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equal to the value of its real estate, provided, however, that prior to
any such issue the value of said real estate shall be appraised on oath
by three freeholders of the county in which such real estate is situated,
approved by the county judge, and their appraisal filed in the county
clerk's office, and in the principal office of said corporation, and for all
issued in excess of said appraised value the officers, trustees, directors
or managers issuing the same shall be jointly and severally liable).
§3. This act shall take effect immediately.

CHAP. 398.

AN ACT to amend chapter four hundred and thirty-six of the laws of eighteen hundred and seventy-two, entitled "An act relative to the setting of fykes and other nets in Harlem and East rivers."

PASSED June 2, 1877; three-fifths being present.

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

ch. 436,

Laws 1872,

SECTION 1. Section one of chapter four hundred and thirty six of Amending the laws of eighteen hundred and seventy-two, entitled "An act relative to the setting of fykes and other nets in Harlem and East rivers,' is hereby amended so as to read as follows:

" 9 Edm. 371.

§ 1. It shall not be lawful for any person to set or use, for the purpose of taking or capturing fish, a fyke or set-net, or other net, in the waters of the Harlem river or of the East river, or the adjacent waters, or of the confluent brooks within five miles, in any direction from the Middle Gate, so-called, in said East river, or in any of the adjacent waters or confluent brooks of the main shore and located between the said middle gate and Fort Schuyler.

§ 2. This act shall take effect immediately.

CHAP. 401.

AN ACT to amend chapter seven hundred and sixty-seven of the laws of eighteen hundred and seventy-two, entitled "An act to establish the compensation of county judges and surrogates, pursuant to the fifteenth section of the amended sixth article of the constitution."

PASSED June 4, 1877; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter seven hundred and sixty-seven of the laws of eighteen hundred and seventy-two, entitled "An act to establish the compensation of county judges and surrogates, pursuant to the fifteenth section of the amended sixth article of the constitution," is hereby amended so as to read as follows:

§ 1. The annual salaries of the county judges and surrogates, in the several counties of this state, except in the county of New York, from and after the expiration of the respective terms of the present incum

Amending Laws 1872. see ante, p. 377.

ch. 767,

9 Edm. 473.

Salaries of judges.

county

Of surrogates.

Of county

acting as

bents, are hereby established as follows, namely: The salary of the county judge of the county of Kings is hereby fixed at the sum of ten thousand dollars. The salaries of the county judges of the counties of Albany and Westchester are hereby fixed at the sum of four thousand five hundred dollars each. The salary of the county judge of the county of Erie is hereby fixed at the sum of five thousand dollars. The salaries of the county judges of the counties of Onondaga, Oneida and Monroe are hereby fixed at the sum of four thousand dollars each. The salary of the county judge of Rensselaer county is hereby fixed at the sum of three thousand five hundred dollars. The salaries of the county judges of the counties of Saratoga, Ulster, Dutchess, and Orange, are hereby fixed at the sum of three thousand dollars each. The salary of the county judge of the county of Queens is hereby fixed at the sum of two thousand five hundred dollars. The salaries of the county judges of the counties of Chautauqua, Cayuga, Columbia, and Ontario are hereby fixed at the sum of two thousand dollars each. The salaries of the county judges of the counties of Cattaraugus, Oswego, Jefferson, and Niagara are hereby fixed at the sum of one thousand five hundred dollars each. The salary of the county judge of Otsego county is hereby fixed at the sum of one thousand eight hundred dollars. The salary of the county judge of Washington county is hereby fixed at one thousand two hundred dollars. The salary of the county judge of the county of St. Lawrence is hereby fixed at one thousand seven hundred and fifty dollars.

§ 2. Section two of said act is hereby amended so as to read as fol

lows:

§ 2. The salary of the surrogate of the county of Kings is hereby ixed at the sum of ten thousand dollars. The salaries of the surrogates of the counties of Albany and Westchester are hereby fixed at the sum of four thousand dollars each. The salaries of the surrogates of the counties of Onondaga, Rensselaer, Monroe, and Oneida are hereby fixed at the sum of three thousand five hundred dollars each. The salaries of the surrogates of the counties of Queens, Dutchess, Ulster, and Orange, are hereby fixed at the sum of three thousand dollars each. The salaries of the surrogates of the county of Saratoga and Columbia are hereby fixed at the sum of two thousand five hundred dollars each. The salary of the surrogate of the county of Cayuga is hereby fixed at the sum of two thousand dollars. The salary of the surrogate of the county of St. Lawrence is hereby fixed at one thousand seven hundred and fifty dollars. The salary of the surrogate of the county of Chautauqua is hereby fixed at the sum of one thousand six hundred dollars. The salaries of the surrogates of the counties of Cattaraugus, Oswego, Otsego, Niagara, Ontario, Washington, and Jefferson are hereby fixed at the sum of one thousand five hundred dollars each. The salary of the surrogate of the county of Erie is hereby fixed at the sum of four thousand five hundred dollars. The salary of the surrogate of the county of New York shall be twelve thousand dollars.

