IN ASSEMBLY, January 13, 1831. REPORT Of the Committee on Claims, on the petition of Ezekiel Cravath. Mr. J. C. Spencer, from the committee on claims, to which was referred the petition of Ezekiel Cravath, REPORTED: A road was laid by the commissioners of highways of the town of Wethersfield in the county of Genesee, through land of the petitioner which was neither improved, cultivated or enclosed; by which, as he alleges, he sustained damage, but has received no compensation therefor. He relies on the constitutional provision that private property shall not be taken for public use, without just compensation, and calls upon the Legislature to compensate him for the damage he has sustained. If the law authorising the laying out and opening of a highway through his unimproved land, be unconstitutional, the petitioner has a simple and easy remedy against those who committed the injury, by an appeal to the courts of justice, and if they pronounce the law unconstitutional, it will be time enough for the Legislature to provide a remedy for the petitioner. But the committee can not now undertake to investigate or decide the question, whether a law which has been in operation about forty years, is unconstitutional. They should at any time think that neither this House or one of its committees, was exactly the tribunal to determine such a matter. And if they should, and should find the act unconstitutional, they do not perceive how the State of New-York is bound to compensate the petitioner. The committee recommend to the House, the adoption of the following resolution : Resolved, That the prayer of the petition of Ezekiel Cravath be denied, and that he have leave to withdraw the same. IN ASSEMBLY, January 13, 1831. REPORT Of the Committee on Trade and Manufactures, on the report from the Secretary of State, in relation to standard weights and measures. Mr. Bogert, from the committee on trade and manufactures, to whom was referred the report from the Secretary of State in relation to furnishing the counties with the standard weights and measures, REPORTED That they have had the subject under consideration. The only question to which the Secretary of State has in his report drawn the attention of the House, is whether the copies of the original standards of weights and measures, which he is by law directed to furnish to the several county sealers, shall be paid for out of the state treasury, or be supplied at the expense of the counties? By the act to regulate weights and measures, passed March 19, 1813, it is provided that the standards of weights and measures shall be furnished to both county and town sealers, at the expense of their respective counties or towns. It is enacted in the Revised Statutes, vol. 1, p. 609, that "copies of such original standards shall be transmitted by the state scaler to the several county sealers to be furnished by them to the town sealers in their respective counties, at the expense of the towns." From this language the committee infer, that the legislature intended that the standards to be furnished the county sealers should [A. No. 27.] 1 be at the expense of the counties. But whether such was their intention or not, it appears to be reasonable that inasmuch as most of the counties have been provided at their own expense, the others should be supplied in the same manner. Had the new construction of standards of weights and measures, contemplated by the 19th chapter of the first part of the Revised Statutes, been carried into effect, it would have been necessary for all the counties to have been furnished with copies at the same time, and in that case it would perhaps have been proper and equitable that the State should bear the expense; but in 1829 it was enacted (Session Laws, 1829, p. 433,) that the standard weights and measures then in the office of the Secretary of State, should be and remain the standards until provision should be made for the construction of those contemplated in the revision. No such provision having as yet been made, the committee concur in the opinion of the Secretary of State, that the counties should, as heretofore, be supplied with the existing standards at their own expense. Applications for copies are made under the impression that the State is to furnish them without cost, and refused, because the law makes no provision to defray the expense. It is therefore necessary that a law should be passed on the subject. At the last session, on the suggestion of the Secretary of State, a bill was introduced in the Senate providing that county sealers should be furnished at the expense of their counties. It passed that house, but reached the Assembly too late to be acted upon. The committee have prepared a similar bill, which they have directed their chairman to ask leave to introduce. IN ASSEMBLY, January 13, 1831. REPORT Of the Committee on Grievances, on the petition of Salmasius Bordwell and William Brayton. Mr. Birdsall, from the committee on grievances, to whom was referred the petition of Salmasius Bordwell and William Brayton, REPORTED That the committee have examined the statements of the petitioners, as set forth in their petition, together with the affidavits and documents accompanying the same. They have also heard the statements of Mr. Bouck, the acting canal commissioner, referred to in the petition, and have unanimously adopted the report of Mr. Granger, from the committee on grievances, to this House, at it last session, (see document No. 319,) to which they beg leave to refer. The committee have prepared a bill, which they ask leave to pre |