recopied were badly
mutilated and would soon have been totally destroyed. Much missing infonna-
tion on these maps has been supplied "from authentic sources. This supplied in-
formation being shown in green ink on- the -copied maps.
The originals of all copied maps are carefully preserved in this office and
may be referred to by any one upon proper application.
The following schedule shows what has been accomplished in the preserva-
tion of maps :
Total number uf ilaps in Register's Office 2,S10
Number of Maps copied and placed in 13 Portfolios 553
Nu:n)ber of Maps remounted and placed in 4 Portfolios 209 762
Balance on which no work has been done 2,048
Total number of Maps in -Counti- Clerk's Office 602
l'"iled Maps copied 41 Making 157 pages
F'iled ^Maps remounted 543 Making 1,190 pages
Maps in suits remounted 66 Making 219 pages 584
584 1,566 18
Balance not cooied or nioimted — 18.
These 584 Mai>s are bound in 32 Porttolios.
This office has for some time past and is now engaged in preparing for the
Register, diagrams on the new index sheets of the Section and Block Indexes.
In all, there are, approximately, eighteen thousand (18,000) of these diagrams
to be made. To date, there have been completed about four thousand (4,000).
While the foregoing may seem rather a lengthy statement of the work of
this branch of the office, there are many minor things tending to the " care, pre-
servation and convenient examination " of the records which have not been
mentioned; such as copying maps in the various libers and repairing the dif-
ferent records. In fact about 90 per cent, of the work in the bindery of this
office is on the care and preservation of the records. It would be almost impos-
sible to give a detailed statement of the work performed in the bindery, the fol-
lowing is but a general outline thereof:
The work for the Register's Office consists, in part, of inserting and arrang-
ing certified maps in portfolios, backing Land Maps with card board, backing
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33
Filed IVIaps with muslin, repairing Conveyance and Mortgage Libcr.s and other
books of record in said office.
The work for the County Clerk's Office consists of binding Notices of
Pendency of Actions and Clerks' Minj^ttes, putting titles on volumes where
needed, repairing Land Maps, and other work of a similar character.
The work for the Surrogate's Office corresponds with that performed for
the Register and County Clerk and may be generalized as rebinding and repair-
ing records.
»;i . I .■.■..^T«M J :
34
TOWN RECORDS.
Chapter 171 of the Laws of 1904 provides :
Sec. 4. " It shall be the duty of the commissioner of records to examine
into the condition of * * * the books, maps, documents and other records
of the former towns of New Lots, Flatbush, New Utrecht, Gravesend, Flatlands,
Brooklyn, Bushwick and Williamsburgh, in the county of Kings, now constitu-
ting the borough of Brooklyn, in the city of New York; * * * and he shall
have exclusive supervision, care, custody and control of all books, records, docu-
ments, maps, indexes and other records of said former towns in the county of
Kings, which are now in possession of former officers of said towns, or any
of them, or of any other person or persons, board or officers, whether said board
or officers be departments or officers of the city of New York, or any borough
thereof, or otherwise ; and said commissioner shall have exclusive power to make
rules for the convenient use by the public of all the above mentioned records,
documents and papers in his office. * * * The said commissioner of rec-
ords is also authorized to reindex all conveyances, mortgages and other instru-
ments relating to lands and liens thereon, which have been recorded in the
various offices of the town clerks of the former towns of Kings County, re-
spectively, hereinbefore referred to, or which have been filed therein, or which
have been filed but not recorded, in the offices of the register and county Clerk
of the county of Kings, such instrtunents to be indexed in a separate volume
entitled, " Block index of unrecorded instruments," but nothing herein contained
shall be construed as creating either actual or constructive notice of the contents
of the said instruments, or either of them, where the same does not now exist
by law."
Sec. 6. " It shall be the duty of any person or persons, board or officers, hav-
ing in his, its or their possession, any of the maps, books or records of either or
any of the said former towns of the county of Kings, to deliver the same to the
commissioner of records, upon demand, and in case of a refusal, such delivery
shall be enforced by a writ of mandamus issued out of the supreme court, or by
an order of one of the justices thereof ; and in case any officer, board or other
person or persons, upon whom such demand shall have been made, shall deny
having possession of any book or document, or other record so demanded, he
may, upon return of such writ, or order, be examined, under oath, as to the
whereabouts of such books, maps, documents and records. Having obtained
possession of such books, maps, documents, and records, the commissioner of
records shall collate, index and arrange the same for care, preservation and their
use by the public ; and in such cases as he deems necessary shall make translations
into the English language of any such books and records as are in the Dutch
language, and shall make certified copies of any thereof as may be necessary, and
file such certified copies in such of the public offices of the county of Kings or
in the city of New York, as may be necessary for the purpose of assessments,
record or other public use."
The following catalogue shows such records as have been acquired by this
office in pursuance of this law.
35
Catalogue of Libers of Town Records in the Office of Commissioxeu of
Records of the County of Kings.
NoTE--\'oIumes which have ibcen copied arc marked wkh a star C').
Title and Contents.
\\.l. No.
TOWN OF FI^\TBUSH.
Census, State. Election District No. 1 1 845
Census, State, Election District No. 2 I845
Ciiattcl MortEag<rs '.[[]'.'.'.['.]'.'.'.] 1883-18.90
Court, Justices — Minutes 1S87-1S9J
llealtli Board, Minutes ' 1874-1S86
High^vay Commissioners — 'Minutes '..'.'..'..'. 1877-1884
Highway Commissioners — Treasurer's Receipt Book, Town Roads 1869-1875
Higliway Commisi^ioners — Treasurer's Receipt Book, Town Roads 1875-1880
±Iighway Comniislioners — ^Treasurer's Receipt Book, Town Roads 1880-1884
Highway Commissioners — Treasurer's Receipt Book, Toavn Roads 1884-1888
Hignway Commissioners — Treasurer's Receipt Book, Town Roads 1888-1S9.T
Higliway Commissioners — Treasurer's Receipt Book, Crosswalks 1874-1892
Highway Commissioners — Treasurer's Receipt Book, Ocean Avenue 187-1-1889
Highway Commissioners — Treasurer's Receipt Book, Ocean Avenue 1889-1893
Higluway Conuiiissioners — Trea-surer's Receipt Book, Ocean -Xvenue 1893-1804
Highway Commissioners — ^Treasurer's Account Book, Town iRoads 1859-1S69
Highway Commissioners — Treasurer's Account Book. Twvn Roads 1869-1871
Highway Commissioners — Treasurer's Account Book, Town Roads 1873-1SS9
Highway Commissioners — Treasurer's Account Book, Town Roads 1SS9-1S9J
Highway Commissioners — Treasurer's Account B'ook, Crosswalks 1874-1893
Highway Commissioners — Treasurer's .Account Book, Ocean .\venue 1872-1892
Improvement Board — Minutes 1 872^1585
Imfffovement Board — Minutes 1885-1894
Improvement Board — Cash Book 1872-1894
Improvement Board — Ledger 1872-1894
Improvement Board — ^Baiik Book 1887-1894
Improvement Board — Certificates »f Assessment Sales 1874-1891
Improvement Boar:I — ^Certificates of Assessment Sales IS93
Improvement Board — ^Certificates ■«£ Assessment Sales (Clerk's Book) 1874-1893
Index *o Papers received from Comptroller Dec. 16. '1859
Index to Tax List School District NIo. 3 (probably)
Schools — L'Xccounts 1875-18SJ
Schools — ^Accounts 1891-1893
Schools — Accounts, District No. 3 1 887-1888
Schools — ^Draft Stubs. District No. 3 18S-I-1893
Sc'nools — Census, D-istrict No. 3 1893
Schools — Tax List, District No. 3 1877
Schools — ^Tax List, District No. 3 1 879
Schools — Tax JJst. District No. 3 188(1
Schools — Tax List. District No. 3 1881
Schools — Tax List. District No. 3 Ig82-18«3
Schools — Tax List, District No. 3 18S4
Schools — Trustees' Minutes. District No. 3 1875-1882
Schools — Trustees' Minutes, District No 3 I8S2-188S
'Schools — ^Commissioners of Sites Minutes '. 1891
'Streets and Sewers. Commissioners' Warrant Book, Stu'hs 1889-1894
Streets and Sewers. Commissioners' Warrant Book. Stubs 1894
Supervisor — Annual Report 1886
Su]ierv!sor — .\nnual "Report 1887
Supervisor — ^.^nnual Report 1888
Supervisor — -Annual Report . . ., 1889-1890
Supervisor — .-\nnual Report 1891-1892
Supervisor — ^.\nnual Report 1892-1893
Supervisor — .\nnual Report 1893-1894
Town Board Minutes 1875-1882
Torwn 'Meeting Minutes—Dutch (including Town '-Accounts. 1663-1680) 1701-1763
Town '^Meetin-.^ iMinr.te? — Part rAirlcli finc'udinff Slaves, Births and 'ilanumissions,
1799-1819: Court Records. 1679-1681, Drutch) 1762-18ilS
Town Meeting Minutes (inciudine: 'Commissioners o'f 'Highways Reports, 1&23-1851) 1819-1851
Town Records, Deeds. Wills — Dutch 1570-1708
Town Records, Deeds— Dutch 1676/7-1682
Town Records, Deeds — Dutch 1700-1818
Town Records. iCcurt Minutes — Dutch 1659-lfifi-I
Town Record::, Deeds, Court Minutes-— Dutch 1 666-1 68 T
Town Records, Deeds.' Court Minutes — Dutch 1664-1692
Troops--Quota in War of Rebellion 1851-1865
TOWN OF FLATLANDS.
Election InsneCtors' Reports 1799-1846
■Health Board— Minutes 1R80-1885
■Health Board— Minutes 1885-1895
Index of Papers received from Comptroller Dec. 16, 1899
Leases — 'Lands in Canarsie (Bay 1 894
License Board — ^Minutes (including Oyster Permits) 1891-1893
License Board — ^Town Clerk Expense Account (including Lands purchased on
Ruffle Bir) 1894
135
137
134'
131*
133-
149''
140
141
143
143
144
145
146
147
148
150'
151"
1«3*
153"
154*
155*
160*
161*
138*
139*
157
162
163
154
15S
135
123*
124*
125*
126
127*
117*
118*
1 19-
130-
121*
122*
128'
129*
130*
138
1.59
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112*
113*
114*
115*
116-
109*
106*
107*
lOS*
100
101
102
103
104
ins
133
401*
403*
403*
422
423
404*
405
36
Title and Contents. Date. Vol. No.
Miscellaneous JRecords (Indian Deeds, Petitions, Awards, Count Records, Quitrent
Receipts) .''
tMortgages, Chattel
Oyster Board [Minutes ('Rentals)
'Police Commissioner's Receipts
Police Comaiiissiioner's Tllotiter
Police Comlmdssi'oner's Cash Book
H oad Records (including translation of Miscellaneous Records aJbove)
Schools — '^Meetings, Elections, District Xo, 1
Schools — Trustees' Minutes, District N'o. 1
Schools — ^^Minutes, District No. 2
Supervisor — L\iccounts witli Town and School
Supervisor — Accounts
Town IBoard Minutes (including Town Meeting Minutes, 1S57A89\; (Board of
'Canvassers. 1S81-I89I; License Board, 1890; Town Auditors, 1890-1895; Board
of Assessoi-s, 1891-1893)
Town Board Minutes (including Town Meeting Minutes, 1892-1895; Canvassers* Re-
ports, 1S92-1S95)
Town Meeting Minutes (including Strays, 1802-1854)..;..;..;..;..;;;;..;..;
Town Records, Deeds, etc. (including Town 'Meetings and 'Commissioners oif Hi.gli-
ways Records — Partly Dutch)
Troops — Quota in War of Rebellion
TOWN OF GRIAVESEND.
Auditors' Minutes
B-onds — 'Part i., Sewer District No. 1
Bends — Street, Record
Bonds — iStreet, Record
B'onds — 'Sewer Improvement Book
Common Lands, Trustees' Minutes
Health Board — Minutes, No. 2
Plealtii IBoard — 'Minutes, No. 3
Health Board — Minutes, No. 4
Health Board — IMinutes, No. 5
Health ['Board — -Sewer Construction, 'Record No. 1
Health Board — ^Sewer Construction, Record No. 2
Health iB-o^ard — Server Construction, Cash B^ok
Health iBbard — iSewer Construction, Ledger
Health 'Board — Sewer Construction, Stock 'Record
Health B-oard — -Town Treasurer's Accounts, Ledger
Health (Board — ^Town Treasurer's Cash Book
Health iBoard — Town Treasurer's Cash Book
Health IBoard — Town Treasurer's Journal
Healtli Board — Town Treasurer's Bills Audited. Sewer Distracft Xo. 1 Ledger
Index to Books and "Papers received from Comptroller Dec
Schools — ^Oomissioners' Accounts (including Trustees' Reports, 1836-fl843, and
BirtTis of iSlaves)'
Scboiols — ^Tr^^stees' Minutes, District No. 1 (including Liibrary Catalogue and Census)
Stredts — >Cash Book
Streets — Invoice Ifook
Town Board — i^Iinutes (in re To^vn Hall)
Town Board — Minutes
Town Board — iMiinutes
Town Board — Minutes
Town Meeting Minutes (including Canvassers' Reports, 1881-1894; Town Board
Minutes, 1879-1S9-1) . :
Town Meeting Poll List for Special Meeting
Town Records — ^Book 1, Town Meertings
Town Records — Book 2. Deeds, Leases, etc
Town Records — Book 3, Town Meetings
Town iRe cords— -Book 4, Court Minutes.
Tofwn ^Records — 'B'ook 5, Deeds, Leases
Town Records — iBook 6, Patents. Deeds
Town Records — Book 7. Deeds, Toavn Meetingis, etc
To.wn [Records — <Book 8, Canvassers' Reports
To^vn GR.ecords — (Copies o.f Books 1 to 6 afbove made hy John L, Voorhees
Town Records — iCopies of Books 1 to 6 above made by John L. Voorhees
Town Records — 'Partial copy of Book 1
Toiwn Records — Index to copies 'No. 310 and No. 311
Troops — 0\M(Aa in War of Rdbellion
Troops — Persons Liable to Military Duty
TOWN OF NEW UTRECHT.
Assessment Roll
Check Boiok, Brooklyn Bank; Sttilbs
Check Book, iStubs
E-lection Inspectors' Reports
Health Board — ^Slaves' Births
Health Board — 'Assessors* Record. Drainage Assessments, Northerly District
Index of Books and Papers received from Comptroller Dec. 16. 1899
Mortgages — Chattel
Mortgages — Chattel . . . ■.
Oaths of Town Officers f Constj'bles' Bonds, 1877-1893)
Oaths of Tiofwn Officers
Recei'pts — Excise Licenses (Blank)
1661-1864
406
1847-1895
407'
1893-1S95
408'
1855
410'
1893-1895
409*
1893-1895
411*
1661-186S
412'
IS50-1895
413*
1892-1895
414*
1844-1895
415'
1853-1888
416'
1888-1896
417'
1S77-1S?!
418*
1392-1895
419-
1783-1856
420'
'1655-1784
400
ISfililB65
421
1879-1894
337"
1886-1888
341
1886-1892
342
1887-1893
340
1888
336
1880-1894
621*
'1886-1887
344*
1887-1»90
323"
1890-1893
324*
1893
325-
1885-1887
329*
1887-1889
335*
1885-1890
328*
1886-1890
330*
1SS5-18S8
331*
1886-1889
Ji3-
1886-1889
334"
1891-1894
326*
1888-1889
332*
1891-1894
327*
c. 16. 1899
343
1830-1843
317
1857-1894
318*
1892-1894
339
1885-1886
338*
1873-1883
314*
1884-11891
312-
1892-1894
315-
1894
316*
1873-1893
313"
1891
322
■1646-1653
300*
1653-1670
301*
1656-1705
302*
1662-1699
303*
-1672,1689
304*
1645-1701
305*
1704-1872
30-6*
1799-1845
307*
310
311
309
308
1S61-1865
319*
1862
320*
1332
211*
1869-1876
231
1876-1-878
232
1799-I82W
203-
1800-1822
20V'
1871
227*
ec. 16.1899
24 P
1850-1880
228"
1875-1894
229"
1877-1885
225*
1885-1894
226'
236
37
Title and Contents. Date. Vol. No.
Receipts— Various 1832-1872 230'
JRoads— (Records 1704-1859 212'
Rioads — Districts il870 ^17*
Schools — Oommissioncrs' Minutes 1823-1823 210
Sewers — ^Bath Beach Commissioners' Minutes 1889-1894 237"
Servers — ^Bath Beach Commissioners' Account with Supervisor 1890-1894 219
Sewers— Bath Beach I-ateral Sewer. Ledger 1892-1894 238
Strays— Notices of 1794-1860 213"
Streets — Jiatll Beach Improvement Commissioners' Journnl 1894-1895 239"
Supervisor — u'Xccoants with Town Officers 1832-1873 215*
Supervisor — -Accounts with School Coinmis?;ioner9 1856-1872 213*
Supervisor — ^Aocount T'kioIc, Receipts and Expenses 1822-1832 2 1.4 *
Supervisor — ^\ccount Book, Receipts and E.xpenses 1874-1895 216'*
Supervisor — .-\ooount Book, Excise 1894-1895 220-
Supervisor — L\coounit Book, Flagging 1889-1895 221
Supervisor — -Account Book, Street .'\&sessment Improvement 1889-189-T 222*
Supervisor — 'Account Book (Streets 1885-1894 223*
Supervisor— ..\ccount Book.' IMenio. of Bonds 1890-1894 224"
Town Meeting Minutes, Oaths 179-3-1893 204-
Town Meeting Minutes, Oaths 18C4-1815 205"
Town Meeting Jfinutes, Oaths ; 1816-1826 207"
Town Meeting Minutes, Oaths 1827-11829 206*
Town Meeting Minutes, Oaths , 1832-1876 241'"
Town Meeting Minutes (including .Election Inspectors' Returns, 1881-1894).... 1877-1894 208"
Town Records — ^Histiory of Town. Deeds, Town IMeetings, etc., Part Dutch 1659-1831 201
Town Records-^Dutch ie6M6S2 202
Town Records- — ^Miscellaneous Papers in Scrap Book, Mostly (D'Utch oi *
Troops — 'Persons I.ia'Me to ^[ilitarv Dutv 1851 ^33
Troops— Quota in War of Rebellion 1861-1865 234_^
Troops — Pcraons Liable to Military Duty 18G- 2i:>
TOWN RECORDS.
Of what good are these ancient town records which for years have been
allowed to go to decay. The money equivalent for the money expended for
their repair and preservation cannot be stated, although in cases it has come
back many fold, hi all civilized communities, property in the soil is the first evi-
dence of settlement. These records show how the title passed from the Indians
to the Government, and from the state to individuals. In fact they are the basis
of the title to all real estate in this county. The true value of these records has
been estimated by thoughtful students of them.
Edward Everett said: " In the pages of these ancient volumes there will be
found lessons of experience; of blessed common sense, shaping itself to the
exigency of uncommon times; of patient submission to present evils, in the hope
of a brighter day ; of fortitude and courage in an humble sphere ; of provident
care for the rising generation and posterity ; of unwearied diligence for the
promotion of religion, morals and education, which in their joint effect have
done much toward giving us this goodly heritage."
Hon. C. F. Adams said : " It is in the towns and town records, that the
American historical unit is to be sought. The political philosopher can there
study the slow development of a system as it grew from the germ up. The
details are trivial, monotonous and not easy to clothe with interest; yet the
volumes which contain them are the most precious of archives. Upon their tat-
tered and yellow pages the hardly legible letters of the ill-spelled words are
written in ink grown pale with age ; but they are all we have left to tell us of
the first stages of a political growth which has since ripened into the dominant
influence of the new world. Nor is it too much to imagine that when the idea
of full human government, first slowly hammered into partial shape in these
towns, as yet far from perfected, shall have permeated the civilized world and
assumed shape, then these town records will be accepted as second in historical
importance to no other form of archives."
Dr. O'Callaghan says: " The records of a government which thus introduced
civilization, and founded courts, churches and similar institutions in our State,
38
are, few will be bold enough to deny, deserving of every care and worthy of
particular preservation. They are the ground work, the foundation stones of
the History of the State of New York, and, if destroyed, the record evidence of
its antiquity is irreparably lost."
These records contain much minute legislation which show the creeds, the
habits of thought, and the manners of the time. Here and there, a ray is shed
upon domestic life, or family relations, which has its personal interest. The
town legislation looked carefully after the manners and morals of the people;
there are many curious entries which unconsciously throw a vivid light upon
the new country and its simple life, and are of the greatest sociological value to
one who would reconstruct a picture of this primitive life.
"Of what value are these old records?" Money value is usually in the
mind of the questioner, and he can find the answer if he will consult the records
of the courts. He will find how often these old records have been the only
foundation for a just settlement of a knotty legal question. In every instance
where an old road has been in question the town records are of the greatest im-
portance. The monetary value of these records will be fully appreciated in the
settlement of the ownership of the marsh lands in Jamaica Bay. While this
problem has been settled as between the State and City it is believed that before
the Jamaica Bay Improvement has progressed very far, claims to part of these
marsh lands will be made by different private individuals; if this proves to be
true, these town records will be the -OH-ly ineans oi settling the question.
The condition of some of thesS v61flmes'as_'tfae_y were,^when delivered to this
office, cannot be pictured by description .'or plwtography, as nothing but hand-
ling will show the state of decay to which the paper had arrived.
The illustration on page 40 is an, attempt, to show the condition of one of
these books, while the opposite illusti-ation- oti ^page 41 shows the present con-
dition of the same book after repairing a:ild tebinding.
Some of these records have resisted decay for more than two hundred and
fifty years and it was only too evident that their powers of resistance were in
many cases nearly at an end, and that the time was not far distant when these
records would have entirely disappeared. Some of these volumes had been
wholly separated from the covers, and pages from each other, and wrongly ar-
ranged until the pages of the various volumes were so mixed as to make it
the work of an expert to sort them. Copyists, or so-called historians, had re-
paged them, often erroneously, and in some instances the volumes had been re-
bound with the pages in this improper order. The brittle leaves had been worn
away, carrying with them information which virtually destroyed the particular
record.
COLLECTION OF RECORDS.
Until the annexation of the former towns that made up the County of
Kings, there were in each town a town clerk and various commissions and de-
partments which had to do with the real estate in such towns, respectively, in
which offices were kept records showing transfers of land, laying out of roads,
woodlots, common lands, etc.
In order to ascertain what particular records were in use in these towns, the
laws affecting their formation and government have been examined and memo-
randa has been made of the several boards and offices provided for by law and
of the records which were to be kept by them. It became necessary to ascertain
the names of the members of these various commissions and departments, and
where possible by personal interview find what had become of the records they
were required to keep.
At the time of the consolidation of the Towns of Flatbush, New Utrecht,
Gravesend and Flatlands into the City of Brooklyn, a large portion of the rec-
THE NEW YORK
PUBLIC LIBRARY
ASTOR, LENOX AND
TILDEN FOUNDATIONS.
LIBER 5 OF GRAVESEND RECORDS.
1672.
LIBER 5 OF GRAVESEXD RECORDS AS REHOUXH.
1672.
, >>N0
,SvS''?i-
43
orcls of said towns then in existence, were turned over in bulk to the Corpora-
tion Counsel of Brooklyn, who caused them to be examined and listed, and later,
on creation of Greater New York, transferred most of these records to the
Finance Department. Many of the other records were turned over by the town
officials to the corresponding departments in the former City of Brooklyn. This
office has received most of these records.
