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"An act to provide for the adjustment and payment for services and disbursements made and rendered for the Seneca Nation of Indians by Benjamin F. Congdon, while attorney for said nation," which was read the first time, and by unanimous consent was also read the second time, and,

On motion of Mr. Vedder, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

"An act to amend chapter 367 of the Laws of 1882, entitled 'An act to restrict the formation of corporations under chapter 319 of the Laws of 1848, entitled An act to provide for the incorporation of benevolent, charitable, scientific and missionary societies,' and the acts amendatory thereof, and to legalize the incorporation of certain societies organized thereunder, and to regulate the same," which was read the first time, and by unanimous consent was also read the second time, and,

On motion of Mr. Robb, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

"An act to amend title 2, chapter 13, part 1 of the Revised Statutes, entitled 'of the place and manner in which property is to be assessed," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on taxation.

Mr. Thacher offered the following:

Mr. Thacher moved that the finance committee be instructed to report favorably Assembly bill, Senate Int. No. 489, entitled "An act making an appropriation for continuing work upon the Capitol, and purchasing material therefor."

Mr. Ellsworth moved to lay the motion on the table.

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

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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 to the Assembly of Assembly bill No. , entitled "An act to authorize the Comptroller of the State to foreclose a mortgage and sell certain lands and premises," for amend

ment.

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 resolution to the Assembly, with a message that the Senate have concurred in the passage of the same. Mr. Daly offered the following:

Whereas, The present disordered condition of financial affairs in the city of New York has already caused the most serious disturbance and is likely to cause great loss to the whole country, owing to the destruc[SENATE JOURNAL.]

132

tion of public confidence as to the soundness of the methods by which business is conducted; and,

Whereas, This unfortunate condition of all business affairs has been precipitated, if not caused, by the discoveries or irregularities and frauds committed by those who have been intrusted with property and securities, and who have misapplied and converted the same to their own use; therefore,

Resolved, That a special committee of the Senate, to consist of five members, be appointed by the President of the Senate, to sit after the adjournment of the Legislature, with power to inquire into the causes of the existing financial situation; to determine as to the necessity, if any, of further legislation to remedy similar evils in the future and more effectually to punish those who may be guilty of any misuse, embezzlement or misappropriation of property, or violation of any trust; and that such committee shall have full power to send for persons and papers, and may report by bill or otherwise. And the said committee is authorized to employ a stenographer.

Mr. Robinson moved to lay the resolution on the table.

The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

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Mr. Ellsworth moved to amend said resolution by striking out the words "special committee of five," and inserting "the finance committee of the Senate."

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

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Mr. Daly moved that said resolution be laid on the table. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

The Assembly returned the bill entitled "An act to provide the means and making appropriations to pay the expenses of superintendence, ordinary repairs and maintenance of the canals, for the fiscal year commencing on the first day of October, 1884," with a message that they had consented to the appointment of a new conference com

mittee, and appointed as such committee Messrs. Clinton, Joyce, Heath, Walrath and Mahar.

The Assembly returned the bill entitled "An act to provide for the repavement of Fifth avenue, in the city of New York," with a message that they had agreed to the report of the committee of conference thereon, as follows:

To the Legislature:

The undersigned appointed by the Senate and Assembly as a committee of conference relative to the matters of difference arising between the two Houses upon the Senate bill entitled "An act to provide for the repavement of Fifth avenue in the city of New York," report that they have duly conferred upon said matters, and agree to recommend as follows:

That the Senate do concur in the amendments to the bill adopted by the Assembly after being amended in conference committee so as to read as follows:

Strike out all after the enacting clause, and insert the following: SECTION 1. The commissioners of the sinking fund of the city of New York are hereby authorized and empowered, within thirty days. after the passage of this act, to advertise for at least ten days, in the City Record, for plans and proposals of different kinds of granite block pavement, with specifications annexed. for the repaving of Fifth avenue from Waverly place to Seventy-second street, in the city of New York, provided that said pavement shall be of the best material, and laid in the most substantial manner. Bidders must deposit with the comptroller a certified check in the amount of $25,000, drawn to the order of the comptroller on a New York city bank, being a guaranty for the execution of the contract within six days, in case the proposal be accepted. The comptroller shall give to such person or persons a receipt or certificate therefor, such receipt to be filed with such commissioners previous to the time of opening such proposals. No proposals to be entertained or opened from any bidder who has not complied with the above conditions; all such receipts to be returned to the bidders on demand after three days after the execution of such contract, and the comptroller shall forth with return said certified check or checks on presentation of such receipts. The said commissioners may reject any or all proposals submitted to them if they consider it for the public interest to do so, and they are hereby authorized to select and determine the best kind of granite block pavement to be used in paving said avenue, and enter into a contract with the lowest responsible bidder who bids upon the style of pavement, and upon, for, and in behalf of the city of New York; if, on examining the bids received under such advertisement, the said commissioners shall find that there is no bid presented by a responsible bidder offering to do the said work for $400,000, or less, they may, with the concurrence of the board of estimate and apportionment, again advertise in the manner heretofore. provided, and in such readvertisement, shall award the contract to the lowest responsible bidder who offers to do the work for $500,000, or less. In like manner if, after opening the bids, under the first advertisement, the contract shall be awarded to a bidder for $400,000 or less, and shall not enter into a contract as herein provided, and there shall be no other responsible bidder who has offered to do the work for $400,000 or less, a like readvertisement may be had as herein before

