2 judge proper for the purpose hereafter mentioned: Provided always, That no lot fhall exceed in quantity two hundred acres. 3 II. And be it further enacted, That it fhall be lawful for the commiffioners of the land-office, from time to time, to direct the furveyor-general to fell the unappropriated lands belonging to this flate, and not otherwife directed to be difpofed of, at public vendue, in such parcels as they fhall deem moft for the interest of the ftate, and for the promotion of the fettlement thereof : 4 Provided, That not more than twenty thousand acres shall be fold at one vendue, and that no one parcel of fuch land, exceeding two hundred acres, shall be separately exposed to sale.

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III. And be it further enacted, That it fhall be the duty of the furveyors who fhall furvey any unappropriated lands in order to a fale thereof, pursuant to this act, to appraise the value of each lot, exclufive of the improvements thereon, (in case such improvements exceed the value of fixty dollars) which appraisement they fhall deliver, together with the returns of fuch furveys and maps of the lots fo furveyed, and a field book containing an account of the foil, timber and local advantages of each lot to the 6 furveyor-general; a copy whereof shall be filed in the fecretary's office, for the private information of the commiffioners of the land-office.

7 IV. And be it further enacted, That the commiffioners of the land-office, fhall previous to every fale, furnish the furveyor-general with an account of the prices, below which it fhall not be lawful for him to fell any of the faid lots.

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V. And be it further enacted, That the furveyor-general fhall make, or caufe to be made, a map of each of the faid tracts fo to be furveyed as aforefaid, diftinguishing on fuch maps the town 9 and county in which fuch lots are fituate; which maps fhall be fixed up in the faid furveyor-general's office, and one copy, to be furnished by him, fhall also be fixed up in the office of the fecretary of this state, to be infpected by any perfon whatsoever every day, Sundays excepted, during the ftated hours of doing business 10 in the faid office; and the faid maps fhall after the fale of the land defcribed thereon, be filed in the offices of the faid furveyor-general and fecretary refpectively.

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VI. And be it further enacted, That the land directed to be fold as aforefaid, fhall be fold by the furveyor-general, to the highest 12 bidders at public vendue; of the time, place and conditions of which fales, eight weeks previous notice fhall be given in the newspaper published by the printer of the state, and in one other newlpaper publifhed in the city of Albany, and in one other in the city of New-York, and all the new fpapers published in the feveral counties where the lands to be fold are fituate; and every fale fo to be made, fhall be on the condition that in forty-eight hours thereafter the one eighth part of the confideration money be paid to the furveyor-general, and the remainder in fix equal payments, in each fucceffive year thereafter, with intereft, at the 13 rate of fix per cent per annum : Provided, That nothing in this

claufe contained, shall be construed to authorize the fale of any of the faid lands under the appraised value thereof as herein before directed.

VII. And be it further enacted, That within forty-eight hours 14 after each fale, the purchafer of each tract fhall pay to the furveyor-general the faid one eighth part of the purchase money, and execute a penal obligation, conditioned for the payment of the refidue to the people of the state of New-York in manner aforefaid; and on delivery of fuch obligation to the furveyor-gen- 15 eral, and on receipt of fuch payment, he fhall give fuch purchaser a certificate containing the name of the purchafer, a description of the land purchased, and the price bid for the fame; and when- 16 ever any fuch purchafer, or his legal reprefentative, or affigns, fhall produce fuch certificate to the commiffioners of the land-office, with a receipt or receipts of the treasurer indorfed thereon, for the whole of the purchase money, it shall be the duty of the commiffioners of the land-office to cancel fuch obligation, and to caufe letters patent to iffue for the lands defcribed in fuch certificates; and if any purchafer shall refufe or neglect to make fuch 17 payment, and to deliver fuch obligation to the furveyor-general as aforefaid, he fhall, for every fuch refufal or neglect, forfeit the fum of fifty dollars, for each lot fo by him purchased, to be recovered with cofts of fuit by the furveyor-general, in an action of debt, in any court having cognizance thereof, at the expense and for the ufe of the people of this ftate.

