received and readvertise for new bids, if, in his judgment, the public interest requires him so to do, and the contract shall reserve the right to the said superintendent of public works to declare the same forfeited, whenever, in his judgment, the provisions thereof are not being performed in good faith in the interest of the state.

Appropriation.-§ 3. The sum of twenty-eight thousand dollars, or so much thereof as may be necessary, is hereby appropriated from the canal fund, payable from the unappropriated balance of taxes levied on account of said fund to carry into effect the provisions of this act, which amount shall be paid upon the warrant of the comptroller on the drafts of the superintendent of public works, as may be required in the progress of said work.

(LAWS 1888, CHAPTER 416, PAGE 787.)

Local.

Superintendent of public works to cause certain locks to be lengthened, canals deepened, etc.-SECTION 1. The superintendent of public works is hereby authorized and directed, before the opening of canal navigation in eighteen hundred and eighty-nine, to cause to be lengthened one tier of five or more locks east of Syracuse, and one tier of two or more locks west of Syracuse, on the Erie canal; also two or more locks on the Oswego canal. Said locks to be designated by the superintendent of public works and the state engineer and surveyor, so as to most facilitate and improve the navigation of said canals. Said locks, when lengthened, shall be so lengthened and constructed as to be two hundred and twenty feet long, and not less than eighteen feet wide in the clear, and shall conform to the berme experimental lock, number fifty, on said Erie canal, and shall include such machinery and appliances as, in the judgment of the superintendent of public works, shall render the locks most efficient. Said superintendent of public works is also authorized and directed to improve the Erie, Champlain and Oswego canals by deepening them at such points as he shall deem most important, and to make such improvements on the Black River canal and the Cayuga and Seneca canal as in his judgment the interests of commerce most require. Said superintendent of public works is also authorized and directed to bottom out the Albany basin of the Erie canal to its legal depth of seven feet of water at low tide, at such points and in such manner as in his judgment may be deemed most expedient. The deepening of said Erie and Oswego canals shall be effected by bottoming out or removing from the bottom thereof all dirt and other obstructions which have accumulated therein, at such points as the superintendent of public works may designate, so as to

restore the said Erie and Oswego canals to a standard depth of seven feet of water throughout their entire length.

Work to be done by contract. § 2. The furnishing of all materials for and the performance of the work of lock lengthening, deepening, improving and bottoming out provided for in this act, shall be done by contract, entered into and duly executed by and between the said superintendent of public works and the contractor or contractors furnishing and performing the same.

Contract, how advertised and let; state engineer to prepare plans, etc.— § 3. All contracrs shall be given to the lowest bona fide responsible bidder or bidders after being advertised by the superintendent of public works in at least two daily papers in each city on the line of said canals, and in the cities of New York and Brooklyn, twice in each week for three consecutive weeks preceding the letting of such contracts. The notices of letting shall be signed by the superintendent of public works and published as aforesaid, and shall state the work to be done, the quantity, quality and kinds of materials to be used, and the length of time which will be given for the completion of the work, the amount of security required, and the conditions of the bonds to be furnished for the faithful performance of the contracts. Separate plans and specifications of the proposed improvements shall be prepared by the state engineer and surveyor, and the contract for the proposed improvements of each of the said locks shall be advertised for and let separately to the lowest bidder. The superintendent of public works may at any time after receiving bids for said work or any part thereof, and before entering into contract therefor, cancel all bids so received and readvertise for new bids, if in his judgment the public interests require him so to do, and all contracts shall reserve the right to the said superintendent of public works to declare the same forfeited whenever in his judgment the provisions thereof are not being performed in good faith in the interests of the state.

Appropriation; how applied.—§ 4. The sum of five hundred and seventy thousand dollars is hereby appropriated out of any moneys in the treasury of this state, not otherwise appropriated to carry into effect the provisions of this act, which amount shall be paid by the treasurer upon the warrant of the comptroller and the requisition of the superintendent of public works, as he may require the same from time to time in the progress of said work. Said moneys so appropriated are to be applied as follows: Sixty thousand dollars to be applied to the improvements on the Oswego canal, in lengthening said two or more locks therein and in the manner aforesaid, and in bottoming out such portion of said Oswego canal, if any, as the said superintendent

