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Mr. Daggett moved to recommit said bill 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.

Mr. Gibbs, from the same committee, reported progress on the lastnamed bill, and asked and obtained leave to sit again.

Mr. Otis offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of Assembly bill, printed No. 62, entitled “An act to release to Sarah Bennett the right, title and interest of the people of the State of New York in and to certain real estate in the town of Oyster Bay, Queens county, of which Thomas F. Bennett died seized," and that the same be ordered to a third reading.

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

On motion of Mr. Thomas, the Senate adjourned.

THURSDAY, FEBRUARY 21, 1884.

ary thereto.

The Senate met pursuant to adjournment.
Prayer by the Chaplain.
The journal of yesterday was read and approved.

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

“An act for the relief of persons who performed the duties of janitors of district courts in the city of New York, between September 30, 1878, and May 1, 1880.”

“An act to amend section 50, title 7, chapter 555, Laws of 1864, entitled 'An act to revise and consolidate the general acts relating to public instruction, and the acts amendatory thereof and supplement

"An act to amend the Code of Civil Procedure.”

An act to amend section 60, title 7, and sections 5 and 10, title 9, chapter 555, Laws of 1864, entitled 'An act to revise and consolidate the general acts relating to public instruction,' and the acts amendatory thereof and supplementary thereto."

"An act to make provision for a public park in the seventh ward of the city of New York, including therein all necessary alterations of the map or plan of said city, the acquisition of land for such park, and the payment of all expenses connected there with from moneys to be raised by bonds, taxes and assessments for local improvements.

“An act relative to certificates of sales by sheriffs of real property.”

An act to amend chapter 27 of the Laws of 1875, entitled 'Au act to designate the holidays to be observed in the acceptance and pay. ment of bills of exchange, bank checks and promissory notes,' as amended by chapter 30 of the Laws of 1881."

“An act to change the corporate name of the Association for the Benefit of Colored Orphans in the city of New York to the Colored

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Orphans' Asylum and Association for the Benefit of Colored Children in the city of New York."

The Assembly returned the following entitled bill with messages that they had concurred in the report of the committee of conference thereon:

“An act to amend chapter 275 of the Laws of 1882, entitled 'An aci to amend section 78 of part 2, chapter 1, title 2, article 2 of the Revised Statutes, being in relation to uses and trusts."

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

Mr. Otis, from the committee on militia, to which was referred the Assembly 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 of the National Guard of the State of New York, and for the public defense, and entitled the Military Code,'” 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. Otis, from the committee on militia, to which was referred the Assembly bill entitled "An act to amend au act entitled 'An act to secure the completion of the Seventh Regiment new armory in the city of New York,' passed March 1, 1879," 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. Low, from the committee on public health, to which was referred the bill introduced by Mr. Coggeshall, Int. No. 275, entitled “An act to prevent deception in the sale of oleomargarine, butterine, suine, or any article or substance having the semblance of butter, for butter,” reported the saine for the consideration of the Senate, and said bill committed to the committee of the whole.

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

Mr. Vedder, from the committee on taxation, to which was referred the bill introduced by Mr. Vedder, Int. No. 309, entitled "An act to tax collateral inheritances,” reported the same for the consideration of the Senate, and said bill committed to the committee of the whole.

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

Mr. Ellsworth, from the committee on the judiciary, to which was recommitted the bill introduced by Mr. Cullen, Int. No. 204, entitled “An act relating to actions brought by the mayor, aldermen and commonalty of the city of New York to recover penalties for violation of corporation ordinances and the collection thereof,” 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 410 of the Litws 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,'” which report was agreed to, and said bill committed to the committee of the whole.

The Assembly sent for concurrence the following entitled bills :

“An act to amend chapter 260 of the Laws of 1867, entitled 'An act to incorporate the village of Coxsackie,'” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on villages. “An act making an appropriation for the support of government,

[SENATE JOURNAL.] 29

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which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Murphy introduced a bill entitled “An act changing the name of the Broadway Underground Railway Company and extending and supplementing the rights, powers and duties heretofore possessed, conferred and imposed upon said company," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads and printed.

Mr. Robb introduced a bill entitled “An act to enable the New York and Harlem Railroad Company to enlarge the passenger depot at Forty-second street, in 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 cities.