VIII. And be it further enacted, That if any tract of land to be 18 fold as aforefaid, fhall be occupied and improved at the time of paffing this act, to the value of twenty-five dollars, the occupant of fuch improvement fhall be entitled to recover from the purchafer, the value thereof, at the time of fuch fale, to be afcertain- 19 ed by appraifers, one of whom to be nominated by fuch occupant, another by the purchaser, and a third, in cafe of their difagreement, by the other two; and if either fuch occupant or purchas er fhali, on the application of the other, refufe or neglect to make fuch nomination, and fuch neglect or refufal fhall be proven to the fatisfaction of the furveyor-general, the furveyor-general, fhall appoint appraisers to afcertain the value of fuch improvement, for the purpose aforefaid, and the purchafer and occupant fhall each pay one half of the expenfe of fuch appraisement and 20 the commiffioners of the land-office are inhibited from caufing < letters patent to be iffued for any fuch tract of land, until fatisfactory proof be produced that the purchaser has in manner aforefaid, or otherwife, fatisfied the occupant of fuch tract for his improvements thereon, according to the true intent of this act.

IX. And be it further enacted, That the furveyor-general fhall 21 deliver the obligations which he fhall receive as aforefaid to the comptroller; and if any one payment ftipulated in any fuch obli- 22 gation thall remain due one year after the fame ought to have been made, the commiffioners of the land-office shall either direct the comptroller to put fuch obligations in fuit, or the furveyor

general to fell in manner aforefaid, the land for the payment of 23 which fuch obligation fhall have been given: And further, That all previous payments made on account of the fame land fhall be forfeited to the people of this flate.

24 X. And be it further enacted, That in order to enable the furveyor-general to make the furveys and fales directed by this act, the commiffioners of the land-office fhail from time to time certify to the comptroller the fums of money eftimated for the expenfes of the furveys and fales to be made as aforefaid, whereupon the comptroller shall iffue his warrant on the treafurer in favour of 25 the furveyor-general, for the mones fo certified, for which he shall account with the comptroller.

26 XI. And be it further enacted, That the power given to the commiffioners of the land-office by virtue of this act, to direct the fale of unappropriated lands, fhall be and hereby is extended to the lots laid out in the village of Salina, and not otherwife directed to be 27 difpofed of by this act; to the lands already furveyed in the Oneida refervation; and that the furveyor-general's appraisement of the lands laft mentioned, as reported to the legislature, fhall be the ftandard price, below which the fame lands fhall not be 28 fold: And further, That the report of the furveyor-general, and the papers accompanying the fame, made to the legislature during the prefent feffion, pursuant to the act, entitled "An act relative to the unappropriated lands of this flate; to prevent intrufions, and for other purpofes," fhall be filed and remain of record in the office of the secretary of this flate.

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XII. And be it further enacted, That the ftipulations and agreements on the behalf of this state by the agents thereof, contained in a treaty made with the Oneida nation of Indians on the fourth day of June laft paft, and the agreements and ftipulations contained in the treaty made by his excellency the governor, on the behalf of this ftate, with the Seneca nation of Indians, on the twentieth day of August last past, and filed in the fecretary's office of this ftate, be and the fame are hereby ratified and confirmed.

XIII. And be it further enacted, That his excellency the governor be and he is hereby empowered to agree with fuch perfon or perfons as fhall be authorized by the United States for that purpofe, for the fale of fuch quantity of the lands adjoining the FortNiagara, as fhall be neceflary for the accommodation of that poft, and to cede the right of the people of this state to the faid lands to the United States.

XIV. And be it further enacted, That the commiffioners of the land-office fhall iffue letters patent to Jafper Parish and Horatio Jones, their heirs and affigns refpectively, for the tracts of land which are ftipulated by the faid treaty with the Seneca nation of Indians to be granted to them.

XV. And be it further enacted, That it fhall and may be lawful for the Senecas and other Indians of the fix nations, to pass and repafs on their lawful bufinefs, on any turnpike road which may hereafter be eftablished from the town of Canandaigua to Buffaloe

creek or its vicinity, and over any toll-bridge that may be erected between thofe places, and alfo at the ferry across the Niagara river at or near Black rock, and at fuch other place or places in the vicinity of Black rock, where any ferry fhall hereafter be ereced, free of toll and ferriage, at all feasonable times of the day, and when the boats at fuch ferries are croffing with other paffengers or with freight: And whereas, Complaints have been made by the Indians of the fix nations, that obftructions are created in the Seneca river, whereby falmon are prevented from going up the faid river: Therefore,

XVI. Be it further enacted, That if any perfon or perfons fhall 33 make any obftruction in the said river, whereby the falmon may be prevented from going up the faid river, the perfon or perfons creating fuch obftructions fhall for every offence forfeit the fum of one hundred dollars, to be recovered in an action of debt, by any perfon who fhall fue for the fame in any court having cognizance thereof, together with the costs of fuit: And further, That all ob- 34 ftructions which have heretofore been made in the faid river, whereby falmon are prevented from going up the faid river, fhall be removed fo as to leave a free paffage for falmon up the river, within twelve months from the time of paffing this act, in default whereof the perfon or perfons who have made fuch obftructions, fhall forfeit the fum of one hundred dollars, to be recovered in like manner as aforefaid.

