In re Constant Webster

Citations

• 106 A.D. 360
• 94 N.Y.S. 1050

Syllabus

<p>Kinderhook — it is not obliged, to maintain the bridge across the Kline kill — what is an ancient document — in what custody it may be.</p> <p>The town of Kinderhook has, by the terms of chapter 91 of the Laws of 1818 and by the proceedings taken pursuant to that act, been relieved from the entire cost of maintaining the bridge across the Klinekill at the point where that stream forms the boundary line between the towns of Kinderhook and of Chatham.</p> <p>An ancient document, if it comes from a custody which the court deems proper, and is itself free from any indication of fraud or invalidity, proves itself.</p> <p>Such rule applies to an ancient map purporting to.be signed by commissioners in partition and to a transcript appearing upon (he books of the clerk of the town of Ghent of a certified copy of a report made hy the commissioners appointed under chapter 91 of the Laws of 1818 and to a transcript appearing in the minute book of the town of Kinderhook of a certificate signed by the commissioners appointed under the act of 1818, where' it appears that the original report had been lost.</p> <p>. The custody by the present county clerk of Columbia county of the records of the board of supervisors of such county for 1818 is a proper custody within the meaning of the rule relating to the admission of ancient documents in. evidence.-</p>