E. Corning convey real estate. they shall deem just and equitable and sufficient to defray the necessary expenses consequent upon the care, support and maintenance of the persons for whom such commutation shall be paid, during the existence and continuance of their then sick or diseased state. § 22. This act shall take effect immediately. Chap. 351. AN ACT to authorize the sale of certain real estate held in trust under the will of Joseph Weld deceased. Passed April 11, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. Erastus Corning of the city of Albany, trustee under the may sell and will of Joseph Weld, of the city of Troy deceased, bearing date on or about the first day of September, 1829, and proved and admitted, to probate before the surrogate of Rensselaer county, on or about the twenty-fourth day of November 1837, is hereby fully authorized and empowered to sell at public or private sale and to convey by good and sufficient deed or deeds of conveyance, the house and lot of ground on Third street in the city of Troy devised by the said will to the said Erastus Corning, in trust for the benefit of Mary Turner, a daughter of the said testator and her lawful representatives as therein mentioned, which sale and conveyance shall have the same validity and effect as if the said Erastus Corning had been expressly authorised by the said will to sell and convey the said premises. On what terms, § 2. The said sale shall be made on such terms and credit if any, as the supreme court may authorize and approve, and the proceeds of the said sale shall be invested in good securities by the said trustee in such manner as the said court may from time to time approve and direct, and the interest and income thereof shall be paid to the said Mary Turner from time to time during her natural life, as required by said will, and the principal shall at her death belong to and be distributed by the said trustee under the order of the said court among the persons, who by the terms of the said will would at that time have been entitled to the said real estate had it not been sold and in the same proportions. § 3. This act shall take effect immediately. Chap. 352. AN ACT in relation to the canal and canal damages. Passed April 11, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Land when veyed and taken. § 1. Whenever any tract or parcel of land shall be divided by the location or enlargement of any of the canals of this state, and to be surthe canal board shall be of opinion that it is necessary for the public use, to take and appropriate either portion of such land, the canal commissioner shall cause a survey and map of such portion of such land to be filed in the office of the clerk of the county where such land is situated and thereupon the title to such portion of land shall vest in the state in the same manner as other land taken by the state for the construction of the canal. made to § 2. The owner of any land taken by the state as provided in compensathe last section shall be entitled to compensation and damages for tion how the lands so taken to be ascertained and appraised in the same owner. manner as for lands taken and appropriated for the construction of the canal. may be sold. § 3. Whenever the canal board, shall by resolution determine Lands taken that any lands taken for the purposes of the canal, may be sold for canals beneficially to the state, the commissioners of the land office may sell, grant, and convey the right, title and interest of the state in such lands and the proceeds of such sale shall be credited to the fund appropriated for the construction of the canal for which such lands were taken. versal of § 4. Whenever the canal board shall upon the hearing of any Provision reappeal from the award of the canal appraisers, reverse or modify lative to resuch award they shall state in the resolution or order relating to awards of said appeal the grounds of such reversal or modification and how appraisers. much, if any, such award is increased or diminished; and a copy of such resolution or order shall be immediately filed with the canal appraisers, and also a copy of every resolution of affirm ance. § 5. The canal appraisers shall make an annual report to the Canal aplegislature at the commencement of the annual session thereof which shall contain, 1. The names and residences of the several claimants who have perferred claims. 2. The nature of the claim and the amount claimed. 3. What action has been had upon each and the reason thereof and if an award has been made the nature and amount thereof. 4. Whether an appeal has been taken in any case and if the appeal has been decided, the nature of the decision. praisers to report annually to legislature. Certain books, re cords &c., to § 6. All the books, records and papers, relating to canal damages, or their appraisal, in the comptroller's office and in the par- be transferticular care and keeping of the auditor of the canal department, praisena red to canal A person to except the books, papers, and proceedings of the canal board and those relating thereto, shall be transferred to and remain in the apartment of the canal appraisers and in their charge and keep ing. § 7. The canal appraisers, together with the auditor of the be appointed canal department shall appoint some suitable person to arrange such books and systematise such of the books, records and papers as are to and records. be transferred by the last section and as required to be so arranged to arrange damages awarded. and systematised the compensation of such person, to be certified by the canal appraisers shall be paid by the treasurer on the warrant of the comptroller, provided it shall not exceed the sum of one hundred dollars. warrants for § 8. No warrant for the payment of any damages awarded by the canal appraisers or by the canal board on an appeal, shall be paid by the treasurer until it shall be countersigned by the president of the board of canal appraisers, and entered upon the books in their office. Time extended. Commissioners to lay out road. Chap. 353. AN ACT to amend an act entitled "An act to provide for the construction of a Railroad from Attica to Hornellsville," passed May 14, 1845. Passed April 11, 