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such book, the execution of the said certificate being first duly proven or acknowledged, to be filed in the office of the clerk of such county as aforesaid, there to remain as a public record; and the said corporation and their successors, upon paying to the several owners the sums of mo ney so assessed as aforesaid, together with the costs of appraisement, shall immediately be vested with the fee simple of the lands and tenements mentioned and specified in such field-book filed in the office as aforesaid.

To afe cer tain lands belonging to the

state.

XI. And be it further enacted, That it shall and may be lawful for the said corporation to use so much of the land belonging to the people of this state as may be necessary and convenient for the said canal and locks, and also one hundred feet in width on each side of said canal for towing paths, and also so much as may be necessary for lyebies to receive boats while others are passing, and five acres of land at their election at each end of the canal for the purpose of erecting houses for the residence of the receive ers of tolls, and the further quantity of forty acres in one or more place or places, in squares as the said corpora tion shall judge most convenient for erecting mills, and other hydraulic works, and shall and may take from off and out of the said lands, such timber, stone and other materials as may be necessary to the construction of the said canal, locks, houses, mills and other works incident to the said canal and locks; And provided further, That it shall be lawful for any person at his own election, to use the road heretofore used as a carrying place, any thing in this act to the contrary notwithstanding; Provided also, That nothing in this act contained shall be construed to prevent to the people of this state from erecting upon said lands any forts, or other works necessary for the defence of the state, nor affect the right of the people of this state to make any public road upon and through the said land, when the same can be done without materially incommoding the works contemplated by this act; And provided further, That this act nor any thing therein contained, shall be con strued to prevent the erecting any bridges by the authori ty of this state, over the canal so to be made, so that the same do not materially obstruct or injure the navigation thereof; And provided further, That the lands granted by Lands to be this act, shall be taken, surveyed and located, by and with furveyed, &c. the approbation of the person administering the govern ment of this state, and not otherwise.

Nothing here

in contained

prevent the tifications.

erecting for

Time prolonged for completing the naviga

tion between

СНАР. СІ.

An ACT further to amend the Laws relative to Lock Navi~ gation within this State, and for other Purposes therein, mentioned.

I.

Be

Passed April 5th, 1798.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the further time of five years is hereby granted and allowed the westSchenectady ern inland lock navigation company for completing the navigation between Schenectady and Wood-creek, any thing in any former law to the contrary notwithstanding which said term of five years shall be computed from the first day of January last past.

and Wood

creek.

Corporation

cut down,

remove or

deftroy trees.

II. And be it further enacted, That it shall and may be authorized to lawful for the said company, to cut down the trees contiguous to the Mohawk-river, Wood-creek and such other streams through which they may carry their improvements in the navigation, to the distance of two rods from the banks of such river and streams respectively, and also to draw out and lay upon the shores of the same river and streams, such of the timber fallen in the same as may obstruct the navigation thereof, and as when raised from the beds of those streams will not float down the same; And further, To burn and destroy the timber so cut down or drawn out, unless the proprietors of such timber shall notify to the agent of the said company concerned in such operations, a request that the same may not be so destroyed; and in case the said company, or any of their officers or agents shall be sued or impleaded for any proceedings had by virtue of the foregoing clause, it shall and may be lawful for such company or agent to plead the general issue, and thereupon give in evidence this act, which shall be deem-ed and adjudged a full justification for such proceedings..

Part of the

act repealed.

III. And be it further enacted, That so much of the 7th feet. of an seventh section of an act, entitled An act for establishing and opening lock navigations within this state, as provides for the assessment of damages to any owner or proprietor of lands therein mentioned, by writ in nature of a writ of Damages how adquod damnum, shall be and is hereby repealed; and in

afeertained and paid.

place thereof, it shall be the duty of the respective corporations, created by the said recited act, previously to any appraisement as herein after provided, to cause a survey and map to be made of the ground in their estimation re-. quisite, and which they may be by law authorized to appropriate for the uses specified in the said recited act and the acts amending the same, in the field-book of which survey and map shall be distinguished the land of each of the several owners and occupants appropriated or in tended to be appropriated as aforesaid, and the quantity thereof; and shall exhibit such field-book and map to the

Justices of the supreme court, or any two of them; and if such justices shall be of opinion that the land so surveyed is not more than what is requisite for the said uses, and may be lawful for the said respective corporations to appropriate, they shall certify such field-book and map, under their hands and seals, and cause the same to be filed in the office of the clerk of the county in which the same lands, or the greater part thereof may be situated, there to remain as a public record; and it shall thereupon be lawful for the said justices, by a writing under their hands and seals, to appoint not less than three nor more than five discreet persons, none of whom shall be interested in such corporation, or the lands so surveyed as aforesaid, to appraise the premises specified in such field-book; and it shall be the duty of the appraisers, or a majority of such as shall be appointed, to examine the land of each owner or occupant so appropriated, and to ascertain the value thereof, and the damages each may sustain by such appropriation; and to make a regular entry of such valuation and assessment of damages, in a book to be by them kept for that purpose, and certify the same under oath to be a true, fair and impartial valuation and assessment, to the best of their belief; and shall thereupon cause such book, the execution of the said certificate being first duly proven or acknowledged, to be filed in the office of such clerk as aforesaid, there to remain as a public record; and the said corporation and their successors, upon paying to the several owners the sums of money so assessed as aforesaid, together with the costs of appraisement, shall immediate ly be vested with the fee simple of the lands and tenements mentioned and specified in such field-book, filed in the office aforesaid.