XVII. And be it further enacted, That the tract of land called 35 Stidman's farm, lying on the Niagara river, fhall be fold by the furveyor-general at public vendue to the highest bidder, for a term not exceeding eight years; and that the furveyor-general and the purchaser fhall mutually execute and interchange leases for the fame, with fuch covenants and provifos as the commiffioners of the land-office fhall direc: And further, That the purchaser 36 fhall give fuch fecurity to the people of this ftate as shall be required and approved of by the furveyor-general, for the fulfilment of the conditions and agreements in the faid leafe: And whereas, Martenus Rotfkin, Hanyost Decanonfongotha and Ifaac Shorewafken, Indians of the Oneida nation, have petitioned the legislature that certain parcels of land in the tract laft ceded to the people of this flate by the Oneida nation of Indians, may be granted to them refpeclively, for their feparate ufe: Therefore, XVIII. Be it further enacted, That it shall be lawful for the 37 furveyor-general to convey to the above named three Indians, and their refpective heirs, three hundred and twenty acres of the tract of land laft mentioned, in the following proportions, that is to fay: To the faid Martenus one hundred and fixty acres, to the faid Hanyoft and said Ifaac, each eighty acres, at a price fifty per cent lefs than the valuation of the faid land expreffed in the furveyor-general's report to the legiflature: Provided nevertheless, That the faid three Indians fhall refpectively, at or before the delivery of the faid conveyances, pay into the treafury the eighth part of the purchase money, and execute mortgages to the people

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of this ftate, to fecure the payment of the refidue in three equal yearly inftalments, with intereft, at the rate of fix per cent: And provided further, that the faid three Indians, fhall be and hereby are interdicted from alienating the said lands.

XIX. And be it further enacted, That it fhall be lawful for the commiffioners of the land-office, to leafe the ferry at or near Black rock, on the Niagara river, together with one hundred acres of land, to be laid out north of and adjoining the lands which may be ceded to the United States for a military post, and to extend. from the faid river to the Holland purchase, for fuch a term not exceeding eight years, and upon fuch conditions as they fhall judge reafonable.

XX. And be it further enacted, That the fale of, the feveral farms and landing and carrying places on the Niagara river, tos gether with fuch quantities of land adjoining the fame as ther commiffioners of the land-office fhall deem neceffary for the accommodation of ferries, landing and carrying places is hereby inhibited.

40 XXI. And be it further enacted, That it fhall be lawful for the commiffioners of the land-office to receive propofals in writing for leafing the old carrying and landing places, and the ferry acrofs the Niagara river, oppofite to Queenstown, at the village laid out by the furveyor-genera! on the faid Niagara river; together with fuch tracts of land in the vicinity thereof, as the faid commiffioners fhall deem reasonable; Provided always, That each tract shall contain not lefs than two hundred and fifty acres, nor include more of the village lots than may be neceffary for the erection and accommodation of the wharf and ftore houfes herein after mentioned.

41 XXII. And be it further enacted, That it Thall be lawful for the faid commiffioners to leafe the faid carrying and landing places and ferry, to fuch perfon or perfons as wil for the deaft number of years contract, and give approved fecurity

fioners, to erect a good and fufficient wharf the faid commif

two good and fufficient ftore houfes thereon, at fuch places as the faid commiffioners fhall defignate for that purpofe; and alfo to make a good and convenient road from the highest part of the bank down to 42 the faid wharf: and that the said commiffioners fhall, by an advertifement defcribing the manner of conftructing the faid wharf, and the dimenfions of the faid ftore houfes, give eight weeks public notice in the feveral newspapers above mentioned, of receiving propofals for the purpose aforefaid: and that the faid commiflioners fhall infert in the faid leafe fuch covenants and conditions as they shall deem neceffary to enfure a faithful performance of the ftipulated terms on the part of the leffee, and for the peaceable furrender of the demifed premifes, with the wharf, flore houses and other improvements, in good and fufficient repair, at the expiration of the term.

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XXIII. And be it further enacted, That fo many of the lots in the village aforefaid as the commiffioners of the land-office thall