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the salt made on the said premises shall by the maker ör proprietor thereof be put into barrels or casks, upon each of which his name and the quantity of salt contained there in shall be branded, and then the same shall be delivered to the superintendent of the salt works at the store or stores mentioned for that purpose in this act, to be by him stored therein until the same shall be sold; and that such lessee, his executors, administrators or assigns shall not cut any timber or wood on any land belonging to the people of this state for the use of the salt works, or for any other purpose, except such as the said superintendent shall from time to time permit and allow, and a clause be inserted in every such lease that in case of the breach or non-performance of any of the said conditions or articles. such lease shall become void.

III. And be it further enacted, That if the occupier of any salt works already erected on any such lot shall not within eight days after such/map shall be filed in the office of the clerk of the county of Onondaga as aforesaid, accept and take such lease thereof as aforesaid, then it shall be lawful for the surveyor-general, and he is hereby directed to lease every such lot upon the terms and conditions aforesaid, to the highest bidder, at a public vendue to be held as hereinafter mentioned, that is, to the person who will give the highest yearly rent for the same over and above the said four cents for every bushel of salt made thereon; and the surveyor-general shall as soon as may be after the expiration of the said eight days cause a notice to be affixed up at some public place at or near the said salt springs, that at a certain day to be mentioned therein, not less than ten weeks after the date thereof, the said lots, if any, together with ten of the other lots upon which there are no salt works erected, will be leased according to the directions of this act to the highest bidder, at a public vendue at the city hall of the city of Albany; and shall cause a copy of the same notice to be published in the newspaper printed at Whitestown, and in one of the newspapers printed in the city of Albany, and in the newspaper printed by the printer to this state in the city of New-York, and at the day mentioned in the said notice he shall set up each of the said lots at public vendue, and lease the same to the highest bidder, and make and execute leases for the same upon the terms and conditions aforesaid, with a clause for securing the payment of the additional rent yearly to the superintendent of the salt works for the time being, for the use of the people of this state, but omitting in the leases of the lots upon which no salt works are erected, the provision in the clause requiring the lessee to make a certain quantity of salt every year, and inserting in stead thereof a clause that such lessee, his executors, administrators or assigns shall within one year

after the date of his lease, erect proper works on the premises so leased to him for making salt, and shall thereafter cause at least five hundred bushels of salt to be made at such works every year.

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IV. And be it further enacted, That out of the surplus Superintend of marsh, if any there be, the superintendent shall assign portion any to each of the lessees such a proportion as he in his discretion shall deem meet and proper, to be by such lessees leffees. improved for the purpose of cutting grass or sedge thereon, and for no other purpose whatsoever; Provicled always, That each lessee may cut a canal through any part of the marsh leading to his manufactory.

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VI. And be it further enacted, That a superintendent of the salt works shall be appointed by the person administering the government of this state for the time being, by and with the advice and consent of the council of appointment, who shall hold his office during the pleasure of the said council, and who shall reside at or near the said salt springs, and who shall have no interest therein, and whose duty it shall be to receive and store the salt made at the said salt works, and brand his name and the year when made on each cask, and to deliver the same to the respective owners thereof as they sell the same, upon their paying to him the said rent and one cent upon each bushel for storage, always taking care to keep in store a due quantity of the salt made at each of the said works so that there may be at least two thousand bushels in store from and after the first day of October next until the expiration of one year from the date of such lease as aforesaid, and that annually thereafter there shall be an annual increase of five hundred bushels, to be kept at all times in the said store, for the supply of the citizens of this state who depend upon geting their salt from the said works, which quantity shall be composed of the salt made at the several manufactories in proportion to the number of kettles or pans employed in each separate manufactory; and if at any time in any year How to be there shall not be daily made at the said salt works a suf- difpofed of. ficient quantity of salt for the supply of the citizens of this state who depend upon getting their salt at the said works, then and in every such case it shall be lawful for the said superintendent, and he is hereby required to sell to every such citizen such quantity of the salt so reserved as may be necessary for his own use at the price aforesaid, and shall pay to the owner or owners of the salt so sold fiftyfive cents for every bushel so sold, being at the rate of sixty cents a bushel, including the said rent and storage; Provided always, That if any lessee shall have a proper store Leffee may of his own near the salt works he shall occupy, and shall fit and appropriate the same or some convenient part thereof for the reception and storing of the salt made by him, and shall deliver the keys thereof to the said superin

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tendent so that he may have the care and custody thereof in the same manner as of the said public store, then and in every such case the said superintendent shall store and keep the salt made at such salt works in such store of the owner of such salt works, in the same manner as in the public store, and in such case such owner shall not be chargeable with any storage; and the said superintendent shall also from time to time direct when and what wood or timber may be cut or taken on any land belonging to this state for the use of the said salt works, and shall be allowed for his services a salary of eight hundred dollars a year, and shall account with the comptroller of this state yearly for the said rent and storage, and pay the balance into the treasury for the use of the people of this state; and the said superintendent shall annually report to the legislature a state of the works and the business connected therewith; Provided always, That if any person interested in any of the said salt works shall act as superintendent as aforesaid, of faid works he shall lose his office and forfeit to the people of this state five hundred dollars, to be recovered by action of debt or information in the supreme court of this state with

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VIII. And be it further enacted, That at the expiration of the said leases it shall be optional with the legislature either to take all or any or either of the said works, paying to the then owners the then true value thereof, to be ascertained by proper persons to be appointed by the legislature for the purpose, or to grant a new lease to the owner upon the terms and conditions aforesaid, for the further term of seven years.