Occasionally this office receives records of value from former town officials
or private individuals, but as time goes on it becomes more difficult to locate the
missing records. From different sources there have been collected to date 29,231
manuscript records. The following schedule shows the number of papers relat-
ing to each of the former towns of Kings County now in the custody of this
office:
New Lots 1 8 1-
Flatbush 13,001
New Utrecht 4,830
Gravesend 6,813
Flatlands 4,406
Total 29,331
These papers comprise:
A. Acceptances, Appointments, •Bo^dgj^Oaths and Resignations of Town
Officers, supplementing similar informatfe'Ufg'tyeii.in the books of Town Meeting
Minutes. * ■■-'[ ".-~-< '.
B. Bills of Sale, Deeds, Leases, Mortgages,^ Patents and Releases. Among
these are ten original patents or charters given by the Putch and English Gov-
ernors to the towns and a number of uijiecbMed: deeds of early date.
C. Minutes of Town Meetings ai«l To"\yn '©oards,' Reports of Town Offi-
cers, including reports of Auditors, Common' Land Trustees, Election Boards,
Excise Commissioners, Fire Commissioners, Health Boards, Highway Commis-
sioners, Improvement Boards, Police Commissioners, School Trustees, Town
Treasurers and Water Boards.
Among these are to be found franchises and permits for railway, lighting
and water companies. A very considerable number of papers deal with street
openings and improvements, comprising orders of opening and grading, appoint-
ments and oaths of commissioners, awards and final reports. In these papers
are to be found many diagrams and maps which are not listed in the number of
maps.
There are also many papers dealing with vital statistics, such as births and
manumissions of slaves. These are of comparatively early date, as are also the
papers dealing with arbitrations and settlement of town boundary lines.
D. There remains a number of papers which will not permit classification
under the three heads above given. Of such a nature are copies of laws affect-
ing the different towns, and a number of papers of very old dates, both in Dutch
and English, dealing with all sort.s jDf subjects.
There is also in the custody of this department 199 maps distributed by towns
as follows :
New Lots 23
Flatbush 38
New Utrecht 24
Gravesend 109
Flatlands 15
Total :.■ 199
44
This does not include the large number of maps and diagrams attached to
the papers and mentioned above.
The maps of early date are of the first divisions of the town common lands,
such as home lots and plantations, wood lots, meadow lots, etc. ; also maps used
in early suits against the towns and maps used in settlement of boundary lines.
Of later date, there are maps showing opening and improvements of roads or
streets, changes of line proposed and adopted, sewer district maps, maps showing
divisions of common lands and lands under water, maps of railway lines and
a number of maps showing the estates of private individuals. There are also
a few assessors' maps.
MISSING RECORDS.
Few persons realize the extent to which the earlier records of Kings County
towns have disappeared and it is only when some question arises bringing to
public notice the fact that certain much needed records are missing that the
people give a thought to the matter. That these records are missing is not sur-
prising when it is recalled that although the Town Clerk's Office was made the
repository of many records, books, papers, plans, etc. ; his office, if such it
can be called, was his dwelling or a store or business office which might be his
own or one in which he was employed. It was quite a common custom for clerks
to loan their records and papers to persons asking for them, especiallv to his-
torians, who, strange to say, usually took.;ho care for their safety.
Of the missing records those of the town of Brctoklyn are without doubt of
the greatest importance. These records wef-e taken to England during the Revo-
lutionary War by John Rapalje, who was employed as a clerk by LefYert Lef-
ferts, the Town Clerk. After the death of Rapalje these papers'came into the
possession of his granddaughter who married' William \VeIdon of Norwich,
County of Norfolk, England. About the year 1810,' Weldon and his wife came
to NewYork bringing with them the lost records of the Town of Brooklyn, which
they oitered to sell to the town for a large sum, but would not allow thehi to be
examined before delivery. The town officers not appreciating the value of these
records, they were allowed to be returned to England. (Stiles History of
Brooklyn, volume 1, page 327.)
Of the records of the former Towns of Bushwick, Williamsburgh and New
Lots, this office has collected comparatively few, owing to the difficulty in ob-
taining information regarding their disposition, by reason of the time which
elapsed between the consolidation of these towns into the former City of Brook-
lyn and the act of 1890 which gave this office the custody of these town records.
COPYING OF TOWN RECORDS.
No one unfamiliar with ancient records can have a right idea of the time
required for correct copying and it is difficult to convince such a person that
more cannot be accomplished. In ordinary copying, words and sentences are
easily carried in the mind, whereas in the ancient copying it must be done word
by word and often, owing to the quaint spelling, letter by letter. It is as neces-
sary for one copying ancient records to be familiar with' them generally, as it is
for one copying a foreign language to be able to read it. Indistinct strange words,
jjhrases and spelling which would not be decipherable to a novice because ot
their apparent lack of meaning are recognized by an expert.
The course pursued in copying has been to make a manuscript copy of the
original, preserving the orthography, punctuation and, in fact, every feature, so
far as practicable, that appears in the original record. After the copying is com-
pleted comparison is made with the original. In cases where errors have been
made by the copyist, no erasures are allowed to be made; all corrections are made
THE NEW YORK
PUBLIC LIBRARY
ASTOR, LENOX AND
TiLOeN FOUNDATIONS.
a.
2
>
U
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X
THE NEW YORK
PUBLIC LIBRARY
A3T0R, LENOX AND
TILOe.M FOUNDATIONS.
49
in red ink and a note is made on the margin that the correction has been ap-
proved. Where apparent errors appear in the original text a marginal note is
made that the error appears in the original.
The illustration on page 46 shows one of these original records. The op-
posite illustration on page 47 shows the copy as prepared by this office.
TRANSLATIONS.
As will be seen by the catalogue in the beginning of this chapter, many of
the old records of the various towns are written in the Dutch language. In some
instances, while these records were still in possession of the town
clerks, partial translations were made. In these translations there are many
errors both of commission and omission. In addition to this these translations
are not complete of any single book, the one employed to do this work selected
instruments at random, sometimes from one book and sometimes from another
and many of the records of the greatest importance were entirely omitted. Trans-
lating these ancient records requires the services of one who is a competent Dutch
and Latin scholar, a master of correct English, and thorough acquaintance with
the history of the town to which the records refer. None of these qualifications
seem to have been possessed by these early translators. In other words these
early translations and transcriptions proved to be of such a character that this
office was compelled to entirely ignore them.
Archivist Van Laer, of the New York State Library, in discussing the trans-
lation of Dutch records advocates the transcHptrori of all the records in Dutch,
with translations on the opposite pages. In a'Acent report he says:
" i\Iodern scholarship regards the translation of historical documents as
merely editorial work and demands .that-'-the-Qriginal te.xt be given as well as the
translation, in order that competentipersons inay critically study the records for
themselves. There are in and outside of the State many persons who can read
and understand a printed Dutch text, but who are not sufficiently expert in the
grammatical forms of the language and in the handwriting and contractions of
the period to make much out of the original manuscript. In the interest of such
persons the Dutch text should be given as well as the translation. Moreover,
the publication of the Van Rensselaer Bowier manuscripts has in Holland at-
tracted attention to the fact that the early Dutch settlements in this country are
worthy of careful study. For the sake of the benefit which the elucidation of
the early history of the State may derive from the study of the records by
Dutch historians — who look at events from a different point of view and who
have the advantage of a detailed knowledge of the contemporary history of
their own country — it seems important to give such scholars the necessary mate-
rial in its original form and in their own language, instead of through the medium
of 1 foreign tongue. Finally, and this is perhaps the most important reason for
printing the Dutch text as well as the translation, the printing of the documents
in their original form is, properly speaking, the only means of preserving for
all time the authentic information contained in them."
This office has had the method suggested by the State Archivist in use for
a number of years, the course pursued is as follows : An accurate transcription
of the Dutch'text is first made by the translator, on the left hand page and di-
rectly opposite on the right hand page, line for line, as far as practicable, is
written the translation ; this translation is attested by the translator in an affidavit
before an officer empowered to administer oaths. An illustration of one of these
transcriptions and translations appears on page 51. _
Indices are prepared and copied in the proper place in the beginning of each
liber. These indices give ail page references to every proper name, every place
or locality, and every subject of importance treated or mentioned in the record.
The value of an index of this kind needs no comment.
&
m
^f^
Til.-.
PUBi-.i«- Li.>ii^>HV
MTOK, LENOX ANO
TILOEN FOUNPATIONS.
53
Of the 176 original volumes in jiossession of this office, copies have been
made of 123. In addition to which duphcate copies have been made and filed
for use in various offices as shown in the following schedule :
Ofifice. - No. of Volumes.
Department of Finance 5
Clerk of Kings County 2'.)
Register of Kings Countv 1
Board of Health (Brooklyn) 4
Bureau of Highways (Brooklyn) 2
Department of Police (Brooklyn) 2
Total 43
Such volumes as have been copied are marked with a star (*) in the
catalogue.
COLLATING, INDENING AND ARRANGING PAPERS.
i\Iuch preparatory work must necessarily be done before the papers are
finally arranged in order for copying, and it is also essential that records called
for at any time by the public should be obtajnable without unnecessary delay. All
papers have been placed in metal files,. ;eacli file bearing'a label showing the
class and nature of its contents, which, 'ii}. conjunction w'ith lists prepared and
used as temporary indices, furnish ready referehcg' fo-said, papers. The maps
are kept in metal drawers and map tubes, properly labeled, and are easy of access.
The original volumes are arranged in ordef iff'S' larg| fireproof safe and,
so far as possible, are only used for identification. . "
Every facility is provided for the convenience of those desiring to examine
the records, and employees of this office are constantly in attendance to render
assistance and in providing such information as may be required.
SILK PROCESS.
As most of these records are of the greatest importance, the utmost care is
taken for their preservation and, ordinarily, they are kept in repair by employees
of this office. In the cases of some of the older records which have become so
worn and mutilated by exposure, use, and the chemical action of the ink that
portions are continually crumbling off and disappearing, a silk covering process
has been applied by outside experts to arrest their disintegration and to preserve
them indefinitely.
This treatment has been used especially for the preservation of the most
ancient of the town records and in the covering of maps.
The excellence of the silk or tissue process for preserving and binding rec-
ords which were apparently beyond repair is so well acknowledged that each
year sees more of the ancient records so treated. The illustration on pages 56
and 57 show a book which has been covered with silk and one in need of such
covering.
The cost of the particular silk and the expert labor used upon the records
necessarily makes this class of work expensive.
THE NEW YORK
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**TOR, LENOX ANO
TILDEN F0UN0*T|!;N8.
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ASTon, LENOX AND
TILDEN FOUNDATIONS.
59
RRIXDEXING.
The Colony of New Xetherland was planted by the ^^'est India Company, a
commercial corporation of Holland, which obtained from the States General of
Holland an exclusive charter or ])atent in Ki'^M to fomid colonics, etc., and for
this purjwse was invested among other things with the most comprehensive civil
and judicial power. It was exclusively entrusted with the admini.stration of jus-
tice in the colonies it should establish, having the right to a])point governors
and all civil officers, etc., and to do all that the service" of those countries might
require. (Charter. Article 'i.')
Under the Dutch regime there were no territorial divisions corresponding
with what are now counties. The simple government of the towns was in part
administered by magistrates nominated by the people and confirmed by the gov-
crnor._ The will of the governor in all matters, general and individual, civil and
ecclesiastical, was absolute, and it appears that the rights of the people were
held to be subordinate to his personal preferences, he often wantonly rejecting
such magistrates as they had chosen merely to gratify his humor or caprice.
The laws and ordinances for the government of the province conformed gen-
erally to the jurisprudence of Holland.
Under this form of government, while towns had been erected, all papers
relating to real estate were recorded with the Colonial Secretary. The follow-
ing is the first legislation in this province relating to the recording of deeds, etc. :
L.wvs or Xkw Xi:Tin:i!LKSf^— Paise 114.
t y ..." 1^ '^- . J. :
" Whereas the Director and Council of New Xetherland have, been informed
that divers clandestine abuses and frauds liave been practiced in the selling of
Real Estate, such as Houses, Gardens, House lojt.s.jand btlierltands, to the serious
injury of Creditors. .. - . ,t
Therefore, the Director and Council do by these presents, charge their Sec-
retary and, in his absence, the Chief Clerk, not to pass or sign any deed of Real
Estate until it shall have been examined and approved by the Director and Coun-
cil at the stated Court day, hereby declaring all contracts and conveyances null
and void which shal' have been ])assed without their approbation, ratification
and signature.
This done and approved in our Sessions at Eort Amsterdam this Tth dav of
February Anno 1650."
This law continued in force until 1004 when the following ]X'tition was made
and ordinance passed:
A'OLUME 14 Coi-ONI.!iL DOCUMENTS PaGE 541.
To the Xoble, \'ery Worshipful Director General and Council of Xew Xether-
land.
Respectfully show the Schout and the Schepens of the \'illage of Midwout,
Breuckelen and Xew Eutreclit, that experience has taught and is daily teaching
them, that many irregularities and confusion occur among the inhabitants of
said villages, because parcels of land, houses and lots which have been sold, are
not properly conveyed ; for it often happens that a piece of land, a house, or a
lot is sold four or five times without a deed for it having been given and a re-
ceipt for the purchase money taken, because the persons considered the trouble,
loss of time and expenses caused by coming to Fort Amsterdam to have the deed
properly recorded in the Secretary's office. As it is an old custom in Holland,
that all real estate is conveyed and transferred before the Schepens, in whose
jurisdiction it lies, and in order to prevent the confusion and irregularities likely
to arise through the neglect of having it pro])crIy conveyed.
60
Your petitioners turn to your Honors respectfully requesting that vou will
favor your petitioners with the authority and allow them in their aforesaid qualit\-
and by their Secretary of the four Villages to have the conveyances of real es-
tate, already sold or hereafter to be sold there, made before the Secrty in pres-
ence of the two Schepens of the village, where the property is situated. Also
that henceforth the petitioners may take acknowledgments, before two Schepens
of the respective village, of .Mortgages and bonds; the petitioners shall keep
a separate record of the conveyances and mortgages in each \''illage. Which
doing Etc.,
Your Honors obedient servants,
The Courts of ^lidwout, Amesfoort, Breuckelen & New Eutrecht
By order of the said Courts
Adrian Hegeman,
Secretary.
A'oLTniE 14 — CoLONiAi, Documents — Page 542.
Worthy, Dear, Faithful
Our answer to your petition is contained in the enclosure. This serves only
to recommend and direct you to take care, that no deed or Mortgage of any piece
of land, house or lot to be passed of which no proper patent can be produced, so
that our good inhabitants may not be cheated and misled, for deeds and Mort-
gages of property, for which no patent is issued, are null and void.
In passing deeds. Mortgages, etc., you will use the Seal, sent herewith, until
further orders.
Wherewith Etc.
Feb. 14th, 1664.
Laws of New Netherland — P.\ge 459.
Passed February 14, 1664.
" The Director General and Council of New Netherland, having read and
considered the petition of the Schout and respective Schepens of the Villages of
Amesfoort, Breuckelen, Midwout and Utrecht on Long Island, setting forth
that many Inhabitants in said A'illages neglect to convey in proper form their
sold Lands, Houses, and Lots, to the purchasers, and to give a quit-
claim therefor, as many were, as they represent, unwilling to bear the
trouble, loss of time and expense attendant on going to the Manhatans to the
office of the Secretary of the Director General and Council, so that some Lands
were sold 4 or 5 times without being duly recorded, said Petitioners therefore re-
questing to be authorized to have Deeds and Mortgages executed before them,
each within his respective jurisdiction. Which, being taken into consideration by
the Director General and Council, they have ***** authorized,
as they do hereby, the said Petitioners, to have executed before them, the Deeds,
Mortgages and Quitclaims of the Real Estate situate within their respective
Jurisdictions and not beyond or without the same. Provided that in each Vil-
iarge correct Registers be separately kept as well of Deeds as of Mortgages, in
order that it may at all times be correctly seen who the right owners of the
Lands are, and if these are incumbered or not, and' that correct copies thereof
be annually delivered into the Office of the Director General and Council.
Thus done in Fort Amsterdam in New Netherland, the 14 February, A°
1664."
This law marked the beginning of the recording of papers relating to real
estate in the offices of the Town Clerks.
The foregoing was the manner of recording transfers of real estate at the
time of the evacuation of the Colonv of New Netherland bv the Dutch, September
6, 1664.
6i
Under the English the system was very similar as is evidenced by the fol-
lowing:
Coi.oxiAi. Laws, Volume 1, Page 30!'
Duke of York's Laws, .Mahcii 1, 16G5. , ■.
Conveyances, Deeds and Writings.
" That henceforth no sale or alienation of houses and lands within this Gov-
ernment, shall be holden and good in Law except the same be done bv Deed in
writing imder hand and Seal and delivered and possession given * * * and
imless the said Deed be acknowledged and Recorded according to law. * * *
And for the Recording of all such Grants, Sales and Mortgages. That everv
Clerk of every Court of Sessions shall enter all such Grants, Bargains, Sale's
and Mortgages of Houses, Lands, Rents and Hereditaments as aforesaid, to-
gether with the Estates of the Grantor and Grantee, Things and Estates granted
together with the Date thereof."
Colonial Laws, Volume 1, Page 62.
Duke's Laws, March 1, 1665.
Records.
" All Records of Bargains and Sale or any other Conveyances. Administra-
tions or Probates of Wills within the North and West Riding shall be Trans-
mitted to the Office of New Yorke, with the fees Ordained for the Records within
one Moneth after the Record shall be made in the Courts, If within the East
Riding within two Moneths."
On the 1st day of November, 16S3, an Act was passed to " divide this
province & dependences into shires and Countyes " (Col. Laws., Vol. 1 Page
121, Chap. 4).
Under this Act the County of Kings was created as a Civil division, and
two days later the following law was enacted :
Colonial Laws, Volume 1, Page 141.
An Act to prevent ffrauds in Conveyances of lands.
Passed November 3, 1683.
" Forasmuch as many abuses and injurys have happened to the Inhabitants
of this Province for the want of Duely registering and recording Conveyances
of Land whereby disputes and law Suittes do continually arise ; ffor the prevencon
whereof ; Be it enacted &c., &c. That from and after the five and twentieth day
of December next after the date hereof, no grants, deeds, mortgages or other con-
veyances whatsoever of any lands or Tenements within this Province shall bee
of any force, power or valiidity in Law unless the said grants. Deeds, Mortgages
or other c'onveyances be entered and recorded in the Register of the County
wherein such lands or Tenements do lye within six months after the dayes of
their respective dates.
Provided always * * * That none of the aforesaid grants. Deeds,
Mortgages or other Conveyances shall be entered or recorded, until the party
or partyes who did seale and deliver the same shall make acknoweldgment thereof
before some of his matj" Justices of the Peace, or that the same bee by Sufficient
Witnesses proved before the said Justice of the peace and certificates thereof
entered on the back side of the said Deeds, grants, ^lortgages or other Con-
veyances.
Provided always that the said Deeds, Mortgages or other Conveyances as
aforesaid bee by the clerk or register of the county * * * transmitted once
62
every yeare to the Secretary's office att New Yorke with the ffees ordained foi
the same, there to be registered and entered.
Provided also thatt the sume menconed in the said Deeds, Mortgages or
other Conveyances do exceed the svmie of £50 and no otherwise.
Provided also thatt if the Clerk or Register shall neglect to transmitt the
said Records as aforesaid that the such neglect of the clerk shall not prejudice
the right of any person claiming any such land by virtue of such Deeds, Mort-
gages or conveyances as aforesaid, butt thatt for such neglect the said clerk
shall loose his place & be made forever incapable to execute any place or office of
trust within this Province."
This Act which was amended Oct. 23, 1684 (Colonial Laws, Volume 1,
page 148) was the origin of recording in the County offices. In other words,
all records relative to real estate in the office of the County Clerk or Register
were recorded subsequent to November 1, 1683.
The following extract from the Colonial Laws explains itself:
CoLONi.vL Laws, Volume 1, Page 713.
Chapter 216.
An Act for the better settlement and Assureing of Lands in this Colony.
Passed October 30, 1710.
* * * " And whereas by many accidents the Deeds and Writings relating
to Estates Some time have been and may hereafter be Destroyed, Consumed and
Lost AVhereby the Lawful and Rightfull Owner of any Lands, Messuages,
House, Tenements and Hereditaments may be exposed to many doubtful. Expen-
sive and \exatious Suits, and other Inconveniences, for the Preventing Whereof
Be It Enacted by the Authority aforesaid. That all and every Deed or Deeds
Conveyance or Conveyances and Writings relating to the Title of Property of
any Lands, Messuages, Tenements or hereditaments within this Colony which
have been already or shall be hereafter Executed being Duly Acknowledged &
Recorded in the Secretary's Office of the said Colony, or in the County Records
where such Lands are Scituate and being Such Deed or Writing so Recorded
or Transcript Thereof Shall be good and Effectual Evidence in any Court of
Record within this Colony, to all Intents and purposes, as if the Original Deed
or Deeds, Conveyance or Conveyances and \\'ritings was or were produced and
proved in Court.'"
CoLoxiAL Laws, A'olume 3, Page 9.57.
ClIAPTEK 945. ii
An Act for preventing frauds by Mortgages which shall be made and Exe-
cuted after the first of June, 1754.
Passed 12/12/1753.
" \An:ereas many frauds and Abuses have been committed as well by persons
Mortgaging their lands. Tenements and Real Estate and afterwards Selling the
same Lands to other Persons who were ignorant of Such Mortgages as by Persons
Mortgaging the Same Lands Several times without giving Notice to the latter Mort-
gagees of the former Alortgage or Mortgages. Whereby many Persons have been
defrauded of great Sums of Money. Wherefore for preventing those Evils for
the . future. Be it Enacted * * * That immediately from and after the
Publication hereof Each and every of the Clerks of the Several and Respective
Citys and Counties within the Province Shall provide a fit and proper Blank Book
for the Registering of all Mortgages of Lands, Tenements and Real Estate lying
within their respective Citys & Countys Which shall be made and executed after
June 1, K54. In which Register shall be entered the description and boundaries
63
of the lands mortgaged, the names of the Mortgagors and Mortgagees and the
dates of the respective Mortgages and Mortgage Money and the time and times
when payable and the time when registered or recorded.
To which register all persons whatsoever at proper seasons may have re-
course and search and for which the said clerks shall have and receive the sum
of three shillings for each Mortgage so entered and one shilling for every search.
Provided Always that before any such Mortgage shall be so entered in any such
register the same shall be either acknowledged by the parties that executed the
same or proved by one or more of the Witnesses thereto * • * *
And be it fm-ther Enacted by the Authority aforesaid. That if any person
or ])ersons whatsoever shall after June 1, 1754, Mortgage any lands, Tenements
or Real Estate whatsoever within this Colony to two or more persons at different
times and any doubt or dis])ute shall arise about the priority of such Mortgages.
That then and in such case the Mortgage first entered on the Register in manner
before directed for the City or County where the Lands, Tenements or Real
Estate lie shall be deemed and taken and is hereby declared and shall be adjudged
by all Courts of L.aw and Equity within the Colony to be the first and prior
Mortgage. Provided it be made Bona Fide and upon good and valuable consid-
eration. Any Law, Usage or Custom to the contrary notwithstanding.