§3. Section three of said act is hereby amended so as to read as follows:

§ 3. The salaries of the county judges who perform the duties of judges the office of surrogate are hereby fixed in the counties named and surrogates. at the sums stated, as follows: In the counties of Warren, Franklin, Schenectady, Wayne, Rockland, Lewis, and Delaware, two thousand dollars each. In the counties of Chenango, Madison, Greene, Herkimer, Livingston, Chemung, Clinton, and Broome, three thousand

dollars each. In the counties of Steuben and Richmond, three thousand five hundred dollars each. In the counties of Schoharie, Cortland, Sullivan, Genesee, Essex, Tioga, Tompkins, Montgomery, Wyoming, and Suffolk, two thousand five hundred dollars each. In the county of Allegany, two thousand seven hundred and fifty dollars. In the county of Fulton, two thousand two hundred and fifty dollars. In the county of Hamilton, eight hundred dollars. In the county of Seneca, one thousand dollars. In the county of Orleans, two thousand dollars. In the counties of Schuyler, Yates, and Putnam, one thousand five hundred dollars each. Whenever, in any county where there is now a separate county judge and surrogate, the supervisors shall decide to have but one officer to act as county judge and surrogate, that decision shall take effect at the expiration of the term of the surrogate then in office, and from and after the expiration of such term, the county judge shall also be surrogate, and his salary shall then be increased one-half.

§ 4. The appropriations to his own use by the surrogate of any county, or other misappropriation, or the withholding by him of any moneys directed by the board of supervisors of such county to be paid for clerk hire, is hereby declared to be a misdemeanor.

Misconduct of surrogate.

CHAP. 404.

AN ACT to provide for the disposition and sale of certain lateral canals of this state, and the lands, rights and other property connected therewith.

PASSED June 4, 1877; by a two-third vote. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Lateral
Amended

canals.

1878, ch.
344, post, p.
632.

Abandon

SECTION 1. The following canals of this state shall, at and after the respective periods hereinafter specified, be abandoned and discontinued ment as canals, and be no longer subject to the control or authority of any of the canal boards or officers of this state, except as hereinafter specified.

of lateral canals.

§ 2. All that portion of the Chenango canal commencing at and Chenango lying south of the stone culvert in the village of Hamilton, in the canal. county of Madison, and what is called and known as the Chenango canal extension, and its appurtenances, shall be abandoned and discontinued on and after the first day of May, eighteen hundred and seventy-eight; but no reservoir, feeder or property belonging to the state now used for the purposes of said canal at a point northerly of said culvert shall be disposed of or sold; neither shall the Madison brook reservoir and feeder therefrom, the Kingsley brook reservoir and feeder therefrom, the Woodsman's pond and feeder therefrom, the Leland's ponds and feeder therefrom be sold or disposed of. Nor shall the waters of said reservoirs necessary to feed the Erie canal be permanently diverted from the channels hitherto used, but a supply of water for the uses of the State Lunatic Asylum at Utica, shall at all times be maintained by the canal authorities. The Chemung canal, at the Chemung, close of navigation in eighteen hundred and seventy-eight. The Crooked Lake canal, on and after the passage of this act. The Genesee Valley canal, on and after the thirtieth day of September, eighteen hundred and seventy-eight.

Crooked

Lake.
Valley.

Gen esee

When and how to be sold. Amended 1878, ch.

34, post, p. 632 and 1879, post, p. 815.

ch. 522,

Advertising sale.

Estimate and appraisal.

When

cities and villages to have option.

§ 3. It shall be the duty of the canal commissioners or superintendent of public works, subject to the approval of the canal board, as soon as practicable after the passage of this act, except as hereinafter provided, to advertise for sale and to sell the following property belonging to this state, namely: The Crooked Lake canal, its appurtenances and the water privileges connected therewith: Provided, the hydraulic action and the natural flow of the outlet of said lake shall not be diverted or changed; any of the provisions in this bill to the contrary notwithstanding: Also, immediately after the close of navigation in the year eighteen hundred and seventy-eight, to advertise for sale and to sell that portion of the Chenango canal as described in section two. of this act, also the Chemung canal and its feeders, branches, appurtenances and water privileges. And after the close of navigation in the year eighteen hundred and seventy-eight, the Genesee Valley canal, its feeders, branches, appurtenances and water privileges. When the Chemung canal shall cease to be used as such, the water power, rights and privileges on the Chemung river, so far as they were taken and appropriated for the purposes of the canal, shall revert to the person or persons from whom they were taken, or to their successors in interest, and in any sale of that canal, such rights shall be reserved.