provided. In case of any readvertisement, it shall be for the same work, and under the same specifications, and on the same terms as under the first advertisement. Said contractor shall give security not less than $100,000 for its faithful performance, and executed by at least two sureties to be approved by the comptroller. A majority of the commissioners shall constitute a quorum for the transaction of all business, and the exercise of any powers conferred by this act. They shall receive no extra compensation for their services. The commissioners shall have charge and supervision of said work, and of the performance of such contract made by them, and bring, or direct the bringing of any suits or proceedings in the name of the mayor, aldermen and commonalty of the city of New York, which may be necessary to effect the performance of such contract or the purposes of this act. They shall, after they have made a contract, appoint a clerk, one surveyor, and two inspectors, and fix their salaries.

§ 2. To provide for the payment of said repavement, the comptroller of said city is hereby authorized and directed to raise from time to time in the name of the mayor, aldermen and commonalty of the city of New York, by the issue of bonds to be called the "Fifth Avenue Repaving Bonds," to the amount required, upon the certificate of said commissioners, not to exceed $400,000 nor $500,000, in case of readvertisement as herein before provided, and bearing not more than four per cent interest per annum and redeemable twenty years from the date thereof. If a contract is awarded at the full amount of $400,000 under the original advertisement of $500,000 under a readvertisement, the comptroller may issue bonds to an amount not exceeding $10,000, to pay the salaries and expenses as herein before provided, to be included in the amount of such bids and contract. The money received from the sale of said bonds shall be paid by the comptroller on the requisition of a majority of the commissioners provided for in this act, to pay the salaries of the clerk, the surveyors and inspectors appointed under this act, and also the amount payable to any contractor or contractors under any contract made by said commissioners in monthly payments and any final payments reserved by such contract after the work is completed.

§ 3. This act shall take effect immediately.

FRED. S. GIBBS,
ALBERT DAGGETT,
G. W. PLUNKITT,

Senate Committee.

WALTER HOWE,

THEODORE ROOSEVELT,
THOS. B. WELCH,
WALTER S. HUBBELL,
PETER J. KELLY,

Assembly Committee.

The President put the question whether the Senate would agree to the report of the committee of conference, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

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Ordered, That the Clerk return said bill to the Assembly, and request their concurrence in the report of the committee of conference. The Assembly returned the bill entitled "An act to amend an act entitled 'An act to authorize the formation of gas-light companies,' passed February 16, 1848, as to the county of Kings," with a message that they had passed the same with the following amendments:

Section 2, line 34, after the word "year" insert the words "not to exceed $2 per thousand feet."

Mr. Daggett moved to non-concur, and a committee of conference be appointed, and a like committee requested on the part of the Assembly. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

The President appointed as such committee Messrs. Daggett, Otis and Nelson.

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have non-concurred in their amendments, have appointed a committee of conference thereon, and request a like committee on their part.

Mr. Daggett, from the committee on conference, submitted the following report:

To the Legislature:

The undersigned appointed by the Senate and Assembly as a committee of conference relative to the matters of difference arising between the two Houses upon the Senate bill entitled "An act to amend chapter 463 of the Laws of 1880, entitled 'An act to amend chapter 604 of the Laws of 1875, entitled An act to protect the shores and bay of New York, and the seaside resorts near New York city, and to prevent the deposit of carrion, offal, dead animals, bedding or any putrid, offensive, decaying or refuse vegetable or animal matter, or any garbage or sweepings taken from the streets of any city into the North and East rivers or in the bay of New York or Raritan bay, within the jurisdiction of the State of New York, or in the waters of Jamaica bay, or in the waters of the Atlantic ocean, within three miles of Rockaway beach or Far Rockaway or Coney Island, or within less than one mile beyond the outer bar,' and to amend section 4 of the said chapter 604 of the Laws of 175," report that they have duly conferred upon said matters, and agreed to recommend as follows:

That the Assembly recede from the amendment to line 5, section 2, and that the other Assembly amendments be concurred in.

ALBERT DAGGETT,

JAMES OTIS,

M. C. MURPHY,

Senate Committee.

ittee.

WALTER HOWE,
JAMES TAYLOR,
M. C. EARL,
JAMES OLIVER,
HENRY HEATH,

Assembly Committee.

The President put the question whether the Senate would agree to said report of the committee of conference, and it was decided in the affirmative, a majority of all the Senators elected voted in favor thereof, and three-fifths being present, as follows:

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