this will be fully stated in the report of the superintendent of that institution, which will be transmitted to the Legislature.12

THE NEW CAPITOL.

The money thus far expended on the new Capitol, according to a statement furnished me by the Comptroller, is one million three hundred and sixty-three thousand five hundred and forty dollars and fifty cents ($1,363,540.50) of which sum about one-half has been paid for land.

The appropriation made last year was expended before the autumn of 1869. It seemed to be clearly the interest of the State that the work should not be interrupted so long as the condition of the weather permitted its continuance. An arrangement was made, therefore, with the consent of the Executive and the Comptroller, by which three hundred thousand dollars were advanced to the commissioners, and deposited with the Comptroller, to be drawn out on proper vouchers. I recommend that provision be made for the repayment of this advance, and for carrying on this work during the coming year.'

13

QUARANTINE.

The hospital on West Bank, in the lower bay of New York, has been finished. The structure to be used as a boarding station is near completion.

The report of the commissioners will furnish more detailed information, and also the statistics in reference to diseases which are subjected to quarantine.

The commissioners deem some further appropriation of money necessary, in order to enable them still further to

12 A special pathologist for the State Asylum at Utica was authorized by chapter 295, passed April 20.

13 The supply bill, chapter 492, appropriated $1,300,000 for the new Capitol, $300,000 being for advances made by commissioners during the preceding year. The act prohibited expenditures thereafter unless an appropriation had been made therefor.

strengthen the works under their charge.

I recommend their suggestions to favorable and careful consideration.14

IMMIGRATION.

During the past year the number of immigrants landed at the port of New York, was 260,000; showing an increase, as compared with the year 1868, of 46,314.

For more detailed information, I respectfully refer you to the report of the Commissioners of Emigration, which will be transmitted to you at an early day.15

GENERAL AND SPECIAL LAWS.

At its last session I was obliged to dissent frequently from the Legislature in reference to bills limited in their application to localities or affording relief in special cases, when, as it appeared to me, the proper course would have been to amend the general laws pertaining to the subject or to pass new general laws. The Legislature, on the reconsideration which the Constitution in such cases imposes upon it," in every instance concurred in and sustained my views. Nevertheless, the Statute book of 1869 contains 920 acts, and is almost as bulky a volume as that of any previous year. This multiplying of laws is a serious evil, and, in my judgment, unnecessary.

I recommend to you the careful examination of all existing general laws, with a view to ascertain what amend

14 The supply bill, chapter 492, made appropriations for quarantine purposes, including maintenance, completion of buildings, improvements, payment on contracts, etc.

15 The board of emigration commission was reorganized by chapter 384, passed April 26, by which the Legislature appointed nine regular commissioners for terms of five years whose successors were to be appointed by the Governor and Senate. The act also designated the mayors of New York and Brooklyn, and the Presidents of the German Society of the city of New York and the Irish Emigrant Society as ex officio commissioners.

& Const. 1846, art. 4, § 9.

ments are necessary in order to lessen the number of applications made at every session for special legislation.18

An important amendment to the general laws was passed at the last session enlarging the powers of the boards of supervisors over roads and bridges and other matters, in relation to which the Legislature has heretofore been called upon to pass many special acts. I submit, for your consideration, whether the legislative powers of the boards of supervisors over these and other subjects of strictly local interest may not, advantageously, be still further enlarged.

The rapidly increasing population of Westchester county and parts of Long Island, in the immediate vicinity of New York and Brooklyn, renders necessary the laying out of roads and avenues of a character which could not well be provided for in the general laws applicable to other portions of the State. Hence, there are frequent demands

16 A new revision commission was created by chapter 33, passed March 2, to be composed of three commissioners to be appointed by the Governor and Senate, whose duty it should be "to revise, simplify, arrange and consolidate all statutes of the State, general and permanent in their nature." The statute contained details as to the method of performing the service, preparing revisions for publication, and presenting reports to the Legislature. The work was to be completed in three years, but the time was afterwards extended.

The act was amended in 1873, chapter 467, by authorizing the commission to include in the scheme of revision the political and penal codes, and the Codes of Civil and Criminal Procedure.