***********
And be it further Enacted by the Authority aforesaid. That whenever any Mort-
gage or Mortgages so entered as aforesaid, shall be redeemed paid oft' and dis-
charged. The clerks of the respective Citys and Countys. on application to them
made by the Mortgagors or persons Redeeming Paying oft', and discharging such
Mortgages and producing a certificate to the respective Clerks of the respective
Cities and Counties signed by the Mortgagee or the Mortgagees in such Mortgage
his her or their Executors Administrators or Assigns and acknowledged by the
party or parties signing the same * * * Shall and 'they are hereby required to
enter into the aforesaid book of Mortgages, a minute of the said discharge or dis-
charges which minute so entered shall be deemed and taken to be and is hereby
declared to be a full and perfect and absolute barr to the first entry of any such
Mortgage or Mortgages. * * *"'
I'nder the requirements of this law the County Clerk of Kings County began
the recording of Mortgages in separate books. This law did not require that
the mortgage be recorded in full. Only that there be entered the description, the
parties, the amount, iclien payable and the date of record.
The discharge of a mortgage under this act was, as a rule, nothing more than
a receipt in full often pasted in the book opposite the mortgage.
This law was practically re-enacted by Chapter 45 of the Laws of 1788.
The foregoing illustrates the manner of recording in use prior to the re-
cording act of 18'2? of which the following is an extract:
L.\ws OF 183-2, Chapter •?54, Page 284.
." Be it enacted &c. That every deed, conveyance, or other writing, made and
executed after the first day of January next, whereby the right or title to any
lands or tenements lying in the counties of Saratoga, Kings and Sullivan, may be
affected either in law or equity, after being acknowledged or proved by any
of the officers empowered by law to take the acknowledgments of deeds * * *,
shall be recorded in the clerks office of the said counties, in books to be provided
by the clerks of the said counties, for that purpose, and that every deed, con-
veyance, or other writing, made and executed after the said first day of January
next, whereby any of the said lands may be aft'ected, in law or equity, shall be
adjudged fraudulent and void against any subsequent bona fide purchaser or
mortgagee, for a valuable consideration, unless the same be recorded as by this
6i_ .
act is directed, before the recording the deed or conveyance, under which such sub-
sequent purchaser or mortgagee shall claim.
And be it further enacted, That every deed, conveyance, or other writing,
of and concerning any lands or real estate, within the said counties, which shall
be entitled to be recorded as aforesaid, shall be recorded in the order, and at
the time when the same shall be delivered to the clerks for that purpose, and
shall be considered as recorded from the time it was so delivered; and the said
clerks shall make an entry at the foot or in the margin of the record thereof, of
the day, month, year, and the time of the day, when the same is so recorded, and
endorse and sign a certificate on such deed, conveyance or writing, of the par-
ticular time when, and the book and page in w-hich the same is so recorded, and
that every deed, conveyance, or writing, so acknowledged or proved, wdiether
the same be recorded or not. or the record thereof, or a transcript of such record,
certified by the said clerks, under the seal of the Court of Common Pleas of the
counties whereof they are clerks, may be read in evidence in any court of this
State, and without further proof thereof. * * *"
It will be noticed that here there is a complete system for the registry of
deeds and mortgages and not one word is said of any index to be made. In the
certificate on the paper so recorded and the clerk is not required to certify that a
paper is indexed.
Laws of 1826— Chapter 313.
" That it shall be the duty of the clerks of the several counties of this State,
whenever directed by the Court of Common Pleas of any county to provide proper
books for making general indices of all deeds and mortgages recorded or regis-
tered in the Clerk's office of said counties respectively, and to index, in alpha-
betical order, all such deeds and mortgages, in such manner as shall afford a
correct and easy reference to the several books of record in said offices, one of
which indices shall contain, in alphabetical order, the names of grantors or mort-
gagors, followed by the names of all their grantees or mortgagees ; and the
other shall contain in like order, the names of all the grantees or mortgagees,
followed bv the names of their grantors or mortgagors ; which indices of deeds
and of mortgages shall be entered in separate books, and also to leave sufficient
room in such books to insert the names of other grantors and grantees, mortgagors
and mortgagees, from time to time ; and when the said indices shall be so com-
pleted, the boards of supervisors of said counties shall audit and allow to the
said clerks all monies they may have expended in purchasing said books, and 25c
for each and every hundred names contained in said indices. Provided, That
this act shall not extend to any counties where such indices are already provided,
or to the City and County of New York."
Laws of 184-3 — Chapter 199.
" Sec. 1. The clerks of the several counties in this State * * * in those
cotmties in which general indices of deeds and mortgages have not been made
and preserved, according to the act passed April 18, 1826, shall provide proper
books for making such general indices, and shall form indices therein in such
manner as to afford correct and easy reference to the several books of record
in their offices respectively. There shall be one book for deeds and another for
mortgages. In each book there shall be made double entries, or two lists of
names in alphabetical order. In one shall be set the names of the grantors or
mortgagors, followed by the names of their grantees or mortgagees ; and in
the other, the names of the grantees or mortgagees, followed by the names of
their grantors or mortgagors, leaving proper blanks between each class of names
for subsequent entries ; and in those counties in which indices were made under
the said act of April 18, 1826, and have been preserved the several clerks shall
65
complete the same by bringing them down to the present time, and in either case,
the said clerks shall keep the said indices complete by adding to the lists, as deeds
and mortgages shall be sent in to be recorded. * * *"
Neither the Law of 182G or that of 1843 make the index a part of the record,
The indices provided for by Chapter 199 of the Laws of 1843 clearly form no
part of the record but are intended in the language used " to afford correct and
easy reference " to the books of record, and the record is thus recognized as
existing independently of the indices. It is clear that the only purpose which was
intended to be served by the indices was as a guide to the records for the con-
\enience of searchers.
In the case of ^Mutual Life x's. Drake (8T N. Y., 25T), Justice Earl referring
to the index states : " There is nothing in the history of legislation on the sub-
ject of the registration of deeds and mortgages, from the earliest time in England
and in this State which tends in the least degree, to show that it has ever been
supposed that indexing was any essential or necessary part of registration."
" Whatever forms part of a perfect record as prescribed in the act is
essential ; that is. the conveyance must be recorded in the proper book, in the
|iroper order and with substantial accuracy. If the record be defective in any
thing essential, it will not serve the purpose of giving constructive notice to sub-
secjuent bona fide grantees or encumbrances."
Cites — 4 Kent's Com. 174 " An index or aljahabct of a mortgage is no part
of a mortgage and a mortgage is dulv registered if no index is made of it."
Also
1 Milliard on Mortgages, 721 (4th Ed.), "The index is no part of the rec-
ord and a mistake does not invalidate the notice afforded by a record otherwise
properly made : although the mortgage be omitted from the index it is just as
much an incumbrance upon the land, and notice of it from the time it was left
for record or transcribed, affects all subsequent purchasers."
Further adds :
" It may be that the index, both for convenience and safety, should be made
a part of the record, but until it is so made by the legislature, we can but pro-
nounce the law as it is."
There has been no amendment to these laws relating to conveyances and
mortgages, with the exception of the Reindexing or Block Index Act, Chapter
.■165 of the Laws of 1894.
Section 13 of which provides: "The entries made in said indexes" (i. e.
Block Indexes) " shall, for the purpose of notice, be denied and taken to be
a part of the record of the instruments to which such entries respectively refer,
and shall be notice to such subsequent purchasers or encumbrances to the same
extent and with like effect as the recording of such instruments * * * now is
or may be notice."
^luch more could be said on the subject of the index forming no part of the
record (prior to the Reindexing Act) and of a paper being notice although not
indexed, but this matter will be left with just one suggestion to the members of
the bar, and that is, prior to the Reindexing Act in order that one might make
an absolutely perfect search, it would be necessary to examine, page bv page,
every liber ami read every instrument recorded during the period covered by the
search being made. In other words, in making a search from 1800 to 1894,
it would be necessary to examine upwards of 480,000 deeds.
REINDEXING.
The only indexes to the records relating to real estate, recorded in the
County Clerk's and Register's offices, prior to January 1, 1895, were, what are
called lexicographical or name indexes, and, in order to find what deeds, mort-
gages or other papers relating to a specified piece of real estate had been made,
G6
it was necessary to run through a long series of indexes which contained the
names of all persons in the County of Kings who had at any time made any con-
veyance or other instrument relating to any piece of land in the County. As
there were about two million names on the indexes, it can be seen how enormous
was the labor of searching which this system of indexing entailed.
Chapter 365 of the Laws of 1894 (See Appendix D) provided for the in-
dexing of all instruments, filed in the offices of the Register or County Clerk,
relating to real estate, on and after January 1, 1895, upon the Block System, that
is. indites were required to be made having at the top of a page one of the blocks
within the County of Kings. On that page or the succeeding pages, wnich be-
longed with it, were to be indexed all instruments affecting land in that particular
block, without regard to what letter of the alphabet commenced the name of the
person making the instrument. So that, in ascertaining what instruments had
been made with regard to a specified parcel of land included within that block,
it would only be necessary to examine the instrtmients which related to that block,
and wliich would be included on a page or two, instead of on hundreds of pages
on the name indices, with thousands, and perhaps, hundreds of thousands of
entries which had no relation to the land in question. The Act of 1894 also pro-
vided tliat the County Clerk and Register should reindex all the old records on
the P'lock System.
Chapter o"2G of the Laws of 1897. after providing for the appointment by
the Commissioners of Records of two superintendents, further provided " and
from and after the first day of January, Eighteen hundred and ninety-eight,
said superintendents, under the direction of the Commissioners of Records, shall
carry on, continue and complete the reindexing of conveyances, mortgages and
other instruments relating to lands and liens thereon in the County of Kings in
the manner now provided by law to be done by the register and county clerk of
said county. * * *"
By Chapter 591 of the I^aws of 1899, which provide for the appointment
of a single headed Commissioner of Records it was enacted " and from and after
his entry into office, the said Commissioner shall carry on, continue and com-
plete the reindexing of conveyances, mortgages and other instruments relating
to lands and liens thereon in the County of Kings, in the manner provided by
law in force at the time of the passage of this act. The said Commissioner of
Records assuming the duties with respect to said reindexing in the Register's
office and the County Clerk's office of the County of Kings, now devolved by law
upon the present Commissioners of Records and their superintendents."
Chapter 171 of the Laws of 1904, tmder which law this office is at present
engaged on the reindexing, provided " From and after his entry into office, the
said commissioner of records shall carry on, continue and complete in permanent
form, the reindexing of conveyances, mortgages and other instruments relating
to lands and liens thereon in the County of Kings, in block indexes, in the man-
ner provided by law in force at the time of the passage of this act, the said
commissioner of records assuming the duties with respect to said reindexing in
the Register's and County Clerk's offices of the county of Kings, and now de-
volved by law upon the present commissioner of records. It shall be the further
duty of said commissioner of records to reindex in separate block indexes all
mortgages satisfied prior to January first, eighteen hundred and ninety-five, and
upon the block indexes now completed or in process of completion by the present
commissioner of records, all mortgages unsatisfied of record or satisfied subse-
• juent to January first, eighteen hundred and ninet3^-five, or he may consolidate
and include all mortgages recorded prior to January first, eighteen hundred and
ninetv-five, whether satisfied or unsatisfied, in the permanent block indexes, as
he mav deem most advisable. When put in permanent form and before deposit-
ing the said block indexes of mortgages in said register's office, the commissioner
67
shall note upon the margin of said block indexes of mortgages, following the
index of each mortgage, respectively, all satisfactions filed prior to January first,
nineteen himdred and four, and shall cause all satisfactions thereafter filed to be
so noted upon the margin of such indexes from time to time as the same are filed.
The said commissioner of records shall reindex in the block system of indexes
of notices of pendency of actions, in the office of the county clerk of the county
of Kings, the name or names of all defendants requested to be indexed in said
notices, respectively, at the time of filing thereof, in addition to that of the first
named defendant under which said notices are now only indexed, and shall con-
tinue the same to and until January first, nineteen hundred and five. Upon the
completion of reindexing of records in the county clerk's and register's offices,
upon the block system, as herein provided, the commissioner of records shall put
his reindexing plant in proper and permanent form for its care and preservation
for public use in his office, and is hereby authorized to arrange and bind in book,
portfolio, or other permanent form, all the abstracts of conveyances, mortgages
and other instruments relating to lands and liens thereon, which have been made
in connection with, or for the purpose of the reindexing on the block system, and
also maps, working plans and commissioner sheets, upon which are delineated
lands in the county of Kings, which have been prepared and used in the office
of the commissioner of records, in connection with, or for the purpose of rein-
dexing on the block system; and may make such copies of said abstracts, maps,
working plans and commissioner sheets as he shall deem necessary for public
use; and the same, and the originals thereof, shall be deemed to be the public
records, and shall, after the completion of the said reindexing on the block sys-
tem, be public records, and shall be opeu to the use of the public in his office,
and under such rules and regulations as the commissioner shall prescribe. The
said commissioner of records is also authorized to reindex all conveyances, mort-
gages and other instruments relating to lands and liens thereon, which have been
recorded in the various offices of the town clerks of the former towns of Kings
County, respectively, hereinbefore referred to, or which have been filed therein,
or which have been filed but not recorded, in the offices of the register and cotmty
clerk of the county of Kings, such instruments to be indexed in a separate volume
entitled ' Block index of unrecorded instruments ' but nothing herein contained
shall be construed as creating either actual or constructive notice of the con-
tents of the said instruments, or either of them, where the same does not now
exist by law."
The usual course of procedure in reindexing the old records is as follows:
There is made by the Abstracting Division, an abstract, or, in other words,
a short digest of each instrument recorded or filed in the office of the Register,
and of all records in the office of the County Clerk, which relate to real estate.
The abstract consists of the name of the party who makes the instrument, called
the grantor or mortgagor, as the case may be, and the party or parties to whom
the instrument is made, called the grantee or mortgagee, the date of the instru-
ment, the date, liber and page of the record and a diagram, if possible, if not,
a written description of the property.
In the meanwhile maps have been prepared which are called Commissioners'
Maps or Sheets. On each sheet is laid down a section of the City, showing a
certain number of blocks under the Land Map. These Commissioners' Sheets
are more fully described on page So.
The abstracts are then sent to the Locating Division where they are arranged
according to locality, so that one man may have in his hands for locating all the
abstracts which relate to the property shown upon one of the Commissioners'
Sheets. The locator then takes an abstract and. with the Commissioners' Sheet
before him, he ascertains upon what block or blocks the particular property shown
on that abstract must be located and marks at the top of the abstract the proper
68
block. If he finds that the property extends over into another Commissioners'
Sheet, the abstract is so marked, and a reference shp pinned to it, and it is passed
on to such person as may have the adjoining sheet. This method also applies
where an abstract describes two or more parcels of land on different sheets.
All abstracts which described property according to fami lines were sent
to the First or Map Division where they were located and plotted on the Farm
Plan Sheets described on page 84.
Any abstracts which are difficult, or perhaps impossible to locate from the
Commissioners' Sheets, by reason of indistinct, doubtful, or defective descrip-
tions, which occur especially in the earlier records are sent to the Fourth or
Searching Division, where searches are made of other old instruments and other
records relating to the property, and by comparison and diagrams made up from
the instruments in question, and perhaps from twenty to thirty or more instru-
ments, relating to the same farm of which the abstract represents a part, or per-
haps adjoining farms also, the actual location of the property mentioned on the
abstract is ascertained, and in that way the proper block number placed at the
top of the abstract. Such a difficult abstract often takes one, two or three weeks
to locate.
"When the abstracts in a certain section have all been located, they are again
re-distributed, according to the blocks which are marked at the top so that all
instruments relating to one block may be together. The abstracts are then taken
to the Indexing Department or Ei.ftb ^Division, where the final work is done
of entering on sheets all instrumejits.j delating tQ each block of land; when com-
pleted these sheets are bound up in temporar\'^_ indexes.
Upon the completion of the reindexing.jn this fonn, all instruments relating
to any property upon a certaift'fblpcfe' will>'b*e Jbund upon a few pages of the
Block Index, so that a chain of. ilie titl^'oTproperty will be obtained in a few
minutes or a few hours, at the outside, instead of taking days, weeks, or even
months as under the old system.
There were abstracted in all 1,373,868 records in the office of the Register
made up as follows :
Conveyances 559,318
Mortgages 484,051
Cancellation of Mortgages 230,499
Total 1,373,868
The foregoing is a very brief outline of the method of procedure in reindex-
ing. An endeavor will be made to show some of the many details of this work.
PATENT AND FARM MAP SKETCHES.
The Dutch settlements on the western end of Long Island began mostly as
individual enterprises. The settlers took up such tracts of land as best suited
them and commenced their cultivation. These lands were either selected from
those of which the title had already been secured by the West India Company
from the native Indian proprietors, or were purchased directly from the Indians
themselves. In either case, their occupation was duly sanctioned by a patent or
ground brief from the Governor of the Colony acting for the West India Com-
pany, and confirmatory patents were usually granted after a change in the Gov-
ernor of the Colony. Many confirmatory patents were issued after the acquisi-
tion of the Colony by the English Government.
The dates of the original patents mostly range from 1640 to 1664 and they
are the basis for the title to most of the land in Kings County.
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These original patents are nt necessity the starting point in the re-indexing
of records relating to real estate and in order that such of these patents as are
recorded and the early conveyances might be properly located on the block sys-
tem, it became necessary to prepare a map showing all these early papers.
This map was known as the Patent Map, an illustration of a small section
of which appears on page 70. In order that this map might be prepared a
thorough knowledge of the history of the County and State and of the early
Indian deeds, and patents had to be acquired.
Employees of this office have made a study of all available published his-
torical works, including local and family histories.
Few persons can appreciate the amount of study the preparation of a map
of this kind required ; work of this character calling for a special knowledge
which no available person possessed and it was only by the most diligent searcli
and close application that the work has finally been accomplished. Scarcity of
records was probably the greatest handicap in the preparation of the work. Of
the great number of patents which were issued to the different civil divisions
and individuals for lands in this county, only four are of record in the county
records. It is not surprising that these early papers were not recorded in the
county records when it is recalled that the county had no existence as a civil
division until Xovember 1, lii83. Page 73 illustrates one of these patents.
Another of the difficulties of this work was the fact that the system of
measurements in use under the Dutch Government did not conform to the
English measurements now in use. While almost every province in Holland had
a different system for the measuring of land, the following table shows those most
commonly used in the province of New Netherland :
1 Dutch foot = 11.355 English inches
1.3 Dutch tft^et := 1 Dutch Rod -. 12 ft. 3.62 English inches
6ao Dutch sq. pods =^ 1 Morgan ^= 2.084 English acres
1 Dutch mile — 2j9i2 English miles
1 '.'Vmsterda'm foott ^ 11. 14 English inches
13 " feet = 1 rod = 12.0683 English feet
600 " sq. rods = 1 Morgan = 2.0061 Englis^h acres
1 Rhinciland foot nr 12.4 English inches
A few of the historical works consulted are shown in the following list."
American Genealogies — Holgate.
A Description of New York — Daniel Denton, 1670.
Battle of Long Island— T. W. Field.
Colonial History of New York — Documents relating to, 14 Vols.
Calendar of English and Dutch Manuscripts.
Danker's and Sluyter's Visit to New York, 1679-1G80.
Early Settlers of Kings County — Bergen.
History of Bergen Family — Bergen.
History of Brooklyn — Furman.
History of Brooklyn — Ostrander.
History of Brooklyn — Stiles.
History of Flatbush — Strong.
Hfstory of Flatbush — Vanderbilt.
History of Harlem — Riker.
History of Huguenot Emigration — Baird.
History of Indian \\^ars — Hubbard.
History of Johnson Homstead — Johnson.
History of Kings County — Stiles.
History of Lefferts Family.
Flistory of Long Island — Farmer.
History of Long Island — Onderdonk.
History of Long Island — Prime.
History of Long Island — Thompson.
History of Long Island — Wood.
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History of New Xetherland— O'Callaghan, 2 Vols.
History of New York — O'Callaghan, 4 Vols.
History of Newtown— Riker.
History of Queens County.
History of Remsen Family.
Indian Names on Long Island — Tooker.
Indian and Dutch Names — Benson.
Laws of New York — Greenleaf.
Loyalists — Sabine.
jMoody, Deborah — Gerard.
New Amsterdam Records.
New York and New Netherland — Brodhead.
Recollections of Brooklyn and New York.
The inaccuracies of these historical works was a source of many vexatious
errors and delays, some of these inaccuracies or differences are noted below:
\'ol. 14, page 65 of Colonial Documents reads '' 150 Rods " ; Stiles' History
of Brooklyn reads " 115 Rods."
Vol. 14, page 61 of Colonial Documents, contains the following:
•• The S. E. 50 Rds. S. of the hill, S. W. by \V. and W. S. W. 80 rds." While
Liber 1 of Conveyances, page 246, which is supposed to be a copy of the same
paper, does not contain this sentence.
Vol. 14, page 60 of Colonial Documents reads " 96 Rds." ; while Stiles' His-
tory reads " 69 Rds."
\'ol. 14, page 45 of Colonial Documents f.e^;ds -"54 Rds."; while a certified
copy obtained from Albany reads " twenty-four/r'Dds." Again in the same instru-
ment one reads " 74 Rds." while the ^ other "?ead's " Seventy Rods."
The patent to Abraham Rycken is located by Thompson at Gowanus ; by
Riker, at the Wallabout; and by Stiles, oii-t-lte Brooklyn and Newtown Turnpike,
while. this office eventually located this grant on the-old-Bushwick Road.
Many more such instances could be cited, btfE'it is believed that the fore-
going are sufficient to show the care and study necessary in this work.
In addition to the study of the different historical works it was necessary
to examine many of the records in neighboring counties. Perhaps one of the
greatest aids in the preparation of this work were wills.
Prior to 1787, all wills relating to Kings County, were, with a few exceptions,
recorded in New York County, those having been probated prior to 1754 in the
Prerogative Court and subsequent to said year in the Court of Probate.
Uncertainty as to the exact location of the boundary lines of the different
civil divisions was another of the difficulties encountered. In several instances
the lines of townships overlapped. The most noted instance of this kind was
the dispute between the towns of Newtown, Bushwick, Flatbush and Brooklyn.
Without going into a lengthy explanation of this case, the claim of the town
of Newtown to all the south part of the town of Bushwick and practically all
that part of the town of Brooklyn east of Reid avenue, necessitated the exami-
nation of all the records of the town of Newtown and of the early records of
Queens County.
As a matter of fact many of the conveyances affecting the southern part of
the town of Bushwick are of record in Queens County. It might also be men-
tioned here as a matter of information, that many conveyances of the land along
the west side of Spring Creek are recorded in the town records of Newtown and
in the Queens County records.
GENEALOGICAL WORK.
During the progress of the work on the original patents and early farm
titles, it became necessary to make a systematic study of the descendants of the
76
original settlers. By a study of this kind many apparent breaks in the early
titles have been filled. As an illustration, Jacobus Emans in the year 1728 was
the owner of a large tract of land in the town of New Utrecht. In the year
1763 this land was sold by Jacques Denyse and Jacoba, his wife, and there is
nothing in the county or town records showing how Jacobus Emans disposed of
this land.
A study of the history of the Emans family discloses the fact that Jacobus
Emans died in the year 1735, leaving him surviving one child, Jacoba, his only
heir at law, and that this Jacoba afterward married Jacques Densye.
Manv other instances of this character could be cited but it is believed that
the foregoing is sufficient.
