Mr. Jacobs, 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 a committee of the whole, and proceeded to the consideration of general orders, being the bill entititled as follows:

"An act to amend chapter 686 of the Laws of 1872, entitled 'An act to amend an act entitled An act to erect the village of Middleburgh into a separate road district,' and the several acts amendatory thereof."

After some time spent therein, the President resumed the chair, and Mr. Williams, from said committee, reported progress on the above named bill, and asked leave to sit again.

On motion of Mr. Fowler, the committee of the whole was discharged from the further consideration of said bill, and the same 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:

On motion of Mr. Fowler, and by unanimous consent, the rules were suspended, and it was

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

By unanimous consent, Mr. Robertson introduced a bill entitled "An act further to amend chapter 270 of the Laws of 1850, entitled An act to authorize the appointment of commissioners to take the proof and acknowledgment of deeds and other instruments, and to administer oaths in other States and Territories,"" 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

By unanimous consent, Mr. Madden introduced a bill entitled act to provide for the payment of water bonds issued by the village of Goshen, in the county of Orange," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on villages.

By unanimous consent, Mr. Schroeder introduced a bill entitled "An act to provide a police force for Coney Island, and to enforce the various provisions of law to protect the shores of Coney Island and the waters adjacent thereto and the bay of New York, from being made foul or offensive," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on commerce and navigation.

By unanimous consent, Mr. Fowler introduced a bill entitled "An [SENATE JOURNAL.]

22

act to prevent frivolous appeals," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. McCarthy introduced a bill entitled "An act to amend chapter 63 of the Laws of 1857, entitled 'An act to revise the charter of the city of Syracuse,'" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on cities.

By unanimous consent, Mr. Eidman, by request, introduced a bill entitled "An act to extend the definition of the crime of perjury, and for other purposes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. Halbert introduced a bill entitled “An act in relation to highway labor and the construction of sidewalks in the village of Whitney's Point," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on villages.

By unanimous consent,

Mr. Mills, from the committee on miscellaneous corporations, to which was referred the bill introduced by Mr. Forster (introductory No. 9), entitled "An act to provide for the establishing of houses of correction and refuge for women," reported in favor of the passage of the same, with amendments, which report was agreed to and said bill committed to the committee of the whole.

By unanimous consent,

Mr. Mills, from the committee on miscellaneous corporations, to which was referred the Assembly bill entitled "An act to amend section 3 of chapter 110 of the Laws of 1876, entitled 'An act supplemental to chapter 60 of the Laws of 1813, entitled 'An act to provide for the incorporation of religious societies and of the several acts amendatory thereof,'" reported in favor of the passage of the same with amendments, which report was agreed to and said bill committed to the committee of the whole.

Mr. Pitts offered the following:

Resolved, That the committee on insurance be discharged from the further consideration of the bill entitled "An act to provide for the formation of county co-operative insurance companies," and that the same be referred to the committee of the whole.

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

By unanimous consent,

Mr. Woodin, from the committee on cities, to which was referred the bill introduced by Mr. Jacobs (introductory No. 167), entitled "An act for the relief of Mary A. Vandewater, administratrix of Henry Vandewater, deceased," 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.

By unanimous consent,

Mr. Woodin, from the committee on cities, to which was referred the bill introduced by Mr. Astor (introductory No. 122), entitled "An act to secure the registration of the births of children, of residents of the city of New York, occurring during the temporary absace from the city of the parents of such children, and respecting

transcripts of the records," 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.

By unanimous consent,

Mr. Woodin, from the committee on cities, to which was referred the bill introduced by Mr. Schroeder (introductory No. 35), entitled "An act in relation to the government of the city of Brooklyn," 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.

By unanimous consent,

Mr. Woodin, from the committee on cities, to which was referred the Assembly bill, entitled "An act to amend chapter 863 of the Laws of 1873, entitled An act to amend the charter of the city of Brooklyn,' and the various amendments thereof," 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.

By unanimous consent,

Mr. Pitts, from the committee on villages, to which was referred the bill introduced by Mr. Madden (introductory No. 261), entitled "An act to amend chapter 777 of the Laws of 1870, entitled "An act to incorporate the village of Walden, in the county of Orange,'" reported in favor of the passage of the same without amendment, which report was agreed to.

On motion of Mr. Madden, 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, as follows:

Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

A message was received from the Assembly in the words following: IN ASSEMBLY, February 17, 1880.

