Canal how to be construct ed. Funds how te be raised. Tolls. Name. Supply of wa ter to be ascertained. Estimates of probable a venue and in the town of Madison, and thence in the valley of the Skenando creek, through the town of Augusta, to Vernon, and thence to some point on, the Erie canal, is practicable, and would be more for the interest of the state to construct, than the route through the vallies of the Oriskany and Sawquoit creeks; and if, after such examinations, the commissioners shall be of opinion that it would be more for the interest of the state to adopt such route for the canal, than that of the Oriskany and Sawquoit, then they shall construct the same in the valley of the Skenando, instead of the valley of the Oriskany. $3. The canal shall be constructed of the same width and depth as the Erie canal; and the locks shall be made of wood, supported by stone walls, in the manner recommended by Mr. Hutchinson, engineer, in the report of his survey, made during the fall of eighteen hundred and twenty-seven, and presented to the legislature during the last session. $ 4. The commissioners of the canal fund shall, from time to time, borrow on the credit of the state, at an interest not exceeding five per cent., such sum or sums of money as shall be necessary to construct said canal, in amount not exceeding one million of dollars; for which monies, certificates of stock shall be issued, in the manner directed in and by the act, entitled "An act to improve the funds and provide for the redemption of the funded debt of this state." $5. All tolls to be collected upon the canal to be constructed by virtue of this act, are hereby appropriated and pledged for the interest and final liquidation of the principal of such sums borrowed; and such tolls shall at no time be less than those which now are, or hereafter may be, established by law, on the Erie and Champlain canals. $6. Such canal shall be known by the name of "The Chenango Canal." $7. The canal commissioners shall not proceed to construct said canal, unless they shall be first satisfied by actual survey and estimates, that there will be an adequate supply of water for the summit level, without taking any of the waters of either the Oriskany or Sawquoit creeks; that the cost of the construction of said canal will not exceed one million of dollars; and also that said canal will produce to the state, in connection with the increased tolls on the Erie canal, for the first ten years after its construction, an amount of tolls, which shall be equal to the interest upon its cost, together with repairs and expense of attendance. $8. For the purpose of ascertaining the practicability, cost, and mount of re- nett proceeds of said canal, the said commissioners shall cause the route of said canal to be carefully and fully surveyed, and estimates of the probable amount of revenue to be derived therefrom, to be made as early in the ensuing summer as practicable. Ib. To report. $9. If the canal commissioners shall be of opinion that the cost of the construction of said canal will exceed one million of dollars, or that there shall not be a sufficiency of water, or that it will not produce for the first ten years after its construction, an amount of tolls which shall be equal to the interest upon its cost, together with repairs and expense of attendance, they shall report to the next legis lature on the first day of the session thereof, their surveys and esti mates. An act authorising the construction of the Crooked Lake Canal. missioners to nal. $1. The canal commissioners are hereby authorised and required Canal comto proceed with all practicable diligence, to construct and complete construct ca a canal from Crooked lake down the outlet thereof to Seneca lake, or to construct on said route wholly, or in part, a slack water navigation, under the following restrictions and conditions. To cause sur veys, &c. to $2. The said commissioners shall cause an examination, surveys, levels and estimates to be made by a competent engineer, to deter- be made. mine whether a sufficient supply of water for all seasons may be obtained from Crooked lake without diminishing the supply afforded by the natural stream, to the hydraulic works on said outlet, either by raising the water in the lake above high water mark, by constructing a dam across or near the outlet, or by deepening the channel in the outlet, and constructing a guard lock, or upon any other approved plan. pursued. $3. If upon such examination, surveys, levels and estimates, it Plan to bo shall be ascertained to the satisfaction of the commissioners, that a plan can be adopted, by which said canal or slack water navigation can be supplied with water without injury to said hydraulic works, then such plan shall be pursued in the construction of the work. $4. The construction of said canal or slack water navigation shall Construction not be commenced, unless, of canal when to com 1. The owners of all the hydraulic works shall have first executed muce. in due form of law, a release to the state of all damages which they or their legal representatives may thereafter sustain by reason of the construction of such canal or slack water navigation: and 2. Unless the canal commissioners shall receive good and sufficient security to construct said canal complete, for a sum not exceeding one hundred and twenty thousand dollars: 3. In