THE LITERATURE FUND AND THE COMMON SCHOOL FUND. An act authorising the investment of a part of the school fund in stock, to be created for the construction of the Cayuga and Seneca canal. Passed April 21, 1829. Chap 201, p. 310. Loan. § 1. The commissioners of the canal fund may issue certificates of Stock. stock, to bear an interest not exceeding five per centum per annum, and payable at a time specified by said commissioners, sufficient to raise the sum of forty-five thousand dollars, authorised to be loaned by the canal commissioners by a statute passed the twelfth of April, eighteen hundred and twenty-seven, for constructing the Cayuga and Seneca canal; and the further sum of ten thousand dollars authorised to be loaned as aforesaid, by a statute passed the twenty-fifth of March, eighteen hundred and twenty-eight, for making a lateral canal from the Cayuga and Seneca canal to the village of East-Cayuga. S2. The comptroller may vest so much of the common school School fund. fund now in the treasury, in said stock, as may be necessary to take all of said stock at its par value. $3. The said stock so taken shall belong to the common school Ib. fund. An act making further appropriations to complete the Cayuga and Seneca canal, and for other purposes. Passed April 30, 1829. Chap. 325, p. 486. $1. The commissioners of the canal fund are hereby authorised Commissionto borrow, in such manner as they shall deem most for the interest of ers to borrow $32,000. the state, such sum of money as shall be necessary to complete the Cayuga and Seneca canal, not exceeding twenty-four thousand dollars, and also a sum not exceeding eight thousand dollars, to complete the lateral canal to East-Cayuga village. to invest part $ 2. The comptroller shall invest so much of the capital of the Comptroller school fund, as may be in their treasury, after the investment of fifty- of school five thousand dollars, authorised by an act passed at the present ses- fund. sion of the legislature, in the stocks authorised to be issued by the preceding section, at the par value thereof, and any balance that may then remain of such stock, shall be taken by the commissioners of the canal fund, on account of the Erie and Champlain canal fund. 53. Instead of the loan of fifteen thousand dollars authorised by Literature the act of 1828, Chapter 275, on account of the Oswego canal, and fund. to provide for an estimated deficiency in the Oswego canal fund for the current year, the commissioners of the canal fund shall transfer to the literature fund, such bonds for lands sold, belonging to the Oswego canal fund, as may be in their hands, not exceeding in amount the sum of thirty thousand dollars, for the amount of which bonds, the Regents of the University shall transfer to the commissioners of the canal fund, for account of the Oswego canal fund, a like amount of canal stock now belonging to the literature fund, which stock shall be redeemed out of the surplus revenues of the Erie and Champlain canal fund, and cancelled whenever the avails shall be wanted on account of the Oswego canal. Interest Surplus canal revenue. $ 4. The interest due upon the bonds authorised to be transferred by this act, at the time of such transfer, shall be entered and considered as part of the capital of the literature fund, and whenever an amount of interest shall be paid upon the bonds transferred to that fund, under the act of 1827, Chapter 228, equal to the amount of interest due upon such bonds at the time of such transfer, such amount shall be invested as part of the capital of the literature fund. $5. The commissioners of the canal fund, are hereby authorised from time to time, to invest any surplus revenues of that fund, in any stocks, for the payment of which the faith of this state is or shall be pledged, and any such investments heretofore made are hereby confirmed. OF THE PUBLIC LANDS. An act concerning trespasses on lands contracted to be sold by $ 2. Any person to whom any such certificate has been or shall be legally assigned, may have the like remedy for any injury done, or to be done after such assignment. OF THE PUBLIC BUILDINGS. An act relative to the Capitol. Passed May 5, 1829. Chap. 372, p. 565. S1. There shall be paid to the corporation of the city of Albany, the sum of seventeen thousand five hundred dollars, on condition that all right and interest in the Capitol, and the park in front of the Capitol, bounded by Washington and State-streets, and the lots on which the Capitol is erected, such park to be occupied as a public park and for no other purpose, shall be released to the state by the said corporation and the supervisors of the city and county of Albany, under the direction of the attorney-general, before the first day of June next. Expenses for OF THE STATE LIBRARY. An act concerning the state library. Passed April 20, 1829. $1. The contingent expenses of said library incurred for stationand candles. ary and candles, are hereby limited to the sum of fifty dollars for each year; and the comptroller shall not audit, nor shall the treasurer pay any account or sum of money whatever exceeding the amount limited as aforesaid, for stationary and candles furnished for said library, under any pretence whatever. books. $2. The expenses incurred for binding the books purchased for, For binding or deposited in the library, shall hereafter be paid out of the sum of one thousand dollars appropriated for the gradual enlargement of the library; and such expenses shall not hereafter be deemed contingent. 33. All the provisions of Title eight in Chapter nine of the First Repeal. Part of the Revised Statutes repugnant to this act, are hereby repealed. Acts relating to Canals. An act providing for the payment of damages to real estate, in consequence of breaches in the canals of this state, and for other purposes. Passed March 5, 1829. Chap. 48, p. 110. paid for. 51. The damages which any person may have sustained, at any Damages time within two years prior to the passage of this act, by reason of how to be the breaking away of an embankment on any part of the canals belonging to this state, or of any of the works connected therewith, and which may have been occasioned either by the act or neglect of any commissioner, superintendent or other agent of the state, shall be estimated, appraised and paid to the owner of the lands to which such damages have been done. $ 2. The amount of such damages may be fixed by agreement, be- Appraisetween either of the acting canal commissioners and the claimant; but ment. in case such agreement cannot be made, an estimate and appraisement thereof shall be made by the same appraisers who are now authorised by law to estimate and appraise damages, where lands, waters or streams have been appropriated by the canal commissioners to the use of the public; and for that purpose the said appraisers are hereby vested with the powers, and required to discharge the duties which are conferred and enjoined upon them by the provisions of Article third of Title ninth of Chapter ninth of Part First of the Revised Statutes. made. $ 3. The damages which shall be so estimated and appraised, shall Application be paid by the canal commissioners; but no such appraisement or when to bo payment shall be made, unless the claimant of such damages shall, within one year from and after the passage of this act, give a written notice to one of the canal commissioners, of his claim to such damages. $4. From the decision of the appraisers, an appeal may be made either by the claimant of damages, or in behalf of the state, in the same manner, and with the same effect, as is authorised by the provisions of the Article in the Revised Statutes above referred to. Appeals. 