The difficulties with which the student of the family history of the early
settlers of Kings County have to contend were legion. Hon. Henry C. Murphy,
While U. S. Minister at The Hague, wrote an article descriptive of Dutch
nomenclature, etc., extracts from which illustrate some of these difficulties:
" Returning now to the consideration of names, in order to show what dif-
ficulties the peculiar systems adopted in this country (Holland), and continued
by the settlers in our own home throw in the way of tracing genealogies, it is to be
observed that the first of these, * * * was the patronymic, as it is called by
which a child took, besides his own baptismal name, that of his father, with the
addition of zoon or sen. meaning s.on.^^ „..,,
"To illustrate this: If a child 's\;ere',ljaptized Hendrick and the baptismal
name of his father were Jan, the chilct^,:WOuid he called Hendrick Jansen. His
son, if baptized Tunis, would becalTe'd Tunis Hendricksen ; the son of the latter
might be William, and would have the name of William Tunissen, * * *
and so on, through the whole calendar; bfchfisti_Sf.fiaiiies; or as more frequently
happened, there would be repetition.J'd^tKe ..^ecp.iwi^-thixd or fourth generations, of
the name of the first, and thus, as their names were common to the whole people,
there were in every community dififerent lineages of identically the same name.
* * * In writing the termination ' sen ' it was frequently contracted into
se or z or s. Thus the name of W'illiam Barrentsen, * * * is given Barentsen,
Barentse, Barentz or Barents, sometimes in one way, sometimes another, mdifter-
ently. *' * * The inconvenience of this practice, the confusion to which it
gave rise, and the difficulty of tracing families, led ultimately to its abandon-
ment both in Holland and in our own country." * * *
" Another mode of nomenclature, intended to obviate the difficulty of an
identity of names for the time being, but which rendered the confusion worse
confounded * * * was to add to the patronymic the occupation or other
personal characteristic of the individual. Thus Laurens Jansen, * * * the
printer had affixed to his name that of Coster, that is to say, sexton, an office
of which he was in possession of the emoluments, but the same addition was not
transmitted to the son; and thus the son of Hendrick Jansen Coster might be
called Tunis Hendricksen Brouwer (brewer) * * *. Upon the abandon-
ment of the old system of names, this practice went with it ; but it often happened
that, while one brother took the father's patronymic as a family name, another
took that of his occupation or personal designation.
" A third practice, evidently designed, like that refered to, to obviate the
confusion of the first, was to append the name of the place where the person
resided, not often of a large city, but of a particular, limited locality, and fre-
quently' of a particular farm or natural object * * * as for instance Van
Wyck,' Van Buren and many others too numerous to mention. Sometimes the
Van has been dropped, as in the name of Boerum * * * of Covert * * *,
and others."
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UNRECORDED DEEDS.
The fact that only a small percentage of the ancient deeds have been re-
corded either in the town or county records still further handica])pcd the work
on ancient titles. Special eii'ort has been made by this department to obtain
either the orij,nnal or copies of as many of these unrecorded papers as possible.
There are now in possession of this office three volumes of unrecorded deeds
amounting to over one thousand pages.
The (lifferent title companies and many individuals have materially aided
this ofifice in the collection of unrecorded papers. It is to be regretted that sorne
more systematic efifort has not been made to collect the great mass of unrecorded
papers that are in the hands of the descendants of the early settlers of this county.
As the years roll by these papers are being scattered and in time they will un-
doubtedly fall into the hands of persons who failing to appreciate their value
will allow them to be destroyed. It is believed that some efTort should be made
to rescue from oblivion records of such vital importance to titles to real estate.
While these papers are in no sense official records this office has everv
facility for the care and preservation of papers of this character, and would
suggest that those having original unrecorded papers relating to real estate de-
posit them in this office where they would undoubtedly be of inestimable value
to searchers and historians, as well as to this office.
On page 78 is a fac-simile of one of these unrecorded deeds which has been
deposited in this office for preservation.
OLD STYLE AND NEW STYLE OF DATING.
Searching through the old deeds, county, town, church and other records,
and in reading early history we frequently notice in connection with the dates
the abbreviations " O. S." and " N. S.," or the expression " Stilo Novo." George
Washington was born, according to record, Februarv 11, 1732, O. S., correspond-
ing to February 23. 1732, N. S.
A year is the time required for the earth to revolve around the sun, viz. :
365 days, 5 hours, 48 minutes and 49.7 seconds; and for convenience it was nec-
essary, by adding the fractions, to make an extra day every four years. Hence
February has 29 days every fourth year.
About the year 45 B. C, Julius Caesar, established the Julian or present style
of making a year to consist of 3G5 days, and of adding one day every fourth year
to make up the loss in the three preceding years. The addition of a whole day
every four years is, however, too much by 11 minutes and a fraction.
The Council of Nice, in 325 A. D., established the beginning of the year on
the 31st day of March. Hence the names of September, October, November and
December, which, counting March as the first month, are the seventh, eighth,
ninth and tenth months respectively, and we often find the names of these months
written 7*'', 8'"', 9*"", and TO'"', the number in these cases being used in the place of
the Latin words Septem. Octo, Novem and Decern.
Pope Gregory found in 15S2 that a gain of about ten days had l)een made
in the period of 1257 years, and that the vernal equinox then fell on the 11th of
March. To correct the time therefrom he decreed that the 5th of October in
that year should be reckoned as the 15th; and to avoid the future overplus of
18 hours, 37 minutes and 10 seconds in a century, that every centurial year not
divisible by 400 should not be " leap year." This required that the extra day
be dropped three times in every 400 years. Catholic countries, generally, adopted
the so-called " Gregorian Style," but Protestants declined, on account of ex-
isting prejudices, to receive from the Pope even such a marked improvement.
A bill to correct the calendar was introduced in the English Parliament in
1585, but failed to pass, and therefore the P>ritish people continued to endure
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the inconvenience of the " old style " rather than suhiiiit to " Popish Dictation."
In 175"i, liowever, the British Parliament enacted that after the 2d day of Sej)-
tember, 1752, the ne>rt day following should be reckoned as the 14th, and that
three of the four centurial years should not be leap years, thus practically adopt-
ing the Cjregorian style. The year ITOO was leap year imder the Julian style but
was an exception under the Gregorian style, and by the Act of 1"52 it was made
to conform thereto.
In applying " old style " to " new style " dates prior to September 2, 1752,
it will therefore be seen that 10 days should be added to the dates on or before
February 29, 1700, and 11 days to dates on or subsequent to March 1, 1700, and
prior to September 2, 1752.
The Act of 1752 also established January 1 as the beginning of the year in
all cases in and after 1752.
(Historical Bulletin, Volume 7, page 45.)
Still another manner of dating records, which causes more or less difficulty
to those wdio are not familiar with English history was- that of giving the year
of the reigning Monarch instead of the year A. D. ; for instance, few would rec-
ognize '■ in the second year of the reign of our Sovereign Lord George the Third "
as the year " 17G2/3." Instances of dating in this maqner are numerous prior
to the Revolutionary War.
For the convenience of those examining the ancient records the following
schedule is given :
iMonavch
Accession.
Charles II May 29, 1660
Jam«s II Fob. 6, 11685
Interregnum Dec. 1, 168Si to Feb. 13. il6S9.
William III. 1
and I- Feb. 13, 1689
iMary II. J
Anne March 8, 1703
George I .\ugust 1, 1714
George II Tune 10, 1727
Gearge III "Oct. 25, 1760
iReign Ended.
(Died Feb. 6, 1685
Deposed Dec. 1, 1688
{ Died March 8, 1702
I Died 1694
Died August 1, 1714
Died June 10, 1727
Died Oct. 25, 1760
Died Jan. 29, 1820
COMMISSIONERS' SHEETS.
In order to carrj^ out the provisions of the reindexing laws, it became
necessary to accurately determine the location of each parcel of land described
in the early records, upon the present map of the city, with its elaborate system
of streets. The vague method employed by the early settlers in their land trans-
actions, the meagreness of descriptions and the lack, of accuracy in the surveys,
together with the fact that the farm lines continually changed, lines once ex-
isting having long since been obliterated by the merging of adjoining farms in
one owner, and many other unforseen obstacles made the undertaking a difficult
one.
Under the direction of the First or Map Division two series of plans, called
Commissioners' Sheets, were constructed, each series covering the entire county.
These plans show the present system of streets, with the w'idth of the streets and
dimensions of the blocks, etc. Upon one series were located all maps affecting
land in Kings County filed in the various offices, such as property maps, street
opening maps, assessment maps, also all other surveys and maps not of record,
obtained from reliable private sources. This series of maps were known as
Filed Map Plans, an illustration of one of these plans appears on page 82.
Upon the other series, with the map lines as a Ijasis, were plotted all de-
scriptions from the early conveyances and mortgages. These plots were grad-
84
ually fitted together, like an immense puzzle, eventuall}' forming a complete farm
map, showing not onl_v the present or most recent lines but all farm lines as have
ever existed from the earliest settlement. Not only are all farm lines shown but
also references are given to the libers and pages in which the instruments are
recorded, together with the dates and names of the parties; and wherever pos-
sible the exact extent of each conveyance has been indicated by a suitable sys-
tem of coloring. In this manner chains of titles of conveyances have been shown
upon these plans down to the time the farms were cut up into lots. An illustra-
tion of one of these plans, which were known as Farm Plans, appears on page
85.
_ In early times, before the present system of streets had been adopted, owners
of farms or tracts of land who desired to cut their property up into building lots
would lay out a system of streets and lots to suit their own convenience and file
maps of their land. Many farms were cut up in this manner until in order to
avoid the hopeless confusion to which this would ultimately lead, a uniform sys-
tem of streets was adopted. Many of the lots on these maps were sold, and, in
some cases streets were opened on the ground and buildings were erected. Many
other streets were never opened but only existed on paper.
In order to show the relative position of these old streets with the present
uniform system, it became necessary to construct another series of plans, called
Working Plans, upon which were laid down all old maps showing a system of
streets different from the present system, indicating the old streets and lot lines
in red, thus enabling all conveyances of lots on these maps to be easily located
on the block system.
In some cases the changes in streets have been so numerous as to make it im-
possible to put all the information on one working plan, and therefore, it has been
necessary to construct from one to four additional plans in order that the infor-
mation might be legible and intelligible. Page 87 shows a small section of a
working plan.
In all about 650 preliminary Commissioners' Sheets have been constructed;
97 Working Plans have been made on which are laid down 374 filed maps.
The Commissioners' Sheets are nearly all of uniform size, 24 by 36 inches,
and made to a scale of 100 feet to 1 inch. The working plans are drawn to the
same scale but vary in size according to the size of the old maps shown t'nereon.
The total area of these plans, if placed side by side, would equal about four
thousand five hundred (4,500) square feet.
Upon these Commissioners' Sheets have been laid down about 3,400 filed
maps from the Register's and County Clerk's offices and from other reliable
sources. Upon the Farm Plans have been shown nearly forty thousand references
to deeds and mortgages.
These plans have been drawn with the utmost care. Special endeavor has
been made to show on these sheets in compact form all information relating to
streets, maps, water lines, bulkhead and pier lines, as well as farm titles, and in
fact any information which could be of aid in any way to searchers, lawyers, sur-
veyors, or the public at large.
Aljstracts have been made of all laws of the State of New York from the
Colonial period to date which in any way affect lands and streets in Kings County.
In this connection there has also "been examined all the minutes of the Boards
of Aldermen and Supervisors.
In connection with this work a card index of streets has been prepared show-
ing street openings, change of lines, change of names, etc. This is being extended
from time to time as additional information is obtained.
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SHOWING PART OF
FIRST DIVISION of NEW UTRECHT WOODLANDS
LAID DOWN UPON
THE PRESENT SYSTEM of STREETS
SURVEYED AND ALLOTXED ITI9
PART OF THE COMMON LANDS OF THE TOWN OF NEW UTRECHT.
91
COMMON LANDS.
One of the questions which confronted this Deparhnent under the reindexing
act was that of Common Lands. There were in each of the former towns of
Kings County extensive tracts of land which had been acquired on behalf of the
towns either by purchase from the native Indian proprietors or other individuals
or by grants from the different Colonial Governors.
These lands were known as commons and consisted of pasturage for their
cattle, woodlands and meadows, and were used in early times by all of the free-
holders of the town as common lands. At later periods these common lands were
laid out in parcels by the freeholders and were allotted to, and became the prop-
erty ofi individuals, and were appurtenant to their homesteads.
In our ancient (and in fact in some modern) deeds one may read the follow-
ing:
" together with all houses * * * meadows, waters and other immuni-
ties, libertvs, priviledges and appurtenances thereunto belonging" (L. 2, Cons.,
P- 2)- ' . . ..
" with the Priviledg oft" the undivided land and Premises m the Common
Woods" (L. 3, Cons., p. 1).
"Together with the proporcoii of meadows thereunto belonging" (L. 2.,
Cons., p. 11).
" with all the priviledges & appurtenances both of uplands & meadow & com-
monage that is thereunto belonging" (L. 2, Cons., p. 27).
■' and all previledges and every part and parcel thereof * * * thereunto
belonging and appertaining" (L. 2, Cons., p. 39).
" as also all the rights and priviledge that the said Gerrett now has and of
right enjoyed in the Common Woodlands " (L. 3, Cons., p. 51).
" together with all * * * profitts, rights and privileges in the Common
Woodlands of the town of Broockland * * * to the said piece or parcel
of land belonging or in any wise appertaining" (L. 3, Cons., p. 79).
In all of the foregoing deeds it was undoubtedly the intention of the grantor
to convey his rights or a part of his rights in the Common Lands of the town,
and it became necessary to ascertain just what land was held by each' town as
Common Land, when it was acquired, and how and when it was disposed of.
An illustration of one of these original allotments appears on page 90.
OLD ROADS.
A careful study of the old roads in the county has been made not only for
the purpose of determining their correct location upon the present system of
streets, but also to settle the question as to their origin, i. e., whether under the
Dutch or English form of government. This latter question at the present time
is one of much importance. By the law of England the fee in the soil of a high-
way is in the adjoining owner ; the public have an easement only. In the case
of highways laid out prior to the evacuation of the Colony of New Netherland
by the Dutch on September 6, 1664, a different conditions arises. It is generally
conceded that the fee to the land occupied by roads laid out and used by the
Dutch during their sovereignty here was vested in the Dutch Government and
unless released is now owned by the successors of the Dutch Government.
There are many sides to the question of old roads but this is believed to be
a general outline of the subject. Eighty-eight old roads have been investigated
and carefully located, diagrams of each having been made, showing the blocks
affected, and all the information obtained from a careful search of the old town
and county records tabulated.
The roads so far investigated affect three thousand one hundred ana ninety-
eight (3,198) blocks on the Land Map and have a total length of one hundred and
seventy-three (173) miles.
92
FRAXCFIISES (RAILROADS).
An examination of the conveyances and mortgages executed at different
times by the railroad companies of their road beds in this county disclosed that,
in addition to conveying or mortgaging, the railroad actually constructed these
papers, also conveyed or mortgaged all franchises or rights which had been
granted to the dift'erent companies.
In order that these papers might be properly located, it was necessary to
compile all possible data as to the different railroads, their organization, charter,
consolidations, sales and franchises ; examining in this connection all reports of
the State Engineer prior to 18Si, the Reports of the Railroad Commissioners
from 18S1 to date, all ]\Iinutes of the Boards of Aldermen and Supervisors, all
Session Laws and the records of the former towns of this county.
During the course of this work there was constructed maps which show the
route of all railroads constructed, all filed maps of railroads, together with all
franchises granted either by the local authorities or by special acts of the Legisla-
ture, and as far as possible there were also shown all contemplated roads.
During the 19th Century, there were chartered or incorporated 2-17 separate
railroads located in Kings County, ^^'hile many of these railroads were never
operated, and in fact Some had no more than an existence on paper, the three
companies now operating in this county (the Brooklyn Rapid Transit, the Long
Island and the Coney Island and Brooklyn Railroad Company) are made up by
the consolidation or leasing of over 137 separate companies.
That the different railroad companies, the Public Service Commission, the
Bureau of Franchises and other departments appreciate the value of this work
is best evidenced by the frequency with which they consult these records.
This work has disclosed a condition in connection with railroad franchises
that should interest every member of the legal fraternity and every dealer in real
estate.
L'nder the present law franchises are not recorded, and there is no way in
which a searcher may ascertain if a railroad has a franchise through the street
in front of the property being searched. In fact the question of franchises never
arises in connection with the transfer of real estate. It would seem, however,
that a person buying property for residential purposes should know whether a
franchise has been granted in front of his contemplated home.
It has been suggested that a law should be passed requiring that all fran-
chises be recorded in the office of the Register, and indexed against all blocks in
front of which the contemplated railroad passes, thus giving notice to all pur-
chasers.
RELEASES OF MORTGAGES.
Section 23 of Chapter 365 of the Laws of 1894, provided that " releases from
mortgages which have been satisfied " should not be indexed on the block system.
On the original distribution of Conveyance Abstracts, there were found
17,961 abstracts of this class. These it became necessary to examine in connec-
tion with original mortgage to determine if the mortgage was properly satisfied.
This examination disclosed the fact that 1G.303 of these papers were releases of
mortgages which had been properly satisfied; while the balance, 1,389, were re-
leases of mortgages which were open of record and they were therefore located
and indexed on the Block Indexes.
LEASES.
Another class of papers which the Law of 1894 provided should not be in-^
dexed on the Block Svstem were " leases which by their terms have expired."
The original distribution disclosed 10,455 leases or assignments of leases which
93
reciuired examination. Disposing of these abstracts required, because of their in-
definite description or designation of the real property, many lengthy searches.
Many of these original leases described the property by street number only, and
as the street numbers were changed from time to time, their location on the
Block System was especially difficult. The final examination of these papers
showed that 6,539 referred to or were leases which by their terms had expired,
the balance, 4,005, were located and indexed.
MISCELLANEOUS CONVEYANCES.
As the caption implies, these abstracts were of a miscellaneous character.
The original distribution disclosed 14,333 papers of this class. Many of these
papers were assignments of judgments of foreclosure and read as follows : " Sell,
assign and set over unto John Doe a certain judgment order of foreclosure and
sale entered on the 9th day of June, 1856, in the Supreme Court of New York,
in the office of the Clerk of the County of Kings, in favor of Richard Doe,
Plaintiff, against John Brown, Defendant, together with the bond and mortgage
under which said judgment and order to sell was obtained." There was no
further description of the mortgage and it became necessary to examine the
judgment roll in the office of the County Clerk in order to ascertain the liber and
page of the mortgage referred to. Prior to 1844. these judgment rolls were
filed in the office of the Clerk of the County of New York.
The matter of assignments of judgments was only one of many such ques-
tions as arose in connection with the reindexing.
Take, for instance, such assignments as read " All my estate and interest,
right, title, property, claim and demand * * * which was devised and be-
queathed to me by the Last Will and Testament of Sarah Brown, deceased."
Assignments of Tax Sales were another troublesome class of papers. In
one Liber of Conveyances there were found 87 of these assignments following
each other which read " sell and assign the within or foregoing declaration of
sale." There is no declaration of sale either preceding or following these papers.
They are all made by the same grantor to the same grantee.
The following is another example of indefinite papers : Koert DeBevoise
conveys to David Herring (186 C. P., 132) Oct. 19, 1848, " one acre of the farm
in Bushwick. The said land is not yet in my possession but the same being de-
vised to me by will of my grandfather to be mine after my mother's death; there-
fore it is only an expectant estate hereby conveyed — said Herring may select said
acre himself." Here was a case of a man conveying something he did not own.
Search disclosed the fact that the grandfather of Koert DeBevoise by will gives
all his estate to his daughter Maria, the wife of Gabriel DeBevoise in fee (she
was the mother of Koert).
Koert DeBevoise, the party of the first part, in this conveyance, died some-
time prior to 1855, at which time he was seized of no property which in any way
came from his grandfather, his mother, Maria, being alive at the time of his
death.
General .'\ssignments were still another class of abstracts that required a
great deal of searching before they were finally properly located. In many of
these papers the only description reads as follows : " All my real estate situated
in the State of New York or elsewhere."
The following is a list of some of the different miscellaneous papers recorded
in the conveyance" libers : Assignments and Releases of Judgments, Assignments
and Releases" of Mortgages, Assignments and Releases of Liens, Agreements and
Assignments of Agreements, Contracts and Assignments of Contracts, Powers of
Attorney, Assignments for the Benefit of Creditors, Appointments of Assignees,
Trustees and Receivers, Declarations. Wills, Releases of Legacies. Affidavits,
Releases of Dower, Tax Sales, and many other of similar character.
94
In all these cases the papers are undoubtedl)' links or important features in
the Chains of Title and the greatest care had to be exercised in order that they
might be properly located on the Block System.
Account of Miscellaneous Abstracts.
Total number of abstracts to be examined 14,415
Disposed of by search 11,416
Balance 3,999
Volume*
Aibstracts.
Blocks.
INames.
oif Index.
428,J-86
737,818'
1,646.413*
441
ir2,684
21,913
55,876
61
32,911
51,904
128,259
37
12,695
30,827
82,644
26
6,947
32,016
89,W2
29
3,797
54,549
154,914
45
9,375
143,420
1,072,447
415,360*
506,795
2,572,458
639
179,720
1.177,104
3,455, 665
6,028,113
206
586,5 1'S
2,249,551
845
The balance of 2,999 is of so general and indefinite a character that it was
found impossible to locate them for indexing on the Block System, therefore
a special alphabetical index has been prepared and these papers have been in-
dexed under the vowel system. This index is in two volumes, one for the gran-
tors in which there are 4,108 entries, the other for grantees with 3,669 entries.
The following schedule shows the number of abstracts which have been in-
dexed in the Temporary Block Index, together with the number of blocks on
which they were entered.
Indexing Schedule.
Town.
' Brooklyn
New tjtrecht
New Lots
Conveyances -J Flatbush
I Gravesend
] Flatlands
[ Miscellaneous
Mortgages
Total
* K-gtimated.
^lORTGAGES.
Section 23 of Chapter 365 of the Laws of 1894 required the Register to index
in the Block Indexes " All conveyances, mortgages and other instruments which
were recorded or filed in the office of said Register, prior to the first day of
January, Eighteen hundred and ninety-five, except executory contracts for the
sale of land, mortgages satisfied of record, satisfaction of mortgages, releases
from mortgages, idiich have been satisfied, and leases which by their terms, have
expired."
This section of the law which excepted " mortgages satisfied of record " from
being Block Indexed necessitated that this class of papers be handled in a some-
what difl:'erent manner than were the conveyances. When mortgages were orig-
inally abstracted if the record had been marked canceled by the Register, no ab-
stract was taken of the property so mortgaged, but the abstract was marked
" Discharged " and the date and liber and page of the cancellation were noted.
The Locating Department in separating mortgage abstracts first divided them
in seven classes.
1. All mortgages discharged of record upon which there were no assign-
ments or other marginal references.
2. All open mortgages upon which there were no assignments or other mar-
ginal references.
3. All open mortgages upon which there were assignments.
4. Discharged mortgages upon which assignments were noted.
95
5. Statutory foreclosures.
6. ^'lisccUaneous.
7. Assignments.
The assignments and different papers relating to the mortgages could not
be located without reference to the original abstract of the mortgage, it therefore
became necessary that all papers relating to the mortgage should be carried back
and attached thereto.
It was also necessary to have all pajicrs relating to a canceled mortgage at-
tached to the abstract in order to determine if the original mortgage was properly
canceled.
These assignments, assign from 1 to 150 different mortgages all of which
had to be examined ; many of these assignments give no reference to the mort-
gage assigned, except as to its date. In cases of this kind it was necessary to
make a search to ascertain the liber and page of the mortgage to which they re-
ferred. The original mortgage abstract with the papers aUached became known
as a chain of title and before being located were given a critical examination in
order that any missing links or errors might be detected and where the chain
of title was not complete by reason of an assignment being missing, or for any
other reason, it was necessary to make a search to ascertain if such assignment
or other paper had been recorded. After this examination was completed these
chains of title were distributed according to locality and then followed the usual
course of locating and indexing.