case any such owners shall refuse to execute such release, or be under legal disability to execute a valid release, the damages of such owners so refusing or under legal disability, shall have been first assessed and paid or tendered, as hereinafter provided. $5. When any such owner shall refuse to execute such release, Estimate of or be under a legal disability to execute the same, the canal apprais- damages. ers shall estimate the expected damages of such owner; and in making such estimate, they shall take into consideration the plan which the commissioners have adopted for increasing the natural supply of water from the lake, and also the expected benefits to such owner from the construction of said improvement. Ib. $6. If upon such appraisement no damages shall be assessed to . such owner, the adjudication of said appraisers thereupon shall be regarded as a full exoneration of the state from all claim by such owner or his legal representatives, to any future claim for damages. $ 7. If damages shall be awarded to any such owner, the amount On payment thereof shall be raised by private contribution, and paid to one of the the same. or tender of To enter upon and com canal commissioners, and such commissioner shall pay or tender the same to such owner or other person authorised to receive the same; and upon such payment or tender, the state shall be forever thereafter exonerated and discharged from any future claim for such damages by such owner or his legal representatives. $8. Upon the execution of releases by all such owners as will plete canal. execute the same as aforesaid, and the assessment and payment or tender of damages, when damages may be awarded to such owners as refuse to execute releases or are disabled from executing the same as aforesaid, the commissioners shall enter upon and complete the said canal or slack water navigation; and in constructing the same shall avoid as much as possible any injurious interference with said hydraulic works. Size of canal. Money to bo borrowed on the stato. $9. Said canal or slack water navigation shall be so constructed as to admit of the passage of boats which navigate the Erie canal; and the locks shall be made with chambers of wood, and either supported by stone walls, or constructed upon some other approved plan. $10. The commissioners of the canal fund shall borrow on the the credit of credit of the state such sum as shall be necessary to construct said work, at an interest not exceeding five per cent., and in amount not exceeding one hundred and twenty thousand dollars, for which money certificates of stock shall be issued in the manner directed in and by the act, entitled "An act to improve the funds and provide for the redemption of the funded debt of this state." From what fund. Tolls pledged est. $ 11. The stocks to be issued under this act, shall be taken by the commissioners of the canal fund at the par value thereof, and paid for out of the unappropriated surplus moneys of that fund whenever such surplus shall be in their hands, and no moneys shall be borrowed in any other manner under the provisions of this act. S 12. All tolls to be collected upon the canal or slack water nafor the inter-vigation hereby authorised to be constructed, are appropriated and pledged for the interest and final liquidation of the principal of the sum borrowed for its construction; and such tolls shall at no time be less than those which now are or hereafter may be established by law on the Erie and Champlain canals. Name of the canal. Canal to be S 13. The improvement hereby authorised, shall be known by the name of "The Crooked Lake Canal." An act authorising the construction of a canal from the head of Seneca Lake to Elmira. Passed April 15, 1829. Chap. 135, p. 231. $ 1. The canal commissioners are hereby authorised and required constructed. to proceed with all practicable diligence, to construct and complete a navigable canal from the head waters of the Seneca lake, to the Chemung river, (a branch of the Susquehannah,) at the village of Elmira, and also a navigable feeder from the summit level to the Chimney narrows on the Chemung river, in the town of Painted Post: Provided, That due notice being given of the letting of the contracts for the construction of the said canal and feeder, the commissioner or Proviso. Commissioners letting the said contracts, shall receive proposals, accompanied with good and sufficient security to construct and complete the said work for a sum or sums which in the aggregate shall not exceed the sum of three hundred thousand dollars, with locks to be constructed with chambers of wood, and either supported by stone walls or finished upon some other approved plan; and for the accomplishment of the work, and the regulation and use of the same, and collecting the tolls thereon, the like powers are hereby conferred on and extended to the canal commissioners and the canal board, as they have possessed and now possess under the several laws of this state, relating to the Erie and Champlain canals. borrowed on $2. The commissioners of the canal fund shall be, and they are Money to be hereby authorised and directed to borrow, from time to time, on the the credit of credit of the state, at an interest not exceeding five per centum per the state. annum, such sum or sums of money as shall be necessary to construct and complete the said canal and feeder, in amount not exceeding three hundred thousand dollars, for which monies so to be borrowed, certificates of stock shall be issued in the manner directed in and by the act, entitled "An act to improve the funds and to provide for the redemption of the funded debt of this state," and to pay the monies so to be borrowed to the canal commissioners, to be applied in the construction of the aforesaid work. to be released, to the state. 