Life of con Obligations tor, etc. isfaction of the canal board, the said bonds shall be returned to him at the expiration of the contract, with such accumulations of interest as may have been received and retained thereon. S3. Every contract made under the provisions of this act tract. and the act hereby amended shall extend over a period of not of contrac- more than five years; and moreover, every such contract shall be deemed taken, held and adjudged to bind and hold the contractor not only to put, but also to keep the section of the canal embraced within the contract, with all its structures, feeders, reservoirs, ditches, bridges and every other matter belonging thereto, by all needful reparations, amendments, reconstructions and replacements, in accordance with the original plan of construction, in a good, safe and navigable condition and repair, and so maintain the same during the existence of the contract; but the provisions of this section shall not be construed to limit the powers of the canal commissioners in directing the contractor as to any and all precautionary measures they may consider necessary and expedient to preserve and maintain navigation and the bridges and prevent hindrance and delay in the passage of boats. $ 4. It shall be the duty of the canal commissioners, engimissioners, neers in charge of canal repairs, and superintendents to give et to re their diligent attention to the method and manner in which the contractors execute and perform their work of repairs; and every engineer and superintendent shall, when any fault or neglect of a contractor shall come to his knowledge, immediately report the same to the commissioner in charge; and every such engineer and superintendent who shall be remiss or neglect his duty in this respect, shall be immediately dismissed from office by the contracting board, which board shall certify every such dismissal to the canal board. Duty of canal com tion con tract. Covenant in relation to $5. It shall be the duty of the contracting board, in every breaks, etc. contract hereafter awarded, to insert a covenant or condition therein to the effect that in cases of breaks and breaches in the canal embraced in the contract, or failures of structures, the contractor shall bear and pay all the costs and expenses of amending every such break and breach, or failure of structures, and to restore navigation to the extent and limit of seven thousand dollars; and such contractor shall not thereafter have any claim upon the state for any remuneration or compensation for the moneys so expended by him. Informal- $ 6. In all cases of informalities or irregularities in the proposals tendered for a repair contract in not complying fully and minutely with the regulations adopted by the board, it shall be the duty of the contracting board to ascertain whether such informality and irregularity and nonconformity with the regulations be a matter of substance that would or might vitiate and make null and void the proposal and boud accompanying the same, or whether this nonconformity con ities in pro posals. sist merely in some formal and immaterial neglect and omission, not affecting in substance the proposal and bond, or the rights and interests of the state, then it shall be the duty of the contracting board in the latter case to waive such formal and immaterial omissions and neglects, permit the party interested to correct and amend the same when he can do so immediately and upon the spot, and accept such proposal and bond as valid and legal. tracting posals. $7. It shall be the duty of the contracting board, in case When conit shall be of opinion that the proposals tendered at any board ma letting are, in consequence of any combination among the decline proproposers, or for any other cause, excessive or disadvantageous to the state, to decline all such proposals, and advertise anew for such work. 58. In all cases where the rebuilding of locks on the un- Locks. finished canals has been excepted out of a contract for repairs, under the provisions of the act hereby amended, the contracting board shall contract for rebuilding such locks on sealed proposals, after due notice given for that purpose. subject to $9. Every contract for repairs hereafter made shall be held Contracts subject to the power of the legislature to make such changes change by in the forms and dimensions of the structures upon the canals legislature. as may be deemed for the interest of the state; and in such case no contractor shall have any claim for damages under his contract. board to etc. $10. The contracting board shall in all cases prescribe such contracting rules and regulations as it may deem advisable and proper to prescribe ascertain the actual cost and expenses of any contractor for rules, etc., repairs in repairing breaks and breaches in the canal, within his contract, so that a uniform method of accounting shall prevail in this respect under all the commissioners. $11. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. dent of $12. Nothing herein contained, nor in the act hereby Superintenamended, shall authorize the appointment or continue in repairs. office beyond the first day of June next any superintendent of repairs on the canals of this state, nor shall any engineer or canal commissioner authorize any work to be performed, or incur any expense relating to said canals except in pursuance of an appropriation duly made therefore by the legislature or canal board, or except in case of a breach in the canals when the same shall be abandoned by the contractor having the same in charge. 