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anissioners

continued.

Authorised

to commence

canal, &c

people of this state, at a rate of interest not exceeding six per centum per annum, and not exceeding in any one year a sum which, together with the net income of the said fund, shall amount to four hundred thousand dollars; for which monies, so to be borrowed, the comptroller shall issue transferable certificates of stock, payable at such time or times as may be determined by the said board; out of the said fund to pay to the canal commissioners hereafter mentioned, the monies so to be borrowed and the income of the said fund, reserving at all times sufficient to pay the interest of all monies that shall have been borrowed by the said board; to recommend from time to time to the legislature, the adoption of such measures as may be thought proper by the said board for the improvement of the said fund, and to report to the legislature at the opening of every session thereof the state of said fund; and that the comptroller and treasurer shall open separate books, and keep the accounts of the said fund distinct from the other funds of the state.

II. And be it further enacted, That the commissioners appointed Former com- by the act, entitled "an act to provide for the improvement of the internal navigation of this state," passed April 17, 1816, shall continue to possess the powers thereby conferred, and be denominated "the canal commissioners;" and they are hereby authorised and empowered, in behalf of this state, and on the credit of the fund herein pledged, to commence making the said canals, by opening communications by canals and locks between the Mohawk and Seneca rivers, and between lake Champlain and the Hudson river; to receive from time to time from the commissioners of the canal fund, such monies as may be necessary for and applicable to the objects hereby contemplated; to cause the same to be expended in the most prudent and economical manner, in all such works as may be proper to make the said canals; and on completing any part or parts of the works or canals contemplated by this act, to establish reasonable tolls and adopt all measures necessary for the collection and payment thereof to the commissioners of the canal fund; that a majority of the said commissioners shall be a board for the transaction of business, each of whom shall take an oath well and faithfully to execute the duties of his office, and shall report to the legislature at each session thereof, the state of said works and expenditures, and recommend such measures as they may think advisable for the accomplishment of the objects intended by this act and in case of any vacancy in the office of commissioner, during the recess of the legislature, the person administering the government may appoint a person to fill such vacancy until the legislature shall act in the premises.

Vacancies how Alled.

May take

Rossession of lands, &e.

III. And be further enacted, That it shall and may be lawful for the said canal commissioners, and each of them, by themselves and by any and every superintendant, agent and engineer employed by them, to enter upon, take possession of, and use all and singular any lands, waters and streams necessary for the prosecution of the improvements intended by this act, and to make all such canals, feeders, dykes, locks, dams and other works and devices as they may think proper for making said improvements, doing nevertheless no unnecessary damage; and that in case any lands, waters or streams, taken and appropriated for any of the purposes aforesaid, shall not be given or granted to the people of this state, it shall be the duty ●

to be appoint

taken.

the canal commissioners, from time to time, and as often as they think reasonable and proper, to cause application to be made to the justices of the supreme court, or any two of them, for the appointment of appraisers; and the said justices shall thereupon, by writing, Appraiser appoint not less than three nor more than five discreet, disinterested ed. persons as appraisers, who shall, before they enter upon the duties of their appointment, severally take and subscribe an oath, or affirma- Oath to be tion, before some person authorised to administer oaths, faithfully and impartially to perform the trust and duties required of them by this act; which oath or affirmation shall be filed with the secretary of the canal commissioners; and it shall be the duty of the said appraisers, or a majority of them, to make a just and equitable estimate and appraisal of the loss and damage, if any, over and above the berefit and advantage to the respective owners and proprietors, or parties interested in the premises, so required for the purposes aforesaid, by and in consequence of making and constructing any of the works aforesaid; and the said appraisers, or a majority of them, To make en shall make regular entries of their determination and appraisal, with tries. an apt and sufficient description of the several premises appropriated for the purposes aforesaid, in a book or books to be provided and kept by the canal commissioners, and certify and sign their names to such entries and appraisal, and in like manner certify their determination as to those several premises which will suffer no damages, or will be benefited more than injured by or in consequence of the works aforesaid; and the canal commissioners shall pay the damages so to be assessed and appraised, and the fee simple of the premises, so appropriated, shall be vested in the people of this state.

Western I.L

vested in this state.

