FISHERIES, GAME AND FOREST LAW. 363 



the duty of the superintendent of public works to close the said fishway whenever the water in 

 said river shall have reached such a level as to in any wise interfere with the use of the 

 surplus waters on either side of said river by the lessees thereof, or to impede canal navigation. 



§ 2. The sum of eighteen hundred dollars, or so much thereof as may be necessary, is 

 hereby appropriated out of any moneys in the treasury not otherwise appropriated, to build said 

 fishway. pavable by the treasurer on the warrant of the comptroller to the order of said 

 superintendent. 



§ 3. Nothing in this act contained shall be so construed as in any way to interfere with or 

 abridge the rights to the surplus waters created by the erection of the state dam aforesaid 

 demised by the people of the state of New York, in and by a certain grant or lease of said 

 surplus waters, made by the people of the state of New York, to the Lansingburgh Dry Dock 

 and Hydraulic Company, the second day of January in the year one thousand eight hundred 

 and thirty-two, and in and by a certain grant or lease of said surplus waters made by the people 

 of the state of New York to George Tibbits, the twenty-sixth day of November, in the year 

 one thousand eight hundred and thirty-five, or to interfere with or abridge the use of said 

 surplus waters, or the rights, liberties and privileges granted and demised by said grants 

 or leases. 



5 4. Chapter five hundred and fifty-five of the Laws of eighteen hundred and seventy, 

 entitled " An act to provide for the construction of fishways in the state dams at Troy and 

 Fort -Miller," and so much of chapter eight hundred and fifty of the laws of eighteen hundred 

 and seventy-two, entitled " An act to provide for the construction of fishways in the state dams 

 at Troy and Fort Miller," as relates to an appropriation for said dams, are hereby repealed. 



§ 5. This act shall take effect immediately. 



CHAPTER 212 OF THE LAWS OF 1862. 



AN ACT to facilitate the ingress of salmon into Cayuga lake, and for the protection of 



the same. 

 Passed April 12, 1862. 



Section 1. The owner or owners of each and every dam, whether such owner be an indi- 

 vidual, several individuals or the state, made across the Oswego river, or other rivers leading 

 from the Cayuga lake into Lake Ontario, so as to prevent the usual course of the salmon from 

 going up the said rivers into Cayuga lake, shall, on or before the first day of October next, so 

 alter such dam, by making a slope apron in the dam in the said river, at least five feet wide, 

 smoothly planked, descending from the top of the dam on an angle of not more than thirty 

 degrees and extending to the bottom of the river below, with a side plank of at least one foot 

 in width attached to each side of said apron, in such a manner as to confine the water to the 

 channel-way of said apron in its passage over the dam. Each such dam shall be made at least 

 one foot lower at the place where such apron is joined thereto to create a sufficient draft and 

 depth of water on said apron for the free passage of salmon up said river and over said dams 



to the waters in Cayuga lake. 

 2=; 



