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Duty of com missioners

Recital

Waters of the
Wallkill may

greeing with

Phillips

extension of their powers accordingly, all which appears to be true, and the prayers of the petitioners reasonable: Therefore,

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That William Thompson, George D. Wickham, Archibald Owen, John Bradner and John J. McGregor, the commissioners under the act aforesaid, and their successors, be and they are hereby authorised and impowered in the Further prosecution of the draining of the said drowned lands, to cut, dig and open a canal or ditch from some point, spot or place upon the east side of the said river Wallkill, above or south of a certain tract of land called Horse island, to some point or spot upon and adjoining the east side of the mill pond of Dr. Gabriel N. Philips, on the most eligible route or course, and of such depth and size as may be found necessary or useful for leading or conducting off the waters of the said river Wallkill, in the further prosecution of the draining aforesaid; and for that purpose to use and occupy any lands which shall or may lie on, adjacent to, or near the route which shall or may be selected and designated for such ditch or canal, in excavating the same or in depositing the earth, stone or gravel removed by such excavation, or in any other useful and necessary way whatever; and to contract with the ower or owners of such lands for the damages they may sustain by reason thereof, or to cause and procure an appraisement of such damages in the manner prescribed in and by the fourth section of the act aforesaid, which damages so agreed on appraised as aforesaid, the said commissioners are hereby required to pay anterior to the use and occupancy of the lands as aforesaid.

And whereas there are valuable falls of water upon the said river Wallkill between the extremities of the canal which the said commissioners are hereby authorised to open, belonging to and in the occupancy of George Phillips, upon which there are now erected valuable mills and other improvements, and upon which others may be advantageously erected: And whereas the said canal may be abused to the prejudice and damage of the said George Phillips, his heirs or assigns, in depriving them of the waters of the said river Wallkill, in seasons of scarcity or otherwise; but it is believed that no prudent and beneficial use of such canal, for the purpose of the draining aforesaid, can or will produce such injurious effects: And whereas, it is extremely difficult by specific statuatory provisions to guard against such abuse: Therefore,

2. Be it further enacted, That before the waters of the said river Wallkill shall or may be let through the said canal, it shall be used on a be the duty of the said commissioners, and they are hereby authorised and impowered to agree and settle with the said George Phil lips, his heirs or assigns, upon such restrictions as the safety of the said George Phillips, his heirs or assigns, may require, and the con venience of the said commissioners may or can admit to be imposed upon them in the use of the said canal, and in case of disagreement it shall and may be referred upon the application of either party, to the court of common pleas, in and for the said county of Orange, to settle and determine such restrictions, which application the said court of common pleas are hereby authorised and required to ascer tain, and prescribe proper rules ro orders accordingly, and by suitable proceedings and process for that purpsse, to enforce obedience

to such rules or orders, or any of them, according to the practice of courts of justice in analagous cases.

redressed

3. And be it further enacted, That if it shall be found from expe- Grievances rience that such rules or orders, or any of them, are not or should be how to be supposed not to be adapted to the objects contemplated or intended, it shall and may be lawful for the party or parties conceiving himself or themselves aggrieved, to apply to the said court from time to time for a modification of the said rules or orders, or any of them, and upon such application the said court shall have authority to modify any or all such rules or orders, or to annul the same, and other or others to make and substitute; and if, upon such application, any or either of the parties should be desirous to have any fact or facts determined by a jury, it shall be the duty of the said court, and they are hereby empowered, upon motion for that purpose, to cause the same by a feigned issue, or other suitable poceedings, to be brought before such jury, and to be tried at bar in term time, in the manner and form usual in the trial of issues by a jury; and the said court are hereby authorised to make such order in relation to costs as shall be agreeable to equity and good conscience.

any

as to the use of the waters

4. And be it further enacted, That it shall not be lawful for the Prohibition said commissioners, nor any of them, nor for other person or persons, to use the waters which may or shall flow in or through the said canal, for propelling any mills, factories or machinery whatever, between the point where the same are taken out of, and the point where the same are returned to the natural channel of the said river Wallkill.

5. And be it further enacted, That if any violations of the pro- Penalties vision contained in the last preceding section of this act occur, in addition to common law remedies in such cases provided, any person conceiving himself or herself aggrieved may apply to the said court of common pleas for their interposition; and they are hereby empowered, upon such application, to cause notice to be given to the party charged; and if, at such time or times as the said court may appoint, it shall appear, by the shewing of the party applying, and the default of the party charged, or otherwise, that such violations have been committed, they are hereby authorised, by a rule or order for that purpose, to prohibit the continuation of such violations, and by process of attachment or otherwise to enforce obedience to such rule or order.

6. And be it further enacted, That it shall not be lawful for any person or persons whatever to erect or place in the said canal, or in the waters thereof, any dams, wiers, nets, racks, or any other obstruction or obstructions for the taking of eels, between the point where the water shall or may be received by the said canal from the natural channel of the said river Wallkill, and the point where the same shall or may be returned thereto, under the penalties and forfeitures provided in and by the twentieth section of the act, entitled "an act making provision for draining swamps and bog-meadows in the counties of Orange and Dutchess."

Dams prohibi

ted

7. And be it further enacted, That this act shall be considered A public‘net a public act.

32

Former act renewed

Legislature may repeal

CHAP. 217.

AN ACT to renew an Act, entitled "An Act authorising Elmore
Russell to build a Dam across the Susquehannah River, in the
Town of Windsor, in the County of Broome.

