Proviso. of this act, all that part of the Cattatong creek in the county of Tioga, from the forks of said creek near the house of Orange F. Booth, in the town of Candor, to the mouth thereof, at its junction with the Owego creek, shall be and is hereby declared a public highway: Provided always, That this act shall not be so construed as to affect any mills or dams already erected on that portion of said creek, which is hereby declared a public highway. An act declaring a part of Cayuta creek a public highway. Passed February 20, 1827. Chap. 49, p. 33. $1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That from and after the passage of this act, all that part of Cayuta creek, in the county of Tioga, from the state line to Swartwood's mills on said creek, shall be and is hereby declared a public highway: Provided always, That this act shall not be so construed as to affect any mills or dams already erected, on that portion of said creek which is hereby declared a public highway. An act to amend the act, entitled "An act declaring certain waters in the county of Steuben public highways," passed April 14th, 1815. Passed March 19, 1827. Chap. 87, p. 69. S1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That all that part of Mud creek, in the county of Steuben, lying between Mud lake and Bartles' mills, on said creek, be, and the same is hereby declared a public highway, subject to all the provisions and restrictions of the aforesaid recited act. $ 2. And be it further enacted, That the commissioners of navigation, in the said county of Steuben, are hereby authorised and empowered to construct an apron or lock, in Jacob Bartles' mill dam, in such manner as will admit of the safe passage of arks, rafts and logs through the same: Provided, That the commissioners aforesaid, shall first obtain the consent of the said Jacob Bartles, or the person or persons who is or may be the owner of the said mills and dam, before they commence the construction of said lock and apron. An act to amend the act, entitled "An act declaring certain waters in the county of Steuben, public highways," passed April 14, 1815. Passed April 14, 1827. Chap. 252, p. 258. S 1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That nothing contained in the provisions of the aforesaid recited act, shall be so construed as to require the owner of any dam or lock upon Mead creek, in the said county of Steuben, to open the said locks for the passage of logs or timber, at any time when the said creek would not be navigable for arks or rafts, by the natural height of the stream, if there were no mill dams erected thereon. An act declaring the Owego creek a public highway. Passed 1. All that part of the Owego creek, from the mill of Alexan- Highway. der McDonald, in the town of Newark, in the county of Tioga, to its junction with the Cattatong creek, is hereby declared a public high way. obstructing 32. If any person shall obstruct the navigation of the said Owego Penalty for creek, where declared a public highway as aforesaid, by erecting any creek. dam, weir, or other impediment therein, or by falling or placing therein any timber, wood, slabs or other obstruction whatsoever, he shall forfeit and pay, for every such offence, the sum of ten dollars, to be recovered, with costs of suit, in the name and to the use of any person who will sue therefor. $3. Nothing in this act shall be construed to affect any mill-dam Saving or other erection for hydraulic purposes, heretofore erected upon said clause. creek, but the same may be continued of the same height, and in the same manner, as at present established. An act declaring certain parts of Five Mile creek, in the county of Steuben, a public highway. Passed March 22, 1828. Chap. 113, p. 110. $1. All that part of Five Mile creek, in Steuben county, from the Little lake in the southeasterly part of the town of Prattsburgh, in the county aforesaid, to the mills on said creek owned by Grattan H. Wheeler, in the town of Wheeler, in said county, be and the same is declared a public highway, subject to all the provisions, privileges, restrictions and penalties embraced in the act, entitled "An act declaring certain waters to be public highways, allowing certain dams to be built and made, and for preventing obstructions in the Hudson river, and certain other rivers," passed April 2, 1813. An act declaring a part of the Genesee river a public highway. $1. All that part of the Genesee river from the village of Rochester to the Pennsylvania line, not heretofore declared to be a public highway, shall, from and after the passage of this act, be, and the same is hereby declared a public highway; but this act shall not be so construed as to affect any mills or dams already erected on that portion of said river, which is, by this act, declared to be a public highway. An act declaring certain parts of the Cattatong creek, in the county of Tioga, a public highway. Passed April 19, 1828. Chap. 263, p. 335. 