No. 22. IN ASSEMBLY, January 17, 1846. REPORT Of the Canal Commissioners on the petition of Elias Brown. CANAL COMMISSIONER'S OFFICE, TO THE ASSEMBLY: The Canal Commissioners submit their report in answer to the following resolution, to wit: "STATE OF NEW-YORK, "Resolved, That the petition of Elias Brown praying for compensation of damages sustained by him in consequence of the erection of a bridge across the Erie canal at West Troy, be referred to the Board of Canal Commissioners for their report thereon." The petitioner represents that he is owner of lot No. 182, in West Troy, being 30 feet front and rear, and 50 feet deep, bounded west by the Erie canal, north and east by the street or highway, south by lot No. 183, also owned by petitioner, on which lot is a handsome house two stories high, fronting said canal, and north on said highway. The petitioner complains that the State, in 1845, erected a bridge across the canal and placed an embankment to the same, which passes the north side of his house, and is so high as to cut off all access Assembly, No. 22] [u. n.] 1 to it except an alley 6 feet in width. That the height of this embankment darkens his windows-the dust of which blows into his roomsthe water from which, in wet weather, runs into his alley and cellar, thereby rendering his building of little or no value. And, therefore prays the Legislature to grant him such sum of money as shall compensate him for his alleged damages. From a personal examination recently made by an engineer in the employ of the State, and from the map of the Erie canal in the Commissioner's office, it appears that lot No. 182 above mentioned, is situate on the east side of the Erie canal and south side of Spring-street, at the intersection of said canal and street in that part of the village of West Troy known as Port Schuyler. The embankments of the new bridge were completed during the past year. The bank in front of the building, on lot 182, is about five feet above the level of the street, and the space between the bottom slope of the embankment and the building is 8 feet. The building is 30 feet front on Spring-street and 18 feet deep. The injuries, of which the petitioner speaks, might, in a great measure, be remedied by constructing an open drain at the foot of the embankment and discharging the surface water into the canal. Such a drain would be attended with a trifling expense. The front of this building could readily be changed to the street bounding the premises on the east side. The building in question is a cheap frame structure, and, apparently, has been standing for many years. The Commissioners would further remark that the erection and maintenance of the bridge in question is indispensible to the accommodation of the public, and the proprietors of lots and dwellings situate on the street with which it connects and it is presumed the lots of the petitioner, on the whole, are benefitted to some extent, in common with others, by the construction of the new bridge. It appears from the minutes of the canal appraisers, that they made an award to the petitioner on the 10th of April, 1843, of $1,027.84 upon claims presented by him for damages to the lots above mentioned, and also lot No. 220, in consequence of the enlargement of the canal, and refused to award any damage to the petitioner on that part of his claim, then presented, for the want of a bridge at this place. The reason assigned by the appraisers for denying the latter claim was, that it did not appear from any facts before them that the State, by its agents, had decided not to erect a bridge at this point. All which is respectfully submitted. NATHANIEL JONES, No. 23. IN ASSEMBLY, January 19, 1846. REPORT Of the Secretary of State, in answer to a resolution of the Assembly. SECRETARY'S OFFICE, Albany, Jan. 19th, 1846. S TO THE ASSEMBLY: The Secretary of State, in answer to the resolution of your honorable body of the 17th inst., requesting him to transmit the Lithographic Maps and Statistics required by the 16th section of the act entitled "An act relative to the Census or enumeration of the State," passed May 7th, 1845, RESPECTFULLY REPORTS: That he cannot at this time transmit the before mentioned maps, as they have not yet been received at this office. The Secretary desires respectfully to state, that he believes he has not been unmindful of the importance of the duty devolved upon him by the act; that he has made every necessary effort in his power to comply with its provisions, and that he never could have been so regardless of his duty as to withhold these maps, even one day, after they had been delivered into his possession. That on the fifth of September last, after advertising that sealed proposals would be received to furnish the maps, a contract in writing [Assembly, No. 23.] [u. n.] 1 |