To the Convention: CANAL DEPARTMENT, ALBANY, July 31, 1867. The Auditor of the Canal Department, in compliance with the following resolution of the Convention, to wit: STATE OF NEW YORK: CONSTITUTIONAL CONVENTION, ALBANY, July 12, 1867. On motion of Mr. BeckwithResolved, That the resolution requesting the Auditor of the Canal Department to furnish copies of contracts now in force for repairs and improvements of the canals, &c., be modified so as to require, when there are a number of contracts similar in their terms and provisions, then the respective names of such contractors, the respective dates, times of expiration, the amount of each contract, and the particular section of the canals embraced in each contract, and whether the prices agreed to be paid therefor by the existing contracts exceed former prices paid, and the amounts or per centage of excess if any. By order, LUTHER CALDWELL, Respectfully submits the following report in part compliance with the terms of the resolution: The table herewith submitted shows: 1. The names of all the parties to the existing and outstanding contracts for the repairs of the canals of the State. 2. The commencement of the contract. 3. The expiration of the contract. 4 & 5. The per annum price of the present and former contracts. 6. The excess of present contracts over former contracts. 7. The amount of present contracts less than former contracts. 8 & 9. On what canal and section of the canal the contracts attach ; and 10. Remarks showing the application of the documents, now submitted, to the contracts, copies of which are given in full. Full copies of one of the contracts entered into in 1864, 1865 and 1867, showing the general provisions of each class of contracts, with the special notices applicable to each contract and class of contracts, modifying the general terms and conditions of each. The contracts given in full, with the general and special notices, are marked A, B, C and D. The general and special notices applicable to each contract or class of contracts, are numbered from 1 to 22 inclusive. These general and special notices are in all cases parts of the contracts of the sections to which such contracts relate. Nine of these repair contracts expire in 1868; seven in 1869; two in 1870; four in 1871, and eight in 1872. There are about one hundred construction contracts, so called, now running, relating to the Chenango canal extension, the improvement of the Champlain canal and other works of extraordinary repairs, that remain to be copied and sent to the Convention, if required. Respectfully submitted, N. S. BENTON, Auditor. [A.] NEW YORK STATE CANALS, 1864. Contract for keeping in repair Superintendent Section No. 5 Erie Canal. Articles of agreement, made and concluded this nineteenth day of September, in the year eighteen hundred and sixty-four, between Edwin H. French, of the village of Fulton, county of Oswego, of the first part, and the people of the State of New York, of the second part, whereby it is covenanted and agreed as follows: The said party of the first part do hereby covenant and agree that he will, for the term of three and one-fourth years from the first day of October next, furnish and keep on hand all the materials necessary, which shall be of sound and good quality, and perform all the labor necessary to put and to keep in good repair, and well bottomed out to its original base or bottom line and width of prism, free from obstructions, and in good navigable condition, at all times during the season of navigation, and reconstruct and relay all slope, vertical, pavement walls and docking, and to break the ice in the canal, to the extent that the Canal Commissioner in charge may require, to facilitate the passage of boats, towards the close of navigation, all that portion of the Erie Canal known and distinguished as Superintendent Section, No. 5, extending from the head of Lock No. 45 to the east bank of the Oneida Lake Canal, at Higginsville; also including its banks and tow-path, walls, pavement, docking, locks (except weigh-locks,) aqueducts, dams, bridges, basins, side-cuts, guard-banks, feeders, reservoirs, culverts, waste-weirs, creeks, channels, ditches, lock and watch houses, and every other structure or thing, of whatever name or designation, connected therewith; and to construct or reconstruct as, in the opinion of the Canal Commissioner in charge, the same shall become necessary, and on such plan as the said Commissioner shall direct, any of the bridges or other mechanical structures which are now out of repair, or which may fail or require reconstruction during the period of this contract (except as hereinafter stated:) but when the same shall be more expensive than it would be if constructed according to the original plan, the party of the first part is to be paid the difference, but which shall only be paid upon the certificate of the Division Engineer of the Eastern Division, that he has examined the location, and made the estimate by which the said difference was ascertained, and that it is a proper and reasonable charge for such extra cost. It is understood and agreed that the provisions of this contract for payment of the difference, upon the certificate of the Division Engineer, between the cost of a structure or work, according to the original plan and the plan as it may be changed, shall not apply to any case where, by the notice of letting or notices posted and annexed to the contract, such change of plan is contemplated or indicated; and that in such case the party of the first part shall make the structure or work in accordance with the change so contemplated or indicated without any other compensation than the usual compensation provided by this contract. In all cases of breaches in the banks or failure of any of the structures on the said section, or any other casualty which does now or may obstruct navigation, the party of the first part agrees to give immediate notice to the Commissioner in charge and the Auditor of the Canal Department, and to employ such force upon its repair or reconstruction as will ensure its completion at the earliest possible moment, to the extent of the liability of the party of the first part, under this clause of the contract. And it is further agreed that the Canal Commissioner in charge shall have power to direct the number of men, teams and implements that he may deem necessary to be employed or purchased to use in making such repair or reconstruction; and in all cases the work of repair or reconstruction shall be done in such manner as may be directed by the aforesaid Canal Commissioner; and all damages that may accrue from entering upon lands to obtain materials, together with the cost of the materials, for such repairs or reconstruction, shall be fixed by the appraisal of the Canal Appraisers, or settled by the Commissioner, as now provided by law, and deducted from the amounts due or first to become due to the party of the first part on this contract, after such appraisal, as hereinafter provided for, unless the said party of the first part shall previously adjust the said damages by an amicable settlement with the claimants. And it is further mutually agreed between the parties hereto, that in case the actual expense of repairing any breach which may occur upon any part of the canal, side-cuts, locks or feeders, embraced in this contract, or any structure connected therewith, shall exceed the sum of five thousand dollars, the whole of such excess shall be paid by the party of the |