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(Award Book, Vol. 2, page 292.)

At a stated session of the Board of Claims of the State of New York, held at the Capitol in the city of Albany on the tenth day of September, 1885.

Present. Hon. Lyman H. Northup, Presiding Commissioner; Hon. George M. Beebe, Hon. Henry F. Allen, Associate Commissioners.

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Seymour and Weaver, Attorney for Claimant.

W. A. Poste, Deputy Attorney-General, for the State of New York.

This claim for the sum of Seven Thousand Dollars, for the permanent appropriation of land, situate in lot No. 1 of the Noblesborough Patent, in Herkimer county, N. Y., by the State of New York, in the construction of the North and South Branch Reservoirs on Black River, and damages incident to and arising from said appropriation, filed with the late Board of Canal Appraisers on September 25, 1857, and heard by said Board on April 8, 1879, and a rehearing thereof ordered by the Canal Board on November 28, 1881, and pending and undetermined before said Canal Appraisers on May 31, 1883, and transferred to this Board by chapter 205 of the Laws of 1883, came on to be heard before this Board at a session thereof held in the city of Utica, N. Y., in June, 1885.

On reading the Claim, and after hearing the proofs and testimony presented, and the arguments of Counsel for the State and the Claimant, and due deliberation being had, this Board do find the following

FACTS.

First. That on or about July 29, 1845, the Claimant became the owner of the undivided half of lot number one of the

Nobleborough Patent, in the County of Herkimer, State of New York, described as Forty-Four Hundred acres of land, more or less. That on or about October 16, 1850, said claimant became the owner of the remaining undivided half of said Lot number one. That said Claimant is still the owner thereof. That the Black River, and the North and South branches therof, run through said Lot No. 1, and the two lakes, one on the north, and one on the south branch of said Black River, are situated upon said Lot number one. That both the aforesaid north and south branches and lakes form a part of Black River.

Second. That prior to September 25, 1857, but at what particular time does not clearly appear, the State of New York, by its officers, agents and servants in that behalf duly authorized, entered upon, took and permanently appropriated portions of the aforesaid lot number one of the Nobleborough Patent, then owned and possessed by the Claimant, lying on both sides of said Black River and said North and South branches thereof, and including both the north and south lakes so as aforesaid forming a part of said Black River, for the purpose of the construction of reservoirs at said North and South lakes respectively, as and for feeders to the Black River Canal and Feeder, and the Erie Canal. That surveys were made for such proposed reservoirs in 1851, and the acres within the flowline by said survey proposed for said North Lake reservoir of said Lot No. 1, were 224; and for said South Lake Reservoir of said lot No. 1, were 518. That it does not appear when the map of said survey was filed. That subsequently work was commenced for the construction of said reservoirs, that upon the North Lake being commenced first. That for some time but little work was done. That by action of the Canal Board the work was several times abandoned and the contracts therefor canceled; then the work was resumed and new contracts made and said reservoirs finally completed the North reservoir being completed on or about the year 1856, and the South reservoir on or about the year 1860. That on September 11, 1854, a new map of the North Lake reservoir was filed, and on July 11, 1855, a new map of the South Lake reservoir was filed.

Third. That by Chapter 245 of the Laws of 1857, passed April 3, 1857, and which took effect immediately thereafter, it was enacted, "Within one year from the passage of this Act, it shall be lawful for the owners and lessees of land and water rights upon the Black River to present their claims for damages on account of the taking of the waters of said river for the use of the Black River Canal and Erie feeder, the same as if they had been presented within the time prescribed by law."

Fourth: That the Claim herein was filed with the Board of Canal Appraisers on September 23, 1857, and within one year from the passage of said Chapter 245 of the Laws of 1857.

Fifth: That the land so as aforesaid, the property of the Claimant herein, in Lot No. 1 Nobleborough Patent, permanently taken for said North and South Branch Reservoirs, and the water, is bounded and described as follows:

NORTH BRANCH RESERVOIR.

