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Injuring books, etc.

county, who shall pay the same. They shall yearly make a report to the regents of the university, of the state library, the additions made to said library during the preceding year.

S 3. Any person who shall willfully injure any of the books, furniture or property of said library, shall be guilty of a misdemeanor.

$ 4. The sum of five thousand dollars is hereby appropriated to the use of said library, which sum the treasurer is hereby required to pay to the said trustees, on the warrant of the comptroller.

$ 5. This act shall take effect immediately.

Appropriation for.

CHAP 464.
AN ACT to amend section two, title two, chapter seven,

part second of the Revised Statutes.

PASSED May 5, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

$ 1. The second section of title two, chapter seven, part two of the Revised Statutes is hereby amended so as to read

as follows: What agree $2. In the following cases, every agreement shall be void in writing. unless such agreement or some note or memorandum tbereof

be in writing, and subscribed by the party to be charged therewith:

1. Every agreement that by its terms is not to be performed within one year from the making thereof.

2. Every special promise to answer for the debt, default or miscarriage of another person.

3. Every agreement, promise or undertaking, made upon consideration of marriage, except mutual promise to marry.

Ante, vol. 2, p. 140.

ments to be

CHAP. 465.
AN ACT in relation to contracts and labor at the State

prisons of the State.

Passed May 5, 1863; three-fifths being present. The People of the State of New York, represented in Senate

and Assembly, do enact as follows : Tebt of con- S 1. In all contracts which may hereafter be let or awarded

for convict labor at any prison, a clause shall be inserted that any debt which may be or become due from any contractor upon such contract, shall be a lien, ip favor of the prison, upon the machinery and tools used or owned by such contractor in operating such contract upon the prison premises; and such

tractor a llen upon his tools, etc.

lien shall thereupon commence with such contract, and shall continue during the existence of the contract, and until the claim or debt shall be satisfied or canceled. And it shall be Maybe sold. lawful for the agent and warden of the prison, under the direction of the inspectors, or a majority of them, whenever any sum shall be due from a contractor, to proceed to satisfy such lien by a sale of the property affected by such lien in the same manner as by a sale upon chattel mortgage.

S 2. In all contracts which may be hereafter let or awarded Contractors for convict labor, at any prison, a clause shall be inserted money with requiring the contractor to deposit with the comptroller of the as socurity. state a sum of money not less than five hundred dollars, and not greater than two thousand dollars, as the inspectors may determine, according to the nature of the contract, and no contract shall be valid until such deposit shall be made; and such money shall remain on deposit with the comptroller as security for the payment of any debt which may arise on said contract during the continuance thereof, and until sich debt be adjusted; and it shall be lawful for the comptroller to apply such money upon and toward the liquidation of any debt which may be due as aforesaid. And if such sim so to be applied shall not suffice to meet such debt, then it shall be the duty of the inspectors of state prisons forth with to annul such contract, and the same shall be and becoine immediately annulled. And the labor and services of the convicts provided for in such contract may thereupon be relet and contracted anew, but not to such defaulting contractor, nor shall any other contract for convict labor be awarded to any person who shall have been a defaulting contractor. Provided, however, that the annulment of such contract shall not cancel any lien existing thereby upon machinery and tools, as aforesaid, for any indebtedness then existing.

S 3. It shall not be lawful for any person holding a contract Citizen for convict labor at any state prison to employ in the shops or ba, grounds of such prison, upon the ordinary work of convicts as etc. carried on at such prison, any citizen labor without the permission of the board of inspectors, but this section shall not be construed to alter the existing laws in relatiou to the foreman, superintendents, agents and teamsters of contractors.

S 4. No person under the age of twenty-one years shall be not be any appointed to or hold any office at any state prison.

$ 5. The principal keeper of any state prison in this state shall give a bond to the people of the State of New York give bond. with two sufficient sureties, to be approved by the inspectors, or a majority of them, in the penal sum of five thousand dollars, and conditioned for the faithful performance of his duties.

Ante, vol. 2, p. 803. [Two sections added by Laws of 1866, chap. 330; post p. 723.]

be employed, except

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person.

CHAP. 466.
AN ACT to amend the forty-fifth section of article third,

title second, chapter sixth, of part third of the Revised

Statutes.
Passed May 7, 1863; (three-fifths being present), without the approval

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

$ 1. The forty-fifth section of article third, chapter sixth, part second, title second of the Revised Statutes, is hereby amended, by adding thereto, as follows:

“But wbere, either by actions or proceedings in partition be appoinc. or division or for the construction of a last will and testament,

an estate has been brought within the possession, direction or
control of the supreme court of this state, which shall hare
acquired jurisdiction over the same, such supreme court may,
upon the death of the surviving executor of said will and tes-
tament, and during the pendency of such action or proceed-
ings, and until they are finally carried into effect, appoint a
receiver of said estate upon such terms and conditions, and
upon such notice to all parties and persons interested as said
court shall direct, and upon such order as to security or other-
wise as to said supreme court may seem expedient; and to
enable it to carry into effect its orders and decrees in relation
to said estate, such receiver when appointed shall be the suc-
cessor in interest of said surviving executor, and shall have
like power and authority as administrators with the will
annexed, appointed by the surrogate, but subject to the
orders of said supreme court in the premises."

