the treasurer of Monroe county to sell property for unpaid taxes,' which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns and counties.

Mr. Seebacher introduced a bill entitled "An act to incorporate the Governor's Guard of the city of New York," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on miscellaneous corporations.

Mr. Baker introduced a bill entitled "An act to authorize the city of Troy to issue its bonds to procure means to pay for the erection of four public school buildings and to obtain the necessary sites for the same," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

Mr. Baker introduced a bill entitled "An act to amend chapter 290 of the Laws of 1879, entitled An act to amend chapter 149 of the Laws of 1874, entitled An act to amend an act, passed April 27, 1872, entitled An act to amend chapter 657 of the Laws of 1871, entitled An act to amend an act, passed February 17, 1848, entitled An act to authorize the formation of corporations for manu facturing, mining, mechanical or chemical purposes,' passed April 20, 1871, and to legalize the formation and acts of certain corporations formed according to the provisions of chapter 374 of the Laws of 1877," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals. Mr. Astor offered the following:

Resolved (if the Assembly concur), That 500 copies of the Thirteenth Annual Report of the New York Institution for the Improved Instruction of Deaf-Mutes, be printed for the use of the institution. Ordered, That said resolution be referred to the committe on printing.

Mr. Forster moved that the committee on finance be discharged from the further consideration of Senate bill (introductory No. 197), entitled "An act in relation to taxation and the assessment and collection of taxes hereby imposed," and that the same be committed to the committee of the whole.

The President put the question wheth the Senate would agree to said motion, and it was decided in theirmative.

The Assembly sent for concurrence the following resolution :

Resolved (if the Senate concur), That a respectful message be sent to the Governor requesting the return of Assembly bill No. 87, entitled "An act to amend chapter 34 of the Laws of 1858, entitled 'An act to make school district number 9 in the town of Pomfret a union free school district,'" for amendment.

By unanimous consent, the rules were suspended, and said resolution was considered immediately.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in the passage of

the same.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled as follows:

"An act in relation to the port and harbor of New York and the waters near the same."

"An act further to amend chapter 417 of the Laws of 1877, entitled An act to repeal certain acts and parts of acts.""

"An act relative to lands under water in front of lands devised by James Morris, deceased."

After some time spent therein, the President resumed the chair, and Mr. McCarthy, from said committee, reported in favor of the passage of the first and last named bills, with amendments, which report was agreed to and said bills ordered engrossed for a third reading.

Mr. McCarthy, from the same committee, reported progress on the second named bill, and asked and obtained leave to sit again.

Mr. Robertson moved that the committee of the whole be discharged from the further consideration of said bill, and that the same be recommitted to the committee on the judiciary, retaining its place on general orders.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

The Senate again resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled as follows:

"An act in relation to the sale, and the proceeds of sale, of certain school property in the city of Albany."

"An act to authorize certain commissioners named in chapter 272 of the Laws of 1879, for the erection of an armory in the city of New York, to take lands therefor by lease for ninety nine years."

Assembly, "An act in relation to the appointment of Stanley M. Bierce as a notary public."

After some time spent therein, the President resumed the chair, and Mr. Lord, from said committee, reported in favor of the passage of the first named bill, with amendments, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Lord, from the same committee, reported in favor of the passage of the second named bill, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Lord, from the same committee, reported in favor of the passage of the last named bill, which report was agreed to, and said bill ordered to a third reading.

The Senate again resolved itself into committee of the whole, and proceeded to the consideration of general orders, being the bills entitled as follows:

"An act to amend chapter 857 of the Laws of 1872, entitled An act to amend an act entitled 'An act to incorporate the Poughkeepsie Bridge Company, for the purpose of constructing and maintaining a bridge, appurtenances and approaches to the same, over the Hudson river at a point or points between the city of Poughkeepsie and the town of Lloyd, Ulster county, on said river,' passed May 10, 1871." "An act to authorize the Ogdensburg and Lake Champlain Railroad Company to issue bonds and to execute a mortgage to raise funds to provide for the retirement of its preferred stock and other purposes."

After some time spent therein, the President resumed the chair, and Mr. Sessions, from said committee, reported in favor of the passage of the first named bill, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Sessions, from the same committee, reported progress on the last named bill, and asked and obtained leave to sit again.

Mr. Madden moved that the committee of the whole be discharged from the further consideration of said bill, and the same be recommitted to the committee on railroads.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

On motion of Mr. Astor, and by unanimous consent, the committee on cities were discharged from the further consideration of the bill entitled "An act to regulate the sale of milk in the cities of New York and Brooklyn, and provide for its inspection," and the same was committed to the committee of the whole.

On motion of Mr. McCarthy, and by unanimous consent, the Senate in open executive session confirmed the appointment of certain notaries public.

On motion of Mr. Sessions the Senate then resumed legislative business, and,

On motion of Mr. Astor, the Senate adjourned.

TUESDAY, FEBRUARY 17, 1880.

The Senate met pursuant to adjournment.

Prayer by the Chaplain.

The journal of yesterday was read and approved.

