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Of the Canal Commissioners on the petition of John
The Canal Commissioners, to whom was referred, by the Assembly, the petition of John Gregg, respectoly submit the following
The petitioner represents that he was, and still is the owner of two village lots, situate on Front or Water-street, in the village of Elmira, in the county of Tioga; one of the lots extending across said street to low water mark of the Tioga river, and the other extending to the north side of the street; containing about half an acre in each lot: that before the construction of the Chemung canal, dwelling-houses and other buildings were erected on each of these lots: that the canal passses through, and takes up the whole of the east lot, except a small piece on the cast side: that petitioner's lots and buildings were injured by the construction of the canal and caving in of the lock pit.
The petitioner further represents, that the lock on said canal, in the village of Elmira, is on the north line of Front or Water-street, opposite the east end of his house, which is on his west lot, about four rods from the bank of the river.
The petitioner further represents, that there is more or less waste or surplus water flowing from the lock into the river; and for the reason that he owns the land on both sides of the lock and
to the river at low water mark on one side, and in consideration that his lot has been used for the benefit of the said canal, he pray* that he may be permitted to use the waste or surplus water flowing from said lock into the said river.
The petitioner represents himself to be the owner of the land on both sides of the lock at Elmira. From an examination of the map of the Chemung canal, and from information derived from the engineer who had the charge of the construction of that canal, it appears that all of petitioner's land on the east side of the lock was appropriated to public use, and is now claimed as the property of the State. The petitioner probably made this representation under a mistake as to the extent of the appropriation for the canaly and not with an intention of misrepresenting his case. He appears to be the owner of the land on the west side of the lock.
The Commissioners can see no difference between this case and the case of Charles Orwan, this day reported upon by them, except that the petitioner in this case is the owner of the land on one side of the lock and Orwan is not. They, therefore, respectfully refer to that report fofkJhe reasons why, in their opinion, no lease or grant of the use of the surplus water at this place should be made.
JONAS EARLL, Jtiwo,
January 28, 1836.
January 27, 1836.
Prom the Governor, transmitting a copy of a preamble and resolutions passed by the Legislature of the State of Georgia.
TO THE ASSEMBLY.
I have the honor herewith to transmit to the Legislature, a copy of a preamble and resolutions passed by the Legislature of the State of Georgia in relation to the movements of the abolitionists of the north.
I am, with great respect,
Your ob't serv't,
W. L. MARCY.
Albany, January 27, 1836.