1. All that part of the Cattatong creek, between the west line Highway. of township number nine, in the county of Tioga, and the forks of said creek, near Orange F. Booth's in said county, is hereby declared a public highway. Penaltics. Rights. $2. If any person shall obstruct the navigation of the said creek, where declared a public highway as aforesaid, by erecting any dam, weir, or other impediment therein, or by placing therein any wood, timber, slabs or other obstruction, he shall forfeit and pay the sum of ten dollars for every such offence, to be recovered, with costs of suit, in the name and to the use of any person who will sue therefor. $3. Nothing in this act shall be construed to affect any mill-dam or other erection for hydraulic purposes, heretofore erected upon the said creek, but the same may be continued of the same height, and in the same manner, in which it is now established. An act declaring a part of the Little Conewango creek a public highway. Passed April 11, 1829. Chap. 116, p. 217. $ 1. That part of the Little Conewango creek which is between the bridge on the Jamestown road, so called, and the east line of the town of Randolph, in the county of Cattaraugus, is hereby declared a public highway; but the owner or owners of the adjoining lands may erect mills and other water-works, store-houses or docks on said stream, so that the same shall not obstruct the navigation thereof. S2. Any person who shall obstruct, in any manner whatsoever, the navigation of that part of said creek which is hereby declared a public highway, shall forfeit the sum of ten dollars, to be recovered with costs, by any person who shall sue for the same, before any justice of the peace; and the person so offending shall also be deemed guilty of a misdemeanor, and be liable to fine and imprisonment, and be prosecuted accordingly by indictment. An act to amend an act, entitled "An act declaring a part of the S1. It shall be the duty of all persons having dams across that part of Cayuta creek as is declared a public highway, to cause a sluice way or lock to be made to such dam, at least twenty feet wide, so as to permit rafts and arks to pass conveniently down said creek. $2. The commissioners of highways in the several towns through which that part of the Cayuta creek runs, are hereby authorised and required to district the said creek so declared a public highway, and to assess the inhabitants living on and adjacent to the turnpike road running parallel to said creek, and to require said assessment to be worked in clearing away the obstructions to the navigation of said creek. [The statutes authorising the erection of dams or other obstructions in streams which are public highways, are so numerous, that it is found wholly impracticable to publish them at large. With a view to aid in acquiring an accurate knowledge of them, and to afford an easy reference to the volumes where they will be found, the following arrangement has been adopted. The principal rivers and outlets, in which dams, &c. are authorised, are placed in an alphabetical order. Under the name of each river, &c. the acts relating to it, are referred to by brief notes, showing the persons authorised to erect the dam, &c. and the volume, page and chapter, containing each statute. As many of these streams run through different counties, and many dams are authorised from one county to another, the acts referred to could not be arranged under their respective counties. This, however, has been done with respect to inferior streams; the laws respecting which have been placed under the names of the several counties in which those streams are situated.] CANANDAIGUA OUTLET. By Chapter 44 of laws of 1817, 40th Session, p. 32, Frederick A. De Zeng, his heirs and assigns, are authorised to erect a dam on this stream on lot No. 46, in the town of Galen, in the county of Seneca. By Chapter 45, laws of 1817, p. 32, Septimus Evans, his heirs and assigns, are authorised to erect a dam on lot No. 81, in the town of Galen. CANISTEO RIVER. By Chap. 170, laws of 1812, p. 513, of Web. ed. vol. 6, James McBurney is authorised to erect a dam at the place where Purdy's bridge crosses the river. By Chap. 96, laws of 1815, p. 199, Thomas McBurney is authorised to erect a dam where the Butler lot crosses the Canisteo river. By sec. 