Chap. 474. AN ACT making Ten Mile river a public highway. The People of the State of New-York, represented in rafts, &c. SECTION 1. Ten Mile river, in the county of Sullivan, in this state is hereby declared to be, and the same is hereby made a public highway forever, from Stevens' dam at Cochecton Centre in the town of Cochecton, in said county, to the Dunn roleway at or near the head of Mapes' pond in the town of Tusten in said county, for the purposes of rafting, running, floating and navigating rafts, Floating lumber, timber and logs, in, on and through said stream, and any and every portion thereof, between the points aforesaid. But nothing herein contained shall be construed to prevent any owner of the lands through which the said stream runs from erecting, building or constructing any dam or dams across the same, provided such dam or dams be so erected and constructed as not to interfere with or obstruct the navigation of said stream, for the purposes hereinbefore specified. § 2. This act shall take effect immediately. Chap. 475. AN ACT to empower the Canal Board to fix the damages of George F. Huggins and Nelson L. Williams. Passed April 15, 1857, 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 authorised and required to hear and determine the claim of George F. Huggins and Nelson L. Williams, for work done on sec Award. Tax. tion number two hundred and fifty-three of the Erie canal enlargement, beyond and different from the requirements of their contract, and the specifications thereto attached, reference being had to the profile map exhibited to the bidders on said work; and to allow and award to said Huggins and Williams such sum therefor, as to said board shall appear equitable and just, upon satisfactory evidence. § 2. The treasurer shall pay, on the warrant of the auditor of the canal department, to said Huggins and Williams, or to their legal representatives, such sums of money as shall be awarded to them, in pursuance of the first section of this act, out of any money in the treasury appropriated, or to be appropriated for the enlargement and completion of the Erie canal. 3. This act shall take effect immediately. Chap. 476. AN ACT to legalize the acts of the Board of Supervisors of the county of Schoharie, extending the charter of the Middleburgh Bridge Company, passed in the year eighteen hundred and fiftysix, and for the relief of said company. Passed April 15, 1857. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. The act of the board of supervisors of the county of Schoharie, passed in the year eighteen hundred and fifty-six, extending the charter of the Middleburgh bridge company, and the several amendments thereto, is hereby legalised and confirmed. § 2. The president and directors of said company are hereby authorised to levy a tax on the stockholders of said company for the purpose of rebuilding said bridge, and in default of payment thereof for two months, after said assessment is made, that their stock be forfeited by the owners thereof, for the use of said corporation; notice of which assessment shall be given for four weeks successively in two newspapers printed in the county of Schoharie. § 3. Said corporation may call in the old stock of said company and issue new in its stead, of one hundred dollar shares each, the whole amount not to exceed six thousand five hundred dollars. § 4. Also to acquire the title to the land at the east end ot said bridge for the use of said company, not to exceed one-eighth of an acre of land. §5. And furthermore, that it shall be lawful for said Tolls company to ask and collect toll from each and every footman who shall leave their conveyances at the westerly end of said bridge, three cents each way, and one cent for each other footman; provided, however, that they may commute for families as footmen for crossing said bridge at fifty cents per year, for members of the same family residing in the same house. § 6. The time for rebuilding said bridge is hereby extended until the first day of January, eighteen hundred and fifty-eight. Chap. 477. AN ACT to authorise the appraisal and payment of canal damages to Byron E. Huntley, Joseph Ganson, James H. Atkins, John M. Bowman and Charles Silliman. Passed April 15, 1857, 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 authorised Award to appraise the damages sustained by Byron E. Huntley, Joseph Ganson, James H. Atkins, John M. Bowman and Charles Silliman, to their partnership property, in consequence of a breach in the Erie canal, at or near the stone culvert, in the west part of the village of Brockport, on or about the second day of July, one thousand eight hun Bridges. dred and fifty-four, and of another breach in said canal at or near the same place, on or about the second day of July, one thousand eight hundred and fifty-six, such appraisement and their award, if any thereupon, shall be subject to appeal to the canal board, as in other cases; such award not to exceed the sum of nine hundred and eighty-six dollars and fifty cents, in the aggregate: provided that said damages were exclusively caused by the defective and improper construction of a culvert. § 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, shall be certified to the auditor of the canal department, who shall draw his warrant on the treasurer therefor, and the treasurer shall pay on such warrant, the said sum to the said Byron E. Huntley, Joseph Ganson, James H. Atkins, John M. Bowman and Charles Silliman, their representatives or assigns, 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. 478. AN ACT in relation to the Westchester county railroad company. Passed April 15, 1857. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: SECTION 1. The Westchester county railroad company are hereby authorised to construct on the line of their road, bridges for the use of their road across the Bronx river, and East and Westchester creeks, and branches, wherever their said road crosses the same, and over and across the navigable inlets on the route of said road. § 2. The bridges over the Bronx river, East and Westchester creeks, and branches, and said inlets, shall be constructed with draws, where they are required, and in such case shall be five feet wider than those now erected and used over said streams. 3. The said bridges and draws shall be constructed and maintained by the said company, in such manner as not to unnecessarily impede or obstruct the navigation of said streams or inlets. § 4. Said company shall keep some competent person stationed at each of the several draw bridges constructed by them over said river, creeks and inlets, whose duty it shall be to swing the draws whenever any vessel is approaching and about to pass any of said bridges. § 5. This act shall take effect immediately. Chap. 479. AN ACT in relation to the Enlargement of the Passed April 15, 1857, three-fifths being present. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: tion. SECTION 1. The canal commissioners are hereby author- Excava ised, in excavating the work for the enlargement of the Cayuga and Seneca canal, to excavate that part thereof lying next westerly of the upper lock in the village of Waterloo, to where the same intersects the Seneca river, and to excavate the said river and canal into the Seneca lake, at the village of Geneva, and at the northeast corner of the said lake, to the uniform depth of nine feet below the surface of the water, as now maintained by the state dam at Waterloo, and of such width as they shall deem necessary, not exceeding the width required by law for the enlargement of said canal. § 2. The canal commissioners are hereby directed and required, after the excavation of the canal and river in the first section of this act mentioned is completed, and time given to see the effect thereof on the water in said lake, to ascertain and determine a point in said lake to |