IN ASSEMBLY, April 18, 1833. REPORT Of the committee on the incorporation of charitable and religious societies, on the petition of the society of mechanics and manufacturers of the county of Kings. Mr. Settle, from the committee on the incorporation of charitable and religious societies, to which was referred the petition of the society of mechanics and manufacturers of the county of Kings, REPORTED: That the petitioners pray for an amendment of their charter so as to vest the power of admitting members to the society in a board of directors, instead of the society generally, and assign as the reason for the proposed change, that a responsibility would rest upon the board of directors, which now attaches to no one. The committee cannot discover the force of the reason urged by the petitioners, and believe that in a society so limited in its powers and duties as that of a charitable institution, the voice of the many will be as likely to be correct as that of the few. This society was incorporated only at the last session of the legislature, and it can hardly be supposed that any serious inconvenience could have resulted from its operations, during the short period of its existence. And inasmuch as the general orders of the day are sufficiently crowded, the committee have no wish to extend its volume. with matters of doubtful expediency; more particularly as the provision complained of by the petitioners is usual in bills of that character; and as the committee believe, has been incorporated in every act which has passed the House the present session. The committee recommend that the prayer of the petitioners be denied. IN ASSEMBLY, April 18, 1833. REPORT Of the Canal Commissioners, on the petition of Luther Pardee and others. The Canal Commissioners, to whom was referred by the Assembly the petition of Luther Pardee and others, accompanied by several affidavits, REPORT: The petitioners allege that they are the owners of lands on the East Canada creek, near the Mohawk river, and that the dam across that stream erected by the State, flows their lands, destroys their dwelling-houses and fences, stops their mills, and renders the roads impassable; that these damages have occurred to a greater or less extent every year since the dam has been built; that "it has become truly calamitous since the dam has been raised," and that they have deferred their application to the Legislature "until the effects and influence of the dam had become indisputable. The petitioners pray the Legislature to direct that compensation be made for these damages, or that the dam, which they say "is known to be useless at the season of the year when most wanted, be destroyed." The dam of which the petitioners complain is situated on the Mohawk river, about twelve miles below the feeder at the LittleFalls, and twenty-three miles above the Schoharie creek, and was constructed in 1821, for the purpose of a feeder to the Erie canal. In a very dry season it furnishes almost the entire supply of water as far east as the feeder from the Mohawk river, four miles below Schenectady, a distance of fifty miles; and the continuance of this dam is indispensably necessary to the Erie canal. The lands in the valley of the Mohawk are generally low and subject to be inundated by floods, and a portion of the intervale land on both sides of the river, for about two and a half miles above the dam, have been considerably damaged by its erection. It is believed that all the claims presented to the canal appraisers for damages, in consequence of the construction of the dam, have been examined and adjudicated upon by them. It 1830 it became necessary to repair the top of the dam, which had become much worn and injured by the ice and floods. New range timbers, and a covering of plank, was extended over the entire length of the dam, which was also raised from twelve to eighteen inches, in order to force a greater quantity of water into the canal. This gave rise to a renewal of claims for damages. The canal appraisers, in 1831, examined all the claims presented to them for damages in consequence of raising the dam, and the amount awarded to the claimants has been paid, except in one case. If the petitioners have at any time, from the first erection of the dam to the present session of the Legislature, made any pretensions that they were injured by the dam, such pretensions have never reached either of the undersigned, as is now recollcted. From the upper end of the pond created by the dam to the confluence of the East Canada creek with the Mohawk river, is a distance of about one mile, and is, it is believed, a continued rapid; but the difference in the level between these two points is not known. From the circumstances to which we have referred, the under signed are constrained to believe that the claims of the petitioners are of a very doubtful character. All which is respectfully submitted. April 17, 1833. WM. C. BOUCK, JONAS EARLL, Junior. IN ASSEMBLY, April 18, 1833. REPORT Of the committee on the judiciary, on the petition of several members of the bar of the county of Madison. Mr. Livingston, from the committee on the judiciary, to which was referred the petition of several members of the bar of the county of Madison, REPORTED: That the petitioners pray for the passage of a law conferring upon the first judge of a county, being of the degree of counsellor at law, or upon a supreme court commissioner, equity powers and jurisdiction, in causes upon sums less than one hundred dollars. It appears to your that the establishment of the new equity tribunals asked for, would afford facilities for expensive litigation, which are not prayed for by aggrieved suitors or demanded by public sentiment. It is recommended by the committee that the prayer of the petitioner be denied. |