Another amendment in 1875, chapter 520, authorized the commission to include the Civil Code previously reported by the Code Commission, or any part of such code, in the new revision.

In 1876, the Legislature enacted a part of the Code of Civil Procedure presented by the commission. The remainder of the code was enacted in 1880, and the Penal and Criminal Codes in 1881. In 1889 by chapter 289, a new statutory revision commission was created which continued in existence until the last day of December, 1900. This commission reported several general laws which were enacted, and prepared several other revision bills which had not been enacted when the commission went out of office. In 1904, by chapter 664, the Legislature provided for continuing the work of revision by means of a Board of Statutory Consolidation, composed of five persons named in the act.

upon the Legislature to create special commissions to take charge of such work. I recommend that a law be passed covering all such cases in these localities, which will render future applications to the Legislature unnecessary.

I recommend the enactment of a general law providing for the appraisal and payment of claims or damages arising or resulting from matters connected with the canals.1

I recommend also, the examination of the general law passed at the last session concerning savings banks, to the end that, if necessary, it may be amended so that special charters for these institutions shall not hereafter be requisite; and that no special bills for savings banks be passed at this session, unless the parties applying shall have complied with the general law of last session.

Also, that the general law for the organization of fire companies in towns be amended; it makes no provision for hook and ladder and hose companies;

Also, for your consideration, that the limit now imposed upon the amount of property permitted to be held by literary, musical and other societies be enlarged;

Also, some provision, by general law, under which churches and societies may alter their names, without coming to the Legislature for authority to do so in every special instance.18

I also recommend the careful examination of the general

17 By chapter 321, passed April 21, 1870, the Canal Appraisers were vested with power to hear and determine all canal claims and make awards thereon, but subject to the limitation that "no award shall be made unless the facts proved shall make out a case which would create a legal liability against the State were the same established in evidence in a court of justice against an individual or corporation."

18 Chapter 322, passed April 21, authorized the General Term of the Supreme Court on application to change the name of any corporation, incorporated company, society or association organized under the laws of the State, except banks, banking associations, trust companies, life, health, accident, marine and fire insurance companies, railroad companies and corporations created by special charter. This subject was afterward included in the Code of Civil Procedure.

laws for the incorporation of villages, to the end that a form of charter may be provided under which the needs of every municipality of that grade may be met, and that applications for special village charters, and for amendments to charters, may no longer be necessary. I also recommend that all existing village charters be, by the provisions of the act suggested, made to conform to the general model of the proposed perfected law. The charter of the village of Owego is to be found complete only by reference to fourteen separate acts of the Legislature passed at as many separate sessions. A fifteenth amended charter was proposed last session, but failed to obtain the executive approval. There seems to me to be no reason why village charters should not be, like our town governments, uniform in character.19

I recommend that all laws which have been passed, conflicting with the principle of uniformity in town governments, such as those which, in special instances, permit the votes for town officers to be taken by election districts, instead of in town meeting, be repealed.

There is a defect in the law providing for two justices

19 A general law for the incorporation of villages, chapter 291, was passed on the 20th of April. It was intended to provide a complete scheme of village organization and government, and included a provision by which villages incorporated by special act could become subject to the general law. The act did not repeal the general village law of 1847. The new law continued in force with various amendatory and supplemental statutes until the enactment of chapter 414, of the laws of 1897, which revised the whole subject and repealed former laws. A constitutional amendment adopted in 1874, article 3, section 18, prohibited the incorporation of villages by special act.

Parts of the village law of 1870, chapter 291, were sustained as follows: Title 3, sec. 3, (peddler's license) in Ballston Spa v. Markham (1890), 58 Hun 238; title 3, sec. 4, (sidewalks) in Richter v. New York (1898), 24 Misc. 613; title 7, sec. 5, (street improvements) in Allen v. Northville (1886), 39 Hun 240.

Title 7, sec. 2, as amended by L. 1893, chap. 694, (damages on opening streets) was held unconstitutional in People ex rel. Eckerson v. Haverstraw (1896), 151 N. Y. 75.