and exam.

be made.

surveys,

may be the probable cost of said improvements, such sur- Surveys veys, measurements and examinations as shall be necessary inations to and sufficient to show the practicableness of making' and maintaining such reservoir or reservoirs of water by means of one or more dams to be erected in and across the waters of Racket river or its branches, as aforesaid, so as to set back and raise the waters thereof, and any lakes and ponds connected therewith, and overflow the marshes and other lands adjacent thereto, by means whereof the said reservoir or reservoirs of water may be used to render the flow of water in said river more equal and uniform for purposes of transporting lumber, saw logs or other property therein, and for use as power, including the cost of land as may be necessary for the purposes of such reservoir or reservoirs, and of such land as may be flowed and damaged thereby; the expense Expense of of such surveys, measurements and examinations, as aforesaid, &c., how to be assessed and collected as provided in section seven of this act. § 5. Whenever the owners of water powers upon said Consent of Racket river to the extent of one-half in value, including owners of the lots of land on which located, as assessed and valued power required beupon the assessment rolls of the several towns in which they fore work are assessed, of all the water powers now in use on said menced. river, shall consent in writing thereto, the said commissioners shall proceed to construct one or more dams as aforesaid, and maintain and operate one or more reservoirs according to the aforesaid plans, surveys and measurements, as near as may be; and the said plan shall not be essentially changed, enlarged or diminished except by the like consent of the owners of two-thirds in value of water powers on said river.

assessed.

one-half

water

is com

Reservoirs

to es

Racket

map of

$ 6. Whenever such consent shall be given as aforesaid, bere then the said commissioners under this act are authorized and tablished by dams empowered to constitute, establish and maintain one or more across reservoirs of water for the purposes mentioned in the first river. section of this act, by the erection of one or more dams as aforesaid in and across the waters of the Racket river or its branches, with suitable apertures and gates whereby said waters may be retained and discharged as the purposes of this act may require; and they shall also cause a survey and Survey and map to be made of the said river, and the lakes and ponds overflowed connected therewith, and the lands adjacent thereto, which lands, &c. will be overflowed or liable to be overflowed by a dam or dams authorized to be constructed as aforesaid, and of such height as they shall deem necessary to erect; and also of any lot or parcel of land which they may deem necessary to take Lot for for the purpose of a dwelling place for the gate keeper and keeper. for a highway to the works, and which map shall indicate, as near as may be, the different lots or tracts of land affected, the owners thereof as far as they can be ascertained, and the

gate

Map and survey to be filed.

Board of appraisers.

quantity of land required from each; and they shall file such survey and map in the office of the clerk of the county of St. Lawrence.

S 7. Before proceeding to erect said dam or dams and make such improvements as aforesaid, a board of appraisers, consisting of Seth G. Pope, Stephen B. Vanduzer and George Robinson of St. Lawrence county, is hereby appointed, who Their com- shall receive as compensation the sum of five dollars for each

pensation,

and how

paid.

how filled.

not to be

power.

and de

lands bene

and every day necessarily spent in the discharge of their duty, which amount shall be audited and paid in the same manner as is herein provided for the payment of the commissioners named in this act, and in the event of the refusal or inability of either of the above named appraisers to serve, Vacancies, their successors shall be appointed in the same manner as is herein provided for the appointment of commissioners, but Appraisers such successors shall be persons who are in no way interested interested in, or owners of, any water power on said river. It shall be in water the duty of said appraisers to make a schedule and descripSchedule tion of the several lots and parcels of land in the said county scription of of St. Lawrence, on which there is hydraulic power dependent fited, to be upon the waters of said river, and specifying the ratio in made. which in their judgment such respective lots and parcels of land will be benefited by the works contemplated by this act, and the names of the owners or occupants so far as Assessment they may be known. And they shall assess upon the several lands. lots and parcels of land embraced in said schedules, in proportion to the benefit to be derived by each from such improvement, the sum of five thousand dollars, and thereafter from time to time they shall assess upon said property, in the like proportion, such sums as shall be necessary for the completion of the work, the cost or price of land taken, and all expenses and damages connected with said improvement or arising therefrom.