In the case of the discharged mortgages, after all [japers had been attached
to the original mortgage abstract, forming chains of title, these papers were ex-
amined to determine whether the chain of title was complete and, after examina-
tion of the Certificate of Cancellations or Satisfaction Pieces, whether the mort-
gage was properly canceled.
Many apparent breaks in these chains of title were caused by assignments
being recorded by mistake in the Conveyance Libers instead of in the Alortgage
Libers.
Before making the examination to determine if the mortgage was properly
canceled it was necessary to abstract all certificates of cancellations. Abstracts
were made of 330,531 papers. This abstracting and examination disclosed that
1,88() of these certificates had never been recorded in their [jroper libers although
duly filed and the mortgage to which they referred properly marked canceled.
Thirty-two of these certificates canceled mortgages which were apparently open
of record. In ten instances, although the certificate was properly filed and re-
corded, the Register failed to mark the original mortgage as being discharged.
In abstracting the certificates of cancellations it was found in many in-
stances that the record was inaccurate and incomplete. In many cases the record
was not a complete copy of the certificate, as filed, but careless and insufficient
extracts of them. This necessitated the comparing of the original certificates
with the record.
In several instances, Certificates of Cancellations were filed to cancel the
mortgages which had never been recorded. When a doubt arose as to the
validity of a Certificate of Cancellation, the mortgage and all accompanying papers
were located and indexed and a marginal reference made to the record of cancel-
lation.
The following schedule shows the dift'erent classes of papers recorded in the
mortgage libers and the disposition made thereof:
Total number of Abstracts of Mortgages 484,051
Mortgages which appeared discharged 24G,049
Abstracts which required examination 338,002
96
Total Number of Mortgage Abstracts, 484,051.
Total.
To ibe
Located.
.Cancelled.
New
Abst's.
191,174
59,525
29,763
54,875
829
34,810
113,075
62
59,525
29,763
199
822
10,198
35,285
191,112
54,628
3
24,170
76,666
iJischarged — iwith references
48
4
442
1,124
Distribution of 1,618 new aibstraots
484,051
135,854
810
346,379
521
1,618
287
Mortgages transferred from Canceled to Locate
484,061
136,664
43,038
179,702
347,100
43,038
287
484,051
304,062
287
In other words there were 179,702 open papers recorded in the mortgage
Hbers which it became necessary to locate. These papers aflfected about 1,177,104
blocks and in the indexing thereof 3,455,655 names were entered.
In the year 1901, the then Commissioner of Records expressed himself as
follows: "That all mortgages should be indexed, whether discharged or still
alive, for the reason that it is no part of the duty of the Commissioner of Rec-
ords to pass upon the legalit)- of discharges, if in proper form, and that there is
no guarantee by the government, or any one else, that the discharges are legal
or genuine. Hence, under the present system, it should be left to the decision
of the examiner of title as to whether a mortgage is, in fact, legally discharged
or not, and the omission of discharged mortgages from the Block Indices will
require, by every careful examiner of title, a search of the lexicographical index
of discharged mortgages, in addition to the examination of the Block Indices,
doing away very largely with the usefulness of the Block Index. It is, however,
the duty of the Commissioner of Records to index on the Block System the undis-
charged mortgages as that is the express direction of the statute, and, unless the
law is amended, it is only the undischarged mortgages that can be put on the
Block Index."
Following the foregoing suggestion it was enacted by Chapter 171 of the
Laws of 1004: " It shall be the further duty of said Commissioner of Records
to reindex in separate block indexes all mortgages satisfied prior to January first,
eighteen hundred and ninety-five, and upon the block indexes now completed or
in process of completion by the present Commissioner of Records, all mortgages
unsatisfied of record or satisfied subsequent to January first, eighteen hundred
and ninety-five, or he may consolidate and include all mortgages recorded prior
to January first, eighteen hundred and ninety-five, whether satisfied or unsatis-
fied, in the permanent block indexes, as he may deem most advisable. When
put' in permanent form and before depositing the said block indexes of mortgages
in said register's office the Commissioner shall note upon the margin of said block
indexes of mortgages, following the index of each mortgage, respectively, all sat-
isfactions filed prior to January first, nineteen hundred and four, and shall cause
all satisfactions thereafter filed to be so noted upon the margin of such indexes
from time to time as the same are filed."
This amendment makes it necessary to re-abstract the 304,062 abstracts shown
as canceled in the foregoing schedule. Of these, there have been re-abstracted
to January 1, 1910, 75.842, contained in 495 libers, leaving a balance of 228,220
abstracts, contained in 2,100 libers to be re-abstracted, located and indexed.
97
COUNTY CLERK.
The method of reindexing in the office of the County Clerk differed from
that employed in the office of the Register.
It was provided by Chapter 365 of the Laws of ISOi, Section 24 : " The
Clerk of the County of Kings shall cause to be prepared, suitable books for the
reindexing therein of all statutory notices of liens and claims upon land which
shall have been filed or recorded in the office of the said County Clerk for such
period prior to the passage of this act, as said County Clerk shall determine, and
said County Clerk shall thereupon cause all such liens to be reindexed in such
books accordingly. The said County Clerk shall, when possible, reindex said
instrumuents and liens in this section mentioned upon the plan of block indexing
herein provided for, and under the respective sections and blocks on the said
land * in which the land lies affected by such liens and instrimients.
The index books by this section directed to be prepared, shall be suitably endorsed
and designated as Block Indexes of Reindexed Liens, the endorsements specify-
ing the kind of Liens reindexed in each index book.
" Sec. 25. Notices of Lis Pendens shall be reindexed only against the
name of the first plaintiff' and the name of the first defendant mentioned in the
notice, and in case of an action for the foreclosure of a mortgage, it shall appear
by an index of such mortgage, or on the margin of f thereof, that such
mortgage has been satisfied and discharged of record, or such action has been
discontinued without judgment, then in such case the notice of the pendency of
such action, which may have been filed, shall not be reindexed, under the pro-
visions of this act, and no lien shall be reindexed which appears to have been
satisfied and discharged by an entry to that effect on the margin of the present
index, or of the record of the instrument, or by other record evidence brought
to the notice of said County Clerk or Register. In cases in which mortgages
have been foreclosed, and decrees of foreclosure have been entered, said Register
may, in his discretion, enter on the margin of the record of the mortgage fore-
closed the fact of such foreclosure and the date of the decree.
"Sec. 26. If, in the opinion of such Register or County Clerk, it shall, in
particular cases, be impracticable by reason of the uncertainty of descriptions
or otherwise, or it shall appear to either of them, for any reason, not advisable
to index or reindex some of the instruments and notices of liens by the act directed
to be reindexed upon the plan hereinbefore mentioned with reference thereto, said
Register or County Clerk may, in his discretion, in such cases, as to such instru-
ments and notices^ adopt and carry out another plan of indexing or reindexmg
which he shall think best, in order to simplify reference to such instruments and
notices and their use as public records."
Notices of Pendency of Actions.
On the -Slst of December, 1804, there were in the office of the County Clerk
•152 volumes of Notices of Pendency of Actions which were to be reindexed. In
these 152 volumes there had been recorded 55,T76 separate actions each of which
were abstracted as were the conveyances and mortgages. The abstract made in
this case, however, contained the date on which the paper was filed, the liber and
page of the record, the nature of the action, the court in which the action was
commenced, the names of the plaintiff, the name of the first defendant, and a
description of the property. .These abstracts were later compared with the orig-
inal Notices of Pendency of Actions which comparison disclosed so many errors
and omissions that, in order that the Block Indexes might be as nearly accurate
* So in orisinal (the word -map omitted),
t So in original.
98
as possible, new abstracts were made from the original notices. These abstracts
were later located and indexed in temporary block indexes.
Sheriffs' Certificates of Sale.
There were 1,954 of these papers filed prior to December 31, 1894, which
have been abstracted, located and indexed in temporary block indexes. In aD-
stracting, record was made of the filing date, the liber and page of the record,
the party to whom sold, the name of the plaintiffs and defendants, a record of any
redemption, assignment or cancellation, together with a description of the prop-
erty sold.
B'ORECLOSURES BY ADVERTISEMENT.
The abstracts of this class of papers contained the filing date, the liber and
page, the mortgagors, the mortgagees, the liber and page of the original mortgage,
the liber and page of any assignment of the mortgage, a description of the prop-
erty afl^ected, a record of the liber and page of the sale, and a record of any re-
demption. There were 641 of these papers which have been temporarily block
indexed on 2,037 blocks.
Chapter 171 of the Laws of 1904 materially changed the manner of indexing
Notices of Pendency of Actions, as is shown by the following extract from said
law : " From and after his entry into office, the said Commissioner of Records
shall carry on, continue and complete in permanent iorm. the reindexing of con-
veyances, mortgages and other instruments relating to lands and liens thereon
in the County of Kings, in block indexes, in the manner provided by law in force
at the time of the passage of this act, the said Commissioner of Records assum-
ing the duties with respect to said reindexing in the Register's and County Clerk's
offices of the County of Kings, and now devolved by law upon the present Com-
missioner of Records. * * * 'phg g^id Commissioner of Records shall re-
index in the block system of indexing of notices of pendency of actions, in the
office of the County Clerk of the County of Kings, the name or names of all
defendants requested to be indexed in said notices respectively, at the time of
filing thereof, in addition to that of the first named defendant under which said
notices are now only indexed, and shall continue the same to and until January
first, nineteen hundred and five."
Since the passage of this act, the employees of this office have been engaged
in abstracting on information sheets the names of the additional defendants as
required by this act. In addition to the 55,776 abstracts made of actions filed
prior to January 1, 1895, it is estimated that under this law about 45.000 addi-
tional abstracts will be necessary to carry the records to January 1, 1905. In
connection with this work, information sheets are made which, in addition to
giving the information as hereinbefore set forth, give the names of the addi-
tional defendants as required by the Laws of 1904, together with a record of
the liber and page of the actions as indexed in the Clerk's Minutes, the year
and file number of action, a record of the liber and page of the mortgage and
conveyance, the date of the Judgment, filing date of Referee's Report, filing
date of Referee's or Sheriff's Report of sale, and record of a discontinuance or
cancellation.
In order to determine if a notice of pendency of action was canceled, it was
necessarv to examine all the papers in the dift'erent actions ; 38,148 orders can-
cellino- these notices have been examined.
99
The condition of this work is as follows:
Notices of Pendency of Actions prior to 1895 55,77()
Notices of Pendency of Actions, 1895 to 1905 -15,000
Total 100,776
Information sheets made to date 92,156
Balance to make 8,620
In addition to this there are the records of the minor liens such as Home-
stead Exemptions, jMortgages to Loan Commissioners, etc.
The foregoing is but a brief outline of the work in connection with the
records of the County Clerk's Office.
All of the temporary block indexes mentioned in this report (which are sub-
ject to correction) are in use by the public.
PERMANENT PLANT.
Chapter 171 of the Laws of 1901, provides * * * " Upon the comple-
tion of the reindexing of records in the county clerk's and register's offices, upon
the block system, as herein provided, the commissioner of records shall put his
reindexing plant in proper and permanent form for its care and preservation for
public use in his office, and is hereby authorized to arrange and bind in l)ook,
portfolio, or other pennanent form, all the abstracts of conveyances, mortgages
and other instruments relating to lands and liens thereon, which have been made
in connection with, or for the purpose of the reindexing on the block system,
and also maps, working plans and commissioners' sheets, upon which are delin-
eated lands in the coimty of Kings, which have been prepared and used in the
office of the commissioner of records, in connection with, or for the purpose of
reindexing on the block system : and may make such copies of said abstracts,
maps, working plans and commissioners' sheets as he shall deem necessary for
public use ; and the same, and the originals thereof, shall be deemed to be the
public records, and shall, after the completion of the said reindexing on the block
system, be public records, and shall be open to the use of the public in his
office and under such rules and regulations as the commissioner shall prescribe."
* * *
There have been prepared 85 permanent commissioners' sheets, a descrip-
tion of which is contained on page 83, all locations on which have been reviewed
and to which have been added such additional information as has been received
by thi« office up to the present time.
Preliminary to permanent indexing and the preparation of the permanent
plant a great deal of review work has been done. Sketch plans have been com-
pleted covering most of the first tw^enty-five wards of the old City of Brooklyn;
chains of title have been worked out for each farm, woodlot and meadow and
subdivision thereof. These chains of title include references to many wills and
unrecorded deeds. Endeavor has been made to show, wherever possible, the
original source of title, tracing it down to the present time.
The work on the permanent plant, it will be appreciated, is yet in its infancy.
\Mien this work is completed, however, the County of Kings will have the most
complete system of records relating to real estate of any county in the State,
if not in the world. It will then be possible for any person of ordinary intelli-
gence, with the assistance of the Commissioner of Records' permanent plant, to
search the title of a parcel of land in a very few bours.
542974
100
NEW LAND AIAP.
Section 2 of Chapter 365 of the Laws of 1894, provided " the Register of the
County of Kings is hereby authorizecl and directed to prepare a map of said
county, on which shall be shown and delineated all the streets, avenues, roads,
boulevards, parkways and water-fronts of said county, and also all blocks or
parcels of land bounded by said streets, avenues, roads, boulevards, parkways
and water-fronts * * *"
Section 15 of said act provided " whenever, after the making of said Land
JNIap, any new or additional blocks of land shall be formed * * * by the
opening or closing of any street, avenue, road, boulevard or parkway, or other-
wise, it shall be the duty of the said Register * * * to cause new maps of
such new or additional blocks to be made, and such new or additional blocks to
be numbered * * * and to- certify such new maps and file them * * *
and on and after the first day of January next succeeding the making and filing
of any such new maps * * * ^ g^id maps, so filed as aforesaid, shall con-
stitute a part of the Land Map of said county * * *_ The numbers and
boundaries of blocks and sections shall not be changed except as in this section
provided."
The register as required by Section 2 caused the original Land Map to be
prepared. W'hile this work was faulty in many instances, oftimes omitting
streets and avenues which should have iDcen shown and in other cases showing
streets and avenues for which there was no authority, the fact must be borne in
mind that the Register had less than six months in which to prepare this map,
and in this short time there could be little or no investigation as to the authority
for the different streets, avenues, etc. The basis for this original Land Map was
the Town Survey in the county towns and the Commissioners' Map in the old
city of Brooklyn.
The following schedule shows the changes made in the original Land Map
prior to January 1, 1910.
dSTumlber of Numlber of
Year. Nrumber of Blocks New Ulocks
Changes. Changed. Created.
] 895
1896
1897
1901
1902 •
1906
1907
1908
59 475 441
I
Chapter 34-± of the Laws of 1909 amended Section 15 of Chapter 365 of
the Laws of 1894 to read as follows :
" Sec. 15. Whenever, after the making of said Land Map, any new or addi-
tional blocks of land shall be formed * * * by the opening or closing of any
street, avenue, road, boulevard or parkway, or otherwise, it shall be the duty of
the said Register of the County of Kings to cause new maps of such new or ad-
ditional blocks to be made, and such new or additional blocks to
be numbered on said map, with block numbers following in consec-
utive order the highest block number on the maps or block indexes imme-
diately previous thereto or by some other proper designation and to certify such
new maps and file them * * * on and after the first da}' of January next
succeeding the making and filing of any such new maps, * * * said maps,
so filed as aforesaid, shall constitute a part of the Land Map of said County,
* * * 'pbe numbers and boundaries of blocks and sections shall not be changed
except as in this section provided. *Duriiig flic year Nineteen hundred and ten
* Remainder of section new.
1
1
7
2
75
11
6
56
37
1
24
25
1
12
1
9 7
153
143
12
99
144
14
55
73
101
and duviiuj each tenth year thoroafter, it shall be the duty of the Register of
the County of Kings to cause to be made a new Land Map of the County of
Kings, which said map shall be tiled in the Utifice of the Register of said County
and shall take effect on the first day of January of the year next succeeding the
year in which it is prepared. Said map shall be a copy of the Land ]Map of the
County of Kings then on file, including all additions to and changes in said Land
Map, which have been previously filed, together with the additions or changes
intended to be filed on the date of the filing of said new map, and shall thereafter
be known as the Land Map of the County of Kings and shall become a public
record ; and every provision of this Chapter so far as the same may be applicable
thereto shall apply to said new map with the same force and eft'ect as though
said map were prepared under the provisions of Section 3 hereof. The Land
Map previously in use shall remain on file for the purpose of reference. It shall
be the duty of the Commissioner of Records of the County of Kings, to cause to
be prepared and delivered to said Register such drazving or drawings as said
Register may require, for the purpose of carrying into effect the provisions of
this section."
It was deemed advisable in the preparation of this new Land Map to inves-
tigate all streets, avenues, roads, etc., shown on the old Land J\Iap so that the
errors of that map might not appear on the new one. This work will recjuire
the services of from seven to eight men for about one year. All streets, avenues,
roads, etc., will be investigated as to their origin, or any change in their lines or
names. Every map of record in the County of Kings has been examined, also
many of those on file in the County of Queens in order that the location of cer-
tain "lines might be detennined. There has also been utilized many pitblic maps
that are not of record, notably those of the United States Coast Survey, the
Finance and Dock Departments, Bureau of Highways and the Topographical
Bureau.
In the investigating of bulkhead, coast and shore lines, especially in Graves-
end and Jamaica Bavs, it was found that the old Land Map dift'ered materially
from existing conditions. As an illustration of the changes made by this in-
vestigation, the line of Spring Creek, which is the dividing line between Kings
and Queens County, was actually found to be at least five hundred (500) feet
to the" east of its location on the old map.
While the actual work of copying the old Land Map requires but little tmie,
the investigation of the different streets is another matter and consumes a great
deal of time.
The act of 1900 provides that the Register cause a new Land Map to be
made. The same act provides that it shall be the duty of the Commissioner of
Records to prepare such drawings as may be required. In other words, the office
of the Commissioner of Records does all the actual work in connection with this
new map and the Register certifies the result.
The magnitude of the work upon which this office is engaged is only, to a
slight degree, set forth in the foregoing memoranda.
The necessity for accurate records affecting title to real property is beyond
question. .
A description of the mass of detail involved and of the precautions taken to
insure the accuracy of said records would entail an explanation that, while inter-
esting, would be too voluminous for present purposes.
The invaluable assistance rendered the public, through the medium of our
Temporary Block Indexes, proves, beyond doubt, the usefulness of this system
representing alone in the reindexing of conveyances, approximately, 2,5.^,000
entries, and in the reindexing of mortgages the total entries will exceed this
number. r ^
The importance of the work of arrangement, care and preservation of records
cannot be too strongly emphasized.
102
APPENDIX " A."
COMMISSIONERS OF RECORDS OF KINGS COUNTY.
Under Chapter 190, Laws of 1856, from 1856 to June 1, 1896.
Henry A. Moore — Resigned.
John P. Rolfe— Died January 18, 1895.
Jared Sparks, Died October 22, 1868.
John A. Lett— Resigned May 3, 1865.
Tunis G. Bergen — Appointed I\Iay 3, 1865 ; died 1881.
Abraham Lott — Appointed February 2, 1869 ; died 1889.
Chas. W. Church — Appointed May 5, 1881 ; resigned July 1, 1895.
M. E. Finnegan — Appointed January 24, 1889.
John M. Rider.
Henry N. Meeker— Appointed July 29, 1895.
Under Chapter 755, Laws of 1896, from June 1, 1896, to May 25, 1899.
Henrv N. Meeker.
John'M. Rider.
Henry S. Rasquin.
Under Chapter 591, Laws of 1899, from May 35, 1899, to May 25, 1904.
George E. Waldo.
Under Chapter 171, Laws of 1901, from May 25, 1901, to Date.
John K. Neal— Appointed May 25, 1904; died June 2, 1908.
Lewis M. Swasey — Appointed August 1, 1908.
APPENDIX " B."
Catalogue of Books and Maps in the Office of the Register of the County
of Kings Under the Supervision of the Commissioner of Records.
Conveyances — Libers.
From 1684 to December 31, 1894 2,276
From January 1, 1895, to April 30, 1907 915
From May 1, 1907, to January 1, 1910 182
Mortgages —
From 1755 to December 31, 1894 2,595
From January 1, 1895, to April 30, 1907 1,369
From May 1, 1907, to January 1, 1910 372
Indexes of Conveyances —
Grantors from 1684 to December 31, 1894 128
Grantees from 1684 to December 31, 1894 115
Grantors from January 1, 1895 to date 94
Grantees from January 1, 1895, to date 89
Block Indexes of Conveyances, Januarv 1, 1895 to January 1, 1910. . 299
Leaf Block Indexes, January 1, 1895, to January 1, 1910 860
Ticklers, Current 125
Daily Blotters 31
103
Indexes of Mortgages — Libers.
Mortgagors from 1T55 to December 31, 1891 106
Alortgagees from ITSo to December 31, 1891 106
Mortgagors, January 1, 1895, to January 1, 1910 102
Mortgagees, January 1, 1895, to January 1, 1910 92
Block Indexes of Mortgages, January 1, 1895, to January 1, 1910. . 298
Leaf Block Indexes, January 1, 1895, to January 1, 1910 860
Ticklers, Current 125
Daily Blotters 09
Land Title Registration Department 16
Mortgage Tax Department 13
Notary Department 3
Cancellation of Mortgages from 1830 to January 1, 1910 690
Wills from January 1, 1895, to January 1, 1910 3
Contracts from January 1, 1895, to January 1, 1910 7
Powers of Attorney from 1844 to January 1, 1910 17
Certificates of Corporations from 1867 to January 1, 1910 1
General Assignments from January 1, 1895, to January 1, 1910 1
Miscellaneous Papers from January 1, 1895, to January 1, 1910 3
Miscellaneous Index from January 1, 1895, to January 1, 1910 2
Miscellaneous Ticklers (Current) 6
Mortgages to Redeem 1
Conditional Bills of Sale from 1904 to January, 1, 1910 4
Conditional Bills of Sale from 1904 to January, 1, 1910 1
Conditional Bills of Sale from 1904 to January, 1, 1910 3
Chattel Mortgages — New Utrecht, 1850 to 1880 1
Chattel Mortgages, January 18, 1847, to March 29, 1900 (4 volumes
missing) 33
Chattel Mortgages, March 30, 1900, to December 31, 1907 34
Chattel Mortgages, January 1, 1908, to date 40
Chattel j\Iortgages, Street Index (not complete), 1902-1910 9
12,056
Map Department —
Recopied and Remounted Maps (volumes) 19
Land Maps (volumes) 6
School Maps (volumes) 2
Grade Crossing Maps (loose — to be bound — volumes) 2
Town Survey (volumes) 3
Land Maps (in corridor) 2
Indexes to Filed Maps 10
Filed Maps 2,810
Cat.\logue of Books in the Office of the County Clerk of Kings County
Under the Supervision of the Commissioner of Records.
No. of
Title. Volumes.
Notices of Pendency of Suits— 1823 to September 23, 1909 269
Equity Judgments— July 21, 1848, to August 7, 1908 286
Money Judgments— February 8, 1892, to December 23, 1907 39
104
No. of
Title. Volumes.