Also, a bill entitled "An act to incorporate the New York Free Circulating Library,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

Mr. Baker introduced a bill entitled “An act making an appropriation for the construction of additional buildings at the Soldiers' Home at Bath,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Fassett introduced a bill entitled “An act to amend chapter 466 of the Laws of 1877, entitled 'An act in relation to assignments of the estates of debtors for the benefit of creditors,'” 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, a bill entitled "An act for the better protection of the employees of corporations and joint-stock companies making assignments," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Mr. Otis introduced a bill entitled "An act authorizing the construction of a canal or channel between the water of Shinnecock bay and those of Peconic bay, in the county of Suffolk," 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.

Mr. Kiernan introduced a bill entitled “An act relative to the Supreme Court in the Second Judicial District,” 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, a bill entitled “An act to prohibit the laying of any railroad in, on, under or above Atlantic avenue, in the city of Brooklyn, or of excavating or tunneling or of using or operating the tunnel now built under said avenue in the city of Brooklyn, except on the reimbursement of certain property owners, their executors, administrators or assigns, of certain assessments," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

Also, a bill entitled "An act in relation to the improvement and sale of certain lands adjacent to the city of Brooklyn," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

Mr. Lansing introduced a bill entitled “An act making an appropriation for the payment of awards made by the Board of Claims,"

which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

The bill entitled “An act to change the corporate name of the Association for the Benefit of Colored Orphans in the city of New York to the Colored Orphans' Asylum and Association for the Benefit of Colored Children in the city of New York,” 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, as follows :

FOR THE AFFIRMATIVE.
Arkell Daggett Fassett McCarthy Robb
Baker
Daly

Gibbs Murphy Thomas
Coggeshall Davidson Jacobs Newbold Titus
Comstock Ellsworth Lansing Otis

Van Schaick Cullen Esty

Low

Plun kitt Vedder 25 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

The bill entitled “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," was read the third time.

The President put the question whether the Senate would agroo 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:

FOR THE AFFIRMATIVE.) Baker Daly

Gibbs McCarthy Plunkitt Coggeshall Davidson Gilbert Murphy Robb Comstock Ellsworth Kiernan Newbold Van Schaick Cullen Fassett Low

Otis

Vedder Daggett

21 FOR THE NEGATIVE. Esty Titus

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

The bill entitled “An act to amend the Code of Civil Procedure” (S 1068), 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:

FOR THE AFFIRMATIVE. Arkell Daly

Kiernan Otis Baker Davidson Low

Plunkitt Coggeshall Esty Murphy Robb Comstock Fassett Newbold Robinson Cullen

Thomas
Titus
Van Schaick
Vedder

21

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

The bill entitled “An act relative to certificates of sales by sheriffs of real property," 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:

FOR THE AFFIRMATIVE. Arkell Cullen Fassett Low

Robb Baker Daly

Gibbs McCarthy Robinson Bowen Davidson Gilbert Murphy Van Schaick Coggeshall Ellsworth Kiernan Newbold Vedder Comstock Esty Lansing

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

The Assembly bill entitled “An act to release to Sarah Bennett the right, title and interest of the people of the State of New York in and to certain real estate in the town of Oyster Bay, Queens county, of which Thomas F. Bennett died seized," 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, two-thirds of all the Senators elected voting in favor thereof, as follows :

FOR THE AFFIRMATIVE.
Arkell

Cullen Gilbert Murphy Thomas
Baker
Davidson Kiernan Otis

Titus
Bowen
Ellsworth Lansing Robb

Van Schaick Coggeshall Esty

Low

Robinson Vedder Comstock Fassett McCarthy

23 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 release to Ellen Travers and Johanna Corcoran the right, title and interest of the people of the State of New York in certain real estate in the city of Auburn, Cayuga county, State of New York,” 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, two-thirds of all the Senators elected voting in favor thereof, as follows :

FOR THE AFFIRMATIVE.
Arkell Davidson Gilbert Newbold Thomas
Bowen Ellswortli Kiernan Plunkitt Titus
Coggeshall Esty

Low
Robb

Van Schaick Comstock Fassett McCarthy Robinson Vedder Cullen Gibbs Murphy

23 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 chapter 580 of the Laws of 1880, entitled 'An act to amend chapter 436 of the Laws of 1877, entitled An act in relation to county treasurers, was read the third time.

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