Oswego Willage.

TWENTIETH SESSION. CHAP. CIII.

An ACT for laying out Part of Lot Number One in the Town of Hannibal, in the County of Onondaga, into Lots, and for other Purposes therein mentioned.

VII.

A

Passed 3d April, 1797.

ND be it further enacted, That so much of the said lot number one in the said town of Hannibal in the county of Onondaga, as shall be laid into lots as aforesaid, shall be known and called for ever thereafter by the name of Oswego.

[RESIDUE OBSOLETE.]

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An ACT to amend the Act, entitled "An Act for laying out Part of Lot No. 1, in the Town of Hannibal, in the County of Onondaga, into Lots, and for other Purposes therein mentioned."

Passed March 9, 1798. Sess. 21, ch. 30.

An ACT to amend an Act, entitled "An Act concerning the Salt Springs, in the County of Onondaga," passed 30th March, one thousand seven hundred and ninetyeight, and to amend "An Act for laying out Part of Lot No. 1, in the town of Hannibal, in the county of Onondaga, into Lots, and for other purposes therein mentioned," passed third day of April, one thousand seven hundred and ninety-seven.

Passed 1st April, 1800, Sess. 23, ch. 77.

An ACT to extend the Time for the Payment of the purchase Money for the Lots of Land sold in the Town of Hannibal and the Village contiguous to the Salt Springs, in the County of Onondaga.

Passed 16th February, 1801. Sess. 24, ch. 7.

be Lection 34 Salt Springs.

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164, Jessi

Some parts of the acts under this head which are here printed are obsolete or executed, but the regulations in the several sections are so connected that it would be difficult to understand clearly what is still in force with out adding other parts of the acts by way of expla nation. E.]

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TWENTIETH SESSION. CHAP. XC.
An ACT concerning the Salt Springs in the County of Onon-

Surveyor-gen- I.
eral to lay out
part of the

for the ufe
of the falt
fprings.

daga!

Passed 1st of April, 1797. E it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is herefand referved by enacted by the authority of the same, That it shall be law ful for the surveyor-general of this state, and he is hereby directed and required as soon as may be after the passing of this act, to cause such parts of the lands and marsh adjoining to the Salt-lake in the county of Onondaga as are comprehended in the following description, to wit: of lots number eleven, twelve, thirteen, fourteen, fifteen, twenty-eight, twenty-nine and thirty, being part of the lots reserved by law for the use of the salt springs, and also of the lands adjoining the said lake on the north side of lots

number eleven and fourteen, /and extending from the points where the north lines of the said lots number eleven and fourteen touch the lake, down the lake forty chains on a straight line and extending back to a distance not exceeding ten chains, to be laid out into lots not exceeding ten acres, in such manner as may be most convenient and beneficial for the manufactories already or hereafter to be erected on the lots and tracts above described; Provided, Provifo. That no lot shall contain more than five acres of the marsh except such part of the tract within the description aforesaid as he may deem best suited for the site of such store-house as is hereinafter directed to be erected; and To file a map to cause a map thereof to be made, on which the lots shall thereof in the be numbered, and to file one copy thereof in the office of office. the secretary of this state, and another copy in the office of the clerk of the county of Onondaga, keeping the original in his own office.

II. And be it further enacted, That it shall be the duty of the surveyor-general to attend the making of such survey in person, and that he shall as soon as may be after the survey is commenced, give notice of this act to the occupier of each of the salt works already erected, and as soon as the survey is completed it shall be lawful for the surveyor-general for and in behalf of the people of this state to make and execute a lease of each of the said lots upon which there are now salt works erected, for the term of three years, upon the following terms and conditions, that is to say: That for every kettle or pan now used or to be used in the manufacturing of salt on the said premises, the lessee shall cause at least ten bushels of salt to be made on the premises so leased to him every year during the said term, and pay as a rent for the same premises four cents for every bushel of salt made thereon during the said term; and if the spring or springs on any of the said lots shall yield more water from which salt can be extracted than is sufficient for the manufactory established or to be established on such lot, it shall and may be lawful for the lessees of any adjoining lot or lots to lead the surplus water to his or their manufactory, and if such surplus should exceed the quantity required for the manufac tories on such adjoining lot or lots, the second surplus may be led to the next adjoining lots, and so successively from one lot to the other until such surplus shall be exhausted; and if any controversy shall arise in the premises, the superintendent shall interpose and determine the same between the parties in contest, and his determination shall be final and conclusive and that such lessee, his executors, administrators or assigns, shall not at any time directly or indirectly ask, demand or take more than sixty cents a bushel for any salt to be made on the said premises, and that no salt shall be sold on the leased premises, but all

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fecretary's

To attend

fuch furvey in perion and to execute a

leafe for three years to fuch

perfons as erected falt

have already

works there

on

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