of public works may direct. One hundred and five thousand dollars to be applied to such of the above described improvements of the Champlain canal, as in the judgment of the said superintendent of public works, the present needs of commerce on said canal most require. Twenty thousand dollars to be applied to the improvement of the Black River canal, as herein before specified; three hundred thousand dollars to be applied to the improvement of the Erie canal or so much thereof as may be necessary, to be distributed as follows: Two hundred thousand dollars, or so much thereof as may be necessary for lengthening seven or more locks, and providing necessary machinery for the same, and one hundred thousand dollars for deepening or bottoming out said Erie canal to its original standard depth as hereinbefore prescribed; such portions, if any, of the three hundred thousand dollars herein appropriated for lengthening locks on said Erie canal, which shall not be required to complete such work, the superintendent of public works is authorized to apply to the deepening or bottoming out of said Erie canal in the manner above described in addition to the sum herein specially appropriated for that purpose; twenty-five thousand dollars to be applied to the above described improvements on the Cayuga and Seneca canal, or so thereof as may be necessary; twenty thousand dollars, or so much thereof as may be necessary, to be applied to the construction of a basin at Havana, and for opening the Seneca lake level of the Chemung canal to navigation, and forty thousand dollars for the bottoming out of the Albany basin. But the total amount to be expended under this act shall not exceed the sum hereby appropriated.

Money may be borrowed.— § 5. The comptroller is hereby authorized to borrow, from time to time, such sums as the superintendent of public works may require, not exceeding seventy-five thousand dollars in the aggregate, and the money borrowed shall be refunded from moneys received from taxes levied to meet the appropriation.

Repeal. § 6. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

(LAWS 1891, CHAPTER 346.)

Section 144 of Revision.

SECTION 1. Section one hundred and eighty-one of chapter nine title nine, article eight, part one of the Revised Statutes, is hereby amended so as to read as follows:

§ 181. Every person who shall lead, ride or drive any horse, ox, ass, mule or other cattle upon the towing-path of the canal, or upon the

bank opposite to such towing-path, within the blue line of the canal shall, for each offense forfeit the sum of five dollars; but this section shall not be construed to extend to persons towing boats or other floats, or conveying articles unladen or to be laden from or to a canal or any other person authorized by any canal superintendent or canal contractor to enter upon the towing-path or banks opposite thereto for the purpose of examining or repairing the same; and whenever any canal or canal feeder is constructed through or upon any lands so as to render such lands inaccessible from a highway, except by the erection of a bridge over any canal or feeder, now or hereafter constructed, it shall be lawful for the owner or owners of such lands on permission being obtained from the superintendent of public works to use so much of the towing-path or the banks opposite thereto, or the banks any feeder as may be necessary to pass to and from such lands to a public highway without damage to such banks or interference to navigation; but such use shall cease whenever the state or local authorities shall construct suitable bridges over said canals and feeders to enable the said owners to pass to and from such lands to a public highway.

of

(LAWS 1891, CHAPTER 366.)

Section 72 of Revision.

SECTION 1. Section nine of chapter three hundred and thirty-two of the laws of eighteen hundred and fifty-four, entitled "An act prescribing regulations in regard to the management of the canals and for other purposes," is hereby amended so as to read as follows:

§ 9. Hereafter no street or road bridges shall be constructed or reconstructed by the superintendent of public works over any canal in this state except upon such streets or roads as were laid out, worked and used previous to the construction of the canals by which such streets or roads were obstructed; and when bridges are constructed or reconstructed, upon any of the streets or roads aforesaid, the cost to the state shall in no case be more then is required to preserve in a safe and substantial manner the continuity of such streets or roads so as not unnecessarily to impair their usefulness; but when bridges of a more costly character are desired by the local authorities of the cities, towns or villages within whose corporate limits bridges are to be built or rebuilt, it shall be lawful for the superintendent of public works, upon presentation to him by such local authorities of plans and specifications therefor, approved by the state engineer and surveyor, to estimate and determine the proportion of the cost thereof, which,

in the fulfillment of its obligation to preserve the continuity of streets and roads as aforesaid, the state ought equitably to pay, and file such estimate and determination in his office and a duplicate thereof in the office of the clerk of the city, town or village, wherein said bridge is to be located, and no more than such proportion so determined as aforesaid, shall hereafter be appropriated by the legislature for such purposes, and then only on condition that such cities, towns or villages shall pay the remainder of said costs.

§ 2. This act shall take effect immediately.

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