53. No monies shall be borrowed by virtue of this act, and the Certain rights constructing said canal shall not be commenced until the Seneca and to Susquehannah lock navigation company, incorporated by an act passed March 31st, 1815, entitled "An act for opening the navigation between the head waters of the Seneca lake and the Chemung river, shall have released to and vested in the people of this state, all the rights, powers, privileges and immunities granted by the said act to the said company. ed. 34. All tolls to be collected for the use of the said canal and feed- Tolls pledg er, to be constructed by virtue of this act, shall be and hereby are appropriated and pledged for the payment of the interest and final liquidation of the principal to be borrowed by virtue of this act; and such tolls shall at no time be less than those which now are or hereafter may be established by law on the Erie and Champlain canals. $5. The canal hereby authorised and directed to be constructed, Name of the shall be known by the name of "The Chemung Canal." Acts relating to the Salt Springs and Salt Lots. An act supplementary to the act, entitled "An act in addition to, and amending the several acts in relation to the salt springs in the county of Onondaga, passed April 3, 1821." Passed April 12, 1822. Chap. 177, p. 173. caual. $7. And be it further enacted, That as an encouragement to Bounty on the manufacture of coarse salt in the western district of this state, a coarse salt. bounty of three cents per measured bushel shall be paid the manufacturers, on all the coarse salt which shall be manufactured in the western district, and which shall be delivered on the banks of the Salt manufacturing lots. Hudson river, or at Buffalo, on the shores of Lake Erie, or which shall be shipped from Oswego to the province of Upper Canada, for the term of five years from and after the expiration of the term of five years from the time of passing this act, not to exceed one hundred thousand bushels of salt to one company or individual, in any one year, and which bounty shall be paid to the two first manufactories of coarse salt owned by individuals or companies, which shall first, and within five years, manufacture one hundred thousand bushels of coarse salt each, in said district. The fact of having manufactured such quantity of salt within the time above set, shall be determined by the returns of the superintendent of the salt springs in the said town; and the quantity delivered on the banks of the Hudson river, and at Buffalo, by the certificate of the collector of tolls nearest the banks of said river, and the village of Buffalo, and of such exportation to Canada, by the certificate of the custom house officer at Oswego, accompanied with an affidavit of the captain or commander of the boat or vessel in which said salt shall be shipped, that the salt so mentioned in the certificate of the said collector of Oswego, has been actually delivered at some port in Canada, and the fact of such salt having been manufactured at such works, by the certificate of the superintendent of salt springs; and the comptroller of this state, on the production of the evidence aforesaid, shall make his warrant on the treasurer from time to time, for the amount of such bounty, who shall pay the same out of any unappropriated monies of this state in the treasury. An act regulating the manufacturing of salt in the town of Salina. Passed April 21, 1825. Chap. 326, p. 473. $44. And be it further enacted, That it shall be the duty of the superintendent of the Onondaga salt springs, as soon as may be after the passing of this act, to lay out into salt manufacturing lots, of six rods in front as nearly as may be, the blocks of one hundred feet depth, bordering on the northeasterly side of the lateral canal, as laid out by the surveyor-general, from the Walton tract to the village of Salina, which have not already been so laid out; that if any individual or company having the right to any such lot, or to any other lot laid out according to the provisions of the act, entitled "An act to amend the several acts in relation to the salt springs in the county of Onondaga," passed April 23d, 1823, as a salt manufacturing lot, shall have erected on such lot a suitable and convenient salt manufactory, to contain a good and sufficient building, with ample store-rooms, and proper and suitable reservoirs or cisterns for holding salt water, and a block of kettles not less than fourteen in number, of the capacity of at least ninety gallons each, well set therein, it shall be the duty of the superintendent to lease such lot to him or them, on the same terms and conditions as are imposed in the leases of the salt manufacturing lots laid out under and by virtue of the last mentioned act, and to exProviso. pire at the same time with those leases: Provided, That not more than one manufactory of two blocks of kettles shall be erected on any one of such lots. |