Chap. 350.

AN ACT for the relief of Alonzo M. Brinkerhoff and George W. Manchester.

Passed April 17th, 1858, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The canal board shall hear and determine the claim of Alonzo M. Brinkerhoff and George W. Manchester, contractors for the construction of the Woodhull reservoir, of Black River canal and Erie canal feeder, and shall award to them such sum of money as they shall be equitably entitled to (without including prospective profits), for the damages sustained by said contractors in consequence of the suspension of their work on the twelfth day of November, eighteen hundred and fitty-six, and abandonment of their work by resolution of the canal board, on the third day of September, eighteen hundred and fifty-seven, and for change of plan in constructing the reservoir.

§ 2. The treasurer shall pay on the warrant of the auditor, to Alonzo M. Brinkerhoff and George W. Manchester, such sum of money as shall be awarded them in pursuance of the first section of this act, out of any moneys appropriated for the completion of the Black River canal feeder.

3. This act shall take effect immediately.

Chap. 351.

AN ACT for the relief of Britton & Townsend. Passed April 17th, 1858, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The canal board are hereby authorized to hear and determine the claim of Surranus Britton and John V. Townsend, contractors for the construction of Chub Lake reservoir, on the Black River canal, and shall award to them such sum of money as they shall be equitably entitled to, without including any prospective profits, for the damages sustained by said contractors in consequence of the suspension of their work on the twelfth day of November, eighteen hundred and fifty-six, and abandonment of their work by the state, on the third day of September, eighteen hundred and fifty-seven.

§ 2. The treasurer shall pay, on the warrant of the auditor of the canal department, to said Britton and Townsend, such sum of money as shall be awarded them in pursuance of the first section of this act, out of any moneys applicable to the completion of the Black River canal.

§ 3. This act shall take effect immediately.

Chap. 352.

AN ACT to legalize the sale of certain real estate heretofore sold and conveyed by the trustees of the village of Cherry Valley.

Passed April 17th, 1858.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The act of the trustees of the village of Cherry Valley, in executing a deed dated May five, eighteen hundred and fifty-five, purporting to convey to Willard Trull certain lands therein described, which lands belonged to "The trustees of the village of Cherry Valley," in their corporate capicity, is hereby confirmed; and said deed shall be held and adjudged to be of the same force and effect as a conveyance of the said lands, as if said trustees had, previous to the execution of said deed, been empowered and anthorized by an act of the legislature of this state, to sell and convey said lands.

Chap. 353.

AN ACT to provide means to pay the interest on a portion of the canal debt.

Passed April 17th, 1858, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. There shall be imposed, for the fiscal year commencing on the first day of October, one thousand eight hundred and fifty-eight, a state tax of one-half of one mill

on each dollar of the valuation of real and personal property taxable, in this state, to be assessed, raised and collected, upon and by the annual assessments and collection of taxes for the said fiscal year, in the manner now prescribed by law, to be paid by the county treasurers respectively, into the treasury of this state, and to be held by the treasurer thereof for the following purposes, viz: The whole amount of the proceeds of said tax shall be transferred to the canal fund, on the warrant of the comptroller, and used, paid and applied to pay the interest upon that portion of the canal debt which has been created and incurred under and in pursuance of section three, article seven, of the constitution, as amended in the year eighteen hundred and fifty-three. § 2. This act shall take effect immediately.

Chap. 354.

AN ACT authorizing the appraisal and payment of canal damages to Charles B. Thompson and Hiram Hascall.·

Passed April 19th, 1858, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The canal appraisers are hereby authorized and required to examine and determine the clain of Charles B. Thompson and Hiram Hascall, for damages alleged to have been sustained by them, and for lumber furnished by them under their contract for the enlargement of section two hundred and seventy-five of the Erie canal, entered into on the twenty-ninth day of December, eighteen hundred and fifty-one which contract was declared void by the canal commissioners, in consequence of the decision of the court of appeals, declaring the act of July tenth, eighteen hundred and fifty-one, unconstitutional; that the said appraisers shall not be authorized to take into consideration any other damages than such as occurred to the said Thompson and Has

call, for timber or materials contracted for or purchased by them, for the purpose of being used on said section two hundred and seventy-five, under their said contract, or what they may have paid to cancel said timber contracts; if it appears that any damages have been sustained as aforesaid, for which the state is liable, then the said appraisers shall award such sum, not exceeding two thousand dollars, as shall to them seem just and equitable, subject to an appeal to the canal board as in other cases.

§ 2. The treasurer shall pay, on the warrant of the auditor of the canal department, such sum as may be awarded under and by virtue of the first section of this act, out of any money in the treasury appropriated or to be appropriated to the enlargement of the Erie canal.

Chap. 355.

AN ACT for the relief of officers and directors of the fourth company of the Great Western Turnpike road.

Passed April 19th, 1858.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The officers and directors of the fourth company of the Great Western Turnpike road, may, by an instrument in writing, under their corporate seal, signed by their president and secretary, to be filed in the office of the clerk of the county of Cortland, abandon all that part of said road as now made within the county of Cortland, and from and after filing the said instrument, as aforesaid, the same shall be considered as abandoned, and the said company shall be relieved from keeping such part of said road in repair, and be allowed and authorized to dispose of such personal and real effects belonging thereto, as shall not be needed or useful for the said road as a public highway. § 2. The said turnpike road so abandoned, is hereby de