Chap. 171. AN ACT for the appraisement of canal damages of Jacob Casler. Passed April 6, 1855, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The canal appraisers are authorised and required to hear and investigate and decide upon the claims of Jacob Casler, for damages to his property, occasioned by the overflow of waters and ice of the Canajoharie creek, on the fifteenth of February, eighteen hundred and fiftyfour; and if, upon due proof, it shall appear that said damages charged resulted exclusively from defect or incapacity of the canal aqueduct erected over said creek, they shall make such award therefor as shall be just, not exceeding the sum of one hundred and twenty-seven dollars and seventy-five cents; such appraisement and award, if any be made, shall be subject to appeal to the canal board, as in other cases. §2. The sum which shall be awarded under the provisions of the first section of this act, or the sum determined by the canal board in case of an appeal from the award of the canal appraisers, the treasurer shall pay, on the warrant of the auditor; the said sum to Jacob Casler, out of any moneys in the treasury appropriated or to be appropriated for the payment of canal damages. § 3. This act shall take effect immediately. Chap. 172. AN ACT for the appraisement of canal damages of Eliza E. Ehle. Passed April 6, 1855, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 1. The canal appraisers are authorised and required to hear and investigate and decide upon the claims of Eliza E. Ehle, for damages to her property occasioned by the overflow of waters and ice of the Canajoharie creek, on the fifteenth of February, eighteen hundred and fifty-four; and if, upon due proof, it shall appear that said damages charged resulted exclusively from defect or incapacity of the canal aqueduct erected over said creek, they shall make such award therefor as shall be just, not exceeding the sum of seven hundred and seven dollars and fifty cents; such appraisement and award, if any be made, shall be subject to appeal to the canal board, as in other cases. §2. The sum which shall be awarded under the provisions of the first section of this act, or the sum determined by the canal board in case of an appeal from the award of the canal appraisers, the treasurer shall pay, on the warrant of the auditor, the said sum to Eliza E. Ehle, out of any moneys in the treasury appropriated or to be appropriated for the payment of canal damages. § 3. This act shall take effect immediately. Chap. 173. AN ACT to amend the act entitled "An act for the preservation of fish in the waters of Lake George," passed June thirty, eighteen hundred and fifty-three. Passed April 6, 1855. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Section one of the act entitled "An act for the preservation of fish in the waters of Lake George," passed June thirty, eighteen hundred and fifty-three, is hereby amended by adding thereto the following clause: Provided, that nothing in this section shall prevent the taking or catching of any fish which are used only for bait, in or from the waters of said lake, brooks or creeks, for the purpose of being used for bait. § 2. This act shall take effect immediately. Chap. 174. AN ACT appointing three Inspectors of Election for Directors of the Sodus Point Railroad Company. Passed April 6, 1855. The People of the State of New York, represented in Senate and Assembly, do enact as follows: §1. Albert F. Cressy, Joseph A. Miller and James P. Bartle, of the village of Newark, in the county of Wayne, are hereby appointed Inspectors of election of directors of the Sodus Point and Southern Railroad company at the next annual meeting of the stockholders of said company, to be held in the month of June next, with as full powers as if they had been chosen at the time of the last election of directors of said company. Chap. 175. AN ACT to authorise the president, directors and first company of the Great Western turnpike road to collect additional tolls on a certain part of their turnpike road. Passed April 6, 1855. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The president, directors and first company of the Great Western turnpike road company may, and are hereby authorised to demand and collect on that part of their turnpike road on which they shall hereafter lawfully maintain a plank road track, the rates of toll specified in and authorised by the first section of the act entitled "An act in relation to plank roads," passed April fifteenth, one thousand eight hundred and fifty-three; and may erect and maintain the necessary toll gates, or change the location of the present gates on that part of their said road or either of them; and also appoint the necessary toll gatherers, provided always that there shall not be more than one gate for every three miles of plank road so maintained by said turnpike company, and such gates shall be at least three miles apart, and that the present number of toll gates shall not be increased between where the Fort Hunter plank road now intersects the said turnpike road and the city of Albany. §2. All acts and parts of acts relating to the said turnpike company, inconsistent with or repugnant to this act are hereby repealed. §3. This act shall take effect immediately. Chap. 176. AN ACT authorising the sale of the property and franchises of the Alexandria and Theresa Plank Road Company in Jefferson county, New York. Passed April 6, 1855. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: §1. In case the Alexandria and Theresa Plank Road company shall neglect, for the space of twenty days, to pay any execution that shall be issued against them upon any judgment rendered against them, and the sheriff of Jefferson county shall be unable to realise the amount of any such execution within twenty days after the receipt of the same by him, it shall be lawful for him to advertise for sale, according to law, for six successive weeks, the said plank road and all their rights and franchises, and at the time and place in such notice mentioned, to sell and dispose of said property to the highest bidder. §2. Upon said sale the said sheriff shall forthwith execute and deliver to the purchaser a conveyance of said road, its rights and franchises in due form, which shall be acknowledged and recorded, and the purchaser shall thereby be entitled to immediate and absolute possession of the said road, its toll-gates, and all its rights and franchises, and shall be entitled to all the rights and privileges of said company in regard to toll, and be subject to all the conditions of the acts, in relation to plank roads, and to maintaining said road in repair. § 3. This act shall take effect immediately. |