upon such

Notice of review of

to be published.

property

S8. When said appraisers shall make any assessment, as assessment, aforesaid, a copy of their assessment roll shall be left for inspection by all persons interested, with each of said appraisers, and upon the completion of any assessment, the said appraisers shall immediately give notice by advertisement in all the newspapers published in said county, or in at least three such newspapers, once a week in each paper, for three Notice to weeks, and shall also notify each person whose property is assessed, by depositing in the post-office a printed or written notice or circular addressed to him, and the postage thereon prepaid, which advertisement and notice shall specify where copies of the said assessment may be found, and at what place and time, not less than four weeks from the first publi-. Appraisers cation of said advertisement, the said appraisers will meet to and amend review the said assessment, at which time and place said appraisers shall attend and hear all persons considering themselves aggrieved, for which purpose they may adjourn

owners.

to review

assessment.

from day to day, and, if necessary, from place to place, and shall review their said assessments, and amend and perfect the same, and shall then file a certified copy thereof in the county clerk's office of said county. Any person assessed Appeals. may within twenty days after the filing of said certified copy of said assessment, appeal to the county judge of said county, whose duty it shall be to fix a time and place for hearing such appeal, of which the party applying for such hearing shall give the other party at least eight days' notice in writing. On the hearing of such appeal, it shall be the duty Duty of of said county judge thoroughly to examine and review the judge upon findings or assessments of said appraisers so appealed from, and the principles upon which they have been made, and to affirm or amend and revise the same, in whole or in part, and for that purpose he shall have power to examine witnesses upon oath in reference to the subject of appeal, and to compel their attendance by subpoena, and his decision, Decision to which shall be made in writing, and filed in the county clerk's how filed. office of said county, shall be in every case final and conclusive.

county

appeals.

be final,

to certify

ments to

sioners.

persons

S9. As soon as all appeals from any such assessments shall have been heard and decided, as aforesaid, or in case there shall be no appeal therefrom within twenty days, then at the end of twenty days from the filing thereof, the said appraisers shall make a detailed statement of all their pro- Appraisers ceedings, and furnish a certified copy of their appraisal and assessassessment to the commissioners named in this act, who shall commis notify the persons whose property is assessed, by advertisement and by circular, as provided in the last section, where Notice to the sums so assessed may be paid to them or any of them, assessed. for the space of thirty days from the day of the first publication of said notice or advertisement, and in case any of the sums so assessed shall not be paid to said commissioners or to one of them within said thirty days, the said commis- Commissioners shall and may proceed to collect the same in the same may enmanner as if said sums were debts of the persons so assessed, lection. due to said commissioners and secured to be paid by mortgage upon the property so assessed, as aforesaid. And the said commissioners may maintain actions at law or suits in equity for the collection of said moneys or the enforcement of such liens.

sioners

force col.

sioners

to enter

terials

S10. In and for the beginning, prosecution, and completion Commisof the said work and improvement, the said commissioners shall authorized and may enter into and upon any and all lands and places lands and upon which any work is necessary to be done, and into and take ma upon any other lands, premises, and places adjacent, that therefrom. shall be wild and unimproved, and take therefrom any timber, wood, stone, earth or other material for said work, and shall and may enter into and upon any other such wild lands, that it may be necessary to use for roads or roadways, to or

tion to be

Compensa- from said work or otherwise, provided that they shall be liable to make just and full compensation for all injury and damage to said lands, or the timber thereon, or shall acquire the said lands as hereinafter provided.

made for damages.

Manner of acquiring title lands.

S 11. Immediately upon the completion of said work and to improvement, the said commissioners shall proceed to acquire title to all lands occupied by said reservoir or reservoirs so constructed, and to all other lands lying wild and heretofore unoccupied, that in their judgment may be necessary and proper to be acquired for the purposes of such improvement, and for the maintenance of said work. They shall acquire said title by purchase whenever they can ascertain the owner or owners of any such lands, and can agree with the owner or owners, as to the price thereof; otherwise they shall and may acquire title to such lands in the manner prescribed in chapter one hundred and forty, of the laws of eighteen hundred and fifty, entitled "An act to authorize the formation of railroad corporations and to regulate the same."

