ARTICLE IV. STATE CANALS. SECTION 50. Designation of canals. 51. State dam at Waterloo. 1 52. Maps and field notes. 53. Copies of maps and field notes in county clerk's office. 54. Sale of abandoned canal lands. § 50. Designation of canals.-The navigable communi2 cations heretofore constructed and now in progress of 3 construction by the state and not abandoned, shall be 4 known and designated as follows: 5 1. The Erie canal, connecting the waters of Lake Erie 6 with those of the Hudson river. 7 2. The Champlain canal, connecting the waters of 8 Lake Champlain with those of the Hudson river. 9 3. The Cayuga and Seneca canal, commencing at 10 Geneva and terminating near Montezuma, connecting 11 the waters of Seneca lake with the Erie canal. 12 4. The Oswego canal, commencing at Syracuse and 13 terminating at Oswego. 14 5. The Black River canal and Erie canal feeder, extend15 ing from the foot of the high falls in the Black river, in 16 the county of Lewis to the Erie canal at Rome, with a 17 navigable feeder from the Black river to the summit 18 level near the village of Booneville. 19 Each canal shall include all the side cuts, feeders, and 20 other works belonging to the state connected therewith. R. S., 691, tit. 9, art. 1, § 1. (Post p. 2940.) 1 § 51. State dam at Waterloo.- The superintendent of 2 public works is authorized to maintain a state dam at 3 Waterloo, at a height not exceeding the height of the 4 original state dam at that place, but so as not to raise 5 the waters of Seneca lake above the natural height of 6 the waters of the lake, and when the bridge above the 7 outlet of the lake is rebuilt, to lower the same to a 8 height no more than sufficient to pass the largest size 9 canal boats, but no claim shall be made or allowed for 10 any damages to any property by reason of raising such 11 dam to its original height. (Post, p. 2944.) R. S., 695, L. 1867, ch. 752, § 1. 1 § 52. Maps and field notes. There shall be kept on file 2 in the office of the state engineer complete manuscript 3 maps and field notes of every canal now or hereafter to 4 be built and of all the lands belonging to the state adja5 cent thereto or connected therewith, in which the 6 boundaries of every parcel of land to which the state 7 shall have a separate title, shall be designated, and the 8 names of the former owners and the date of each title 9 entered. If any such maps or field notes are incom10 plete or have not been made or filed, the state engineer, 11 shall complete the same or cause the same to be made 12 and filed. The expense of all such maps and field-notes 13 shall be paid out of the appropriations made for the 14 support and maintenance of the canals. All such maps 15 and field notes approved by the canal board or canal 16 commissioners or certified by such board or commis17 sioners or by the state engineer to be correct, shall be 18 presumptive evidence of the truth of the facts therein 19 stated and of the ownership by the state of the lands 20 therein described. 1 R. S., 692, §§ 4, 5. (Post, p. 2941.) $ 53. Copies of maps and field notes in county clerk's 2 office. A copy of every map and of all field books and 3 notes so filed or of such part thereof as relate to the 4 canal lands in any county, certified by the state engi5 neer to be a correct copy thereof, shall be filed in the 6 clerk's office of such county, and shall be evidence with 7 like force and effect as the original maps and field 8 notes of which it is a copy. Transcripts of a part of 9 any such map or field notes certified by the officer 10 having the custody of the original or certified copies 11 from which they are made, to be correct copies thereof, 12 shall be evidence as to the parts contained in such 13 transcripts, with the same force and effect as if the 14 originals were produced. R. S., 693, §§ 6, 7. (Post, p. 2941.) 779, L. 1837, ch. 451, § 6. (Post, p. 3031.) 