12 the court of general sessions of the peace in the city of New 13 York, shall be and remain in the said court, subject to all pro 14 visions of law relating thereto. Indictments and proceedings 15 pending in the courts of sessions in the several counties of this 16 State shall be and remain in the said courts, subject to all provi17 sions of law relating thereto.,

1

§ 30. The Judges of the present Court of Appeals, and the 2 Justices of the present Supreme Court, are hereby declared to 3 be severally eligible to any office at the first election under this 4 Constitution.

1

§ 31. County judges, surrogates, justices of the peace, local 2 judicial officers, provided for in section twenty, and coroners in 3 office when this Constitution shall take effect, shall hold their 4 respective offices until the expiration of the term for which they 5 were respectively elected.

1 § 32. All local courts established in any city or village, not 2 in this article specially provided for, shall remain, until other3 wise directed by the Legislature, with their present powers and 4 jurisdiction; and the judges of such courts, and any clerks 5 thereof, in office on the first day of January, one thousand eight 6 hundred and sixty-nine, shall continue in office until the expira7 tion of their terms of office, or until the Legislature shall other8 wise direct.

1 33. The Legislature may create probate courts, confer upon 2 other courts of record the powers and duties of surrogate and 3 the jurisdiction of surrogates, create registers of wills and 4 of the probate thereof, and of letters of administration, and pro5 vide for the trial by jury of issues in surrogates' courts, and in 6 courts having the like powers and duties.

1

§ 34. Courts of special sessions shall have such jurisdiction 2 of offenses of the grade of misdemeanors as may be prescribed 3 by law.

The question pending is the section offered by Mr. A. J. Parker, in words following:

1 §35. The testimony in equity cases shall be taken in like 2 manner as in cases at law.

No. 164.

IN CONVENTION

December 20, 1867.

REPORT

OF THE CANAL BOARD IN RELATION TO THE CAPACITY OF THE ERIE CANAL TO PASS BOATS EASTWARD, IN ANSWER TO RESOLUTION OF CONSTITU. TIONAL CONVENTION, PASSED NOVEMBER 25.

To the Hon. W. A. WHEELER,

President of the Constitutional Convention at Albany.

The Canal Board acknowledge the receipt of the following resolution, passed by the Convention on the 25th of November last.

On motion of Mr. PROSSER:

Resolved, That the Canal Board be requested to report to this Convention, at the earliest day practicable, what is the capacity of the Erie Canal to pass property eastward, and whether in the opinion of said board, any increase of capacity is necessary to accomodate the increasing trade of the Western States; and whether there is any danger of diversion of trade out of the State, without any farther improvement of said canal. In answer to the several inquiries contained in the above resolution, the Canal Board have the honor to transmit their

REPORT.

The resolution may be arranged under the following heads:

1st. What is the capacity of the Erie Canal to pass property eastward?

2d. Is this capacity sufficient to accommodate the trade of the Western States?

3d. Is there danger of diversion of trade out of the state without farther improvement in said canal?

Upon the first branch of the subject, what is the capacity of the Erie Canal to pass property eastward, it is evident, without argument, that when it is ascertained how many boats can be passed daily through the double locks east of Syracuse; what is their average cargo in tons, and how many days of effective navigation unobstructed by ice or breaks we have had the past season, and for the past ten years we have the necessary data to form an intelligent opinion upon the subject, which it is submitted may be safely relied

upon.

On the 16th of June last a break occurred in the Erie canal seven miles west of Utica, which required seven days to repair. Meanwhile boats were accumulating on either side of the break, so that for the first six days after the navigation was fully resumed, there were at least fourteen hundred boats awaiting the passage of the lock at Frankfort, a few miles west of where the break occurred.

Notwithstanding this full, steady supply of boats, the total number passed through said locks from the 24th to the 29th day of June, inclusive, was only 1,156, making a daily average of 193.

On the 18th of September last, S. T. Hayt, the Canal Commissioner having charge of the middle division of the Erie canal, reports (see Convention Doc. No. 127), in answer to a resolution of the Convention, that from a careful test of the capacity of the double locks at Syracuse for twenty-four hours, with a supply of boats steadily, one hundred and ninety-eight were passed through.

The time occupied by each was carefully taken, and resulted in requiring, at either lock, seventeen minutes and twenty-eight sec

onds, on the average, to pass a loaded boat eastward, and eight minutes and fifty-one seconds to pass a boat westward, with an average cargo of thirty-three tons. By a careful examination of said report it appears, that although it was a moonlight night, it required one quarter more time to pass a boat in the night than in the day, and that in the opinion of said Commissioner what was done during this test of twenty-four hours, may be regarded as the full and fair test of the practical capacity of the canal, when in good order, at that place.

On the 22d day of September last a break occurred on the Eastern division of the Erie canal, near Fultonville, lasting five days. Boats accumulated on either side so that when navigation was resumed there were at lest one thousand at and near the locks in vicinity of the break, to be passed through in the next three days, if they could be so passed. Within this period, on the 28th day of September, by order of the Canal Commissioner a test was made for 24 hours at the locks near Schoharie creek, of 10 feet lift. One hundred and ninety-eight (198) boats were passed. Another test was made at the Fort Plain locks of 8 feet lift. This test commenced on the 27th

of September, and continued for seventy-six consecutive hours. Six hundred and fifty-nine boats were passed.

A detailed account accompanies this report; the four lock tenders and two other persons testify to its correctness, and state that all was done that could be done through those locks (of 8 feet lift).