IX. And be it further enacted, That if any person shall at any time after the first day of July next, enter upon or able to profe- occupy any part of the said salt marsh or the land adjoining the same and reserved to the use thereof, without having obtained a lease for the same, it shall be the duty of the superintendent to give information thereof to the attorney-general of this state, who shall thereupon cause proper suits to be commenced and prosecuted against every such person.

Preamble.

TWENTY-FIRST SESSION. CHAP. LX. An ACT supplementary to the Act, entitled " An Act concerning the Salt Springs in the County of Onondaga.” Passed March 30th, 1798.

W concerning the salt springs in the county of Ononda

HEREAS in pursuance of an act, entitled An act

ga, certain of the said salt springs have been leased to sundry persons on the condition, among others, that the lessees respectively pay a rent of four cents on every bushel

of salt manufactured on the premises; And whereas, for the want of store-houses, the superintendent has not been able to receive and take an account of the salt manufactured as aforesaid, and charge the rent or duty payable thereon: Therefore,

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I. Be it enacted by the People of the State of New-York, Duty of the represented in Senate and Assembly, That if any of such lessees shall, on or before the first day of May next, deliver to the superintendent an account under oath, of the quantity of salt, as nearly as he can ascertain it, which shall have been manufactured on the premises, of which he is a lessee, from the commencement of his lease till within six days next preceding that day, and shall pay the rent which therefrom appears to be due, he shall be considered as having paid his rent in full to that day; and if such lessee, from whom rent shall afterwards become due as aforesaid, shall at the expiration of every three months thereafter, until the superintendent shall signify that he has a store ready to receive salt as by the said act is directed, render an account and pay in the same manner all the rent then become due, he shall be considered as having so far paid his rent in full; and if any lessee or lessees shall Liable to refuse or neglect to render any such accounts and pay profecution the rents which have or shall so become due, it shall be the duty of the superintendent to give information thereof to the attorney-general of this state, who shall thereupon prosecute such lessee or lessees on the covenants of his or their lease.

II. And be it further enacted, That if any lessee or lessees shall on or before the said first day of May next, execute a sufficient indorsement on his or their lease, purporting that instead of the covenant therein contained obligat ing him or them to pay four cents for every bushel of salt manufactured on the leased premises, he or they obligate themselves as a condition of holding the said leased premises, to pay a rent at the rate of two cents per month for every gallon of the capacity of the kettles or pans he or they shall use for the boiling or manufacturing of salt on the said premises, and permit the superintendent to take the capacity of such kettles or pans as often as he shall judge necessary, and also to render an account of and pay such rent within six days next after the expiration of every quarter of the year during the term of the said lease, and that they will moreover conform to the further regulations prescribed by this act, then such indorsement shall thenceforth be taken and construed as being in the place and stead of the covenant as aforesaid, obligating the lessee or lessees to pay a rent of four cents on every bushel of salt manufactured on the said leased promises; and to carry into effect the foregoing provision, the surveyor-general

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shall deliver the counter parts of the said leases lodged with him to the said superintendent.

III. And be it further enacted, That such lessees as shall by their act as mentioned in the preceding section, elect to pay rent according to the capacities of their kettles or pans, shall once in every week deliver an account to the superintendent of all the salt they shall have respectively made in the preceding week, and shall then have a right to sell the same on the premises, any thing in the act aforesaid to the contrary notwithstanding; but they shall not sell or suffer to be sold any salt from their factories in quantities larger than three bushels, otherwise than in casks, boxes or barrels well made of seasoned timber and by them respectively branded with the initials of their respective first names, and all the letters of their surnames or firms, and the number of bushels contained in each of such casks, boxes and barrels, and likewise inspected by the superintendent and branded with the initial of his first name and his surname at large, and all salt made and sold at such manufactories shall be sold by weight, at the rate of fiftysix pounds per bushel.

IV. And be it further enacted, That the superintendent plying for un be and he is hereby authorized to give permission to any person applying for any of the unoccupied lots containing salt springs which have been laid out or shall be laid out as hereinafter is directed, to erect works thereon for the manufacturing of salt, and if such applicant shall within four months thereafter have prepared a manufactory on such lot complete with kettles or pans, of the capacity of three hundred and forty gallons, it shall be lawful for the superintendent in behalf of the people of this state, to lease to him such lot, for a term to be completed and ended on the twentieth day of June, in the year one thousand eight hundred, on the conditions prescribed by the before recited act and by this act, and stipulating that the rent to be paid in consideration for the same, be estimated in the manner aforesaid, according to the capacity of the kettles or pans used on the premises.

Superintend ent authoriz and leafe lots.

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V. And be it further enacted, That where at any of the salt springs, occupied or applied for as aforesaid, near the salt lake in the county of Onondaga, lots have not been. laid out comprehending the same, it shall be lawful for the superintendent to lay out lots agreeably to the directions of the before recited act, and having made maps and descriptions thereof, approved by the surveyor-general and filed in his office, the superintendent is hereby authorized to lease in manner aforesaid such lots to such occupants or applicants respectively.

VI. And be it further enacted, That the superintendent. shall on the ground adjoining to the southeast side of Freestreet, so named on the map of the salt springs made by

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