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IN ASSEMBLY,

January 31, 1834.

REPORT

Of the committee on claims, on the petition of Jacob Failing.

Mr. Robertson, from the committee on claims, to whom was re ferred the petition of Jacob Failing,

REPORTED:

The petitioner represents, that he is an inhabitant of the town of Oppenheim, in the county of Montgomery; that he owns lands below the dam built across the Mohawk river, to the town of Minden, for the purpose of supplying the Erie canal with water; that said dam in the year 1829, broke away in part, which caused the water passing through the breach, to rush upon the lands of him the petitioner, and take a new direction by cutting a channel through his said lands, and that every succeeding freshet greatly increases the injury to the same.

The petitioner also states, that he made application to the ap praisers of damages done by the Erie canal, to appraise the damages which he had sustained; that he was informed by them, that no law existed authorising them to make such appraisal; he therefore prays the Legislature to make such legal provision, as will enable him to obtain pay from the State for damages done him by the construction of the Erie canal, as others have had in the like circumstances.

The committee upon due consideration of the matters set forth in the petition, and from credible information otherwise received, are unanimously of opinion, that the petitioner has sustained dama:

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ges to some amount, and that amount being ascertained by a judicious appraisal, he will have a just claim upon the State for the same; for which the committee have prepared a bill, and now ask leave to introduce the same.

IN ASSEMBLY,

January 29, 1834.

REPORT

Of the select committee, on the petition of Nathaniel Cogswell Smith.

Mr. McKeon, from the select committee, to whom was referred the petition of Nathaniel Cogswell Smith,

REPORTED:

The petitioner represents that by the bequest of a relative, whose name he desires to assume, he has become entitled to a considerable amount of property. The petitioner is also desirous of continuing the mercantile business in which his relative was extensively engaged, and favorably known under the same name.

The committee being of opinion that the request ought to be granted, have directed their chairman to ask leave to bring in a a bill.

[Assem. No. 100.]

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