Passed April 15, 1826.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the act, entitled " An act authorising Elmore Russell to build a dam across the Susquehannah river, in the town of Windsor, in the county of Broome," passed March 29, 1809, be and the same is hereby renewed; and it shall and may be lawful for David Lane, his heirs or assigns, to erect, maintain and continue a dam across the Susquehannah river, at the place and in the manner prescribed in the said act, with all the rights, privileges and immunities, and subject to all the provisions, restrictions and limitations (except as to the duration of this act) in the said act contained.

2. And be it further enacted, That the legislature may, at any time, whenever the public good shall require the same, alter, repeal or modify this act.

Preamble

Survey to be made

Proviso

Lands to be taken for the

CHAP. 218.

AN ACT relative to the Western Branch of the Schoharie
Turnpike Road.

Passed April 15, 1826. WHEREAS the president and directors of the western branch of the Schoharie turnpike road, have by their petition under their corporate seal, presented to the legislature that it is necessary as well for the good of the public as for the interest of the said company to allow certain alterations to be made in the route of the said road, in order to avoid some hills, or to render them of more gradual and easy ascent: Therefore,

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the president and directors of the western branch of said road, to call on three of the judges of the court of common pleas of the county of Schoharie, not interested therein, whose duty it shall be to survey, lay out aud direct such alterations in the route of the said road and of the width of four rods, as they or a majority of them shall judge to be for the good of the public, and for the interest of the company: Provided said alterations taken together shall not exceed two miles in length in the route of said road; and that the said alterations shall in no place within one mile of the present site of the Middleburgh bridge, on the west side of the Schoharie creek, exceed twenty rods.

2. And be it further enacted, That when the said alterations or road any one of them are marked out and designated, it shall and may

be lawful for the president and directors aforesaid, to enter and take possession of the same, after paying the owner or owners of the lands, such compensation as shall be agreed on between the parties by exchange of those parts of the present route as shall be rendered useless to the said company, where such alteration shall have been made, or otherwise; and in case of disagreement, or if the owner or owners shall be feme covert, under age or out of the county, the damages, if any, shall be appraised by the judges who are authorised to make the before mentioned alterations.

the company

3. And be it further enacted, That when the said president and And vested in directors shall have completed the said alterations, in the form and manner pointed out in the original act of incorporation, then the same is hereby declared to be vested in said company.

4. And be it further enacted, That all such acts or parts of acts as are repugnant to this act, be and the same are hereby repealed; and the legislature may at any time alter, repeal or modify this act.

CHAP. 219.

AN ACT concerning the January Term of the Court of Common Pleas of the County of Essex.

Passed April 15, 1826.

1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That so much of the first section of the act entitled "an act concerning the terms of the court of common pleas and general sessions of the peace, in the counties of Essex, Clinton, Erie, Saratoga, Columbia, Franklin, Tioga, Dutchess, Ulster, Delaware and Allegany, and for other purposes," passed April 10, 1824, as relates to the January term of the court of common pleas in the said county of Essex, be and the same is hereby repealed.

Former act

repealed

CHAP. 220.

AN ACT concerning the Gospel and School Lots in the Towns of Governeur and Morristown, in the County of St. Lawrence.

Passed April 15, 1826.

chosen

1. BE it enacted by the People of the State of New-York, rep Three trus resented in Senate and Assembly, That it shall be lawful for the tees to be inhabitants of Governeur and Morristown in the county of St. Lawrence, qualified to vote at town meetings, at their annual town meetings to elect by ballot three trustees, being freeholders and inhabitants of the said towns, whose duty it shall be to take charge of the lots in said towns, assigned to the said town for the support of the gospel and school, and to receive the rents, issues and profits thereof, or the proceeds arising from the sale thereof, to the uses and purposes prescribed and mentioned in the act entitled "an act concerning the gospel and school lots," passed April second, one thousand

Bonds

eight hundred and thirteen, and the said trustees shall have the same powers and privileges, and be bound by and observe all the provisions contained in said act, with respect to the powers, privileges and duties of trustees under said act, and the inhabitants of the said towns of Governeur and Morristown, shall have and enjoy all and singular, the powers, rights and privileges in relation to the proceeds arising from the sale of the said lots, or the rents issues and profits thereof, as the inhabitants of the certain other towns therein named, have by virtue of the said act.

2. And be it further enacted, That the said trustees shall execute bonds in the manner prescribed in the act to amend the act entitled " an act concerning the gospel and school lots," passed April second, one thousand eight hundred and thirteen, which last act was passed at the present session of the legislature, and the said trustees shall have and exercise all the rights, privileges and powers conferred in and by the said act, on the trustees therein mentioned.

CHAP. 221.

AN ACT to provide for the Sale of the Otsequette Patent of

Land.

Passed April 15, 1826.

BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the commissioners of the land-office, to sell and convey in fee simple, to the occupants thereof, the Otsequette patent of land, situate in Westmoreland, county of Oneida, or any part or parcel thereof, on such terms as they shall judge equitable and just, under all the circumstances of the case: Provided, That in the opinion of the commissioners aforesaid, it shall be for the interest of the people of this state so to do.

Directions to

sing each

other

CHAP. 222.

AN ACT for the safety of Passengers in Steam-Boats, and of
Travellers by Land and by Water.

Passed April 17, 1826.

1. BE it enacted by the People of the State of New-York, repboats in pas resented in Senate and Assembly, That in all cases of steam-boats meeting each other on the Hudson river, when neither of the said boats is about to stop at any place or landing, each boat, so meeting, shall go towards that side of said river, which is to the starboard side of such boat, so as to enable the boats so meeting, to pass each other with safety; under the penalty of two hundred and fifty dollars, to be recovered against the captain, master or commander of the said boat which shall not obey this provision of this act, or against any person having the chief command or charge of such boat, for the time being, when such penalty shall be incurred, with

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