§ 4. It shall be the duty of said commissioners or superintendent to advertise for such sale, daily, for twelve weeks, immediately prior to such sale, in the state paper at Albany, and in such papers published on the line of said canals as said commissioners or superintendent may select, and to give in such advertisements such a description of the property to be sold as will enable bidders to estimate the value thereof.

§ 5. It shall be the duty of said commissioners or superintendent, and the commissioners of the canal fund, to cause an estimate and appraisal to be made, by competent persons, of such portions of said canals as run through or near cities or villages, and of their inlets and outlets, as may be desired by such cities or villages, for hydraulic, hygienic or fire purposes, and also of such portions thereof as it may be deemed expedient or profitable to sell as water privileges.

§ 6. Such cities and villages shall have the right and option of taking and purchasing such portions of said canals, with their inlets and outlets, as may be so appraised for such purpose, at the appraised value thereof, upon the payment of one-fourth of the purchase-price at the time of sale, and the balance thereof in six equal annual payments, with interest at six per cent per annum, to be secured by the bonds of Certificate the parties purchasing. The certificate of the canal commissioners or

of sale.

Failure to pay.

Water

privileges.

Who to have

option on sale.

superintendent shall be given for the sale, but no deed shall be given therefor until the final payment of all the principal and interest due thereon, and a failure to pay the interest or any part thereof when due, shall give the state the right to declare such sale null and void, and all moneys paid thereon shall be forfeited to the state, and all rights in such lands shall revert to the state. The water privileges connected with such portions of the canals, so to be appraised for sale to municipalities, shall be included in such appraisals, and shall be sold with such portions of the canals, so that the ownership and control thereof may be vested in such municipalities.

§7. The person or persons who, at the time of such appraisals, are in the use and occupation, or are entitled to have the use and occupation of such water privileges as may be so appraised, and in cases where it shall appear that the title of the state to such lands was acquired by grant or otherwise from the owner or owners, and without the payment of any consideration therefor, such owner or owners, their heirs

and assigns, of the property adjoining, and from which the same has been taken, shall have the right and option of taking and purchasing the same at the appraised value thereof, upon such terms of payment as shall be reasonable and satisfactory on the part of the state and acceptable to such purchaser or purchasers.

§ 8. The material of the locks, aqueducts, bridges and other appurtenances of said canals, except such as are mentioned in section three of this act, shall be sold at public auction to the highest responsible bidder or bidders, on a day and hour, and at a place or places named in such advertisements, or as soon thereafter as may be, and, on such days to which such sales may be adjourned, upon such terms of pay ment as shall be reasonable and satisfactory on the part of the state, which shall be mentioned in the advertisements, and in such parcels as will, in the judgment of the commissioners or superintendent, be best calculated to secure the highest price therefor, upon the payment at the time of sale in cash, of the amount bid therefor, unless it shall be deemed for the interest of the state to retain them or dispose of them in some other manner.

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adjacent owners.

9. All such portions of said canals and their branches and feeders, Sales to so directed to be sold, as pass through farming lands and are not referred to in section five of this act, except as hereinafter provided, shall be conveyed by said superintendent or commissioners to the owners of the adjacent lands, the whole width thereof to the adjacent owner who is possessed of the fee on both sides thereof, and in cases where separate owners are in possession of the fee of the adjacent lands, then to the center of the prism of the canal to the owners on each side, upon the condition precedent that such owners shall, in writing, under their hand and seal, release the state from all obligation to maintain the bridges and other structures connected with such portions of the canals, and from all liability for damage arising from the abandonment thereof.

courses to

§ 10. It shall be the duty of said commissioners or superintendent, Waterat all places in said canals which are not to be continued as channels bere of water for the use of persons or municipalities as purchasers under stored. the provisions of this act, where the course of the neighboring streams had been interrupted and the water thereof directed into the canals, except where the water is needed for the purposes of the canals which are retained under the provisions of the constitution, and except such water privileges as may be sold as herein provided, to restore the streams to their original channels, and to take suitable measures to prevent the flow of the water thereof into the prisms of the abandoned canals.

Sale for railroad or canal. Amended

post, p. 815.

§ 11. Whenever the said commissioners or superintendent shall ascertain that the prism and banks of either of said canals, or any considerable portions of either, are desired by responsible parties or a responsible corporation or corporations as a bed for the construction of 1879, ch.522 a railroad or for the continuance of the same as a canal, and that the same can be sold on as favorable terms and for as large an amount therefor as for other purposes, or where the use thereof is deemed for the interests of the locality through which the canal runs, the said canal commissioners or superintendent are hereby authorized to sell either or any such portion of either of said canals for such railroad or canal purposes, on obtaining proper guarantee that the same shall be so used, any thing herein before contained to the contrary notwithstanding. All action by the canal commissioners or the superintendent, under this act, shall be only with the consent and approval of the canal board.

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