The People v. . the Canal Appraisers

This is a proceeding by mandamus to compel the canal appraisers to assess and appraise the damages which the relator has sustained by the use and diversion of the waters of the Mohawk river, at Little Falls, for the purposes of the Erie canal. It is assumed, and may be taken as conceded, that the Mohawk river is one of the navigable rivers of this State, and, perhaps, the court may take judicial notice of the fact that it is so. On the 30th of March, 1792, the legislature of this State incorporated a company to be known thereafter as “ The President, Directors and Company of the Western…