1849. The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The time specified in the second section of chapter three hundred and thirty-six of the laws of the year one thousand eight hundred and forty-five, within which the sum of twenty-five thousand dollars is required to be expended by the Attica and Hornellsville railroad company in the construction of its road, is hereby extended to the first day of February next. Chap. 354 AN ACT to provide for laying out and constructing the Warren and Hamilton county road. Passed April 11, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. John McEwan and James Morgan, of the county of Warren, and Rose Whitman, of the county of Hamilton, are hereby appointed commissioners to lay out a public highway, from some point, (as the interest of the state shall require,) on the road known as the Kenyontown road, running through to Athol and Johnsburgh, in the county of Warren, to some part on the Sacondaga river, at or near the Wadsworth mills, in Wells, in the county of Hamilton, thence down the said river to the settlement some four miles below said mills. the comp lands. § 2. The said commissioners shall furnish the comptroller of To furnish this state, and the treasurers of the counties in which the lands troller with lay, with a list of all lands lying west of the said Kenyontown road, a list of owned by non-residents, within three miles of the line of said road, including the whole of all lots, parts of which are within three miles of the line of said road, which said territory, together with such lands owned by residents, as the commissioners of highways of the towns in which the lands are situated shall direct, is hereby directed to constitute a road district, which shall be known as the Warren and Hamilton county road district. sessed to be § 3. The treasurers of the said counties of Warren and Ham-Taxes asilton, respectively, shall pay over to the comptroller, when they paid to make their annual returns of the arrears of taxes, the amount of comptroller. any highway taxes assessed upon any of the lands included in said road district, which may have been paid to said treasurers. § 4. A sum equal to all the admitted arrears of taxes assessed Moneys to be paid to upon said lands, together with any sums that may be paid to the said comcomptroller, as provided by section three of this act, shall be paid missioners. annually to the said commissioners, or any two of them, out of the treasury of this state. pended. § 5. The said commissioners shall have power to expend the Moneys how highway tax assessed in said road district, as they shall deem best to be exfor the interest of the state, in laying out, constructing, and keeping said road in repair. § 6. The said commissioners shall give a bond with satisfactory They shall sureties, to the treasurer of the county of Warren, in the sum of give bond. one thousand dollars, for the faithful performance of their duties, before entering upon the discharge thereof. § 7. The said commissioners shall render to the treasurer of To account. the county of Warren, annually, before the first day of December in each year, an exhibit of their expenditures, with the neces sary vouchers for the same. § 8. The treasurer of the county of Warren shall have power Vacancies to fill all vacancies that shall occur in the office of said commis- how filled. sioners for any cause. § 9. The said commissioners shall be paid and receive for their Pay of comservices, one dollar and fifty cents for each day actually employed in the performance of their duties. § 10. This act shall take effect immediately, and continue in Duration of force six years; and all acts inconsistent with the provisions of act. this act, are hereby rendered of none effect. Repeal. about condi g rated. Chap. 355. AN ACT in relation to the Cayuga Indian annuities. Passed April 11, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The act entitled "An act to provide for the distribution of the annuities due from the state of New-York to the Cayuga nation of Indians," passed March 25, 1848, is hereby repealed. Appropria- § 2. The sum of six hundred dollars is hereby appropriated, tion to pay or so much thereof as may be needed for the purpose, to be exagent for ascertaining pended under the direction of the commissioners of the land oftion of Indi- fice, through such agent or agents as they shall appoint, to ascerans who em-tain the number and condition of Cayuga Indians who migrated to the United States Indian territory west of the Mississippi, and their descendants, and for the re-transportation of them from thence to the state of New York. That said sum of money be paid by the treasurer on the warrants of the comptroller, to such persons, at such times and in such amounts as the said commissioners shall direct, and the governor approve, and the same shall be charged to the debit of that portion of the annuities granted to the Cayuga nation of Indians, by the treaties of February twenty-five, one thousand seven hundred and eighty-nine, and July twenty-seven, one thousand seven hundred and ninety-five, as was apportioned to the Cayugas of Sandusky, by the treaty of September eight, one thousand eight hundred and thirty-one. Provision relative to York. §3. The application of that portion of the Cayuga nation rethose resi- siding in New-York, for the payment to them of the above mending in New- tioned portion of the Cayuga annuities, be and hereby is referred to the commissioners of the land office, with the powers granted to them in such cases by the act entitled "An act in relation to certain tribes of Indians," passed May 25, 1841, and that they report their proceedings under this act to the legislature. § 4. This act shall take effect immediately. Duty of county clerk. Chap. 356. AN ACT to provide for transcribing the dockets of judgments and for making new indexes of deeds and mortgages in the office of the clerk of the county of Franklin. Passed April 11, 1849, "three-fifths being present." The People of the State of New-York, represented in Senate and Assembly, do enact as follows: § 1. The clerk of the county of Franklin is hereby authorized and required to procure a suitable book or books, and to trans |