Special Proceedings, Supreme Court (Orders) — November 1, 1853 to
August 18, 1909 57
Special Proceedings, County Court (Orders) — June 11, 1844, to :\Iarch
8, 1907 20
Clerks' Minutes — September, 1849, to December 31, 1895 52
Clerks' ]\Iinutes — January 1, 1896 to date 103
Clerks' Minutes, Special Procedings — January, 1849, to December 31,
1897 6
Clerks' Record (City Court)— 1849 to December 31, 1895 28
Certificate of Incoi-porations — October 10, 1878. to January 10, 1909. ... 36
General Assignments, June 2, 1860, to May 13, 1907 12
Insolvent Assignments — December 3, 1853, to February 2, 1898 4
Orders Appointing Receivers — April 28, 1862, to date 9
Sheriffs' Certificates of Sale — February 24, 1821, to date 5
Records of Aliscellaneous Papers — April 20, 1850, to Mav 9, 1906 10
Bonds and Undertakings — May IS, 1887, to date ". . 62
Block Indexes of Lis Pendens — 1823 to December 31, 1894 131
Block Indexes of Lis Pendens — January 1, 1895, to date 137
Lexicographical Indexes of Lis Pendens — 1823 to date 103
Block Index — Mechanics' Liens — 1895 to date 137
Alphabetical Index — Mechanics' Liens — 1893 to date 39
Clerks' Record on Lunacy— 1872 to December 27, 1895 1
Money Book — 1897 to date 1
Notice of Foreclosure by Advertisement — June 9, 1857, to date 3
Judgment and Decree Docket — 1830 to December 31, 1884 91
Judgment and Decree Docket — January, 1885, to date 173
judgment Dockets (City Court)— June 1, 1849, to December 31, 1895. . . 8
Eighth Ward Improvements — 1897 1
Court Orders— March 11, 1907, to date 1
Mortgages to Loan Commissioner — 1837 to 1876 1
Title Deeds and Old Records— October 9, 1878, to November 14, 1895. . 1
Libraiy and Cemetery— 1846 to 1881 1
Countv Court ]\Iinutes in Equity— August 18, 1847, to Tulv 28, 1848 1
Supreme Court Minutes in Equity— July 13, 1847, to julv 26. 1867 1
Court and Road Records— 1668 to 1825 2
Miscellaneous Incorporations — February 3, 1903, to date 1
Transfer Tax— April 30, 1892, to date 1
Transfers and Mortgages of Interests in Decedents' Estates — February,
1902, to date 1
City and County Appointments — January 1, 1900, to date 1
Order Perpetuating Testimonv — August 31. 1905, to date 1
County Court Orders— September 15, 1899, to December 31, 1900 1
Homestead Exemptions — April 21, 1851, to November 21, 1893 1
County Canvass — December 5, 1900, to date 1
Clerk's Record, Mutual Life Insurance Co. of N. Y.— 1874 to 1895. . . 1
Minutes of Special Proceedings (County Court) — January 1, 1844, to
Nova-nber 14, 1849 1
Minutes of Special Proceedings (Countv Court) — January 3, 1853,
to March IS, 1855 1
Record Book of County Bonds— March 30, 1854, to April, 1883 1
Minutes of General Term (Supreme Court) — June 35, 1888, to Decem-
ber 31, 1888 1
1(1.-)
No. of
Title. Volumes.
Certificates of Continued U.se of Names of Copartnership — r^Iarch 6
1869. to date 1
Change of Names — November 9, 1S96, to date 6
Adoptions — November 2, 189G, to date . 5
Religious Corporations — September 18, 1785, to November 17, 1894. ... 2
Index — Religious Corporations — September IS, 1785, to November 17,
1894 1
Index — Change of Names — 1896 to date 1
Index — Designation for Service of Papers 1
Iiicicxc's —
Index to Record of Adoptions — 1896 to date 1
Trade :Marks— 1896 to date 1
Clerks' Records on Lunacy — October 27, 1843, to June 19, 1874 1
Liens on ^^essels — 1855 to date 1
Assignments of Contracts — 1903 to date 1
Limited Partnership — 1829 to date 1
Inventory and Sales of Merchandise — 1902 to date 1
Inventories and Bonds of Assignees — 1860 to date 1
Certificates of Business Firms — June, 1900, to date 2
Corporations — July 18, 1850, to date &
Annual Reports of Corporations — 1838 to date 2
Miscellaneous Records — 1850 to date 2
Transfers and Mortgages of Interests in Decedents' Estates — Feb-
ruary, 1902, to date 1
Undertakings (City Court)— January 9, 1860, to January 29, 1896. 1
Street Openings, etc. — September 2, 1839, to date 1
References to Laws Authorizing Openings, etc., of Streets — 1789
to 1903 1
Official Bonds — January 2, 1880, to date 1
Incompetents 1
Money Book— 1897 to date 1
Paper's Held for Fees— 1884 to date 1
Foreclosures by Advertisement — June 9, 1857, to date 1
Insolvent Assignments — January 11, 1811, to February 2, 1898. ... 1
Orders Appointing Receivers — May 1, 1862, to date 1
Collectors' Bonds — November 25, 1833, to date 1
General Assignments — June 2, I860, to date 1
Homestead Exemptions — April 21, 1851, to date 1
Mortgages to Loan Commissioners — 1837 to 1876 1
Sheriffs' Certificates of Sale — February 24, 1821, to date 1
Building and Loan Contracts — September 1, 1897, to date 6
Bonds and Undertakings— 1823 to date 8
Registry of Agents, Managers or Brokers 2
Clerks' 'Minutes— 1849 to December 31, 1895 18
Clerks' Minutes— 1896 to date 46
Clerks' Records (City Court)— 1849 to December 31, 1895 10
Divorce and Separation Proceedings — 1847 to date 4
Clerks' Minutes — Special Proceedings — 1849 to December 31, 189? 3
Declarations of Intentions (Alunicipal and City Court) — 1823 to
1895 ' ; 9
Declarations of Intentions (Various Courts) — 1821 to 1895 9
Declarations of Intentions (City Court)— 1834 to 1896 3
106
No. of
Title. Volumes.
Indexes —
Declarations of Intentions (County Court) — 1857 to 1906 11
Naturalizations (Various Courts) — 1715 to 1891 9
Naturalizations — I'nder Age — 1876 to 1891 2
Naturalizations (City Court) — 1834 to 1896 2
Naturalizations (County Court) — September, 1856, to August, 1907 17
Naturalizations — Cancellations — 1901 to date 1
Final Applications for Citizenship (County Court) — February 26,
1896, to Tanuarv 7. 1905 3
Oaths of Allegience— June 15, 1896, to May 10, 1907 1
Notaries Public— 1879 to date 9
Marriage Records — January 1, 1908, to date 3
Marriage Records — January ], 1908, to date 3
Oaths of Attorneys and Counsellors — 1859 to 1895 3
Oaths — Commissioners of Deeds — 1859 to date 8
Oaths of Election Officers— 1875 to date 1
Oaths of Special Deputy Sheriffs— 1883 to date 2
Oaths of Notaries Public— 1908 to date 10
Certificates of Notaries Public — Other Counties — 1873 to date 3
Notaries of Public Cash Book 1
Physicians' and Surgeons' Affidavits — 1901 to date 4
Register of Physicians and Surgeons — 1880 to date 3
Dentists' Affidavits—! 895 to date 2
Register of Dentists — 1879 to date 2
Veterinary Surgeons' Affidavits — 1895 to date 1
Register of A'eterinary Surgeons — 1895 to date 2
Register of Osteopaths — 1907 to date 1
Optometry — 1909 to date 1
Chiropodists' Affidavits— 1895 to date 1
Register of Chiropodists — 1895 to date 1
Nurses' Affidavits— 1904 to date 2
Register of Nurses — 1 904 to date 3
Register of Exempt Firemen — County Towns — 1897 to date 2
Register of Master Journeymen Horseshoers — 1896 to date 2
Oaths of Office (Appointive)— 1906 to date 1
Veterans' Peddler's License — July 1, 1908 to date 1
County Appointments— 1838 to 1871 1
Peddlers' License Stubs— 1896 to 1908 2
Day Book 1
New Utrecht— Road Records— 1704 to 1870 1
New Utrecht— Town Meetings— 1793 to 1894 2
New Utrecht — Sewer Commissioners — Bath Beach 1
New Utrecht— Town Officers' Oaths— 1877 to 1894 2
Flatlands— Town Meetings— 1783 to 1895 3
Flatlands— School Districts 1, 2— jNIinutes- 1844 to 1895 1
Flatlands — Supervisors' Accounts — 1853 to 1896 1
Flatlands— Oyster Board and License Board Minutes— 1891 to 1894.. 1
Flatlands— Election Inspectors' Reports— 1799 to 1846 1
Flatbush— Town Board Minutes— 1819 to 1882 2
Flatbush— School District 3 Tax Lists— 1875 to 1884 3
Flatbush— Supervisors' Accounts— 1886 to 1894 1
Flatbush— Justices' Court Minutes— 1887 to 1892 1
Willianisburgh \'illage Trustees IMinutes — 1832 to 1837 1
lor
No. of
Title. Volumes.
Gravesend — Town Records — 104G to IGoo 1
Gravesend — Town Board Alinutes — 18T3 to 1894 3
Gravesend— Town Auditors' Alinutes— 1879 to 1894 1
Gravesend — Town Records, Deeds, Leases — 1653 to 1670 1
Gravesend — Street Invoice Book — 1885 to 1886 1
Gravesend— School District 1—1857 to 1894 1
Prospect Park — Extension Maps, A, B, C 3
Prospect Park — Assessment Maps, D, E 2
Prospect Park — Assessments Rolls 3
Prospect Park — Appointments of Commissioners 1
Prospect Park — Relative to Extensions 1
Prospect Park — Report of Commissioners 4
Index to Filed Maps 2
Preliminary General Inventory of Office, 1901 4
Preliminary General Inventory of Cellar, 1903 1
Report, Abstract, Damage and Benefit ]\Iaps (Street Openings) 239
Filed Maps 32
Land Maps 5
Tickler Index — Notices of Pendencv of Suits (Balance in Vault) 14
Original Notices of Pendency of Suits— 1823 to 1909 656
Bound Papers in Suits (Judgment Rolls) 3,525
Records of Convictions— 1867 to 1905 1,470
Minutes — Special Term — Supreme Court — March 17, 1860, to Decem-
ber 31, 1894 40
Minutes— Trial Term— Supreme Court— 1870 to December 17, 1903. . . 18
Alinutes— General Term— Supreme Court— 1848 to July 26, 1895 10
Minutes — Oyer and Terminer — Supreme Court — 1870 to December,
1895 2
7,160
The above records are distributed through the various depart-
ments of the County Clerk's Office, except in the Old Record Room.
The books in the Old Record Room are as follows:
No. of
Title. Volumes.
Declarations of Intentions — County Court .^ 108
Declarations of Intentions — (New Series) — Sup. Court 32
Declarations of Intentions — City Court IG
Declarations of Intentions — Municipal Court 1
Declarations of Intentions — Various Courts 133
Naturalizations — County Court 333
Naturalizations — (Adults) — City Court 65
Naturalizations — (Infants) — City Court 16
Naturalizations — (New Series) — Supreme Court 1
Petitions to Become a Citizen — 1896 1
Stubs — Certificates of Naturalizations - 43
Miscellaneous Records — Judgment Rolls 133
Judgment and Decree Dockets— (I. Series)— 1849 to 1893 138
Judgment and Decree Dockets— (II. Series)— 1830 to 1895 189
Judgment and Decree Dockets — 1885 to 1895 57
Judgment and Decree Dockets— 1891 to 1900 "^ 116
Judgment and Decree Dockets— 1849 to 1854 17
lOS
No. of
Title. Volumes.
Tudgment and Decree Dockets — 1896 to 1907 37
Alechanics' Liens— 1893 to 1900 28
Mechanics' Liens— 1844 to 1894 93
Index to Clerks' Minutes (Oldest Set) 10
Index to Clerks' Minutes 34
Clerks' Minutes (Old) 53
Clerks' Minutes (Paper Covers) 5
Index to Clerks' Minutes — Special Proceedings 4
Clerks' Minutes — Special Proceedings 7
Special Term Minutes — Supreme Court — 1834 to 1909 267
Special Term Minutes— City Court— 1885 to 1895 53
Index to Same 1
Criminal Court Minutes— 1849 to 1855 140
Trial Term Minutes — Supreme Court 597
City Court Minutes— 1869 to 1895 246
Chambers and Term Minutes 19
Clerks' Records of City Court 1
Clerks' Minutes 1
Court of Sessions — ]\Iinutes — (Kings County) 8
County Court Minutes 21
County Court Calendar 1
Over and Terminer Minutes— 1787 to 1870 5
Circuit Court Minutes— 1800 to 1895 25
Index to Circuit Court Minutes— 1872 to 1876 . 1
Minutes— Special Proceedings— City Court— 1870 to 1895 4
Supplementary Proceedings — County Court 1
Minutes — General Term Supreme Court 4
Rough Minutes — Kings County Sessions — 1863 to 1865 4
Rough Minutes — Kings County Sessions — Index 1
Index County Court — Common Rule 3
Index Supreme Court — Common Rule 1
Rough Minutes — Supreme Court — Special Term — 1847 to 1856 5
Rough Minutes — Common Pleas 1
Common Pleas— Minutes— 1800 to 1844 3
Common Pleas — Summons — 1800 1
Rough Minutes— 1841 to 1853 10
Court Minutes— 1848 to 1853 . ._ 1
Supreme Court Minutes in Equitv 3
County Court Minutes in Equity— 1847 to 1848 1
City Court Minutes ^
Supreme Court Minutes — 1856 1
Index — Clerk's Record — City Court 1
Clerks' Record — City Court '^
Index to Foreclosures by Advertisement — 1857 to 1909 10
Index to Annual Reports of Corporations — 1870 to 1893 3
Index to Insolvent Assignments — 1811 to 1894 6
Indexes —
Orders Appointing Receivers— 1862 to 1897 8
General Assignments— 1860 to 1909 o
Religious Corporations— 1785 to 1849 4:
Insolvent Debtors— 1811 to 1831 1
• Sherifl's' Certificates of Sales— 1821 to 1909 »
109
No. of
Title. A'olunies.
Indexes —
Collectors' Bonds— 1823 to 1894 6
Inventories and Bonds of Assignees — 1860 to 1892 2
Mortgages to Loan Commissioners — 1837 to 1846 4
Homestead Exemptions — 1851 to 1893 3
Recognizances to Answer 28
Index — Limited Copartnership — 1892 to 1896 1
Index— Corporations— 1848 to 1897 and 1850 to 1896 3
Data Collected for Judgment Corporations — 1885 to 1895 4
Indexes to Notices of Pendency of Suits — 1823 to 1895 48
Indexes to Notices of Pendency of Suits — 1823 to 1902 115
Notices of Pendency of Actions— 1823 to 1898 318
Notices of Pendency of Actions (Recopied) — 1902 to 1904 17
Records of Certificates of Joint Stock Company 1
Jurors' Records 9
Jury Trial Lists 15
Jurors— City Court— 1856 to 1890 8
Grand Turv Minutes 1
Oaths of Office— 1848 to 1852 2
Receipt Books, County Clerk's Office 18
Receipt Books. District Attorney 5
Money Deposited with County Clerk 4
Money Deposited with County Treasurer 1
Collateral Tax— 1886 to 1893 1
Constitutional Convention — 1894 1
Fees Collected— 1871 to 1891 , 1
Warrants for Collection of Taxes (Sup. Court) 2
Appeals — ^City Court 2
Indexes to Decisions— 1906 to 1908 3
Judgment Books (City Court)— 1855 to 1895 65
Cases on Appeal 4
C>rder Books — City Court 3
Calendars — City Court 4
Index of Calendars and Executions — Cit}- Court 3
Index — County Appointments — 1871 to 1879 1
County Appointments— 1871 to 1879 3
Medical Society— 1874 1
Notary Public Certificates 19
Cash Books— 1864 to 1865 2
Day Book 1
Ledgers 3
Lottery Licenses , 1
Expense Book 1
Stubs of Checks — Atlantic National Bank 1
Stubs of Checks — Mechanics' Bank 1
Stubs of Checks — National City Bank 1
Stubs of Checks — Nassau Bank 1
Time Book — City Court 1
Journals 3
Diaries— 1866, 1893 and 1894 21
Alinutes — Book of Morning Star Council — 1848 1
Register of Muster Roll N. Y. State Volunteers 4
Kings County Bounty Committee Receipts 1
no
• . No. of
Title. A'oliimes.
Fourth Regiment Roster , i
Principals — Receipts for State Bounty ' . . . . 2
Principals — Receipts for State Bounty — Register 2
Bounty Committee 3
Substitute Register ^
Principals Register 2
Census Reports— 1820 to 1892 167
Census Reports — 1905 (Loose in 5 Boxes).
Poll Lists— 1876 to 1887 gg
Index to Poll Lists— 1875, 1884 and 1885 ,3
Election Returns. Copied — 1877 to 1902 ' 240
County Town Ballots— 1890 [[['[ " i
County Town Canvass - i
Party Nominations — 1895 1
*Record of Adoptions 4
*Change of Names 4
*Incorporations 5
Court and Road Records — 1668 to 1825 [ o
Order Book — :\Iay, 1904. to July 16, 1904. ..[ 1
Affidavits and Marriage Licenses— January, 1908, to December 31, 1908 103
4,541
Total number of books in Countv Clerk's Office is 11,701.
Reco-pieKi.
CATALOGUE OF BoOKS IN THE OfFICE OF THE SURROGATE OF THE COUNTY OF
Kings Under the Supervision of the Commissioner of Records.
No. of
Title. Volumes.
Wills— INIay 16, 1787. to November 26, 1909 419
Letters Testamentary — February 23, 1830, to December 23, 1909 113
Letters of Administration — June 4, 1787, to Feb. 28, 1910 162
Letters of Adimnistration— June 19, 1832, to April 13, 1909 11
Letters of Guardianship — May 14, 1814, to December 11, 1909 47
Testamentary Letters of Guardianship — December 15, 1891,' to Decem-
ber 10, 1903 1
Bonds of Administration— July 11, 1827, to March 29, 1910 245
Bonds of Administration — January 21, 1893, to March 7. 1910 40
Bonds of Guardianship — October 8, 1830, to November 5, 1909 114
Bonds of Guardianship — May 31, 1892, to February 14, 1910 26
Miscellaneous Bonds — February 25, 1896, to May 27, 1909 3
Decrees of Final Accountings— May 17, 1831, to September 15, 1908. . 103
Transfers of Mortgages of Interest in Decedents' Estates — June 15,
1904, to January 4, 1910 3
Agreements, Releases and Receipts in Settlement of Estates — Septem-
ber 4, 1906, to January 4, 1910 3
Surrogates' Minutes — January 11, 1830, to August 28, 1908 41
Orders of Publication— May 5, 1851, to March 3, 1910 12
Appointment of Special Guardian of Judicial Settlement — April 1, 1882,
to March 3, 1910. 5
Ill
No. of
Title. Volumes.
Probate of Wills and Ajipointment of Guardians — Xoveniber 30, 1801,
to March 8, 1909 6
Probate of Heirship — Xoveniber 8, 1880 to date 1
Renunciation of Executors — February 18, 18:50, to date 4
Records of Accounts of Guardians — Tune 2G, 1833, to December 30,
1908 ". 8
Rejected Wills— February 28, 1870, to date 4
Real Estate Proceedings— March 22, 1800, to June 4, 1909 9
Collection Bonds— December 11, 1858, to August 18, 18S0 1
Collateral Tax— June 4, 1891, to September 2G, 1893 1
Orders Appointing Appraisers — March (J, 18G1, to June 21, 188i' 2
Orders of Letters of Administration — May 3, 1851, to May 10, 1877. . . 6
Proceeding for the Administration of Dower — January 10. 1834, to May
6, 181 5 " ' 1
Petitions for Minors Over 14 Years — December 6, 1842, to Tanuarv 15,
1851 " ' 1
Petitions for Minors Under 14 Years — January 1, 1843, to January 15,
1851 ! '. ' 1
Proceedings for Probate of \\'ills— May 1. 1851. to November 24, 1891. 16
Orders for Citations of Wills, etc. — May 10. 1851, to September 29,
1879 8
Matter of Final Accountings — l<'ebruary 17, 187G. to February 3, 1883 . 1
Proceedings for Appointment of Guardians — May 2, 1851, to May
24, 18()7 1
Minutes of Final Accountings — xMay 15, 1902, to August 1, 1907 6
Miscellaneous Orders— June 1, 1883, to March 24, 1884 1
Surrogates' ^tinutes of Miscellaneous Proceedings — January 3, 1906
to date 4
Letters Testamentary (Current) 1
Ticklers of Wills ..." 10
^liscellaneous Tickler 1
Miscellaneous Orders — January 1, 1899, to September, 1906 4
Ex-parte Matters (Current) 1
Calendars ^0
Bonds (Current) 4
Tickler of Administration (Current) 1
Tickler of Guardians (Current) 1
Letters of Administration (Current) 1
Testamentary I^etters of Guardianship (Current) 1
Ancillary Letters of Guardianship 1
Letters of Guardianship 1
Special Letters of Administration 1
Surrogates' Minutes of Accounts — August 9, 1907, to date 4
Record of Deoosits with City Chamberlain 1
Stenographers" :\rinutes— February 34, 1880, to January 39. 1910 171
Indexes —
Miscellaneous Proceedings 5
Record of Inventories "3
Transfers of Interest of Mortgages of Decedents' Estates 1
Aereements. Releases and Receipts in Settlement of Estates 1
Testmiony -■■
Proceedings for the Sale of Real Estate 3
112
No. of
.Title. Volumes.
Indexes —
Guardians' Accounts . . . .' '..... 3
Final Accountings 4
Probate of Wills and Letters of Administration 16
Letters and Bonds of Administration 6
Letters and Bonds of Guardianship 5
Orders of Publication 1
Receipts for Original Wills 4
Receipts for Releases _ 1
Receipts for Assignment of Interests 1
Obsolete Indexes —
Letters of Guardianship 3
Records of Inventories 2
Ticklers of Wills 5
Letters of Administration 4
Letters of Administration and Guardianship 2
Tickler Accounts 4
Letters Testamentary 3
Bonds of Guardianship . 2
Guardians' Accounts 1
Probate of Wills 3
Miscellaneous 1
Bonds of Administration , 1
Final Accountings 1
The following books are in the Transfer Tax Department:
Transfer Tax Order for Appraisers 10
Taxable Transfers of Property 11
Decrees Filed and Copies Forwarded to State Comptroller 2
Decree Books — Collateral Tax 6
Indexes — Taxable Transfer of Property "^
Total 1.775
APPENDIX " C."
Schedule of Number of Files in the Office of the Sueeogate of the
County of Kings LTnder the Supervision of the Commissionek
OF Records.
No.
Title of Papers. of Files.
Probate Proceedings 1,803
Final Accountings 1,204
Administrations 341
Original Wills ' 254
Transfer Tax Proceedings 515
Transfer Tax Decrees 28
Transfer Tax Receipts 13
Guardians" Annual Accounts 164
Guardianships 130
Miscellaneous 335
113
No.
Title of Papers. of Files.
Orders to Advertise 55
Real Estate Proceedings 6-3
Inventories 1^
Accountings -lO
Rejected Wills 1!)
Untinished Final Accountings 69
Unfinished Aliscellaneous 19
ITntinished Special Proceedings 27
I'ncalled for Letters of Administration — Property of Individuals 30
\'arioiis Papers in Wooden Files, Current Work Not Yet Classified. ... 54
Total 5,175
Final Accountings and Estates placed in large tin boxes, on account
of the numerous papers filed in the said suits 120 boxes.
Schedule of Number of Files in the Office of the Clerk of Kings County
Under the Supervision of the Commissioner of Records of the
County of Kings.
No.
of Files.
