III _And be it further enacted_, That it shall and may be lawful for the said canal commissioners, and each of them, by themselves, and by every superintendent, agent, and engineer, employed by them, to enter upon, take possession of, and use all and singular any lands, waters, and streams necessary for the prosecution of the improvements intended by this act, and to make all such canals, feeders, dykes, locks, dams, and other works and devices as they may think proper for making said improvements, doing nevertheless no unnecessary damage; and that in case any lands, waters or streams taken and appropriated for any of the purposes aforesaid, shall not be given or granted to the people of this state, it shall be the duty of the canal commissioners from time to time, and as often as they think reasonable and proper, to cause application to be made to the justices of the supreme court, or any two of them, for the appointment of appraisers; and the said justices shall thereupon, by writing, appoint not less than three, nor more than five discreet disinterested persons as appraisers, who shall, before they enter upon the duties of their appointment, severally take and subscribe an oath or affirmation, before some person authorised to administer oaths, faithfully and impartially to perform the trust and duties required of them by this act, which oath or affirmation shall be filed with the secretary of the canal commissioners; and it shall be the duty of the said appraisers, or a majority of them, to make a just and equitable estimate and appraisal of the loss and damage, if any, over and above the benefit and advantage to the respective owners and proprietors or parties interested in the premises so required for the purposes aforesaid, by and in consequence of making and constructing any of the works aforesaid; and the said appraisers, or a majority of them, shall make regular entries of their determination and appraisal, with an apt and sufficient description of the several premises appropriated for the purposes aforesaid, in a book or books to be provided and kept by the canal commissioners, and certify and sign their names to such entries and appraisal, and in like manner certify their determination as to these several premises which will suffer no damages, or will be benefited more than injured by or in consequence of the works aforesaid; and the canal commissioners shall pay the damages so to be assessed and appraised, and the fee simple of the premises so appropriated shall be vested in the people of this state.