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personal property in this state subject to taxation, for each and every one million dollars or part thereof in par value of said bonds issued and outstanding in any of said fiscal years, the annual amount of such tax to be computed by the comptroller, which taxes shall be assessed, levied and collected by the annual assessment and collection of taxes of each of such years in the manner prescribed by law and shall be paid by the several county treasurers into the treasury of the state, and the proceeds of said tax, after paying the interest due upon the outstan ling bonds shall be invested by the comptroller under the direction of the commissioners of the canal fund, and, together with the interest arising therefrom, shall be devoted to the sinking fund which is hereby created, payment from which shall only be made to the extinguishment of the indebtedness created by the sale of the aforesaid bonds as the said bonds become due and for no other purpose whatever.
$ 3. Routes; depth; locks; bridges.- Within three months after issuing the said bonds or some part thereof the superintendent of public works and the state engineer are hereby directed to proceed to improve the Erie canal, the Oswego canal and the Champlain canal in the manner bereinbelow provided. The route of the Erie canal as improved shall be as follows: Beginning at Congress street, Troy, and passing up the Hudson river to Waterford; thence to the westward through the branch north of Peoble's Island and by a new canal and locks reach the Mohawk river above Cohoes Falls; thence in the Mohawk river canalized to Little Falls; thence generally by the existing line of the Erie canal and feeder around through Little Falls to the Mohawk river above the upper dam; thence in the Mohawk river canalized with the necessary cutting through bends to a point just east of Jacksonburg; thence generally by the existing line of the Erie canal to Herkimer; thence in the valley of the Mohawk river following the thread of the stream as much as practicable to a point about six miles east of Rome; thence over to and down the valley of Wood creek to Oneida lake; thence through Oneida lake to the Oneida river; thence down the Oneida river cutting out the bends thereof where desirable, to Three River point; thence up the Seneca river to the outlet of Onondaga lake; thence still up the Seneca river to and through the state ditch at Jack's reefs; thence westerly generally following said river to the mouth of Crusoe creek; thence substantially raralleling the New York Central railroad and to the north of it to a
Barge canal (L. 1903, ch. 147), g 3.
junction with the present Erie canal about one and eight-tenths miles east of Clyde; thence following substantially the present route of the canal with necessary changes near Lyons and Newark to Fairport; thence curving to the south and west on a new location joining the present canal about one-half mile west of the crossing of the Irondequoit creek; thence following the old canal to a point about one and one-fourth miles west of Pittsford; thence following the existing line of the canal for nearly a mile; thence running across the country south of Rochester to the Genesee river near South park; here crossing the river in a pool formed by a dam; thence running to the west of the outskirts of Rochester and joining the present canal about one mile east of South Greece; thence following substantially the route of the present Erie canal with the necessary change in alignment near Medina to a junction with the Niagara river at Tonawanda, thence by the Niagara river and Black Rock harbor to Buffalo and Lake Erie. The existing Erie canal from Tonawanda creek to Main street, Buffalo, shall be retained for feeder and harbor purposes. The route of the Oswego canal as improved shall be as follows: Beginning at the junction of the Oswego, Seneca and Oneida rivers, it shall run northward to a junction with Lake Ontario at Oswego, following the Oswego river canalized and present Oswego canal. The route of the Champlain canal as improved shall be as follows: Beginning in the Hudson river at Waterford, thence up the Hudson river canalized to near Fort Edward; thence via the present route of the Champlain canal to Lake Champlain near Whitehall. The routes as specified herein shall be accurately laid down upon the ground by the state engineer, who is hereby authorized and required to make such deviations therefrom as may be necessary or desirable for bettering the alignment, reducing curvature, better placing of structures and their approaches, securing better foundations, or generally for any purpose tending to improve the canal and render its navigation safer and easier. The Erie, Oswego and Champlain canals shall be improved so that the canal prism shall, in regular canal sections, have a minimum bottom width of seventy-five feet and a minimum depth of twelve feet and a minimum water cross section of eleven hundred and twenty-eight square feet, except at aqueducts and through cities and villages where these dimensions as to width may be reduced and cross section of water modified to such an extent as may be deemed necessary by the state engineer and approved by the canal board. In the rivers and lakes the canal Barge canal (L. 1903, ch. 147), $ 3. shall have a minimum bottom width of two hundred feet, minimum depth of twelve feet and minimum cross section of water of twentyfour hundred square feet. The locks for the passage of boats on the Erie, Oswego and Champlain canals shall be single locks, except at the flight of three locks near Waterford, and of two locks at Lockport which shall be double locks. The locks shall have the following governing dimensions: Length between hollow quoins, three hundred and twenty-eight feet, clear width twentyeight feet, minimum depth in lock chamber and on mitre sills eleven feet, and with such lifts as the state engineer may determine. The locks shall be provided with all necessary approach walls by passes, gates and valves, with hydraulic or electrical power for the manipulation of gates and valves, for expediting the passage of boats through the locks, and for lighting the locks and approaches. All locks having over eight feet lift shall be fed through a culvert running parallel with the axis of the lock in each wall with the necessary feed and discharge pipes and controlling valves. All single locks shall be so located with reference to the axis of the canal, that a second lock can be conveniently added alongside the first should this hereafter be found necessary. The Erie, Oswego and Champlain