Pursuant to concurrent resolution of the Senate and Assembly, the Governor returned the Assembly bill entitled "An act to authorize the sale by towns, cities and villages in the counties of Chenango, Delaware, Madison, Ulster and Sullivan, and the towns of Edmeston and Pittsfield, in the county of Otsego, of capital stock in railroad companies."

The vote upon the final passage of the said bill having been reconsidered, on motion of Mr. Curtis, and by unanimous consent, the same was amended as follows: Strike out all after the enacting clause and insert the following:

SECTION 1. The several towns, cities and villages in the counties of Chenango, Delaware, Madison, Ulster, Sullivan, Cortland, Orange,

Cayuga and Oswego, and the towns of Pittsfield and Edmeston, in the county of Otsego, and the town of Vienna, in the county of Oneida, are hereby authorized and empowered to sell and transfer all or any portion of the capital stock of the New York and Oswego Midland Railroad Company now owned, or that shall be hereafter issued to and owned by them, or either of them; and the several towns and villages in the county of Chenango are hereby also authorized and empowered to sell and transfer all or any portion of the capital stock of the Utica, Chenango and Susquehanna Valley Railroad Company now owned by them, or either of them.

§ 2. The railroad commissioner, or commissioners, or the supervisor in towns where there are no railroad commissioners, for any of the said several towns, cities and villages appointed under and pursuant to the statutes authorizing the bonding of the said towns, cities and villages, in aid of said companies, or either of them, and to take and subscribe for the capital stock issued by them, or either of them, may make a sale and the necessary transfer of the said capital stock, or of any part thereof, now held or that shall be hereafter issued to and held by their respective towns, cities or villages, at such times and on such terms as to them shall seem advisable; but no such sale and transfer shall be made by the commissioner or commissioners, or the supervisor acting as such commissioner of any town, without the approval and consent in writing of a majority of the justices of the peace, in all towns where the supervisor acts as such commissioner, and in all other towns, of the supervisor and a majority of the justices of the peace of such towns, or by the commissioner or commissioners of any village, without the like approval and consent of a majority of the trustees of such village, or in any such case without the approval and consent in writing of the county judge of the county in which such town or village is situate, which consent shall state the terms of sale and shall be acknowledged in the manner required for the acknowledgment of conveyances of real estate for record, and shall be filed and recorded in the clerk's office of the said county. But no such sale and transfer shall be made by the commissioner or commissioners of any city until the following provisions have been fully complied with, namely: Whenever said commissioner or commissioners shall receive any proposition for the sale of the whole or any portion of said stock, said commissioner or commissioners shall notify in writing the common council of the city for which said commissioner or commissioners may have been appointed as aforesaid, of the terms and provisions of such proposed sale, and the said commissioner or commissioners shall not make a sale or transfer of said capital stock, or any part thereof, unless said common council at a regular or special meeting by a vote of the mayor and two-thirds of all the aldermen elected of said city approve and consent to such proposed sale of said stock, or any part thereof. After said commissioner or commissioners shall notify the common council of any city in writing as aforesaid, the city clerk of said city shall cause the same to be published in the official paper or papers of said city, if there be any, at least twice, and the common council of any such city shall not approve or consent to such proposed sale at any regular or special meeting unless said notification shall have been published at least twice in the official paper or papers of said city, if there be any. But no such sale and transfer shall be made until the official record of all

such proceedings containing the notice of the said commissioners to said common council of such proposed sale, and the vote of the mayor and common council thereon receive the approval and consent of the county judge of the county in which any such city is situated. § 3. All acts and parts of acts inconsistent with this act are hereby repealed.

§ 4. This act shall take effect immediately.

Amend the title so as to read as follows: "An act to authorize the sale by towns, cities and villages in the counties of Chenango, Delaware, Madison, Ulster, Sullivan, Cortland, Orange, Cayuga and Oswego, the towns of Pittsfield and Edmeston, in the county of Otsego, and the town of Vienna, in the county of Oneida, of capital stock in railroad companies," and as amended, passed and ordered to be sent to the Senate for concurrence.

By order,

EDW. M. JOHNSON, Clerk.

The President put the question whether the Senate would agree to reconsider the vote upon said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, as follows:

The President then put the question whether the Senate would agree to the final passage of said bill, as amended, 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, as amended.

The President presented the report of Secretary of State upon the Statistics of Pauperism.

Ordered, That said report be laid on the table and printed.

(See Assem. Doc. No. 62.)

On motion of Mr. Murtha, the Senate adjourned.