2 of Chap. 123, laws of 1816, p. 122, 123, William Wambaugh is authorised to erect a dam about thirty rods below the bridge which crosses said river, in the town of Addison in the county of Steuben. By Chap. 172, laws of 1817, p. 173, Ira Pratt and Thomas Metcalf are authorised to erect a dam, at the place where their mills stand. By Chap. 72, laws of 1827, p. 57, Lemuel B. Searle, is authorised to erect a dam on lot number three, in the town of Addison. By Chap. 168, laws of 1827, p. 160, Josiah Stowell and Cyrus McMaster are authorised to erect two dams, one at or near lot number eighty, on the east side of the river, and the other on lot number twenty-six, in township number two, in the town of Addison. By Chap. 17, laws of 1827, p. 12, Isaac Miles is authorised to erect a dam on lot number twenty-three, in township number two in the town of Addison. By Chap. 117, laws of 1829, p. 217, Stephen Coal is authorised to erect a dam at or near lot number ninety-three, in township number two, in the third range of townships. By Chap. 168, laws of 1829, p. 269, James E. Jones, his heirs and assigns, are authorised to erect a dam on lot number seventy-seven, in township number three, in the town of Cameron. CHEMUNG RIVER. By Chap. 47, laws of 1828, p. 43, Robert Covell, his heirs and assigns, are authorised to erect a dam across the south branch of the Chemung river, from the land of said Covell to Davis' Island, opposite the village of Newtown. By Chap. 49, laws of 1828, p. 44, Stephen Tuttle, his heirs and assigns, may erect a dam across the Chemung river at the most suitable and convenient place between the mouth of Newtown creek and the west line of said Tuttle's mill farm. By Chap. 114, laws of 1828, p. 110, John Wormly, Harry Clark and Jonathan Brown, may erect a dam at the town of Painted Post, in the county of Steuben, at or near the mills now erecting by them in said town. CHENANGO RIVER. By Chap. 60, laws of 1809, p. 457, Web. vol. 5, (and 2 R. L. 294,) Luther Rice, his heirs and assigns, are authorised to erect a dam across the west branch of the Chenango river, on lot number sixty-six, in the town of Homer. By the general act of 1813, 2 R. L. p. 296, 297, Moses Granger, his heirs and assigns, are authorised to erect a rolling dam across the right branch of the Chenango river, on lot number ninety-eight, in the town of Homer. By Chap. 169, laws of 1817, p. 171, Christopher Eldridge and Noah Shaw, their heirs and assigns, are authorised to maintain a dam across the western branch of the Chenango river in the town of Lisle, in the county of Broome, about two miles above the Chenango forks so called, at or near the place where a dam has heretofore stood. By Chap. 114, laws of 1820, p. 96, Simeon Rogers, his heirs and assigns, are authorised to maintain a dam across the Chenango river, in the town of Greene, in the county of Chenango, just above the Chenango forks, at the place where his dam now stands. By Chap. 135, laws of 1825, p. 231, Howard Lewis, his heirs and assigns, are authorised to continue his dan across the Chenango river, in the town of Chenango, in the county of Broome, at or near its present site. By Chap. 147, laws of 1827, p. 117, Otis Stiles and Samuel Stiles, their heirs and assigns, are authorised to erect a dam across the Onondaga or west branch of the Chenango river, in the town of Truxton, at or near the place where their mills now are. By Chap. 26, laws of 1828, p. 27, George Whitney, his heirs and assigns, are authorised to erect a dam across the Chenango river, in the town of Chenango, in the county of Broome, adjoining his farm. By Chap. 38, laws of 1828, p. 36, Jonathan Hubbard, his heirs and assigns, are authorised to continue a dam across the Onondaga, or west branch of the Chenango river, on lot number ninety-eight, in the town of Homer. By Chap. 70, laws of 1828, p. 75, David C. Case, his heirs and assigns, are authorised to erect a dam across the Chenango river, in the town of Chenango, in the county of Broome, between the bridge across said river, and the mouth of said river. By Chap. 187, of laws of 1828, p. 225, John Beach and Anson Seymour, their heirs and assigns, are authorised to erect a dam across the Onondaga river, near the house of said Beach, in the town of Lisle, county of Broome. CONHOCTON RIVER. By Chap. 62, laws of 1813, p. 55, Henry Kennedy and Mathew Nealy are authorised to erect a dam across the Canisteo river, about four miles above the village of Bath, and near the bridge on the Canisteo road. By Chap. 123, laws of 1816, p. 121, Gershom Towner and John Loop are authorised to erect a dam over this river, about eight miles |