Judgment Rolls and Papers in Suits 10,385
Money Judgments 1,398
Transcripts. Assignments and Satisfactions of Judgments 321
Equity Judgments 28
Mechanics' Eiens 161-
Assignments and Satisfactions of Mechanics' Liens 31
General and Insolvent Assignments 28
Incorporations 8-1
Annual Reports of Corporations 60
Limited Partnership 3
Business Certificates (Assumed Names) 18
Trade Marks 3
Change of Names (Certificate") 16
Defective Satisfactions and Other Papers 8
Sheriffs' Executions and Certificates of Sale, etc 81'
Adoption Certificates 15
Appointments of County and Public Officers 22
Supreme Court Papers, Orders, Pleadings, Decisions 19
County Court Orders, Minutes 5
Appeals, Cases on Appeal, Remittiturs, Undertakings 128
Bonds — Official. Assignees'. Afechanics' fJens. Miscellaneous 13
Miscellaneous Orders— 1851-1894 26
Miscellaneous Papers — Supreme and County Court 26
Railroad Franchises, Consents, etc.. Withdrawal of Consents 75
Insurance Claims, Certificates of Insurance 44
Motion Papers, Consents, Stipulations, Court Minutes, Bills of Cost. ... 91
Affidavits of Merit ..,.". 24
Briefs and Exhibits in Actions 42
114
No.
of Files.
Street Opening Proceedings, Appointments of Opening and Grading
Commissioners 14
Notes of Issue 16
Notices of Trial, Consents and Undertakings 3
Common Pleas Papers and Reports of Clerk 4
Perpetuating Testimony — 1824-1888 1
Criminal Courts — Returns, Appeals. Affidavits and Orders, Bonds.
Sentences and Rough Minutes, Excise Cases, Cases Transferred
from Sessions to Oyer and Terminer 532
Certificates of Execution of Condemned Murderers 1
Inventories and Scliedules 15
Lunacy — Warrants and Physicians' Certificates 11
Circuit Court, City Court and jMiscellaneous Calendars .37
Physicians' Diplomas, Dentists' Certificates, Applications to Practice
as Attorney 5
Bench Warrants, Convictions, Recognizances, Remission of Fines 26
Certioraris 1
Foreclosures of Mortgages by Advertisement 1
^liscellaneous Complaints and Papers in Suits 39
\'erdicts .' 2
Certificates of Nominations, Statements of Canvassers, Election Chal-
lenges and Candidates' Expenses 19
Primary Election Returns and Challenges 49
Appointments of School Commissioners and Reports of School Districts 6
Resolutions of Boards of Supervisors 1
Writs of Inc|uiry 1
Returns of Writs of Errors 1
County Town Elections— 1843-1894 1
Financial Affairs of Flatlands — December 30, 1893 1
Unpaid Taxes, County Towns 3
Petitions of Habeas Corpus Proceedings 2
Narrs 5
County Treasurers' Reports 5
Certificates of Notary Publics and Commissioners of Deeds 96
Lists of Trial and Grand Jurors, Jurors' Notices, Circuit and City Court
Jurors' Excuses 42
Coroners' Inquisitions 289
.Statement of Brooklyn Trust Company — 1889 2
Papers of Clerk of City Court 1
Notices of Pendency of Actions 28
Naturalizations Approved— 1896-1906 104
Naturalizations Dismissed — 1896-1906 17
Naturalizations, Orders Correcting and Canceling — 1906 2
Naturalizations, Returns and Disposed of — 1906 4
Naturalizations, Indictments for Trial — 1906 2
Naturalizations, City Clerk's Records — 1906 1
Declarations of Intentions 1
Law Journals— 1892 I
Total 14,555
11.:
In addition to the above there are in the vault thousands of other papers in
suits, together with printed cases and testimony in book form, which have not
been arranged and placed in files. It is estimated that there are on file in this
office, at the present time, about 5,600,000 papers.
The number of files in this office varies from time to time as the difterent
papers are merged into Judgment Rolls and Papers in Suits.
Schedule of Numbee of Files in the Office of the Register of Kings
County Under the Supervision of Commissioner of Records.
No.
of Files.
Chattel .Mortgages and Bills of Sale 1,S20
Satisfactions of Mortgages 1,330
Court Orders, Street Openings, etc 25
Receipts for Delivery of Papers 387
Mortgage Tax Affidavits and Statements 46
Miscellaneous 32
Consents to Mortgages 15
Deeds 43
Mortgages 17
Leases 8
Wills 1
,724
APPENDIX " D."
CHAPTER 365, LAWS OF 1894. .
An Act to provide for indexing and reindexing conveyances, mortgages and
other instruments relating to lands and liens thereon in the County of Kings.
Became a law April 25th, 1894, with the approval of the Governor. Passed,
three- fifths being present.
The People of the State of A^eiv York, Represented in Semite and rlssenibly. do
F.naet as foUows:
Section 1. Every instrument aft'ecting real estate or chattels real, situate in
the County of Kings, which shall be recorded in the office of the Register of said
County, on and after the first day of Januarj', Eighteen hundred and ninety-five,
shall be recorded and indexed pursuant to the provisions of this Act.
Section 2. L'pon the passage of this Act, the Register of the County of
Kings is hereby authorized and directed to prepare a map of said County, on
which shall be shown and delineated all the streets, avenues, roads, boulevards,
parkways and water-fronts of said County, and also all blocks or pracels of land
bounded by said streets, avenues, roads, boulevards, parkways and water-fronts,
subject, however, to the next following section. The word " block," as used in
this Act, designates a plot or parcel of land such as is commonly so designated,
wholly embraced within the continuous lines of streets and water-fronts taken
together where water forms one of the boundaries of a block, and such other
116
parcels of land or lands under water as may be indicated upon said map by block
numbers as constituting blocks.
Section 3. The said Register of the County of Kings shall also cause said
maps to be subdivided into convenient land sections, for the use to which said map
is to be put, as by this Act provided, and shall cause the division lines of said
several sections to be exhibited on said map, and shall cause said sections to be
numbered on said map from number one, consecutively, upward for as many
sections as shall appear on said map.
Section 4. The said Register of the County of Kings shall also cause the
blocks or parcels of land shown on said map to be numbered thereon, by block
numbers, from number one consecutively upward.
Section 5. For the purpose of notice under this Act, each block shall be
deemed to extend to the middle line of the streets, avenues, roads and boulevards,
then or thereafter laid out on said land map fronting and adjoining such block,
and shall also be deemed to extend to the exterior bulkhead line where water
forms one of the boundaries of a block.
Section 6. The said Register of the County of Kings shall cause five
copies of said map to be made, and shall certify the same under his hand, and shall
file one copy of said map in the office of the Register of the County of Kings,
one in the office of the Clerk of said County, one in the office of the Collector of
Taxes in the City of Brooklyn, one in the Office of the Comptroller of said City,
and one in the Department of Assessment in said City ; and upon said map being
so certified and filed, it shall be and become a public record, and shall be known
and designated as the Land Map of the County of Kings.
Section 7. Such number of any of the aforesaid maps as the Board of
Estimate of the City of Brooklyn and of said County of Kings may direct, not
exceeding ten thousand, shall be printed by said Register of the County of Kings
for sale, at a price fixed by said Board of Estimate, and the proceeds of such sale
shall be paid to the County Treasurer of Kings County, to the credit of the
general fund for the reduction of taxation.
Section 8. The Register of the County of Kings is hereby directed and re-
quired, immediately upon the completion and filing of said map in the office to
cause to be prepared one or more books for each of said sections for the indexing
therein under the proper block numbers and block diagrams of all instruments
now required by law to be recorded in the books of conveyances. The said
Register shall also cause to be prepared one or more books for each of the said
sections for the indexing therein under the proper block numbers and block dia-
grams of all instruments now required by law to be recorded in the books of
mortgages. Said indexes, when completed, shall be deposited in the office of
said Register. They shall be prepared so as to contain the names of the parties
to each instrument, the date of recording the same, and the liber and page of
the record thereof, and shall be substantially the forms of the schedule hereto
annexed, designated, respectively, Schedule A and Schedule B, \v'hich schedules
are to be deemed and taken to be a part of this Act. Said books shall be entitled
Block Indexes of Conveyances and Mortgages, respectively, and shall indicate
the sections and blocks to which they shall respectively relate, and the said books
shall be public records. Whenever there shall be filed with the said Register a
satisfaction of any mortgage which has been indexed as herein provided, the
Register shall forthwith enter upon the index of such mortgage, the date of the
filing of the satisfaction of the same, and the liber and page of the record thereof,
in the form shown for such entrj;. in said Schedule B.
Section 9. It shall be the duty of said Register to provide and keep in
his office, besides said land map and block indexes, books to be entitled the
Daily Index or Tickler of Conveyances and the Daily Index or Tickler of Mort-
in
gages, together with books of record in which shall be recorded at length con-
veyances and' mortgages recorded in his office, each of which shall be endorsed
with its proper liber number, as well as with the number of the section to which
it shall relate, and which shall contain the record of instruments relating to land
in that section.
Section 10. Every instrument presented to said Register for record and
requiring to be indexed under this Act after the date when this Act shall go into
operation in order to entitle the same to be recorded, shall contain in the body
thereof, or shall have endorsed thereon to be recorded therewith, a designation of
the number of every block on the said land map in which the land atTected by the
instruments lies. Every assignment of a mortgage and every agreement respect-
ing a mortgage to entitle the same to be recorded shall contain in the body
thereof, or shall have endorsed thereon to be recorded therewith, a designation
of the number of every block on the said land map in which the land lies which
is affected by the mortgage to which such assignment or agreement relates. And
the record of the instrument shall not be effectual by way of notice to bona fide
purchasers or encumbrances in respect of any land situated in any block not so
designated, except as hereinafter provitled in Section Sixteen of this Act.
Section 11. Whenever any instrument aft'ecting or relating to land in said
city entitled to be recorded and required to be indexed under the provisions of
this Act shall be presented to said Register for record, he shall forthwith endorse
the date, hour and minute of its receipt by him, and enter in the proper index or
tickler the names of every party executing the- said instrument, the date of
the record thereof and the number of every block designated as afore-
said for the indexing of such instrument, and within ninety days thereafter shall
cause the said instrument to be indexed in the proper book or books of block in-
dexes under the block number and diagram of every block so designated.
Section 12. In the certificate of said Register now required to be endorsed
on instruments recorded by him he shall certify, in addition to the other matters
required by law to be stated therein the number of every block on said land map
under which the instrument has been indexed.
Section 13. The entries made in said indexes, in conformity with the re-
quirements of this Act, shall for the purpose of notice, be deemed and taken to
be a part of the record of the instruments to which such entries respectively refer,
and shall be noticed to such subsequent purchasers or encumbrances to the same
extent and with like effect as the recording of such instruments in the office of
said Register now is or may be noticed.
Section 14. Said Register, on and after the first day of January, Eighteen
hundred and ninety-five, shall keep in his office for each section, alphabetical in-
dexes containing lists of the names of all grantors and grantees of land entered
from time to time on the block index of conveyances in such section in his office,
referring after the names of said grantors and grantees to the liber and page
of the record of the several instruments to which they are parties, and to every
block aft'ected by said instruments. .Said Register shall keep in his office similar
alphabetical indexes of mortgagors and mortgagees whose names appear upon
the block indexes of mortgages. Said Register shall prepare the books for such
alphabetical indexes, and in lexicographical or such other form as he may think
proper, but said last named indexes shall not be deemed or held to be a part of
the record of the instruments to which they refer, for the purpose of notice or
otherwise, nor shall be deemed to constitute notice of said instruments or of the
contents thereof. The indexes provided for in this section shall be in lieu of the
general indexes, now required by law. to be kept in the office of said Register.
Rut the indexes now in said office shall be retained so that access may be had
to the same at any time, and the Register shall cause all conveyances and mort-
118
gages now recorded in his office to be lexicographically indexed where not already
■done, in the same manner and form as conveyances and mortgages are now
lexicographically indexed in his office, and the Auditor of said County shall audit
monthly and the Treasurer of said County shall thereupon pay to said Register
his charge for said work at the rate now paid for like work in said office, but
no more.
Section 15. Whenever, after the making of said land map, any new or
additional blocks of land shall be formed in said County by the opening or clos-
ing of any street, avenue, road, boulevard or parkway, or otherwise, it shall be
the duty of the said Register of the County of Kings to cause new maps of such
new or additional blocks to be made, and such new or additional blocks to be
numbered on said map, with block numbers following in consecutive order the
highest block number on the maps or block indexes immediately previous thereto
or by some other proper designation and to certify such new maps and tile them
in the same offices as the previous land maps, on and after the first dav of Jan-
uary next succeeding the making and filing of any such new maps, the indexes
of all blocks theretofore existing, comprising the land in the new blocks so
formed as aforesaid, shall, except for the purpose of completing the indexing be-
longing to the preceding year, be closed and discontinued, and a new index shall
be opened for every such new block in the form herein prescribed, which new
index shall thenceforth be used for all entries relating to land in such block.
The date of closing shall be entered on the map previously in use and at the
end of every index on the block indexes so discontinued with references to the
number of every new block to be used in place thereof, and the date of opening
shall be entered on the new map so made and filed, and at the beginning of every
such index with references to the number of every block before in use for the
land contained in such new block; and on and after the said first day of January,
said maps, so filed as aforesaid, shall constitute a part of the land map of said
county, and become public records, and the recording and indexing of instru-
ments relating to land shown thereon shall be subject to the provisions of this
Act, as to the manner of indexing as hereinbefore provided, and the legal effect
of such recording and indexing. The numbers and boundaries of blocks and
sections shall not be changed except as is in this section provided.
Section 16. In cases where any instrument shall have been recorded with-
out such designation as is required by Section Ten of this Act, or with an
erroneous designation, the said Register shall, on presentation of proper proof
thereof, enter such instrument in the proper index under the proper block num-
ber of every block, the designation of which shall have been erroneously stated
or omitted, and shall, at the same time, make a note of such entry and of the
date thereof in every place in which such instrument may have been erroneously
indexed, opposite the entry thereof, and also upon the record of the instrument
and upon the instrument itself, if the same be in his possession or produced to
him for the purpose, and the record of such instrument shall be constructive
notice as to property in any block not duly designated at the time of such record
only from the time when the same shall be properly indexed.
Section 17. No entry in any book or index in said Register's office shall
be erased so as to be illegible, but in case of any correction the same shall be made
without destroying the original by drawing a line through such original entry,
and in all such cases the date of such correction, attested by the signature of the
Register or his Deputy, shall be entered upon the same page on which such cor-
rection is made, on the margin, opposite such correction.
Section 18. Anv person presenting to said Register an instrument for rec-
ord under this x'\ct shall pay to said Register in addition to the fees now required
by law for recording like instruments, the further sum of twenty-five cents for
119
each additional block beyond one under which such instrument is rec|uired to
be indexed, and the sum of one dollar for each block shall be payable whenever
an instrument already recorded is recjuired to be reindexed under Section Sixteen
of this Act.
Section 19. The provisions of this Act shall not apply to the indexing of the
general assignments, wills, powers of attorney, executory contracts for the sale
or purchase of land or satisfaction of mortgages, except as in the next section
provided ; but such instruments shall be tiled or recorded as now required by law,
and when recorded they shall be indexed in separate alphabetical indexes.
Section 20. The said Board of Estimate is hereby authorized and directed,
from time to time, to determine the amounts of money not herein otherwise pro-
vided for which may be required to carry out the provisions of this Act until the
first day of January, Eighteen hundred and ninety-five, and to appropriate said
moneys therefor, and the County Treasurer of Kings County is authorized to
raise such money, from time to time. Ijy the issue of bonds of said County, as
hereinafter provided.
Section 21. No expenditure shall be made or obligation incurred under any
provision of this Act, unless otherwise herein specifically authorized and pro-
vided for, until an appropriation therefor shall have been made by the said Board
of Estimate, nor in excess of any such appropriation.
Section 22. The Register of the County of Kings, immediately after the
passage of this Act, shall cause to be prepared two separate sets of index books,
to be known, respectively, as the Block Index of Reindexed Mortgages, wlhich
books shall be substantially the same in form as the Block Indexes of Convey-
ances and Mortgages hereinabove provided for. Such books so to be prepared
shall be properly ruled and endorsed, and so as to indicate the section and blocks
on the Land Map of the County of Kings, to which they respectively relate, and
also the periods of time covered by them respectively.
Section 23." Upon tlie completion of the said index books, so directed to
be prepared, the said Register shall cause to * reindexed therein, subject to his
direction, under the sections, blocks and block numbers shown on the Land Map
of said County, and, so far as practicable, on the same general plan as entries
are hereinbefore required to be made in the block indexes in the ofifice of said
Register, all conveyances, mortgages and other instruments which were recorded
or filed in the office of said Register, prior to the first day of January, Eighteen
hundred and ninety-five, except executory,* (contracts) for the sale of land,
mortgages satisfied of record, satisfaction of mortgages, releases from mort-
gages which have been satisfied, and leases, which, by their terms, have expired.
Section 24. The Clerk of the County of Kings shall cause to be prepared,
suitable books for the reindexing therein of all statutory notices of liens and
claims upon land which shall have been filed or recorded in the office of the said
County Clerk for such period prior to the passage of this Act, as said County Clerk
shall determine, and said County Clerk shall thereupon cause all such liens to be
reindexed in such books accordingly. The said County Clerk shall, when pos-
sible, reindex said instruments and liens in this section mentioned upon the
plan of block indexing herein provided for. and under the respective sections,
and blocks on the said land* fmap) in which the land lies affected by such lines
and instruments. The index books, by this section directed to be prepared, shall
be suitably endorsed and designated as Block Indexes of Reindexed Liens, the
endorsements specifying the kind of liens reindexed in each index-book.
Section 25. Notice of lis pendens shall be reindexed only against the name
of the first plaintifif. and the name of the first defendant mentioned in the notice.
' So in original.
130
and in case of an action for the foreclosure of a mortgage, it shall appear by an
index of such mortgage, or on the margin of* thereof, that such mortgage has
been satisfied and discharged of record, or such action has been discontinued
without judgment, then in any such case the notice of the pendency of such
action, which may have been filed, shall not be reindexed, under the provisions of
this Act, and no lien shall be reindexed which appears to have been satisfied
and discharged by an entry to that effect on the margin of the present index,
or of the record of the instrument, or by other record evidence brought to the
notice of said County Clerk or Register. In cases in which mortgages have been
foreclosed, and decrees of foreclosure have been entered, said Register may, in
his discretion, enter on the margin of the record of the mortgage foreclosed the
fact of such foreclosure and the date of the decree.
Section 3(1. If, in the opinion of such Register or County Clerk it shall,
in particular cases, be impracticable by reason of the uncertainty of descriptions
or otherwise, or it shall appear to either of them, for any reason, not advisable
to index or reindex some of the instruments and notice of liens by this Act di-
rected to be reindexed upon the plan hereinbefore mentioned with reference
thereto, said Register or County Clerk may, in his discretion, in such cases, as
to such instruments and notices, adopt and carry out another plan of indexing
or reindexing which he shall think best, in order to simplify reference to such
instruments and notices and their use as public records.
Section 37. Should the said Register or County Clerk think it expedient
so to do, he may cause to be prepared nominal index in lexicographical form of
the parties to the instruments mentioned in this Act, or to any of them, and of
the owners of land against which liens have been filed and of judgment debtors
whose names appear' on record. The particular form of such lexicographical
indexes shall be such as said Register or County Clerk shall determine, and shall
cover such periods and be brought down to such dates as he shall direct in re-
spect to his own office.
Section 38. Upon the completion of the indexing and reindexing directed
by this Act as to any instruments or liens hereinbefore mentioned, and when such
indexes shall be certified by said Register or County Clerk as having been pre-
pared by him under the authority of this Act, the same shall be deposited in the
office of the Register and County Clerk, respectively, or such other place as shall
be provided for them, for public use, and the same shall thereupon be public
records.
Section 29. The said County Clerk is also hereby directed to cause to be
prepared, under his direction, suitable index books for the future indexing
therein upon said block plan of indexing of all statutory notices of liens or
claims on land which may be filed or recorded in his office, on and after the first
day of January, Eighteen hundred and ninety-five. Such index-books shall be
known and designated as the Block Index of Liens, and shall be ruled for enter-
ing therein the names of the lienor and of the owner of the property affected, the
amount claimed to be due as shown by the notice, and the date of the satisfaction
thereof, and said indexes shall be of such other general form as said and each
of said books indexed on the block plan, shall contain entries relating only to the
section of which the number and designation is endorsed in said book, and said
indexes shall be of such other general form as said County Clerk may determine.
In cases in which it is not practicable, in the opinion of said County Clerk, to
index some of the liens in this section mentioned, under said blocks, then the
said County Clerk may prepare such other form of indexes as he shall think
best. All such books shall be endorsed with their proper designation, and so
as to show the liens to be indexed therein, the sections and blocks on the Land
So in original.
Map of the said County tn which they rclato. and the periods uf lime ecivcrcd
hy them, respectively.
Skction r>0. I'V)r the |)nrp(ise of carrying iml all ihe various |)rovisioiis of
ihi.s Act the Register and County Clerk may emj^lov an expert who shall act as
superintcnilent, and such clerks and assistants and other cxjjert persons as mav
in their resjiective judgment he retjuired in their own offices; provided, however,
that all of the expenses, including printing, stationery and material as may he
necessary for the purposes of this Act, and for carrying out all of the provisions
of this Act, shall not in any event exceed the amount or amounts authorized by
the said Board of Estimate or otherwise si)ecifically jirovided for h\- this Act,
or other existing law.
Suction 31. The Board of F.stimate of the City of Brooklyn and CoinUy
of Kings is hereby authorized to include in the final estimate of the moneys to be
raised by taxation in said County for the year Eighteen hundred and ninety-five,
and the succeeding years if required, until said l)lock index or reindexed liens
and compilations are completed, the amounts of money which may be required
by said Register and County Clerk to carry out the provisions of this Act in re-
spect thereto and not otherwise provided and to appropriate said monevs therefor,
and the County Treasurer of said County is authorized and directed to pay, out
of the amounts so re(|uired and a|)]iro]iriatcd, the expenses authorized bv this
Act, upon the requisition of the said Register and County Clerk for the amounts
required by each in his own office, and said County Treasurer is authorized to
laise whatever money may be required not otherwise provided for from time to
time by the issue of county bonds in such amounts in such series and payable
at such times as the County Treasurer may determine bearing interest at a rate
not to exceed four per cent and not to be sold at less than par. provided that
the total amount of such bonds shall not exceed the amount actually appropriated
or required to carry out the jirovisions of this Act.
Section 32. This Act shall be rleemcd and taken to be a public and not a
private Act.
Section 33. All Acts and parts of Acts, so far as the same are inconsistent
with this present Act, are hereby repealed.
Section 34. This act shall take effect immediately.
122
Schedule " A."
Form of Block Index of Conveyances.
Name of Street.
Section I.
Block 110.
Name of Street.
Grantees.
Date of
Recording.
Conveyances.
Grantors.
Liber.
Page.
Remarks.
JohTi Doe
Richard Roe
William Black
James White
William Black
Robert M oore
Francis Hart
Henry Brown
Ira Smith .
Ira Smith
Lewis Green
123
Schedule " B."
Form of Block Index of Mortgages.
■f.^
Name of Street.
Section i.
Block 110.
Name of Street.
Mortgagors.
Mortgagees. .^hen^.
Mortgage.
When
discharged.
Satisfaction.
Liber.
Page.
Liljer.
Page.
Kichard Roe
Tames Dunn
William Block
Amos Wright
Charles Chite
Henry Burke
Ira Smith
i
^^- 124
APPENDIX •• E."
CHAPTER ;r.5, LAW'S OF 180G.
;\n Act for the appointment of Commissioners of Recor<l^ for the County of
Kings, and to fix the term thereof.
Accepted by the City.
Became a law May -0, 189(;. with the approval of the Governor. Passed,
thrce-tifths being present.