13. This act shall take effect immediately. Ante, vol. 3, p. 190. CHAP. 583. AN ACT to amend the act entitled "An act in regard to Normal Schools," passed April seventh, eighteen hundred and sixty-six, and providing for a Normal and Training School in the city of Buffalo. PASSED April 23, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. The commissioners named in the first section of the act entitled "An act in regard to normal schools," passed April seventh, eighteen hundred and sixty-six, and of which this act is an amendment, shall be and they are hereby authorized, in their discretion, to accept the proposals which were made to them under the provisions of the said act, for the location of a normal and training school in the city of Buffalo, or any additional or other proposals which may be made in respect thereto; and, upon the acceptance of such proposals, all and every of the provisions of the said act shall apply to said normal and training school and the location, establishment, conduct and maintenance thereof, and shall have full force and effect in respect thereto and to all matters connected therewith, in the same manner and with the like effect as though the said proposals had been duly accepted according to and under the provisions of said act; and all acts, resolutions and proceedings of the common council of the city of Buffalo, and of the board of supervisors of the county of Erie, in respect to the location or establishment of a normal and training school in said city, are hereby confirmed and made effectual for the purposes intended, in the same manner and with the like effect as if a normal and training school had been duly located in said city by the acceptance of proposals therefor under the provisions of said act. S2. This act shall take effect immediately. Ante, vol. 6, p. 739. CHAP. 595. AN ACT to amend an act entitled "An act to amend an act entitled 'An act to organize the State Lunatic Asylum, and more effectually to provide for the care, maintenance and recovery of the insane,' passed April seventh, eighteen hundred and forty-two," passed April sixteenth, eighteen hundred and sixty, chapter four hundred and fifty. PASSED April 23, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. Section one of the act entitled "An act to amend an act entitled 'An act to organize the state lunatic asylum, and more effectually to provide for the care, maintenance and recovery of the insane,' passed April seventh, eighteen hundred and forty-two," passed April sixteenth, eighteen hundred and sixty, is hereby amended so as to read as follows: how fixed. The managers shall from time to time determine the annual Salaries salary and allowances of the treasurer and resident officers of the asylum, who have been or may hereafter be appointed, subject to the approval of the governor, secretary of state and the comptroller, provided that such salaries shall not exceed in the aggregate ten thousand dollars for one year. S2. This act shall take effect immediately. Ante, vol. 4, p. 18. CHAP. 604. AN ACT relating to the transmission to the office of the Secretary of State, by clerks of courts and sheriffs, of records of conviction and certain other statistical information, as now required by law. PASSED April 23, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: torney to offense. SECTION 1. Within ten days after the adjournment of any District at criminal court of record in this state, the district attorney of furnish dethe county in which said court shall have been held, shall cription of furnish to the clerk of said court such a description of the offense committed by every person convicted of crime, abridged from the indictment, as would be sufficient to maintain the averments relating to such offense, necessary to be Transmission of statement ments to office of made in an indictment for a second offense. Every district attorney who shall neglect or refuse to prepare and deliver to the said clerk such statement within the time above specified shall forfeit the sum of fifty dollars for each case of neglect or refusal, to the use of the people of this state, said penalty to be recovered in a civil suit by the attorney-general. S2. Within twenty days after the adjournment of any criminal court of record, the clerk thereof shall transmit to of indict the office of the secretary of state such statement, thus furnished by the district attorney, of all convictions had at said court; and in case of his refusal or neglect to transmit the same as aforesaid, the said clerk shall be liable to the like penalty as prescribed in the foregoing section. secretary of state. Sheriff to report to secretary of state. $3. Within twenty days after the adjournment of any criminal court of record, the clerk thereof shall also transmit to the office of the secretary of state a duly certified statement of the number of indictments tried at such court, specifying the number for each separate offense, the number on which convictions were had, the number on which defendants were acquitted, the number of indictments against persons who were convicted on confession, and also the number of indictments against persons who were discharged without trial. On or before the fifth day of every month, the clerk of each county shall transmit to the secretary of state copies of all certificates of convictions made by any court of special sessions, and required by law to be filed with such clerk, which have thus been filed in the office of said county clerk during the previous month; aud for every neglect or refusal to transmit the same as aforesaid, said clerk shall be liable to the like penalty as prescribed in section one of this act. S4. Within twenty days after the adjournment of any criminal court of record, the sheriff of the county in which such court shall be held shall report to the secretary of state the name, occupation, age, sex and native country of every person convicted at such court, of any offense, the degree of instruction which each person so convicted has received, and all such other items of information in relation to such convicts and their offenses as the secretary of state shall require, which reports shall be made in such form as the said secretary shall prescribe. And to enable such sheriffs to make the said returns, they shall be authorized, by themselves and their deputies, to make all necessary inquiries of the persons convicted, before or after trial, and of the keepers of prisons where such convicts may be confined, and of all other persons. For their services in the premises, as well as for collecting statistics relating to convictions in courts of special sessions, such sheriffs shall be allowed a reasonable compensation by the board of supervisors of their respective counties as a county charge. |