Goddes

345. And be it further enacted, That it shall be the duty of the The like in superintendent of the Onondaga salt springs to lay out so many salt burgh. manufacturing lots as he may think necessary, on any of the lands of the state lying on the north and south banks of the canal, in and adjoining the village of Geddes, reserved for the use of salt manufactories, five rods in front on the canal, and of sufficient depth for the accommodation of salt manufactories; and in case the present holders of salt marsh lots at said village of Geddes, or any of them, shall, on or before the first Monday of June next, surrender or release their lots, or any of them, to the people of this state, it shall be the duty of the said superintendent to lease to the several persons making such surrender or release, two lots so laid out on the canal, for each of the marsh lots so surrendered or released, with all the privileges granted to lessees and manufacturers at the said village of Geddes by the fifteenth section of the act relating to salt springs in the county of Onondaga, passed June 15th, 1812, and to expire at the same time; and the person making such surrender or release, shall, by lot, draw for their respective lots on the canal, under the direction of the superintendent: And further, That it shall and may be lawful for the said superintendent, by and with the consent of the canal commissioners, to take from the Erie canal at Geddes, water sufficient to carry a pump, for the purpose of raising salt water from the reservoir at Geddes to supply the works on the canal to be erected under this act: Provided, That the water hereby authorised to be taken from Proviso. the canal, shall be used for no other purpose than for pumping salt water, and may at any time be taken, lessened or stopped by the canal commissioners, or by the superintendent of the Onondaga salt springs, whenever the same may in their opinion be necessary for the use of the locks, or for the pumps at Salina.

$47. And be it further enacted, That it shall be the duty of the Priority of said superintendent, inspector and engineer, at their first monthly meet- rights. ing to be held pursuant to the provisions of the twelfth section of this act, or as soon thereafter as may be, to examine and determine, according to the provisions of all the laws existing prior to the passing of this act, the priority of the rights of the several salt manufactories upon the said reservation, whether they be manufactories of coarse or fine salt, to the salt water to be drawn from the wells belonging to the state, and which shall be taken possession of for the use of the state, pursuant to the provisions of this act; and they shall make a list of all the said manufactories, distinguishing therein which are manufactories of coarse, and which manufactories of fine salt; and shall set opposite to each of the said manufactories upon the said list, the name or names of the owner or owners of every such manufactory; and shall number the said manufactories so placed upon such list, putting the manufactory or manufactories first entitled to said salt water first upon the list, and marking them number one; the manufactory or manufactories second entitled to the said salt water, second upon the said list, and marking them number two; and so on, until the whole are numbered; and all manufactories hereafter to be built upon any part of the said reservation not now actually leased or built upon, shall be placed upon said list as the same shall be put into operation, according to the dates of the leases of the lots upon which the same

Proviso.

shall be erected, the oldest lease having priority; and the determination of the said superintendent, inspector and engineer, when so made, shall be final and conclusive as to the right of every such manufactory to the water to be drawn from the wells, and furnished from the pump works belonging to the state; and the said superintendent shall cause such list, so made out and signed by him and the said inspector and engineer, to be printed and made public in the same manner that the rules, ordinances and regulations of the said salt works are to be printed and published; and the said engineer shall thereafter supply the said several manufactories now erected, or hereafter to be erected, with salt water, according to the priority of their rights, as established by the said list, and not otherwise: Provided, That any person aggrieved by any decision of said officers, may within thirty days appeal therefrom to the circuit judge of the seventh district, who shall proceed to review and re-examine such decision at such time and place, and in such manner as he shall think proper, and he may reverse, confirm or modify such decision, and his determination in the premises shall be conclusive, the expense of such appeal to be defrayed by the appellant, and before the hearing of such appeal six days notice in writing shall be given to the said superintendent: And provided furFurther pro- ther, That nothing in this section contained, shall prevent the present manufacturers of salt, in the village of Geddes, who may exchange their lots in the manner directed in the forty-fifth section of this act, from receiving their supply of water, in the same manner as though no such exchange should be made, and their manufactories respectively, shall be placed upon the said list, and numbered according to their rights as now existing: And provided further, That the said engineer shall not furnish, or permit to be furnished, from the pump works belonging to the state, any salt water to any manufactory not placed upon said list.

vis us.

Lots to be

leased for 30 years.

An act in relation to the salt manufacturing lots in the town of Salina, and for other purposes. Passed April 27, 1829. Chap. 278, p. 411.

