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Said bill was then read the third time.

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 Senators elected voting in favor thereof, and threefifths being present, as follows:

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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same. The Assembly bill entitled "An act to amend section 3 of article 1, title 1, chapter 16 of part 1 of the Revised Statutes," was read the third time.

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 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, with a message that the Senate have concurred in the passage of the same. The Assembly returned the bill entitled "An act to create a Forest Commission for the State of New York, and making an appropriation therefor," with a message that they had passed the same with the following amendments:

Section 1 is hereby amended to read as follows:

SECTION 1. Within ten days after the passage of this act, the Governor, by and with the advice and consent of the Senate, shall appoint a suitable person who shall be a resident and citizen of this State, as Commissioner, who shall be known as the "Forest Commissioner of the State of New York." Said commissioner shall hold office for six years, and until his successor shall be appointed and confirmed by the Senate. The said commissioner shall receive an annual salary of $4,000. Neither said commissioner nor his subordinates shall be liable to any person or corporation, for any damages sustained by reason of want of repair of any road or bridge situated upon the forest lands of the State. Said commissioner shall have an office in the new Capitol in the city of Albany, where all the records of said commission shall be kept.

Section 2 is hereby amended so as to read as follows:

§ 2. It shall be the duty of the said commissioner to cause all the forest lands now owned or which may be acquired by the State to be located, and when necessary to be surveyed, to procure suitable books

of record and cause all said lands to be recorded, to make and publish such reasonable rules and regulations, for the use of said forest lands by the public as shall give the greatest amount of liberty in the use thereof, consistent with the preservation of the forests therein; to prevent trespass upon the said lands and streams situated thereon; to make reasonable regulations for the prevention and extinguishment of fires thereon; to prevent overflow of lands belonging to the State, by the erection of dams and obstructions which may be hereafter built or made in the streams within said boundaries; to report to the Legislature on or before the fifteenth day of January, in each year, his official action during the preceding year, and such information as may be useful in preserving the forests upon State lands, and the forests of the State generally, and maintaining and preserving the supply of water derived therefrom, and also to report generally upon the subject of forest preservation, and the utility thereof, in its scientific aspects; to report to the Attorney-General trespasses upon said land and streams, and furnish to him evidence thereof. Such commissioner shall not grant to any person or class of persons or corporation any exclusive use of any portion of such forest lands or any lakes or rivers therein. Section 3 is hereby amended so as to read as follows:

§3. The Attorney-General shall, upon the report of the forest commissioner, commence actions in any court having jurisdiction against persons who have committed trespass upon the forest lands of the State, to recover the penalties prescribed by this act, or for any cause of action the people may have against such trespassers. In any action brought by the Attorney-General, under this act, an injunction may be granted upon the application of the Attorney-General restraining any act of trespass, waste or destruction, and in cases where lands belonging to the State within said boundaries are being injured by the maintenance of any dam or obstruction which may hereafter be erected in any stream or lake, the court may order the removal or partial removal of said obstruction during the pendency of said action, provided that the owner of such dam or obstruction shall not be deprived of any legal or equitable right to damages for such removal.

Section 4 is hereby amended to read as follows:

§ 4. The said commissioner shall have power to appoint such foresters as he may deem necessary, not exceeding ten in number, at salaries not exceeding $600 each, per annum, and such clerks as he may deem proper, within the limits of the appropriation made by this act.

Section 5 is hereby amended by striking out the word "commissioners" wherever it occurs in said section, and inserting in place thereof the word "commissioner," and also by striking out the word "five" in the last line but one of said section, and inserting in place thereof the word "ten."

Section 7 is hereby amended by striking out the word "commissioners" wherever it occurs in said section, and inserting in place thereof the word "commissioner," and striking out the word "commission" in the last line but one of said section, and inserting in place thereof the word "commissioner.”

Mr. Lansing moved to concur in the amendments of the Assembly with the further following amendment:

§ 8. But it is hereby expressly provided, that in case the Governor shall fail to nominate a forest commissioner, or if the Governor shall [SENATE JOURNAL.]

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nominate a person to be forest commissioner, and the Senate shall fail to confirm said nomination, then the provisions of this act shall in no wise interfere, or conflict with the powers now vested in, or exercised by, any officer of this State over the State lands, until the Governor shall nominate and the Senate confirm the nomination of a forest commissioner for this State.

$9. This act shall take effect immediately.

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

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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in their amendments, and request concurrence in further amendment.

Mr. Coggeshall moved that when the Senate adjourn, it adjourn to meet to-morrow morning at 9 o'clock.

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

Mr. Ellsworth moved that the Senate do now adjourn.

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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The Assembly bill entitled "An act to amend the Code of Civil Procedure" (Int. No. 495), was read the third time.

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 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, with a message that the Senate have concurred in the passage of the same. The Assembly bill entitled "An act to legalize the acts of Jeffrey Stroud and William C. Cummins as commissioners of excise of the town of Woodhull, in the county of Steuben, and the acts of John Reynolds and Charles H. Rosecrans as commissioners of excise of the town of Neversink, in the county of Sullivan," was read the third time. 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 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, with a message that the Senate have concurred in the passage of the same. The Assembly bill entitled "An act to amend section 2234 of the Code of Civil Procedure," was read the third time.

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 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, with a message that the Senate have concurred in the passage of the same. · The Assembly bill entitled "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," was read the third time.

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 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, with a message that the Senate have concurred in the passage of the same.

The bill entitled "An act to amend chapter 180 of the Laws of 1884, entitled 'An act to amend chapter 410 of the Laws of 1882, entitled An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York, and to provide a pension fund for the police department of said city,'" was read the third time.

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 Senators elected voting in favor thereof, and three-fifths being present, as follows:

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

Mr. Thacher presented a petition of employees on the Capitol for the passage of the bill making an additional appropriation for continuing work on the Capitol; which was read and referred to the committee on finance.

Mr. Thacher moved that the finance committee be discharged from the further consideration of Assembly bill, Int. No. 489, entitled "An act to make an appropriation for continuing work on the Capitol and purchasing material therefor," and that the said bill be referred to the committee of the whole.

Mr. Ellsworth moved to lay said 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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Mr. Daly moved that the Senate do now adjourn.

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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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