canals shall be provided with all necessary spillways, culverts and arrangements for stream crossings; the bottom and sides shall be puddled wherever necessary, and the sides where necessary shall have vertical masonry walls, or slope wash walls; guard locks and stop gates shall be built where required, and in canal sections guard gates shall be built at distances apart not exceeding ten miles, all as may be determined by the state engineer. New bridges shall be built over the canals to take the place of existing bridges wherever required, or rendered necessary by the new location of the canals. All fixed bridges and lift bridges when raised shall give a clear passage way of not less than fifteen and one-half feet between the bridge and the water at its highest ordinary navigable stage. The dams required for the canalization of the river sections of the Erie, Oswego and Champlain canals shall be so located and shall be built of masonry or timber as the state engineer shall determine to be best. Wherever, in the canalized rivers or in Oneida or Cross lakes, it may be deemed by the state engineer necessary for the safety and convenience of navigation, spar, gas, can or lantern buoys, range lights or range targets shall be provided, placed and maintained. The eastern end of the existing Erie canal at its junction with the Hudson river shall be Barge canal (L. 1903, ch. 147), § 3. improved as follows: A lock shall be built in place of existing lock number one and the weigh lock near it at Albany with the following governing dimensions: length between hollow quoins one hundred and seventy-eight feet, clear width twenty-eight feet, minimum depth on mitre sills eleven feet, and the canal prism shall be improved as far as existing lock number two by giving it depth of twelve feet and a minimum width of fifty-five feet. And at the point of divergence from the present Erie canal near Fort Buli a lock shall be constructed with the following governing dimensions: length between hollow quoins one hundred and seventyeight feet, clear width twenty-eight feet, minimum depth on mitre sills eleven feet, and shall be so located and constructed that boats navigating the proposed improved canal will be able to lock into the present Erie canal at this point; and that portion of the present Erie canal lying between the point above described and the Orville or Butternut creck feeder shall be maintained as a navigable canal and feeder of its present size and depth. The outlet of Onondaga lake into the Seneca river shall be enlarged to the size prescribed for the prism of the Erie and Oswego canals, and the necessary improvements shall be made in Onondaga lake to permit canal boats to reach the head of the lake, and from the lead of the lake and extending southeastwardly into Syracuse where there shall be constructed a harbor or basin twelve hundred feet in length, two hundred and twenty feet in width and twelve feet in depth. From the pool in which the canal will cross the Genesee river south of Rochester, there shall be constructed generally on the site of the old feeder northwardly towards Rochester, a canal of the size prescribed for the prism of the Erie, Oswego and Champlain canals and about two and one-quarter miles long ending at the present Erie canal. The northerly end of this canal for a distance of fifteen hundred feet shall be enlarged into a basin or harbor with a width of one hundred and seventy feet and depth of twelve feet. The additional water supply required for the improved Erie canal shall be provided by developing and utilizing existing sources, by constructing a storage reservoir on Limestone creek, improving the storage of Cazenovia lake, and building storage reservoirs on the upper Mohawk near Delta and on West Canada creek near Hinckley, with all necessary feeders for connecting these and existing reservoirs with the improved canal. The supply of water for the Erie canal shall be sufficient for the uses of the canal with at least ten million tons of freight carried on it per year.
Barge canal (L. 1903, ch. 147). SS 4, 5.
§ 4. Acquisition of lands. The state engineer inay enter upon, take possession of and use lands, structures and waters, the appropriation of which for the use of the improved canals and for the purposes of the work and improvement authorized by this act, shall in his judgment be necessary. An accurate survey and map of all such lands shall be made by the state engineer who shall annex thereto his certificate that the lands therein described have been appropriated for the use of the canals of the state. Such map, survey and certificate shall be filed in the office of the state engineer, and a duplicate copy thereof, duly certified by the state engineer to be such duplicate copy shall also be filed in the office of the superintendent of public works. The superintendent of public works shall thereupon serve upon the owner of any real property so appropriated a notice of the filing and of the date of filing of such map, survey and certificate in his office, which notice shall also specifically describe that portion of such real property belonging to such owner which has been so appropriated. If the superintendent of public works shall not be able to serve said notice upon the owner personally within this state after making efforts so to do, which in his judgment are under the circumstances reasonable and proper, he may serve the same by filing it with the clerk of the county wherein the property so appropriated is situate. From the time of the service of such notice, the entry upon and the appropriation by the state of the real property therein described for the purposes of the work and improvement provided for by this act, shall be deemed complete, and such notice so served shall be conclusive evidence of such entry and appropriation and of the quantity and boundaries of the lands appropriated. The superintendent of public works may cause a duplicate copy of such notice, with an affidavit of due service thereof on such owner, to be recorded in the books used for recording deeds in the office of the county clerk of any county in the state where any of the property described in such notice is situated, and the record of such notice and such proof of service shall be prima facie evidence of the due service thereof. The court of claims shall have jurisdiction to determine the amount of compensation for lands, structures and waters so appropriated.
§ 5. Sale of abandoned canal lands.— Whenever any lands now used for canal purposes shall be rendered no longer necessary or useful for such purposes by reason of the improvement hereby