IV. And be it further enacted, That whenever, in the opinion of the canal commissioners, it shall be for the interest of this state, for Title of the the prosecution of the works contemplated by this act, that all the in- N. C. may be terest and title, (if any) in law and equity, of the Western inland lock navigation company, should be vested in the people of this state, it shall be lawful for the said canal commissioners to pass a resolu tion to that effect; and that it shall then be lawful for the president of the canal commissioners to cause a copy of such resolution, with a notice signed by himself and the secretary of the said commissioners, to be delivered to the president or other known officer of said company, notifying the president and directors of the said company, that an application will be made to the justices of the supreme court, at a term thereof to be held not less than thirty days from the time of giving such notice, for the appointment of appraisers to estimate the damages to be sustained by the said company, by investing in the people of this state, all the lands, waters, canals locks, feeders and appurtenances thereto acquired, used and claimed by the said company, under its act of incorporation, and the several acts amending the same; and it shall be the duty of the justices appoint apaforesaid, at the term mentioned in the said notice, and on proof of praisers. the service thereof to appoint by writing, under the seal of the said I court and the hands of at least three of the said justices, not less than three, nor more than five, disinterested persons, being citizens of the United States, to estimate and apraise the damages aforesaid; and it shall be the duty of the said appraisers, or a majority of them, to estimate and appraise the damages aforesaid, and seve

S. court to

Tax on salt.

On steam

gers.

rally to certify the same, under oath, before an officer authorised to take the acknowledgment of deeds, to be a just, equitable and impartial appraisal, to the best of their judgment and belief, and shall thereupon deliver the same to one of the canal commissioners, who shall report the same to the said court; and if the said court shall be of opinion, that the said damages have been fairly and equitably assessed, the said justices, or any three of them, may certify the same on the said report; and the amount of the said damages, and the expense of the said appraisal, shall be audited by the comptroller, and paid, on his warrant, by the treasurer, out of the canal fund: and the people of this state shall thereupon be invested with, and the said canal commissioners may cause to be used, all the lands, waters, streams, canals, locks, feeders and appurtenances aforesaid, for the purposes intended by this act.

V. And be it further enacted, That for the purposes contemplated by this act, and for the payment of the interest, and final redemption of the principal of the sums to be borrowed by virtue hereof, there shall be and hereby are appropriated and pledged, a duty or tax of twelve and an half cents per bushel upon all salt to be manufactured in the western district of this state; a tax of one dollar upon boat passen- each steam boat passenger for each and every trip or voyage such passenger may be conveyed upon the Hudson river, on board of any steam boat, over one hundred miles, and half that sum for any Proceeds of distance less than one hundred miles, and over thirty miles; the profotteries, &c. ceeds of all lotteries which shall be drawu in this state, after the sums now granted upon them shall be paid; all the net proceeds of this state from the western inland lock navigation company; all the net proceeds of the said canals, and each part thereof, when made; all grants and donations made or to be made for the purpose of making the said canals; all the duties upon sales at auction, after deducting thereout twenty-three thousand and five hundred dollars, annually appropriated to the hospital, the economical school and the orphan asylum society, and ten thousand dollars hereby appropriated annually for the support of foreign poor in the city of NewYork.

Duty on O

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VI. And be it further enacted, That from and after the first nondaga salt. Tuesday of August next, there shall be paid and collected, in the manner now directed by law, upon all salt to be manufactured in the county of Onondaga, a duty of twelve and a half cents per bushel, instead of the present duties; and the like tax or duty of twelve and a half cents per bushel upon all other salt to be manufactured How collect in the western district of this state, which shall be collected by the superintendant of the salt springs, until otherwise directed by the legislature; and for that purpose he shall have a responsible deputy, residing at each place where salt is or may be manufactured, with the like powers, and subject to the like duties, as his present deputies; and that all the provisions, forfeitures, penalties and restrictions, contained in the laws relative to the duties upon Onondaga salt, so far as the same may be applicable, shall be in force for the purposes of enforcing the payment and collection of the tax or duties upon salt, hereby levied and imposed: And further, that the said superintendant, instead of a yearly report to the legislature, shall make a quarter yearly report to the commissioners of the

Per centage

canal fund, and pay into the treasury of this state on the first Tuesday of February, May, August and November, in each year, all the monies collected by him during the quarter preceding each of those days; deducting, in addition to what by law is now allowed to be deducted, five per cent. of the duties collected at all other salt for collecting works not situated in the county of Onondaga, and two per cent. of the duties upon Onondaga salt, as a compensation for collecting and paying over the same.

Commission

25,000 dollars

on lands ly.