Mr. Jacobs presented a petition of Barbara Kennedy, widow of Captain John Kennedy, Jr., for relief; which was read and referred to the committee on finance.

Mr. Wagner presented a memorial of William L. Stone and others relative to an appropriation for the Saratoga monument; which was read and referred to the committee on finance.

Mr. Lord presented a petition of president and trustees, and also of citizens of the village of Palmyra for a bridge over the canal at Kent street in said village; which was read and referred to the com

mittee on canals.

Mr. Loomis presented a pétition of citizens of Wyoming county for separate institutions for the detention and reformation of female prisoners; which was read and referred to the committee on the judi

ciary.

gen

Mr. Forster, from the committee on literature, to which was referred the Assembly bill entitled "An act to amend chapter 555 of the Laws of 1864, entitled An act to revise and consolidate the eral acts relating to public instruction,'" reported in favor of the passage of the same without amendment, which report was agreed to and said bill committed to the committee of the whole.

Mr. Robertson, from the committee on the judiciary, to which was recommitted the bill introduced by Mr. Forster (introductory No. 1), entitled "An act further to amend chapter 147 of the Laws of 1876, entitled 'Au act granting to the United States the right to acquire the right of way necessary for the improvement of the Harlem river and Spuyten Duyvil creek from the North river to the East river, through the Harlem Kills, and ceding jurisdiction on the same,' as amended by chapter 345 of the Laws of 1879," which report was agreed to and said bill was ordered to a third reading.

Mr. Baker, from the committee on engrossed bills, reported as correctly engrossed the bills entitled as follows:

"An act relative to lands under water in front of lands devised by James Morris, deceased."

"An act in relation to the sale, and the proceeds of sale, of certain school property in the city of Albany."

"An act to amend chapter 857 of the Laws of 1872, entitled 'An act to amend an act entitled An act to incorporate the Poughkeepsie Bridge Company, for the purpose of constructing and maintaining a bridge, appurtenances and approaches to the same, over the Hudson river at a point or points between the city of Poughkeepsie and the town of Lloyd, Ulster county, on said river,' passed May 10, 1871." "An act in relation to the port and harbor of New York and the waters near the same."

"An act to authorize certain commissioners named in chapter 272 of the Laws of 1879, for the erection of an armory in the city of New York, to take lands therefor by lease for 99 years."

The Assembly sent for concurrence the following entitled bills:

"An act to further amend chapter 417 of the Laws of 1877, entitled An act to repeal certain acts and parts of acts,"" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to subject the town of Scipio, in the county of Cayuga, to the provisions and operations of chapter 180 of the Laws of 1875, entitled An act creating a board of town auditors in the several towns of this State, and to prescribe their powers and duties,"" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns and counties.

"An act to divide the Third and Seventh wards of the city of Utica and to create the Eleventh and Twelfth wards therein," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

"An act to amend chapter 312 of the Laws of 1861, entitled An act to revise and consolidate the several acts relating to the village of Sag Harbor and the several acts amendatory thereof,' " which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Birdsall, and by unanimous consent, the rules were suspended, and said bill was read the third time and passed.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths being present, as follows:

Ordered, That the Clerk return said bill to the Assembly, with a

message informing that the Senate have concurred in the passage of the same.

The Assembly returned the bill entitled "An act to further amend chapter 143 of the Laws of 1861, entitled 'An act to amend and consolidate the several acts in relation to the charter of the city of Rochester,' and to consolidate there with the several acts in relation to the charter of said city," with a message that they had concurred in the amendments of the Senate thereto.

Ordered, That the Clerk return said bill to the Assembly.

The Assembly bill entitled "An act to amend section 7 of chapter 591, Laws of 1870, entitled An act in relation to the custody and disposition of the moneys arising from the sale of the plain or common lands of the town of Hempstead, Queens county, New York,'” was read the third time and passed.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths being present, as follows:

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in the passage of the same, with amendments.

The bill entitled "An act further to amend chapter 147 of the Laws of 1876, entitled An act granting to the United States the right to acquire the right of way necessary for the improvement of the Harlem river and Spuyten Duyvil creek from the North river to the East river, through the Harlem Kills, and ceding jurisdiction on the same,' as amended by chapter 345 of the Laws of 1879," having been announced for a third reading,

Mr. Forster moved that said bill be recommitted to the committee on the judiciary, with instructions to amend as follows:

Add at the end of section 7, the following: "Upon the return by the said sheriff of the warrant first issued by said comptroller, as hereinbefore directed, if there shall be due and uncollected any of the sums assessed in said warrant directed to be collected, the said comptroller is hereby authorized and directed to create and cause to be issued and sold, upon the best terms he can procure for the same, in the name and behalf of the city of New York, a public fund in bonds or stocks payable not more than 40 years from the date thereof, for an amount equal to the whole amount of such assessments to that time unpaid after deducting such amount of awards for compensation as by this act are directed to be deducted from such assessments, but not exceeding $100,000, and which fund when issued shall be a charge on said city, and when so issued, all further collections of such assessments, and all proceedings taken for the enforcement and collection of the same shall be for the benefit of said city of New York," and to report the same forthwith.

SENATE JOURNAL.]

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