Beginning at a point in the north line of the Nobleborough Patent S. 55 degrees E. distant 28 chains from the northwest corner of said patent, said patent being the intersection of said north line with the west flow line of the North Branch Reservoir, said flow line being described on map filed in the State Engineer's Office; thence S. 55 degrees E. 8 chains across said Reservoir to the east flow line; thence southerly and westerly along said flow line to the west line of said Nobleborough Patent; thence north 32 degrees 30 minutes East along said west line 53 1-2 chains to where it intersects the west flow line of said Reservoir; thence north easterly along said west flow line to the place of beginning. Containing Two Hundred Twenty-Four (224) acres.

SOUTH BRANCH RESERVOIR.

Beginning at a point in the east line of Lot No. 2 Nobleborough Patent S. 32 degrees 30 minutes W. distant 8 chains from the northeast corner of said lot, said point being the intersection of said east line with the north flow line of the South Branch Reservoir, said flow line being described on maps filed in the State Engineer's Office, said point being also distant 6 1-2 chains west

erly from the extreme east point of said South Branch flow line; thence S. 32 degrees 30 minutes W. across the east point of the Reservoir 11-2 chains to the south flow line of said Reservoir; thence following around the flow line of said Reservoir to the place of beginning. Containing Five Hundred Seventeen (517)

acres.

Sixth. That the total amount of said appropriation so as aforesaid made, was Seven Hundred and Fifty-one acres.

Seventh. That the fair and reasonable value of said land so as aforesaid permanently taken and appropriated by the State of New York, at the time of said appropriation, was the sum of One Thousand Eight Hundred Eighty-five Dollars.

And upon the foregoing fact this board do find decide and determine:

That the Claimant herein is entitled to an Award for the sum of One Thousand Eight Hundred Eighty-Five Dollars.

We do therefore Award to the Claimant herein the sum of One Thousand Eight Hundred and Eighty-Five Dollars.

L. H. NORTHUP,

G. M. BEEBE,

HENRY F. ALLEN,

Commissioner of the Board of Claims.

(Award Book, vol. 2, page 103.)

At an adjourned session of the Board of Claims of the State of New York held in the city of New York on the fourteenth day of March 1885.

Present: Hon. Lyman H. Northup, Presiding Commissioner; Hon. George M. Beebe, Hon. Henry F. Allen, Associate Commissioners.

ALEXANDER B. LAMBERTON, Claimant,

against

THE STATE OF NEW YORK.

Award.

Bentley and Jones, Attorneys and Wm. H. Bowman of Coun sel for Claimant.

I. H. Maynard, Deputy Attorney General, for the State of New York.

This Claim for the sum of Thirty Thousand Dollars, for a permanent appropriation of land, water and right of flowage, and for damages to land and property situate in Township No. 7 of Brown's Tract, town of Wilmurt, Herkimer County, N. Y. from the construction by the State of a dam at the Old Forge in said town, filed with the late Board of Canal Appraisers June 19, 1880, and pending and undetermined before said Board on May 31, 1883, and transferred to this Board by Chapter 205 of the Laws of 1883; came on to be heard before this Board at a session thereof held in the city of Albany, N. Y., in January, 1885.

On reading the Claim, and having viewed the premises according to law, and after hearing the proofs and testimony presented and the arguments of Counsel for the Claimant and the State, and upon the aforesaid view, due deliberation being had, this Board do find the following

FACTS.

First. That in the years 1879 and 1880, and for some years prior thereto, the Claimant was the owner and in possession of a tract of land of about thirteen hundred fifty-eight and 62-100 acres, situate in Township No. 7 of the Brown Tract in the town of Wilmurt, County of Herkimer, State of New York. That there was, and had been for many years, upon said premises, a dam at what was known as the "Old Forge," and Claimant had with said land the right to raise said dam three feet above its original height. That upon said premises was a waterway and power, being a part of Moose River and the outlet to the Fulton Chain of Lakes. That some fifty acres of said land adjacent to said waterway were cleared and cultivated; that upon said premises was a saw-mill; that there was located a hotel upon said premises more or less frequented in the summer season, and in connection therewith was a boat house and docks; that said hotel was supplied by water in pipes by means of a ram located at the aforesaid dam, by means of which the flow of

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