35. Either of the canal commissioners, or appraisers of damages, Subpenas to may issue subpoenas to compel the attendance of witnesses before the witnesses. board of appraisers, to give testimony in relation to any matter depending before such board, under the provisions of Article third of Title ninth of Chapter ninth of the First Part of the Revised Statutes. In what form. Penalty for neglect Powers and duty of appraisers. Claims to be entered in a book. Appeal to canal board. To be in writing Decisions filed. S6. Such subpoenas may be in the same form, as near as may be, as subpoenas issued by justices of the peace, and may require the attendance of any person residing in the county where the same may be returnable, or in the adjoining county. S7. Every person neglecting to appear, in pursuance of the command of any such subpoena, without good cause for such non-appearance, or when appearing shall refuse to be sworn or to testify, shall forfeit the sum of twenty-five dollars, to be recovered by the canal commissioners, or either of them, for the benefit of the canal fund. An act in relation to the appraisal of damages on the canals, and $ 2. It shall be their duty to enter in a book to be kept for that S3. Every person having exhibited a claim for damages to the appraisers, or the canal commissioners, where they shall deem the interest of the state to require it, may enter an appeal from the decision of the appraisers on such claim, to the canal board, who shall proceed to reverse, affirm or modify the appraisement, as in their opinion justice shall require; and their decision shall in all cases be final and conclusive. S4. Every such appeal shall be made in writing, stating briefly the grounds on which the appeal is made: if made by the canal commissioners, one copy of the appeal shall be served on the canal appraisers, and another on the party claiming damages, his guardian or agent, either personally or by leaving the same at his usual place of abode if made by the party claiming damages, one copy of the said appeal shall be served on the appraisers, or one of them, and another on the canal commissioners. S5. It shall be the duty of the canal appraisers, within thirty days Where to be after any claim is decided upon, to make a transcript of the entry of such decision, and file the same in the clerk's office of the county in which the premises passed upon are situate; and in all cases the appeal must be made, and the proper copies served, within three months from the time such transcript is filed in the clerk's office as aforesaid. Return to $ 6. The appraisers shall make a return in writing, to every appeal so served on them, setting forth a copy of the claim for dama appeal. ges; a transcript of the evidence, if any; the items on which allowances were made, and the several amounts; the items, if any, on which no allowance was made; and the reasons and grounds on which their decision is made. nal board. $7. It shall be the duty of the canal board to meet, from time to Duty of catime, and decide on all cases of appeals made from the decisions of the appraisers; and if, in their opinion, the interest of the state requires it, they shall direct the attendance of the appraisers, or either of them, to give evidence in relation to the subject matter of the appeal; they shall decide all cases of appeal on the evidence or information contained in the transcript furnished by the appraisers, and the evidence of the appraisers, if any is obtained. er to act with $8. In all cases in which the canal appraisers are required to act Commissions by any law of this state, one of the acting canal commissioners shall appraisers. be associated with them in their appraisal and final determination thereon. witnesses. $9. Any member of the canal board is hereby authorised to ad- Swearing minister oaths to witnesses on all matters which may be examined before said board; and wilful false swearing before said board is hereby declared to be perjury. may require § 10. The canal board may require the attendance of witnesses Canal board before them on the part of the state, if in their opinion the interests witnesses to of the state require it; and for that purpose they may issue subpo- attend. nas, to be signed by their president for the time being, which shall be served by any sheriff or constable by said board thereunto required; and every person duly subpoenaed to attend before said board, who shall wilfully neglect to obey such subpoena, shall forfeit fifty dollars, to be recovered with costs of suit, before any court having cognizance thereof. $11. The canal board may allow and direct the canal commis- subpoenas. sioners, or commissioners of the canal fund, to pay to any officer such board may require to serve subpoenas, or to witnesses attending in pursuance of such subpoena, such sum as they may deem just and reasonable for such service or attendance. $12. So much of Title nine of Chapter six of the First Part of Repeal. the Revised Statutes, as is inconsistent with this act, is hereby repealed. An act authorising the construction of the Chenango Canal. nal Commis 31. The canal commissioners are hereby authorised and required Duty of Ca to proceed with all practical diligence, to construct and complete a sioners. canal from Binghamton, in the county of Broome, up the valley of the Chenango river, to its head waters, and thence through the vallies of the Oriskany and Sawquoit creeks, to the Erie canal, at or near the village of Utica. mates. 32. But before said commissioners shall proceed to construct said Surveys, levcanal, they shall cause an examination, surveys, levels and estimates estto be made, by a competent engineer, to determine whether a canal from Cleaveland's mill, along the north side of the Oriskany creek, |