Tlic People of the State of Xezt.' York. Represented in Senate and .Isseinbly, do
Enacf as Follozi's:
Sectio.n' ]. The term of office of the present Commissioners of Records in
and for the County of Kings shall expire on the first day of June, Eighteen hun-
dred and ninety-six.
Sec. 2. On or before the first day of June, Eighteen hundred and ninety-
six, the Mayor of the City of Brooklyn, the Register, County Clerk and Surro-
gate of the County of Kings shall appoint three persons, who shall be known
as the Commissioners of Records of the County of Kings, who shall serve with-
out compensation, and who shall hold office for six years from the said first
days of June, Eighteen hundred and ninety-six. Each succeeding six years there-
after and within thirty days prior to the expiration of the term of office of the
said Commissioners, the said Mayor, Register, County Clerk and Surrogate
shall appoint their successors, who shall hold office for a like term. In case
of a vacancy occurring in the office of said Commissioners, or either of them, the
persons above designated shall appoint a Commissioner to fill such vacancy' for
the unexpired portion of said term.
.Sfc. :). It shall be the duty of such Commissioners of Records to examine
into the conditions of the books, records, documents, maps and indices of the
Clerk, Register and Surrogate of said County, and they shall have sole and ex-
clusive power to authorize said Clerk. Register or Surrogate to cause copies of
said books, records, documents, maps and indices to be made and certified for the
public use. and it shall be their duty to cause the same to be made and certified
whenever by reason of age, use, exposure or any casualty the same shall in their
judgment be necessary, and they shall be authorized to do such further acts for
the preservation and convenient examination of the same as the public interests
may recjuire. Any of the officers hereinbefore mentioned making such transcripts
or copies, pursuant to an order of the said Commissioners of Records, shall be
paid such sum therefor as may be just, but such payment shall not be made unless
the work has been first ordered to be done by the said Commissioners, and after
the same shall have been completed, until the work shall be examined by them
and approved as to its manner and form of execution, and such payment shall
not exceed a sum to be certified by said Commissioners.
Six'. 4. Immediately upon the appointment of the said Commissioners, as
provided in Section Tw^o of this Act, the said Commissioners shall appoint a
•Superintendent for said Register's Office, and a Superintendent for said County
Clerk's (3ffice. The duty of .said Superintendents shall be to superintend all work
ordered to be done in their respective offices by the said Commissioners and to*
The compensation for such services to each of said Superintendents shall be fixed
by the said Commissioners, but shall not exceed that now paid to the Superintend-
ent in the Kings Count}' Register's Office, and each of said Superintendents shall
serve for a period of six years : provided, however, that either of said Superin-
tendents may be removed by the said Commissioners upon charges preferred, and
* The ifollow-ine words were omitted from tlie ]>rinted law; " liave general supervision over aJl records
and papers in said offices."
125
after an opportunity to be heard, notice of such charges and of the time and
place when the same will be investigated having been given to such Superintend-
ent, such removal to become effective only upon the approval and with the con-
sent of a Justice of the Supreme Court of the Second Judicial District.
Skc. 5. It shall be the duty of the Board of Estimate of the City of Brook-
lyn, annually, to make provision for the expenses of said Commissioners, Super-
intendents and the work to be performed under the provisions of this Act.
Skc. 6. All Acts and parts of Acts inconsistent with the provisions of this
Act are hereby repealed.
Skc. 7. This Act shall take effect immediately.
APPENDIX " F."
CHAPTER 52G, LAWS OF 1897,
Ax Acx to amend chapter seven hundred and fifty-five of the laws of eighteen
hundred and ninety-six, entitled " An act for the appointment of commis-
sioners of records for the county of Kings, and to fix the term thereof."
Accepted by the City.
Became a law JNJay 18, 1897, with the approval of the (jovernor. Passed,
three-fifths being present.
The People of the State of Nezv York, Rcfresciitcd in Senate and Assembly, do
Enact as Follozvs:
Section 1. Section two of chapter seven hundred and fifty-five of the
laws of eighteen hundred and ninety-six. is hereby amended so as to read as fol-
lows:
Si'X'. 9. On or Ijefore the first day of June, eighteen hundred and
ninety-six, the mayor of the city of Brooklyn, the register, county clerk and
and surrogate of the county of Kings, shall appoint three persons, who shall
be known as the commissioners of records of the coimty of Kings, who shall
hold oflice for six years from the said first day of June, eighteen hundred
and ninety-six. and each of said commissioners shall, from and after Decem-
ber thirty-first, eighteen hundred and ninety-seven, be paid for his services
a yearly salary of twenty-five hundred dollars in ecjual monthly payments.
Each succeeding six years thereafter, and within thirty days prior to the ex-
piration of the term of office of the said commissioners, the said mayor, reg-
ister, county clerk and surrogate shall appoint their successors, who shall
hold office for a like term. In case of a vacancy occurring in the office of
said commissioners, or either of them, the persons above designated shall
appoint a commissioner to fill such vacancy for the unexpired portion of
said term.
Sec. 2. .Section three of said act is hereby amended so as to read as follows:
Sec. -3. It shall be the duty of such commissioners of records to ex-
amine into the condition of the books, records, documents, maps and indices
of the clerk, register and surrogate of said county, and from and after the
passage of this act they shall have general supervision, care, custody and
control of all maps, books, indexes, papers, records and instruments kept,
filed or recorded or hereafter to be kept, filed or recorded in said office, and
said commissioners shall have exclusive power to make rules for the con-
venient use of the same by the public, and shall have sole and exclusive
power to authorize said clerk, register or surrogate to cause copies of said
books, records, documents, maps and indices to be made and certified for
public use, and it shall be their duty to cause the same to be made and cer-
126
tified whenever by reason of age, use, exposure or any casualty the same
shall, in their judgment, be necessar}-, and they shall be authorized to do
such further acts for the preservation and convenient examination of the
same as the public interests ma}' require. .\ny of the officers hereinbefore
mentioned making such transcripts or copies, pursuant to an order of the
said commissioners of records, shall be paid such sum therefor as ma}'
be just, but such payment shall not be made unless the work has been first
ordered to be done by the said commissioners, and after the same shall have
been completed and examined by them and approved as to its manner and
form of execution, and such payment shall not exced a sum to be certified
by said commissioners.
St;c. '.]. Section four of said act is hereby amended so as to read as follows:
Sec. 4. Immediately ui)on the a])pointment of said commissioners, as
provided in section two of this act, the said commissioners shall appoint a
superintendent for said register's office, and a superintendent for said county
clerk's office. The duty of said superintendents shall be to superintend all
work ordered to be done in their respective offices by the said commissioners,
and shall, under the direction of the commissioners, have general supervision
over all records and papers, maps, books, indexes and instruments kept, filed
or recorded, or hereafter to be kei)t. filed or recorded in said offices. And
from and after the first day of January, eighteen hundred and ninety-eight,
said superintendents, under the direction of the commissioners of records,
sliall carrv on, continue and complete the reindexing of conveyances, mort-
gages and other instruments relating to land and liens thereon in. the county
of Kings in the manner now provided by law to be done by the register and
county clerk of said comity. The su]ierintendent for said register's office,
under the direction of said commissioners assuming the duties with respect
to said reindexing, now devolved l)y law ujjon the register, and the superin-
tendent for the county clerk's office, under the direction of said commission-
ers a.ssumino- the duties now devolved by law upon the county clerk. And
the board of estimate of the city of Brooklyn is hereby authorized and di-
rected to make provision for such reindexing. in the same manner and to the
same extent as is now provided for by law with reference to such reindex-
ing by said register and county clerk. The compensation for such services
to each of said superintendents shall be fixed b\' the said commissioners, but
shall not exceed that now paid to the superintendent in the Kings county
register's office, and each of said superintendents shall serve for a period
of six years : provided, however, that either of said superintendents may be
removed bv the said commissioners upon charges preferred, and after an
opportunity to be heard, notice of such charges "and of the time and place
when the same will be investigated having been given to such superintendent,
such removal to become effective only upon the approval and with the con-
sent of a justice of the supreme court of the second judicial district.
Sf.o. 4. This act shall take effect immediateb-.
127
APrEXDTX " G."
CHAPTER 5!)1. LAWS OF isni).
An Act lo pro\-iclf for the appointment of a Commissioner of Records for
the County of Kings.
Passed without the acceptance of the City.
Liecame a law May 1.5, 18!i9. with the approval of the (lovernor. I'assed,
three-fifths being present.
The People of the State of Xew ]'ork. Represented in Senate ami .-^Isseinhlv. do
Enaet as Follows:
Si-XTIO-X 1. The term of office of the present Commissioners of Records in
and for the County of Kings and all their appointees and subnrdinates. shall ex-
pire ten days after the jiassage of thi.s Act.
Si-:c. ■2. Within ten days after the passage of this Act the District Attorney
of the County of Kings shall appoint one person, who shall be known as the
Commissioner of Records of the County of Kings, and who shall hold office for
five years from the date of his appointment, and he shall be paid for his services
. the yearly salary of Five thousand dollars in equal monthly payments. At the ex-
piration of the term of office of the said Commissioner the said office of Commis-
sioner of Records for the County of Kings shall cease to exist, unless continued
by Act of the Legislature, and all records, books, maps and other documents shall
be turned over to the care of such County Offi.cers as may properly be etntitled
to have the care and custody of them, or as designated by the said Commissionei
of Records in the absence of specific action by the Legislature. In case of a
vacancy occurring in the office of said Commissioner of Records, the Ditsrict
Attorney of the County of Kings then in office shall fill such vacancy for the
unexpired portion of the term of office of said Commissioner of Record's.
Sec. 3. It shall be the duty of such Commissioner of Records to examine
into the condition of the books, records, documents, maps and indices of the
Clerk, Register and Surrogate of said County of Kings, and the books, maps and
other records of the late Towns of New Lots. Flatbush, Xew I'trecht, Gravesend
and Flatlands, in the County of Kings, now the Twenty-sixth, Twenty-ninth.
Thirtieth, Thirty-first and Thirty-second W'ards of the Borough of Brooklyn, in
the City of Xew York, and from and after his entry into office he shall have gen-
eral supervision, care, custody and control of all maps, books, indices, indexes,
papers, records and instruments kept, filed or recorded or hereafter to be kept,
filed or recorded in said offices, and which are now in the possession of former
officers of said towms or any of them, or of any other person or persons, boards,
or officers, whether said boards or officers be departments or officers of the Citv
of Xew^ York or otherwise; and said Commissioner shall have exclusive power to
make rules for the convenient use of the same by the public, and shall have
sole and exclusive power to authorize said Clerk, Register or .Surrogate to cause
copies of said books, records, documents, maps and indices to be made and
certified for the public use ; and it shall be his duty to do or cause the same to
be done whenever by reason of age, use, exposure or an}- casualty the same
shall in his judgment be necessary; and he shall be authorized to do such further
acts for the preservation and convenient examination of the same as the public
interests may require. .\\\A from and after his entry into office, the said Com-
missioner shall carry on, continue and complete the reindexing of conveyances,
mortgages and other instnmients relating to land and liens thereon in the County
of Kings, in the manner provided by law in force at the time of the passage of
this Act. The said Commissioner of Records assuming the duties with respect
to said reindexing in the Register's Office and the County Clerk's Office of the
County of T-Cings. now devolved ])\' law upon the present Commissioners of Rec-
128
ords and their Superintendents. Any of the officers hereinbefore mentioned mak-
ing such transcripts or copies, pursuant to an order of the said Commissioner
of Records, shall be paid such sum therefor as said Commissioner shall
certify to be just, but such payment shall not be made tinless the work has
first been ordered to be done by said Commissioner, and after the same shall have
been completed and examined by him and approved as to its manner and form
of execution, and such payments shall not exceed the sum to be certified by said
Commissioner.
Sec. 4. It shall be the duty of any and ever}' person or persons, board or
officers having in his, their or its possession any of the said maps, books or rec-
ords of either or any of the late towns mentioned in the third section of this
Act to deliver the same to the Commissioner of Records upon demand, and, in
case of a refusal, such delivery shall be enforced by a writ of mandamus issued
out of the Supreme Court, or by,an order of one of the Justices thereof, and in
case any former officer or other person upon whom such demand shall have been
made shall deny having possession of any book, map, or other record so demanded,
he may upon the return of such writ or order be examined under oath as to the
whereabouts of such books, maps and records. Having obtained possession of
such books, maps and records, the Commissioner of Records shall collate, index
and arrange the same for use and preservation, and in such cases as ma}" be nec-
essary shall make certified copies thereof and file such certified copies in such of
the public offices of the County of Kings and the City of New York as may be
necessary for the purpose of assessment, record or other public use.
Sec. 5. The said Commissioner of Record upon his appointment, is hereby
authorized to appoint such assistants and employees as may be necessary for the
proper and economical conduct of the duties of his office, to fix their compensa-
tion and determine the amount necessary for the other expenses of his office.
Sec. (i. The Board of Estimate and Apportionment of the City of New
York shall upon the passage and approval of this Act, at once, and annually there-
after, make provision for the salary of the Commissioner of Records and the
compensation of his assistants and employees; and his other necessary expenses
as audited bv the Comptroller of the City of New York but not to exceed the sum
of One hundred thousand dollars in any one year.
Sec. T. .All Acts and parts of Acts inconsistent with the provisions of this
Act are hereby repealed.
Sec. 8. This Act shall take efifect immediately.
APFENDIN •■ H."
CHAPTER in, LAWS OF 1901.
An Act to provide for the continuance of the office of commissioner of records
of the county of Kings, and for the completion and care of the block indexes
and reindexing plant, and for the care and preservation of the county rec-
ords, old town and other records.
Recame a law IMarch 28, 1904, with the approval of the Governor. Passed,
three-fifths being present.
The People of the State of Nezv York, represented in Senate and Assembly, do
enact as follozn's:
Section 1. The office of commissioner of records of the county of Kings
is hereby continued, for the purpose of completing in permanent form the tem-
porary block indexes, now made or in process of being made in the office of the
present commissioner of records of the county of Kings, and for the permanent
129
care and |)rt'servatioii of the reiiulcxinji plant, now in the office of said com-
missioner, and of the county, old town and other records, as hereinafter provided.
Sec. 'i. W'itliin ten days after this act goes into effect, the county judges
of the county of Kings, shall appoint a commissioner of records of the county
of Kings, who shall be a resident of said county, who shall take and hold office
for a term of live years, commencing from and including the twenty-si.xth dav
of May, in the year one thousand nine hundred and four, the date of the expira-
tion of the term of office of the jjresent commissioner; such appointment shall be
made by a certificate in writing, signed by said county judges, and to be filed in
the office of the county clerk of Kings county; and within fifteen days after the
date of said appointment the person so appointed shall take and file in said
county clerk's office the official oath required by law. Each succeeding five years
thereafter, and within thirty days prior to the expiration of the term of office
of the commissioner of records, the said comity judges of Kings county shall
appoint his successor, who shall hold office for a like term. In case of a vacancv
occurring in the office of commissioner of records, by death or resignation, or
otherwise, the county judges of Kings county shall appoint a commissioner of
records to fill such vacancy for the unexpired portion of said term. The com-
missioner of records shall be paid for his services a yearly salary of five thousand
dollars per year, in equal monthly payments.
SiCf. •'). L'pon the expiratit)n of the term (jf office of the present commis-
sioner of records, all records, indexes, books, maps and other documents and
papers in his exclusive custody, shall be turned over to the care and custody of
his successor, so to be appointed as aforesaid.
Skc. 4. It shall be the duty of the commissioner of records to examine into
the condition of the books, records, documents, maj^s and indexes in the offices
of the clerk, register and surrogate of the county of Kings, and the books, maps
documents and other records of the former towns of Xew Lots. Flatbush. Xew
l^trecht. Gravesend, Flatlands, Brooklyn. Bushwick and W'illiamsburgh, in the
county of Kings, now constituting the borough of Brooklyn, in the city of New
York : and from and after his entry into office, he shall have general supervision
of all maps, books, indexes, papers, records and instruments kept, filed or re-
corded, or hereafter to be kept, filed or recorded in the offices of the clerk, regis-
ter and surrogate of the county of Kings, and he shall have exclusive super-
vision, care, custody and control of all books, records, documents, maps, indexes
and other records of said former towns in the county of Kings, which are now in
the possession of former officers of said towns, or any of them, or of any other
person or persons, board or officers, whether said board or officers be departments
or officers of the city of New York, or any borough thereof, or otherwise; and.
said commissioner shall have exclusive power to make rules for the convenient
use by the public of all the above mentioned records, documents and papers in his
office. From and after his entry into office, the said commissioner of records
shall carry on. continue and complete in permanent form, the reindexing of con-
veyances, mortgages and other instruments relating to lands and liens thereon in
the county of Kings, in block indexes, in the manner provided by law in force at
the time of the passage of this act, the said commissioner of records assuming
the duties with respect to said reindexing in the register's and count}- clerk's
offices of the county of Kiners, and now devolved by law upon the present com-
missioner of records. It shall be the further duty of said commissioner of records
to reindex in separate block indexes all mort.gages satisfied prior to January first,
eighteen hundred and ninety-five, and upon the block indexes now completed or
in process of completion b\- the present commissioner of records, all mortgages
imsatisfied of record or satisfied sul)se(|uent to Januarv first, eighteen hundred
and ninety-five, or he may consolidate and include all mortgages recorded prior
130
to January first, eighteen hundred and ninety-five, whether satisfied or unsatis-
fied, in the permanent block indexes, as he may deem most advisable. When put
in permanent form and before depositing the said block indexes of mortgages
in said register's office, the commissioner shall note upon the margin of said block
indexes of mortgages, following the index of each mortgage, respectively, all
satisfactions filed prior to January first, nineteen hundred and four, and shall
cause all satisfactions thereafter filed to be so noted upon the margin of such in-
dexes from time to time as the same are filed. The said commissioner of records
shall reindex in the block system of indexes of notices of pendency of actions, in
the office of the county clerk of the county of Kings, the name or names of all
defendants requested to be indexed in said notices, respectively, at the time of
filing thereof, in addition to that of the first named defendant under which said
notices are now only indexed, and shall continue the same to and until January
first, nineteen hundred and five. Upon the completion of reindexing of records in
the county clerk's and register's offices, upon the block system, as herein pro-
vided, the commissioner of records shall put his reindexing plant in proper and
permanent form for its care and preservation for public use in his office, and is
hereby authorized to arrange and bind in book, portfolio, or other permanent •
form, all the abstracts of conveyances, mortgages and other instruments relating
to lands and liens thereon, which have been made in connection with, or for the
purpose of the reindexing on the block system, and also maps, working plans and
commissioners sheets, upon which are delineated lands in the county of Kings,
which have been prepared and used in the office of the commissioner of records,
in connection with, or for the purpose of reindexing on the block system ; and may
make such copies of said abstracts, maps, working plans and commissioners sheets
as he shall deem necessary for public use ; and the same, and the originals thereof,
shall be deemed to be the public records, and shall, after the completion of the
said reindexing on the block system, be public records, and shall be open to the
use of the public in his office, and under such rules and regulations as the com-
missioner shall prescribe. The said commissioner of records is also authorized
to reindex all conveyances, mortgages and other instruments relating to lands
and liens thereon, which have been recorded in the various offices of the town
clerks of the former towns of Kings county, respectively, hereinbefore referred
to, or which have been filed therein, or which have been filed but not recorded,
in the offices of the register and county clerk of the county of Kings, such instru-
ments to be indexed in a separate volume entitled, " Block index of unrecorded
instruments," but nothing herein contained shall be construed as creating either
actual or constructive notice of the contents of the said instruments, or either of
them, where the same does not now exist by law. And the said commissioner
shall have sole and exclusive power to authorize the surrogate, register or county
clerk of the county of Kings, as the case may be, to cause to be made and certi-
fied for public use copies of said books, records, documents, maps, plans and in-
dexes in the offices of the said surrogate, register and county clerk of the county
of Kings, respectively; and it shall be his duty to do so whenever, by reason of
age, use or exposure, or any casualty, the same shall, in his judgment, be neces-
sary. And the said commissioner is hereby empowered to authorize the surro-
gate, register and county clerk of Kings county to rearrange or cause to be re-
arranged, all the records, filings, papers and maps in their respective offices and,
upon completion of the alterations to the hall of records, in said county, to
cause the same to be placed in fireproof files, properly marked and endorsed.
And said commissioner is hereby empowered to do, or to authorize to be done
by said surrogate, register and county clerk, or any of them, such further acts
and things for the care, preservation and convenient examination of the said
records, documents and papers as he deems the public interests may require.
St5C. 5. The copyists of old or mutilated records, making copies thereof
for public use in the offices of the surrogate, register and county clerk of the
131
county of Kings, respectively, and any other person or persons performing any
work, labor or service in or about the care and preservation of any of said public
records, documents and papers, pursuant to an order of the said commissioner
of records, shall be paid such sum therefor as said commissioner shall certify
to be just, but such payment shall not be made unless such copies or work shall
have been first ordered to be made or done, as the case may be, by said commis-
sioner, and after the same shall have been completed and examined by him, and
approved as to manner and form of execution.
Sec. 6. It shall be the duty of any person or persons, board or officers,
liaving in his, its or their possession, any of the maps, books or records of either
or any of the said former towns of the county of Kings, to deliver the same to
the commissioner of records, upon demand, and in case of a refusal, such deliv-
ery shall be enforced by a writ of mandamus issued out of the supreme court,
or by an order of one of the justices thereof; and in case any officer, board or
other person or persons, upon whom such demand shall have been made, shall
deny having possession of any book or document, or other record so demanded,
he niav, upon return of such writ, or order, be examined, under oath, as to the
whereabouts of such books, maps, documents and records. Having obtained pos-
session of such books, maps, documents, and records, the commissioner of records
shall collate, index and arrange the same for care, preservation and their use
by the public; and in such cases as he deems necessary shall make translations
into the English language of any such books and records as are in the Dutch
language, and shall make certified copies of any thereof as may be necessary, and
file such certified copies in such of the public offices of the county of Kings or
in the city of New York, as may be necessary for the purpose of assessments,
record or other public use.
Skc. 7. The commissioner of records of the county of Kings is hereby
authorized to appoint and at pleasure remove a deputy, a secretary, a superin-
tendent and an assistant superintendent, and to appoint such other
assistants, clerks and employees, including unskilled laborers as may
be necessary for the proper and economical conduct of the duties
of his othce ; the present clerks and employees in the office of the com-
missioner of records of the county of Kings, shall continue to be clerks and em-
ployees in said office as hereby continued, so long as their services are required.
All such clerks and employees in said office as are hereby continued together with
those hereafter appointed shall be subject to the civil service laws of the state
of New York. The said commissioner of records is hereby authorized to fix the
compensation of all subordinates, clerks and employees in said office, subject as
aforesaid.
Sec. 8. The board of estimate and apportionment of the city of New York
shall, upon the passage and approval of this act, at once, and annually thereafter,
make provision for the salary of the commissioner of records, and the compen-
sation of his deputy, secretary, supermtendent, assistant superintendent, assistants,
clerks, employees and laborers, and for other necessary expenses, as audited by
the comptroller of the city of New York, but not to exceed the sum of one hun-
dred thousand dollars in' any one year, until the completion of reindexing the
records of the register and county clerk of the county of Kings, on the block
system, in permanent form and thereafter not to exceed the sum of fifty thousand
dollars in any one year.
Sec. 9. All acts and parts of acts mconsistent with the provisions of this
act are hereby repealed, provided that nothing herein contain_ed_ shall be deemed
to interfere with the powers and duties of the present commissioner of records.
Sec. 10. This act shall take efifect immediately.
f.h