1 § 54. Sale of abandoned canal lands. Whenever the 2 canal board shall by resolution determine that any 3 lands taken for the purpose of the canals of the state 4 have been abandoned and that the title of the state to 5 such lands was acquired by purchase from the owners, 6 the commissioners of the land office may sell, grant and 7 convey the right, title and interest of the state in such 8 lands and credit the proceeds of the sale to the fund 9 appropriated for the construction, improvement and 10 repairs of the canals. If the title of the state to any 11 such lands was acquired by grant or otherwise from the 12 owner without the payment of any money by the state 13 therefor, such commissioners may release all the right, 14 title and interest of the state in and to such lands to 15 the persons granting them to the state, or from whom 16 the title was acquired by the state to be held by him, 17 his heirs or assigns, upon and subject to such rules, regu18 lations, requirements and conditions as may be deemed 19 for the interest of the state. If any such lands are 20 used at the time of such abandonment as or for a 21 hydraulic canal, such conveyance shall not in any way 22 prevent the future use of the land for the same purpose 23 and shall expressly reserve the right to continue such 24 hydraulic canal. The original owners of such abandoned 25 canal lands, their heirs or assigns, who may be the 26 owners of the lands adjoining thereto, shall have the 27 preference for one year subsequent to the passage of 28 any such resolution by the canal board, to purchase the 29 same by payment to the commissioners of the land 30 office of the amount originally paid by the state for 31 such lands. If any such abandoned canal lands were 32 owned by the state at the time they were taken for 33 canal purposes, and with the adjoining lands were sub34 sequently conveyed by the state without any express 35 reservation of the portion covered by the canal, the 36 grantees of the estate, their heirs or assigns, shall under 37 this section stand in the same position with respect to 38 the abandoned canal lands, as the like representatives 39 of individuals, upon paying therefor such sum as the 40 commissioners of the land office shall deem just and 41 equitable. 42 This section shall not apply to any abandoned canals 43 heretofore sold and conveyed by the state, or for the 44 sale of which provision is expressly made by law, nor 61. Permanent appropriation for repairs. 62. Owners of lands entitled to damages. 63. Damages resulting from the erection of dams or the tempo- 64. Temporary appropriation for repairs. 69. Private road in lieu of bridge. 70. Certificate of title required before payment of damages. 72. Restriction upon the construction of farm and road bridges. 73. Construction of bridges by municipal corporations. 74. Construction of such bridge by city. 76. Appropriation of Cayuga inlet. 77. Agreements for the purchase of water privileges. 78. Owner entitled to use of surplus water. 79. Appraisal; failure to comply with conditions; resumption 4 SECTION 88. Erection of walls; prohibition of waste gates. 89. Discharge of water. 1 90. Discharge of surplus water on Rome level. 91. Surplus water in the Oswego canal. 92. Proceedings for non-payment of rent of surplus waters of Black Rock harbor. 93. Supplying deficiencies of waters. § 60. Entry upon lands.-The superintendent of public 2 works may enter on, take possession of and use any 3 lands, structures and waters, the appropriation of which 4 for the use of the canals and the works connected there5 with, and for the execution and completion of any 6 repairs or improvements directed by the canal board or 7 legislature to be made, shall in his judgment be neces8 sary. An accurate survey and map of all such lands 9 shall be made by the state engineer and certified by him 10 to be correct, and the superintendent of purlic works 11 shall indorse thereon or annex thereto a certificate stat12 ing that the lands described therein have been appro13 priated for the use of the canals of the state, and such 14 map, survey and certificate shall be filed in the office of 15 the state engineer. The superintendent of public 16 works shall thereupon serve upon the owner of 17 any real property so appropriated a notice of 18 the filing and the date of filing of such map 19 and survey, and specifically describing that portion of 20 such real property belonging to such owner, which has 21 been so appropriated, and from the time of such ser22 vice, the entry upon and appropriation by the state of 23 the real property described in such notice, for the uses 24 and purposes of the canals shall be deemed complete, 25 and such notice shall be conclusive evidence of such 26 entry and appropriation and of the quantity and boun27 daries of the lands appropriated. 28 The superintendent may cause duplicates of such 29 notice with an affidavit of due service thereof on such 30 owner, to be recorded in the books used for recording 31 deeds in the office of the clerk of any county of the 32 state where any of the property described therein may |