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side-cuts in the village of West Troy, in place of the present ones, said bridges to be constructed in such manner as the said commissioners may deem for the best interests of the state, to be paid from any moneys appropriated to the eastern division of the canals, to the repairs of the Erie canal; pro vided, that safety to public travel require the present bridges over said side-cuts to be rebuilt; and if the board of canal commissioners shall decide that the public interest would be promoted by rebuilding said bridges of iron, in place of the material used in the present bridges, the increased cost of rebuilding said bridges of iron shall be paid by the state out of any money appropriated to ordinary repairs of the canals, and the balance, being the cost of rebuilding said bridges according to their present plan, shall be charged to the repair contractor on the section of the canal on which these bridges are situated.

$ 2. This act shall take effect immediately.

CHAP. 412. ·

AN ACT to amend the statutes in relation to pilotage in the harbor of New York.

PASSED May 4, 1863; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows :

sioners to

$1. It shall be the duty of the commissioners of pilots in Commis the city of New York, within sixty days after the passage of report finos. this act, to make full returns to the comptroller of all fines and penalties recovered by them, together with a full and correct statement of the application made of the moneys so recovered, and, in particular, all sums paid by them, from time to time, into the treasury of this state, and such amounts as are still due. Any action or proceeding in which said com- Preference missioners of pilots are parties, shall have a preference in all the courts of this state, except in the supreme court and court of appeals, and may be moved on the part of said commissioners, out of its order on the calendar, in like manner as is provided in and by chapter thirty-seven of the Laws of eighteen hundred and fifty-eight, in respect to the action therein mentioned.

of actions.

missioners.

$2. All acts and parts of acts authorizing or requiring the Pay of compayment of compensation to the commissioners of pilots, from

the treasury of the state, are hereby repealed. $3. This act shall take effect immediately.

Ante, vol. 4, p. 77.

chap. 417,

CHAP. 415.

AN ACT to amend section first of chapter four hundred and seventeen of the Laws of eighteen hundred and sixty-two.

PASSED May 4, 1863; three-fifths being present.

The People of the State of New York,.represented in Senate and Assembly, do enact as follows:

S1. Section first of chapter four hundred and seventeen of Section, of the Laws of eighteen hundred and sixty-two is hereby amended by striking out the word "thirteen," in the first line thereof, and inserting the word "twelve" in the place thereof.

amended,

Convicts

may earn tion of sen

tence.

concerning

behavior.

Ante, vol. 5, p. 204.

$ 2. Section two of said act is hereby amended so as to read as follows:

2. Every convict confined in any state prison in this state and every convict confined in any penitentiary in this state, commuta under sentence on conviction for a felony, may earn for himself a commutation or diminution of the term of his sentence, subject to the provisions of section four hereof, and in the manner following: If he shall diligently work the number of Regulations hours prescribed by the rules of the prison or penitentiary work and during each day that he is ordered to work, for the space of one mouth, and if he shall well obey the rules and quietly submit to the discipline of the prison or penitentiary for the space of one month, he shall be entitled for every period of one month for which he shall so work, obey and submit, to a commutation or deduction from the term for which he has been sentenced, of one day, unless he shall subsequently forfeit the same by an assault upon his keeper or any foreman or convict, or otherwise endanger life, or by other flagrant disregard of the rules of the prison, in which case all previous commutations earned by him shall be wholly forfeited; but such shall not be the effect in cases where, without any violence whatever, a rule or rules shall be broken by him, and it is clear that no willfulness or malice was intended. If he shall so work and obey, as above, and submit, for the space of six or more successive months, he shall be entitled, for every one of said six or more successive months, to a commutation or deduction from the term for which he was sentenced of two days. The provisions of this section are hereby declared to apply to those convicts serving as waiters and cooks in and about the prisons. During the period that convicts are confined to the prison hospitals, if dutiful to the rules thereof, time, as contemplated by this section, shall not be counted either for or against the convict; and for a period of three consecutive months or more before confinement in hospital, and an additional period of consecutive time after discharge therefrom, together sufficient to make six months, shall be

counted as six successive months, the same as if no time had been passed in hospital, if the convict, during the entire period, shall have fulfilled all the requirements of this section. The provisions of this section shall, so far as they are applicable, apply to female prisoners confined in any state prison of this state, or in any penitentiary therein, and also to any prisoner confined in any state prison of this state, or in any penitentiary therein, for whom the agent or other officer of said state prison has no work at which to put him, under any contract for the labor of convicts; provided, however, that the provisions of this act shall not affect the case of any person who shall be under a sentence of imprisonment for the term of his natural life.

Ante, vol. 5, p. 204; Post p. 255; Laws of 1864, chap.

321.

$3. Section fourth of said act is hereby amended so as to read as follows:

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matrons to

of work and

doing it,

same.

