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epunt or in connexion with any other person or persons, not being a member of the company, for mills or other hydraulic works, which may be erected or constructed by the said company, or to lease, let or grant and convey, for a limited time, the use of the water to any person or persons, for any lawful purpose ; and the rents and profits resulting therefrom to take and receive to and for the use and benefit of the said company, in addition to the tolls and profits herein after mentioned and allowed to be taken : Thirdly, to issue promissory notes, payable to any Said company person or persons, or to his, hep or their order, or to bearer, promiffory which being signed by the president and countersigned by notes, . the treasurer or clerk, although not under the seal of the corporation, shall be binding and obligatory upon the same, and shall be negotiable and assignable by indorsement, or if payable to bearer, by delivery in like manner, and with the like force and effect as promissory notes by law now are ; Provided always, That all such notes which shall be. so issued, shall specify the particular service or article for which they are given ; And provided also, That the said service or article shall have been performed, or is for the purposes of the institution ; And provided further, That the whole amount of the notes so to be issued, shalbnot at any one time exceed double the amount of the moneywhich may have been actually paid in by the stockholders, . and that the directors shall be liable for the excess ; Fourthły, to take and receive from every boat or vessel. To receive
n. certain tolls passing through such canal so to be made, a certain tollz." not to exceed at and after the rate of seven dollars per ton on the tonnage of said boat or vessel ; which toll, and the Profits how whole profits thereof, shall belong to, and be- vested in the said corporation and their successors, and shall be divided among them in proportion to their respective shares, in manner to be prescribed by the laws and ordinances of the said corporation ; Provided nevertheless, at the expiration of thirty years from and after the complete ing said canals, so that boats or vessels may pass through the same, it shall and may be lawful for the legislature of this state to alter, regulate and apportion the rate of the said toll in such manner as shall be deemed just and proper.
IX. Provided also, and be it further enacted; That if the Corporation said canal and locks shall not within the period of ten when dissolve years, from and after the third Monday of January last mentioned, be made and completed so that a vessel of seventy feet in length, sixteen feet in breadth, and four feet draught of water, may pass and repass the same, between the navigable waters of Lake-Erie, and those of Lake-Ontario, then and in such case, all the rights, powers and privileges hereby granted and vested in, or to be vested in the said corporation, shall cease and determine, and be for ever null and void, and the lands hereby granted shall revert to and vest in the people of this state.
May enter X. And be it further enacted, That the said corporation
by the president and directors, or by any agent, superin, tendent, engineer or other person employed in the service of the said corporation, may enter into and upon all and singular the land and lands, where they shall deem it pro per to carry the canal and navigation herein before de, scribed, and to lay out and survey such route as shall be most practicable for effecting a navigable canal as afore, said, by means of locks and other devices, doing never
theless as little damage as possible to the ground and inCompenfation closures in and over which they shall pass ; and thereupon to be déter. 1
it shall and may be lawful to and for the said president and pined.
directors respectively, to contract and agree with the own er or owners of any lands and tenements, for the purchase of so much thereof as shall be necessary for the mak ing, digging and perfecting the said canal, and for erecting and establishing all the necessary locks, works and devis ces, to such navigation belonging, if they can agree with such owner or owners, but in case of disagreement, or in case the owner thereof shall be feme covert, under age, non compor mentis, or out of the state, then it shall and may be lawful to and for the said president and directors, to cause a sur, vey and map to be made of the ground in their estimation requisite, and which they may be by law authorized to ap
propriate for the uses aforesaid, in the field-book of which í survey and map shall be distinguished the land of each of o the several owners and occupants appropriated or intend:
ed to be appropriated as aforesaid, and the quantity there, 29.0 of, and shall exhibit such field-book and map to the justi,
ces 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 corporation 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 may be situat- ed, there to remain as a public record ; and it shall there. upon 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 in. terested in such corporation, or the land so surveyed as aforesaid, to appraise the premises specified in such fieldbook ; 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 ascer tain 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 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 money so assessed as aforesaid, together with the costs of ap: praisement, 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.
XI. And be it further enacted, That it shall and may be to use cere lawful for the said corporation to use so much of the land tain lands be.
"longing to the belonging to the people of this state as may be necessary ftate. 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 receiv, 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 here.
* in contained nothing in this act contained shall be construed to prevent to prevent the the people of this state from erecting upon said lands any
tifications. 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
surveyed, &c. this act, shall be taken, surveyed and located, by and with the approbation of the person administering the governt ment of this state, and not otherwise.
CH A P. CI.
gation within this State, and for other Purposes thereina
Passed April 5th, 1798. Time pro- I. D E it enacted by the People of the State of New York, Jonged for ¿D represented in Senate and Assembly, That the further the naviga 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 creek.
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. Corporation II. And be it further enacted, That it shall and may be: cut down,
Ito lawful for the said company, to cut down the trees con
tiguous to the Mohawk-river, Wood-creek and such other deftroy trees.
streams through which they may carry their improves ments 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 dowit 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 destroya ed; and in case the said company, or any of their officers oragents 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 III. And be it further enacted, That so much of the alean 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 place thereof, it shall be the duty of the respective corpo-. and paid.
rations, created by the said recited aet, 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 intended to be appropriated as aforesaid, and the quantity thereof; and shall exhibit such field-book and map to the
7th fect. of an act repealed.
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 tene, ments mentioned and specified in such field-book, filed in the office aforesaid.
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.
Passed 30 April, 1797.' VII. A ND be it further enacted, That so much of the
I said lot number one in the said town of Hanni. bal 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.