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WEDNESDAY, FEBRUARY 13, 1884.

The Senate met pursuant to adjournment.

Prayer by the Chaplain.

The journal of yesterday was read and approved.

Mr. Esty, from the committee on public printing, to which was referred the resolution from the Assembly to print extra copies of the Report of the Commissioners of Fisheries, reported in favor of the adoption of the following resolution:

Resolved (if the Senate concur), That there be printed, of the Report of the Commissioners of Fisheries, made at the present session, 2,500 copies for the use of the Legislature, and a similar number in paper covers for the use of the commissioners.

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

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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. Esty, from the committee on public printing, to which was referred the resolution from the Assembly to print extra copies of the Annual Report of the Binghamton Asylum for Chronic Insane, reported in favor of the adoption of the following resolution:

Resolved (if the Senate concur), That there be printed 1,500 copies of the Annual Report of the Binghamton Asylum for Chronic Insane, 1,000 copies for the use of the managers of said asylum and 500 copies for the use of the Legislature.

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

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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. Esty, from the committee on public printing, to which was referred the resolution from the Assembly to print extra copies of the Report of the Superintendent of the New York Asylum for Idiots, reported in favor of the adoption of the following resolution:

Resolved (if the Senate concur), That 400 copies of the Report of the New York Asylum for Idiots be printed for the use of the Asylum, and 400 copies of the report for the use of the Legislature.

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

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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. Esty, from the committee on public printing, to which was referred the resolution from the Assembly to print extra copies of the Thirtieth Annual Report of the State Superintendent of Public Instruction, reported in favor of the adoption of the following resolution :

Resolved (if the Senate concur), That 3,000 copies of the Thirtieth Annual Report of the State Superintendent of Public Instruction be printed in cloth for distribution by that officer.

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

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

"An act to amend chapter 193 of the Laws of 1882, entitled 'An act relating to the People's Ferry Company,' passed May 20, 1882, and to limit and determine the powers thereby vested in and conferred upon the People's Ferry Company.'

"An act for the protection of persons insured or holding certificates of membership in accident insurance companies or associations." "An act to confirm and legalize the action of the late AttorneyGeneral Fairchild in a certain case,'

"An act regarding exemptions from execution and process."

"An act to amend section 9 of title 4 of chapter 129 of the Laws of 1872. as amended by section 9 of chapter 813 of the Laws of 1873, relative to the city of Trov."

"An act to authorize the board of education of the Baldwinsville Union Free School District to borrow money."

Mr. Ellsworth, from the committee on the judiciary, to which was referred the bill introduced by Mr. Lansing, Int. No. 129, entitled "An act to amend certain sections of the Code of Civil Procedure," re24

[SENATE JOURNAL.]

ported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Ellsworth, from the committee on the judiciary, to which was referred the bill introduced by Mr. Robb, Int. No. 254, entitled "An act relative to certificates of sales by sheriffs of real property," 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. Ellsworth, from the committee on the judiciary, to which was referred the bill introduced by Mr. Daggett, Int. No. 231, entitled "An act to designate Good Friday a public holiday and to amend chapter 27 of the Laws of 1875, chapter 30 of the Laws of 1881, and section 3343 of the Code of Civil Procedure to that effect," reported in favor of the passage of the same, with amendments, and the title amended so as to read as follows: "An act to amend chapter 27 of the Laws of 1875, entitled 'An act to designate the holidays to be observed in the acceptance and payment of bills of exchange, bank checks and promissory notes,' as amended by chapter 30 of the Laws of 1881," which report was agreed to, and said bill committed to the committee of the whole.

Mr. Ellsworth, from the committee on the judiciary, to which was recommitted the Assembly bill entitled "An act to legalize defective oaths to assessment-rolls made and subscribed before notaries public or other officers," 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. Fassett, from the committee on commerce and navigation, to which was referred the bill introduced by Mr. Murphy, Int. No. 9, entitled "An act to restrict and regulate the right of the Highland Junction Railroad Company to build their bridge across the Hudson river and to save the river from obstruction," reported adversely thereto, which report was agreed to, and said bill rejected.

Mr. Gibbs, from the committee on cities, to which was referred the bill introduced by Mr. Cullen, Int. No. 250, entitled "An act to provide for the proper removal of stable manure from the city of New York," reported the same for the consideration of the Senate, and said bill committed to the committee of the whole.