4. It shall be the duty of the keepers and matron of each Keepers and state prison and penitentiary in this state, to keep such record, keep record day by day, of the manner of working each convict therein manner of to whom the provisions of this act shall be applicable, and of and report his or her conduct therein, as shall show what convicts have fulfilled the requirements of the second section thereof, and each of such keepers or matron shall report such record at the end of each month to the agent or principal keeper of the prison or penitentiary; and it shall be the duty of the agent or principal keeper of such state prison or penitentiary to preserve such record, and he shall, not more than thirty days before the term of each convict expires, as diminished by said record, transmit to the governor a certificate and report, showing that it appears from the record kept by the keepers of the prison, and of the manner of working and of the daily conduct of each convict confined therein, duly preserved by him as required by law, that the convict has diligently worked the number of hours prescribed by the rules of the prison, during each day that he or she has been ordered to work, for the space of six or, more succcessive months, or otherwise, as the case may be, and that he or she has well obeyed the rules and strictly submitted to the discipline of the prison for the space of six or more successive months, or otherwise, as the case may be, and that the convict has fulfilled all the requirements of section two of this act. Such certificate and report shall give the name of the convict, the county where convicted, the crime, the date of conviction, at what court, by whom held, the date of sentence, the term of sentence, and the time the convict was received at the prison; and the governor of the State of New York may thereupon, in his discretion, direct the abatement or deduction of the term of the sentence of said convict of the number of days of commutation or diminution thereof which said convict shall have earned.

Ante, vol. 5, p. 205.

Fees recelyed of visitors

ons and pen

itentiaries

applied to charged convicts.

use of dis

$ 4. Section fifth of said act is hereby amended so as to read as follows:

5. The funds arising from the fees charged to visitors at at state pris- the state prisons may be applied, under the direction of the inspectors of state prisons, and the fees charged to visitors at the penitentiary may, in like manner, be applied, under the direction of the board or committee charged with the general management thereof, by the warden, superintendent or other officer having charge of any state prison or penitentiary, for the use and benefit of convicts upon their discharge, in addition to the amount now allowed by law; and also on the condition that the allowance of such additional sum shall be the good behavior of the convict, from and after the passage of this act.

Ante, vol. 5, p. 205.

Appropria tion for school,

Proviso.

CHAP. 418.

AN ACT for the support of a training school for primary

teachers.

PASSED May 4, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The treasurer shall pay annually for two years, on the warrant of the comptroller, to the order of the superintendent of public instruction, the sum of three thousand dollars, for the support of a training school, in the city of Oswego, for the preparation of primary teachers for the common schools of this state, provided that the citizens or the board of education in said city shall, within one year from the passage of this act, provide the necessary buildings, grounds and other accommodations and appliances for such school, as directed by the superintendent of public instruction; and provided, further, that there shall be instructed in said school for a period of at least forty weeks in each year, not less than fifty teachers designing to teach in the common schools of this state; and provided, further, that each of the several senatorial districts of this state shall respectively be entitled to send annually to said training school two first-class teachers, each to be appointed by the state superintendent of public instruction, after they have been duly recommended by two county school commissioners or by a city superintendent of schools, residing in the district for which the appointment is to be made; and all teachers thus appointed to said training school may receive instruction and training in everything that is taught in said school, free of charge for tuition.

Amended by Laws of 1865, chap. 445, post p. 485.

superintendent of pub.

tion.

S2. The said school shall be subject to the supervision and Subject to general direction of the superintendent of public instruction; estru and the board of education of the city of Os ego, and the secretary of said board, shall constitute an executive committee for the immediate care, management and government of said school, with power to make all needful and proper rules and regulations concerning the same, subject to the approval of the superintendent of public instruction.

Committee

$3. The executive committee, as above constituted, shall Executive annually transmit to the legislature, through the superintend-le legislature. ent of public instruction, a report of their transactions under this act, including a statement, in detail, of the expenditure of all moneys, together with a statement of the progress and prospects of the school, which report shall first be approved by the superintendent of public instruction.

Date of commencement

$4. The first year of said school shall be deemed to commence on the day which the superintendent of public instruc- of school, tion shall certify to the comptroller as the day on which the requirements of the first section of this act, relative to providing the buildings and other appliances for the school shall have been complied with.

S5. If less than fifty teachers are instructed in said school, Apportionas provided in the first section of this act, there shall be paid propriation. only a corresponding portion of the sum appropriated by this

act.

Amended by Laws of 1865, chap. 445.

$6. This act shall take effect immediately.

CHAP. 422.

AN ACT to amend chapter four hundred and eighty-two of the Laws of one thousand eight hundred and sixtytwo, in relation to liens on vessels.

PASSED May 4, 1863; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

to bo given.

§ 1. Section seventh of chapter four hundred and eighty- Bond, when two of the laws of one thousand eight hundred and sixtytwo, is hereby amended by striking out of said section the word "eleventh," and inserting in place thereof the word "twelfth."

sels naviga

lakes.

$2. The second section of the said chapter shall not apply Llen on ves to vessels navigating the western and northwestern lakes, or ting the either or any of them. Any debt contracted by the master, owner, charterer, builder or consignee of any ship or vessel navigating such lakes, or either of them, or by the agent of such master, owner, charterer, builder or consignee, shall cease

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