VII. And be it further enacted, That it shall be the duty of the said canal commissioners, to raise the sum of two hundred and ers to raise fifty thousand dollars, to be appropriated towards the making and completing of the said canals, from the Mohawk river to the Seneca river, and from Lake Champlain to Hudson's river, by causing to be assessed and levied, in such manner as the said commissioners may determine and direct, the said sum of two hundred and fifty thousand dollars, upon the lands and real estate, lying along the To be levied route of the said canals, and within twenty-five miles of the same, ing along the on each side thereof; which sum, so to be assessed and levied, shall canals. be assessed on the said lands and real estate adjacent to the said several canals, in such proportion for each as the said commissioners shall determine; and the said commissioners shall have power to make such rules and regulations, and adopt such measures for the assessing, levying and collecting the sum or sums of money, either Land may be by sale of the said lands or otherwise, as they shall deem meet; and the said assessment shall be made on said lands according to the beuefit which they shall be considered, by the said commissioners, as deriving from the making of the said canals respectively: Provided, Proviso that such rules, regulations and measures, shall, before they are carried into effect, be sanctioned and approved by the chancellor and judges of the supreme court, or a majority of them: and provided further, that if any company or individual, subject to such tax, shall subscribe any money or other property towards the completion of the said canals, the amount of such donation or voluntary subscription shall, if the same is less than the amount of the tax, be deducted therefrom, and if more, he or they shall be entirely discharged from the said tax.

sold.

passengers to

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under oath

VIII. And be it further enacted, That from and after the first day of May next, the aforesaid tax upon steam boat passengers Tax on shall be demanded, taken and received by each captain or master of steam boat every steam boat navigating the Hudson river; and that during be paid after each month thereafter, in which such boat shall be employed for the 1st May. conveyance of passengers, it shall be the duty of such captain or Captains to master to cause to be delivered to the comptroller of this state, a re- account to turn or account, sworn to before some officer authorised to adminis- comptroller ter oaths, stating the name of the boat, the number of trips made by such boat during such mouth, and the whole number of passengers conveyed on board such boat, at each of the said trips, over one hundred miles, and the number conveyed less than one hundred miles and over thirty miles, and pay into the treasury of this state, the amount of such tax collected during the time mentioned in the said return, deducting three per cent. thereof as a compensation for making such return, and collecting and paying over the said tax: And cent. for col further, that in case of any neglect or refusal, in making such re

Pp

Three per

Penalty for turn, or collecting and paying over the tax, as directed in and by meglect. this section, the captain or master so neglecting, shall forfeit and pay the sum of five hundred dollars, besides the amount of tax se directed to be collected and paid over, to be recovered in an action of debt, in the name of the people of this state, and for the use of the aforesaid fund.

Banks may

receive an in

terest of 7 per cent. &c.

charters exzended.

CHAP. CCLXIII.

AN ACT to amend the act, entitled" an act to incorporate the stockholders of the bank of Orange county, passed 6th of April, 1813, and for other purposes."

Passed April 15, 1817.

I. BE it enacted by the people of the state of New-York, represented in senate and assembly, That so much of the second section of the act, entitled “an act to incorporate the stockholders of the bank of Orange county," passed April 6th, 1813, as declares that no individual shall hold at any one time, more than two hundred shares of the capital stock of the said bank, be and the same is hereby repealed.

II. And be it further enacted, That the president, directors and company of each of the incorporated banks in the state of NewYork, shall hereafter be entitled to demand and receive an interest not exceeding seven per centum per annum, on all loans and discounts made by each of them for a longer period than sixty days, any thing in the acts of incorporation of any of the said banks to the contrary notwithstanding.

III. And be it further enacted, That the act incorporating the Certain bank middle district bank, and the act amending the same, and the act incorporating the president, directors and company of the bank of Newburgh, and the act amending the same, shall be and hereby are extended and continued in force until the first Tuesday of June, în the year one thousand eight hundred and thirty-two.

Preamble:

CHAP. CCLXIV.

AN ACT to incorporate the members of the New-York institution for the tnstruction of the deaf and dumb.

Passed April 15, 1817.

WHEREAS by a petition presented to the legislature from cer tain inhabitants of the city of New-York, it is represented, that they, together with their associates, have formed an institution for the purpose of affording the necessary means of instruction to the deaf and dumb, and also, to provide for the support and maintenance of those in that condition, whose parents are unable to maintain them during their course of tuition: Therefore,

1. BE it enacted by the people of the State of New-York, represented in Senate and Assembly, That all such persons as now are,

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