S1. It shall be the duty of the superintendent of the Onondaga salt springs to lease, for the term of thirty years, from and after the twentieth day of June next, to the present lessees, their assigns or legal representatives, the several lots called salt manufacturing lots, or parts of lots belonging to the Onondaga salt springs reservation, excepting such lots or parts of lots as the superintendent and inspector may deem it necessary for the interest of the state to retain, subject to the same regulations and restrictions as now are or may hereafter be provided by law; but any lease given under this act, shall not be construed in such manner as to affect the validity of any mortgage or other security held by any person upon any lot or lots thus leased. No improvements on the salt manufacturing lots, excepting the salt manufactories and their necessary appendages, shall be paid for by the state, if the lease, at the expiration of the said term of thirty years, should not be renewed, or if, before the expiration of the said term, it should be necessary to take a lot or part of a lot for the benefit of the state.

to be sold.

32. All such parts of the leased lots upon the salt springs reser- Certain lots vation, the sale of which was omitted at the sales of the public lands on the eighth of July last, having improvements on them, and all other lots remaining the property of this state, and having on them buildings or erections to the value of one hundred dollars, which belong to the lessee or occupant, or his assigns, shall be sold by the commissioners of the land-office, to the owner or owners of such buildings or erections, at private sale, at their value exclusive of such improvements, to be ascertained by appraisers to be appointed by the commissioners of the land-office; and in case such owner shall neglect or refuse to purchase such lot at the appraised value, such lots may be sold at public sale, giving six weeks notice of the same in one of the newspapers printed at Salina, and in the state paper printed at Albany; and if the same shall be purchased by any other person, such purchaser shall pay to the owner of such buildings or erections, twothirds of the appraised value thereof; such value to be ascertained in such manner as the commissioners of the land-office shall direct, streets and public squares to be excepted.

erected for of

$3. The superintendent is hereby authorised to cause to be erect- Building to be ed a fire-proof building, on some convenient lot in the village of Sa- fices. lina, of such dimensions and of such and so many apartments as will be sufficient for an office for the superintendent, and also for the inspector of salt, and keep an account of the expense of the same, which shall be audited by the comptroller, and when so audited, may be retained by such superintendent out of any monies which may come into his hands for salt duties; but the cost of such building, or the amount so to be audited, shall not exceed the sum of three thousand dollars; and when such buildings shall be completed, the office of the superintendent and of the inspector of salt, shall be permanently kept therein; and all leases and assignment of leases for salt lots given under this act, instead of being recorded in the office of the clerk of the county, shall be recorded in the office of the superintendent, in a book to be by him kept and provided for that purpose, at the expense of the state; and for each and every lease, and the assignment thereof, so recorded, there shall be paid to the superintendent the sum of fifty cents, for the use of the people of this state; and a bona fide lease, or assignment of such a lease, being the first so recorded, shall be deemed valid.

state store at Salina may be sold.

S4. The superintendent, on such terms and conditions as he may The statedeem proper, is hereby authorised to sell at public vendue, giving house and eight weeks notice of such sale in one or more of the newspapers printed in the town of Salina, the house called the state-house, belonging to the state, and also the building known as the state store; and the purchaser or purchasers thereof may receive a lease of the salt manufacturing lots, known as the north and south state store lots; and the superintendent is authorised to give such lease on the same terms and conditions, and for the same time, as other salt lots are to be leased by virtue of this act.

Van Vleck.

$5. It shall be the duty of the superintendent of the salt springs, Deed to M. in behalf of the people of this state, to give to Matthew Van Vleck, a deed, in fee simple, of lot number three hundred twenty-five, and so much of lot number three hundred and twenty-eight, as together will

VOL. III.

24

Fines for smuggling.

Amount of penalties.

Appraisers

ed.

make fifteen acres, as distinguished on Randal's map of the salt spring reservation; provided the said Matthew Van Vleck shall surrender to the said people of this state, his interest and claim in and to salt manufacturing lots number seventeen and eighteen, in the village of Salina, and remove his salt manufactory from said lots.

$6. All penalties and forfeitures for smuggling salt, or for the transporting the same away so as to evade the payment of the duties thereon, when recovered, shall be one half to the use of the people of this state, and the other half to the person who shall give information of the offence.

