IV _And be it further enacted_, That whenever, in the opinion of the canal commissioners, it shall be for the interest of this state, for the prosecution of the works contemplated by this act, that all the interest and title (if any) in law and equity of the western inland lock navigation company should be vested in the people of this state, it shall be lawful for the said canal commissioners to pass a resolution to that effect, and that it shall then be lawful for the president of the canal commissioners to cause a copy of such resolution, with a notice signed by himself and the secretary of the said commissioners, to be delivered to the president or other known officer of the said company, notifying the president and directors of the said company that an application will be made to the justices of the supreme court, at a term thereof to be held not less than thirty days from the time of giving such notice, for the appointment of appraisers to estimate the damages to be sustained by the same company, by investing in the people of this state all the lands, waters, canals, locks, feeders, and appurtenances thereto acquired, used and claimed by the said company, under its act of incorporation, and the several acts amending the same; and it shall be the duty of the justices aforesaid, at the term mentioned in the said notice, and on proof of the service thereof, to appoint, by writing under the seal of the said court, and the hands of at least three of the said justices, not less than three, nor more than five disinterested persons, being citizens of the United States, to estimate and appraise the damages aforesaid; and it shall be the duty of the said appraisers, or a majority of them, to estimate and appraise the damages aforesaid, and severally to certify the same under oath, before an officer authorised to take the acknowledgement of deeds, to be a just, equitable, and impartial appraisal to the best of their judgment and belief, and shall thereupon deliver the same to one of the canal commissioners, who shall report the same to the same court; and if the said court shall be of opinion that the said damages have been fairly and equitably assessed, the said justices, or any three of them, may certify the same on the same report, and the amount of the said damages and the expenses of the said appraisal shall be audited by the comptroller, and paid on his warrant by the treasurer out of the canal fund; and the people of this state shall thereupon be invested with, and the said canal commissioners may cause to be used, all the lands, waters, streams, canals, locks, feeders, and appurtenances aforesaid, for the purposes intended by this act.