Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in the passage of the same, without amendment.

Mr. Nicks moved to take from the table the bill entitled "An act to construct a harbor and breakwater at the junction of the Chemung canal with the Seneca lake."

The President put the question whether the Senate would agree to said motion to take from the table, and it was decided in the affirmative. Said bill was then read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

The Assembly returned the bill entitled "An act in relation to the village of Gloversville, in the town of Johnstown, and to enlarge the boundries thereof," with a message that they had passed the same with the following amendments:

Add at the end of section five, the following:

"All statutes that may exist when any vacancy shall occur in the office of such police justice, providing for filling vacancies in the office of such police justice, as far as the same may be applicable, except that the appointment shall be made by the board of trustees of such village."

Section 9, in line 2, strike out the word " one or two," and insert " as many." And after the word "determined" in line 2, insert "not ex-'. ceeding five."

Mr. Kline moved to concur in said amendments.

The President put the question whether the Senate would agree to said motion to concur, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendments.

Mr. Parsons moved to take from the table the bill entitled "An act to authorize the construction of enlarged lccks upon the Erie and Oswego canals, and to provide the means to pay the expense thereof.”

The President put the question whether the Senate would agree to said motion to take from the table, and it was decided in the affirmative, as follows:

The question pending being the amendment offered by Mr. Wolcott yesterday.

The President put the question whether the Senate would agree to said motion of Mr. Wolcott, and it was decided in the affirmative, as follows:

Mr. Parsons moved to further instruct the committee to report the fol

lowing bill:

the Erie

AN act to authorize the construction of enlarged locks upon canal, and to provide the means to pay the expense thereof. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The Canal Board is hereby authorized and required to construct one tier of locks upon the Erie canal, westward from Syracuse to Buffalo, excepting the locks at Lockport and where they are now double, two hundred and twenty feet long between the gates, and with twentysix feet width of chamber, and the materials necessary to be used in the construction of the lock walls shall be rubble masonry, of a good and substantial character, to be approved by the State Engineer and Surveyor. All the work authorized by this act spall be let at the earliest day practicable, in such manner as to insure its completion as soon as the means herein provided can accomplish the same, without any material interruption to the navigation in said canals. And the work of this enlargement and improvement shall be so conducted and carried on to completion as not to impede or obstruct the navigation of the said canal, and provisions and stipulations to this effect shall be inserted in all contracts made under this act; and the whole work provided for by this act shall be completed as soon as the same can be done with the means hereinafter provided.

§ 2. A State tax of one-half of one mill upon every dollar of valuation of the real and personal property of the people of this State, for each of the years of 1867 and 1868, shall be levied, assessed and collected in each of the several counties of this State, and all the proceeds thereof shall be paid into the treasury of the State by the county treasurer, to the credit of the Canal Fand; and the same is hereby appropriated for the purposes of this act. The Auditor of the Canal Department shall draw his warrant upon the Treasurer from time to time, for the proceeds of such tax, as the money shall be required for the purposes of this act.

§ 3. The Commissioners of the Canal Fund and the Comptroller are hereby authorized to invest in said tax any moneys in their control, or in the control of either of said Commissioners, or said Comptroller, belonging to either of the Sinking Funds. All the moneys thus obtained. shall be applied, and the same are hereby appropriated to pay for the work authorized by this act, and shall be paid for such purpose by the Treasurer, upon the warrant of the Auditor of the Canal Department, as required. And so much of the moneys arising from said tax as may be necessary, shall be applied to reimburse the said Sinking Funds for the amount invested in said tax, and for the interest thereon, not exceeding five per cent per annum, from the time of the investment to the day of payment.

§4. The moneys appropriated by this act shall be exclusively applied to the enlargement of one tier of locks, on the Erie canal, as herein provided, and the removal of bench walls where they now exist, so that the general dimensions of the said canal shall be seventy feet in width upon the surface by seven feet in depth, and fifty-two and a half feet wide upon the bottom.

§ 5. As soon as practicable after the passage of this act, and before any contracts for the completion of the work herein contemplated shall be made, the State Engineer and Surveyor, having reference to the maps, plans and estimates made to the Legislature by the late State Engineer and Surveyor, dated February 4, 1864, shall perform and execute the duties prescribed by the sixth section of chapter 377 of the Laws of 1850. The Canal Board shall examine the maps, plans, specifications and estimates furnished by the State Engineer and Surveyor, and shall have power to alter or modify the same, and finally decide upon the maps, plans, locations and specifications of the work to be let, which said work shall be put under contract, and progress to completion so as to bring the said several improvements into use at the same time, as nearly as may be, except as herein otherwise provided. But nothing in this section shall authorize the said board to abandon the present line of the said canal.

§ 6. The work to be done and the materials to be furnished according to the plans, maps, specification and locations so approved by the canal board, shall be contracted for in behalf of the State by a board consisting of the Canal Commissioners, the State Engineer and Surveyor, and auditor of the canal department, at meetings to be held on the line of the said canals at such times and places as the said board shall designate and appoint. Public notice of the time of meeting at the said places respectively, for the reception of sealed proposals for entering into contracts for any of the said work, shall be published for three weeks successively in the state paper, and in such newspapers published in the vicinity of the work to be done as the contracting board shall direct; and such contracting board, for the purposes of this act, shall have the same powers and perform the same duties, and be subject to all the conditions and restrictions provided by law, in respect to contracts by the canal commissioners for work or materials upon the canals of this State, unless otherwise provided by this act.