$7. Every person who shall aid or assist in smuggling any salt, so as to evade the payment of duties thereon, or who shall countenance or advise any person or persons to smuggle the same, shall be liable to the penalties mentioned in section one hundred and fortysixth of Article fifth of Title tenth of Chapter ninth of the First Part of the Revised Statutes, to be sued for and recovered in the same manner as is provided in said act.

Forfeited Estates.

An act to amend the act, entitled "An act for the speedy sale of the confiscated and forfeited estates within this state, and for other purposes therein mentioned." Passed March 30, 1809. Chap. 185.1

S 1. Be it enacted by the People of the State of New-York, how appoint-represented in Senate and Assembly, That in all cases mentioned in the first section of the act hereby amended, in which the party against whom the recovery is or shall be had, is thereby entitled to compensation for his improvements, it shall be lawful for either party, at any time after judgment, to apply to the court in which such judgment is or shall be had, for the appointment of appraisers, for estimating the value of such improvements.

Amount of appraisement

paid.

$ 2. And be it further enacted, That in all cases in which judg when to boment has been obtained and an appraisement made, in conformity to the act aforesaid, the party in whose favor such judgment hath been had, shall pay to the party entitled thereto the amount of such appraisement within six months after the passing of this act; and in all cases in which judgment shall hereafter be obtained, and in which the party against whom the recovery shall be had is entitled to compensation for his improvements, and in which the value of the improvements shall be ascertained as aforesaid, the party recovering the same shall pay to the person or persons entitled to such compensation, the amount of such appraisement, within twelve months after such appraisement shall be made: and in default of such payment in either of those cases, it shall be lawful for the party against whom such recovery has been or shall be had, to apply to the persons by whom the valuation of such improvements hath been made, who are hereby required on such application to ascertain and appraise the value of such lands at the price they are worth at the time of such appraisement, exclusive of the improvements made thereon, the

(1) 1 R. L. p. 242.

amount of which last mentioned appraisement the defendant or tenant shall pay to the opposite party, within twelve months after the making thereof; and that the payment of such amount, or the tender and refusal thereof, shall be a full and effectual extinguishment of the right and title of the party to whom such payment or tender is made, to the lands so recovered.

Acts relating to the Military Bounty Lands.

An act for registering deeds and conveyances relating to the military bounty lands. Passed 8th January, 1794. 17th Session, Chap. 1.1

WHEREAS it is represented to the legislature that many frauds have been committed respecting the titles to the lands granted by this state as bounty lands to the officers and troops of this state who served in the army of the United States, and to others on account of their military services in the army of the United States, by forging and antedating conveyances, and by conveying the said lands to different persons, and by various other contrivances, so that it has become very difficult to discover in whom the legal title to some of the said lands is now vested: For remedy whereof, and in order to detect the said frauds, and to prevent the like frauds in future,

Preamble.

Certain deeds

clerk of the

county of Al

bany.

To be deem.

ed fraudulent

if not so deposited.

$1. Be it enacted by the People of the State of New-York, to be deposit represented in Senate and Assembly, and it is hereby enacted by ed with the the authority of the same, That all deeds and conveyances heretofore made and executed, or pretended so to be, of or concerning, or whereby any of the said lands may be any way affected in law or equity, shall, on or before the first day of May, one thousand seven hundred and ninety-four, be delivered to and deposited with the clerk of the city and county of Albany for the time being, and all deeds and conveyances, (except mortgages duly registered according to law,) heretofore made and executed, or pretended to be, of or concerning or whereby any of the said lands may be any way affected in law or equity, which shall not be delivered to and deposited with the said clerk on or before the said first day of May aforesaid, shall be adjudged fraudulent and void against the subsequent purchaser or mortgagee for valuable consideration; and the said clerk shall, in the presence of Duty of the the person delivering the same, register the names of every person whose name shall be to any deed as having executed the same, in a book to be by him expressly provided for that purpose, and in alphabetical order, and annex to such name the date of the deed and the name of the person to whom the same is granted, for which service the said clerk shall receive six pence; and every such deed shall be filed in bundles, marked in alphabetical order, to the end that persons inclining to have recourse thereto, may inspect the same, paying the usual fees for search and inspection; and that the said clerk shall, on or before the first day of June, which shall be in the year one thousand seven hundred and ninety-four, deliver all the said deeds and conveyances so deposited in his office to the clerk of the county of Herkimer for the time being, there to remain for the benefit of all persons interest

(1) 1 K. L. p. 209. Gr. v. 3, 99; K. & R. v. 2, 262.

clerk.