On motion of Mr. Gibbs it was ordered that said bill, when printed, be recommitted to the committee on cities.

Mr. Gibbs, from the committee on cities, to which was referred the bill introduced by Mr. Cullen, Int. No. 263, entitled "An act in relation to public markets," reported the same for the consideration of the Senate, and said bill committed to the committee of the whole.

On motion of Mr. Gibbs, it was ordered that said bill, when printed, be recommitted to the committee on cities.

Mr. Gibbs, from the committee on cities, to which was referred the bill introduced by Mr. Campbell, Int. No. 273, entitled "An act for the relief of persons who performed the duties of janitors in District Courts in the city of New York between September 30, 1878, and May 1, 1880," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole. Mr. Gibbs, from the committee on cities, to which was referred the bill introduced by Mr. Daggett, Int. No. 92, entitled "An act to provide

for furnishing an increased supply of water for the city of Brooklyn,” 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. Gibbs, from the committee on cities, to which was referred the bill introduced by Mr. Thomas, Int. No. 246, entitled "An act to authorize the common council of the city of Binghamton to submit to the tax payers of such city the question whether a judgment recovered against William Whitney, as superintendent of streets and city property, shall be paid by said city," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Gibbs, from the committee on cities, to which was referred the bill introduced by Mr. McCarthy, Int. No. 57, entitled "An act to regulate the manner of letting work upon contract in and for the city of New York," reported in favor of the passage of the same, with amendments, and the title amended so as to read "An act relating to certain public works to be paid for from the treasury of the city of New York," which report was agreed to, and said bill committed to the committee of the whole.

Mr. Gibbs, from the committee on cities, to which was referred the Assembly bill, entitled "An act to authorize the comptroller of the city of New York to examine the claim of John T. Nagle, and to audit and pay the amount that may be justly due," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Gibbs, from the committee on cities, to which was referred the Assembly bill, entitled "An act to authorize the city of Schenectady to borrow and expend money for current expenses," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Gibbs, from the committee on cities, to which was referred the Assembly bill, entitled "An act to amend chapter 385 of the Laws of 1862, entitled 'An act to amend and consolidate the several acts relative to the city of Schenectady," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Gibbs, from the committee on cities, to which was referred the Assembly bill entitled "An act authorizing the pavement of South Salina street in the city of Syracuse before a sewer shall be constructed therein," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole. Mr. Otis, from a committee of 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 Assembly bill entitled "An act to amend chapter 275 of the Laws of 1882, entitled 'An act to amend section 78 of part 2, chapter 1, title 2, article 2 of the Revised Statutes, being in relation to uses and trusts," report that they have duly conferred upon said matters and agreed to recommend as follows:

That the Assembly concur in the amendment of the Senate to the

Senate bill.

JAMES OTIS,

T. E. ELLSWORTH,

M. C. MURPHY,

Senate Committee.

JAS. W. HUSTED,
HARTFORD D. NELSON,

W. E. SMITH,

L. K. CHURCH,

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, with a message that the Senate have concurred in the report of the committee of conference.

Mr. Arkell, from the committee on villages, to which was referred the bill introduced by Mr. Ellsworth, Int. No. 279, entitled "An act to amend chapter 291 of the Laws of 1870, entitled 'An act for the incorporation of villages,"" reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Daly, by request, introduced a bill entitled "An act in relation to criminal proceedings," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Also, by request, a bill entitled "An act to amend an act entitled 'An act to repeal sections 6, 8, 9, 10, 11, 12, 13 and 15, and the preamble of chapter 864 of the Laws of 1868, entitled 'An act to authorize the drainage of marshland,' passed June 9, 1868; also chapter 282 of the Laws of 1869, entitled 'An act to amend an act entitled An act to authorize the drainage of marshland,' passed April 22, 1863, and for the repayment to said marshland company of moneys paid by them into the treasury of the State, in pursuance of said chapter 864 of the Laws of 1868, passed May 8, 1875," which was read the first time, and. by unanimous consent was also read the second time, and referred to the committee on claims.

Mr. Plunkitt introduced a bill entitled "An act to amend chapter 299 of the Laws of 1883, entitled 'An act to provide for the enrollment of the militia, for the organization and government of the National Guard of the State of New York, and for the public defense, and entitled the Military Code,' "" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on militia.

Also, a bill entitled "An act to incorporate the College of Midwifery 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.

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