§ 7. Before any work shall be contracted for, the matters' specified in the ninth section of chapter 377 of the Laws of the year 1850, shall be ascertained, under the direction of the State Engineer and Surveyor, and the said section shall be in all respects applicable to the proposals, contracts and proceedings, for making the contracts authorized by this act. § 8. In addition to the provisions of law now existing, and for the pur[SENATE JOURNAL.] 72

pose of rendering them more effectual, all proposals and contracts for work to be done and materials to be furnished, herein authorized, shall be subject to the following conditions and restrictions:

1. All such proposals shall be for a sum certain as to the price to be paid for each and every kind of work that can in its nature be specified and for the quality and quantity of every material to be furnished.

2. Every proposal shall be accompanied by an affidavit, endorsed thereon, of each person uniting in such proposals that he is not directly or indirectly interested in any other proposal for the same work or materials, or any part of the same; that he has no agreement or understanding with any other person to become interested in any other proposal or contract for the same work or materials, or any part thereof; and that no other person than such as shall be named in the proposal is interested in the same, or has any agreement or understanding to become interested in any contract that may be made in pursuance of such proposal.

3. Every proposal for work or material authorized by this act shall be accompanied with a bond to the people of this State, in such penalty as shall be required by the Contracting Board, not less than twenty nor more than fifty per cent of the Engineer's estimate of the cost of the work and materials embraced in the contract which shall be awarded upon such proposal, the amount of which penalty shall be stated in the advertisement for such work and material; and which bond shall be signed by the party making such proposal and two or more responsible sureties, with such evidence of their responsibility as the Contracting Board shall require, and which sureties shall justify in sums equal in the aggregate to twice the amount of such penalty; and which bond shall be conditioned that if the contract shall be awarded to the party making such proposal, that he or they will, within ten days, if living, after such award, enter into contract for the performance of the work and furnishing of the material referred to in such proposal, upon the terms prescribed by the Contracting Board; and also, the further condition that the contractor or contractors, after making such contract as aforesaid, shall and will, without delay, enter upon the execution thereof, and fully and faithfully perform the same, according to the stipulations contained therein; and upon his or their failure to enter into such contract, or to fully and faithfully execute and perform the same, that the obligors in the said bond will forfeit and pay into the treasury of this State a sum equal to ten per cent upon the estimate of the Engineer of the cost of the work and materials embraced in said contract, at the price named in the proposition, as liquidated damages; and if any breach shall occur in the condition of such bond, the same shall be handed over immediately to the Attorney General, who is hereby authorized and required forthwith to prosecute the same, and without unnecessary delay to recover and collect the liquidated damages specified in the condition thereof, and all damages sustained by the State by the non-performance of the said contract or any part thereof; and the same shall not be compromised, nor shall the prosecution or collection of the same be delayed or suspended by any board or officer. But nothing herein contained shall be construed to prevent or prohibit the suretios of any contractor or contractors, in case of his or their neglect, refusal or inability to enter into or complete such contracts, from accepting and completing the same upon their own account, upon giving the like satisfactory security therefor as is already provided for in this act; or the letting board may, in their discretion, at the request of such suretics, to them signified in writing, award such

contract to any other person who will accept the same for the prices named in the proposition of such defaulting contractor or contractors. But upon the ultimate failure or refusal of the person or persons to whom a contract may be awarded to enter into the same, it shall be the duty of the Contracting Board to proceed forthwith to relet the same in the manner required by law, or they may in their discretion award such contract to the next lowest bidder at the same letting, and in case he will not enter into contract for the same on the terms required by this act,' the same shall be advertised anew and be let according to law.

4. No acceptance of a proposal or award of a contract by the said Contracting Board, and no contract made by the said board or any interest in the same, shall be assignable to any person or persons without the written consent of the Canal Commissioners.

5. In every contract there shall be a provision that fifteen per cent of the amount of any work done or materials furnished, at the contract price thereof, shall be reserved by the Canal Commissioners until the whole work which is the subject of the contract shall be fully and entirely completed. Every engineer certifying the amount of any work done or materials furnished, pursuant to any contract made under this act, shall in his certificate set forth the whole amount done or materials furnished, and the aforesaid deduction of fifteen per cent from such amount, and the net amount to be paid for the same; and no other or greater sum than the said net amount shall be paid, under any circumstances, until the whole contract shall have been fully and entirely performed.

6. Any provision that may be directed by the Canal Board, not inconsistent with the provisions of law, calculated to insure the faithful execution of any contract, shall be inserted therein.

7. All contracts for work or materials shall be made with the person or persons who shall offer to do or provide the same at the lowest price with adequate security for their performance.

8. All proposals for work or materials shall be publicly opened and read by the Contracting Board, and shall be marked by one of them as having been received and so read, specifying the time, and shall be copied at large in a book to be provided for that purpose, and the original shall, within thirty days, be filed in the Canal Department.

9. In case the Contracting Board shall be of opinion that the proposals made at any meeting thereof, pursuant to any advertisement, are, in consequence of any combination or otherwise, excessive and disadvantageous to the State, they may decline all the said proposals, and advertise anew for the work and materials embraced therein.

10. The abstracts of all the proposals received at any meeting of the contracting board, containing specifications of each kind of work, the price bid in each proposal, and the total cost of each kind of work, at such price, upon which any decisions by the said board may be founded, shall be certified by the engineers making the same, and shall be filed in the canal department, and be open to public inspection after the contracts are awarded.

§ 9. No member of the Legislature, no member of the Canal Board, no State officer, and no person employed by the State on the State canals, shall, during the time for which he shall have been appointed or elected, be interested directly or indirectly in any contract or job to be performed on the enlargement or completion of the canals specified in this act; and every such contract, in which any such person may be or become thus interested, except by the operation of law, shall be void, and declared forfeited by the Canal Board on discovery of the fact.