Commis

sioners to

file statement of proceed

ings and

expenses incurred.

of

$ 12. Whenever, and as soon as the said commissioners shall have completed the said work and improvement, and shall have acquired title to the lands taken therefor, as herein before provided, they shall make a just and true statement of all their proceedings in the premises, and a full and particular account of all moneys received and disbursed by them, and of all their expenses in and about the said improvement, duly verified by oath, and shall file said statement and account in the county clerk's office of said county Schedule of of St. Lawrence, and shall at the same time file in the said sessed and county clerk's office a schedule of all the parcels of real acquired, to estate, sufficiently described by metes and bounds, or by

lands as

be filed.

surveys, how ac

reference to deeds of conveyance thereof on record in said county clerk's office, and of the names of the owners of the same, and a statement of the amount paid in respect of each of said parcels that have been assessed for the said work and improvement, and another schedule showing all the lands acquired for the purposes of said improvement, with the name, if known, of the owner or late owner of every piece of land so acquired, and a full description of Maps and each and every parcel thereof, and shall also file in said county clerk's office true copies of all the maps, surveys and measurements made or caused to be made by them for use in said work, all of which schedules, statements and copies shall be signed by all of said commissioners then in office, and a certificate that the same are true and correct shall be by them made and executed and acknowledged before an officer authorized to take the acknowledgment of deeds, and shall be filed therewith, and the said commissioners shall thereto be given. upon give notice of the said filing in the manner prescribed in section eight of this act, and any person interested may, within twenty days, apply to the county judge, as provided

knowledged and filed.

Notice of such filing

judge may

amend

and state

ments.

in said eighth section, to revise and amend any of said schedules or statements, and the said county judge shall, County upon any such application, proceed in regard to said sched- revise and ules and statements, or any of them, in the manner in said schedules eighth section prescribed, and shall have the same powers in relation to the hearing upon any such application, and to affirm, revise and amend the said schedules and statements, or any of them, as are conferred upon him by the said eighth section of this act in relation to the assessments made by the commissioners. And upon every such application the said Decision to county judge, having heard the applicants and the commis- to be final. sioners, or in case either party shall not attend upon the prescribed notice, without hearing such party, shall render his decision, in writing, and shall file the same in the county clerk's office in said county, and the same shall be final and conclusive.

be filed and

owners of

and water

assessed.

thereof to

lished.

elect off

commis

sioners.

meeting.

S 13. As soon as all applications provided for in the last Meeting of section shall have been heard and decided, or if there be the lands none, at the end of twenty days from the time of filing the power schedules and statement mentioned in the last section, then at the end of twenty days the said commissioners shall by Notice advertisement and notice, as prescribed in section eight, call be pub a meeting of all the owners of real estate and water power assessed for the said improvement, which meeting shall be held in Potsdam, not less than four weeks from the time of the first publication of such advertisement, and shall attend at such meeting. The said meeting shall have power to Meeting to elect a chairman and secretary and one or more commis- cers and sioners for the management of such improvement and the me property connected therewith, in the place of the then acting commissioners, who shall have the same powers as are conferred upon the commissioners appointed by this act. And Annual said meeting shall also fix the time and place for an annual meeting of said water power owners, to be held in each year thereafter, for the same purpose and with the same powers. And the officers and commissioners elected at every such Term of meeting shall hold offices till the next annual meeting, and officers and until others shall be elected in their stead and qualify. And sioners. every person owning water powers or real estate assessed for Manner of such improvement shall be entitled to one vote at every such meetings. meeting for every ten dollars of assessment paid for or on account of his said property, as the same is set down in the schedule mentioned in section twelve and filed in the county clerk's office as in said section provided, and vote either by proxy or attorney. The said annual meeting shall also Powers of have the same powers regarding the management of said meetings. reservoir, improvement and property as meetings of the stockholders of corporations have in regard to their property.

service of

commis

voting at

annual

sioners to

S 14. The commissioners appointed by this act, and their Commissuccessors whenever appointed by the county judge or elected appoint