Ante, vol. 2, p. 80.
$ 2. This act shall take effect immediately.

CHAP. 473.
AN ACT to amend an act entitled "An act to authorize

the canal commissioners to construct a road bridge over
the enlarged canal near Griffith street, in the city of
Rochester, passed April fourteenth, eighteen hundred
and fifty-eight.

Passed May 5, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S 1. The canal commissioners are hereby authorized and required to construct or cause to be constructed and main

tained at the expense of the state, over the enlarged Erio canal near Griffith street in the city of Rochester, a common single track road bridge, to be paid for from any money appropriated for the repairs of the Erio canal ; provided, that after investigation and examination into all the facts in relation to the application for said bridge, the board of canal coinmissioners shall be of opinion that the state is under legal and equitable obligations to build said, bridge; and, provided further, that before proceeding to the construction of any such bridge, the canal commissioners shall require and receive a full and sufficient release, legally executed, ackuowledged and delivered free of expense to the state, of all claims for damages in consequence of the construction of said bridge, or of ihe approaches and embankments to the same, and also a good and sufficient grant or permission to the state duly executed, acknowledged and delivered as aforesaid, to alter raise or change such bridge, approaches or embankments whenever necessary, which necessity is to be determined by the canal commissioners, from all persons wbose property, rights or interests may be affected by siich bridge, approaches or embankments. The said canal commissioners shall enter or cause to be entered in a book of records to be kept in their office all tbe testimony and facts appearing upon the investigation and examination above referred to, and their determination thereon, wherber sich determination be favorable or adverse to such application.

$ 2. This act shall take effect immediately.

CHAP 479. AN ACT to provide for the expense of changing the loca

tion of a portion of the Baldwinsville canal, and rebuilding the locks thereon.

Passed May 5, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

S 1. The sum of twenty-six thousand dollars, or so much thereof as may be uecessary, is hereby appropriated from the general fund for the purpose of paying the expense of changing the location of a portion of the Baldwinsville canal, and rebuilding the locks thereon, in accordance with the resolution of the canal commissioners, adopted on the fifth day of July, eighteen bundred and sixty-two; said moneys to be paid whenever the work shall be completed and accepted by the canal commissioner in charge, and when so completed and accepted, the same shall be paid upon the estimate of the assistant engineer in charge, approved by the engineer on the middle division, and the state engineer and surveyor. The moneys remaining after paying the expense of changing the location of the said canal and rebuilding the lock thereon, or so much thereof as may be necessary, shall be applied to paying the expense of dredging the bars contiguous to said lock, if, in the opinion of the assistant engineer in charge and the canal commissioner in charge, such dredging shall be necesssary and for the best interests of the state.

S 2. The treasurer shall pay, on the warrant of the comptroller, tbe sums appropriated by this act, to the parties entitled thereto, to the amounts found to be due on the estimate of the assistant engineer in charge, and approved by the engineer on the middle division, and the state engineer and surveyor.

S 3. This act shall take effect immediately.

| CHAP 482. AN ACT authorizing the canal commissioners to construct

three iron bridges across the Genesee Valley canal, one in the city of Rochester, one at the village of Mount Morris, and one at the village of Nunda.

PASSED May 5, 1863; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows :

S 1. The board of canal commissioners are hereby authorized and directed to construct and maintain, as a part of the extraordinary repairs of the Genesee Valley canal, an iron bridge, to be constructed according to the plan and style of Whipple's truss double-track iron road bridge, with two sidewalks, across the said canal on Plymouth avenue, in the city of Rochester, provided, that after investigation and examination into all the facts in relation to tbe application for said bridge, the board of canal commissioners shail be of opinion that the state is under legal and equitable obligation to build said bridge, and provided, further, that before proceeding to the construction of any such bridge the canal commissioners shall require and receive a full and sufficient release, legally executed, acknowledged and delivered free from expense to the state, of all claims for danages in consequence of the construction of said bridge or of the approaches and embankments to the same, and also a good and sufficient grant or permission to the state, duly executed, acknowledged and delivered as aforesaid, to alter, raise or cbange such bridge, approaches or embankments, whenever necessary, which necessity is to be determined by the canal commissioners, from all persons whose property, rights or interests may be affected by such bridge, approaches or embankments. The said canal commissioners shall enter or cause to be entered

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