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. Gibbs Murphy Thacher Campbell Davidson Jacobs Nelson Thomas Coggeshall Ellsworth Lansing Plunkitt Van Schaick Comstock Esty Low Vedder 26 FOR THE NEGATIVE. Otis 1 Ordered, That the Clerk deliver said bill to the Assembly and request their concurrence therein. The Assembly returned the following entitled bill with a message that they had non-concurred in the passage of the same. “An act in relation to convict labor.” Mr. Ellsworth moved to reconsider the vote by which said bill was passed by the Senate. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, as follows: FOR THE AFFIRMATIVE. Thomas Robb Van Schaick Coggeshall Fassett Nelson Robinson Vedder Comstock Jacobs 27 Mr. Comstock moved to recommit said bill to the committee on State prisons with instructions to amend the same as follows: Strike out section 1 of said bill and insert the following: “SECTION 1. The Superintendent of State Prisons shall not, nor shall any other authority whatsoever, renew or extend any existing or pending contract, or make any new contract for the employment of any convicts in any of the prisons, penitentiaries or reformatories within this State. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. Mr. Comstock, from the committee on State prisons, reported back said bill amended pursuant to instructions. Mr. Tilus moved to recommit said bill to the committee on State prisons, with instruction to add the following as section 2 : “$ 2. Nothing in this act shall be construed so as to prevent the employment of convict labor in any way not inconsistent with the provisions of this act." Change section 2 to section 3. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, as follows: FOR THE AFFIRMATIVE. Murphy Plunkitt Thacher Titus Campbell Jacobs Newbold Robinson Van Schaick Daggett 16 FOR THE NEGATIVE. Baker Davidson Gibbs McCarthy Thomas Coggeshall Ellsworth Lansing Otis Vedder Comstock Fassett Low 13 Mr. Comstock, from the committee on State prisons, reported back said bill amended pursuant to instructions. Said bill, as amended, 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 three-fifths being present, as follows: FOR THE AFFIRMATIVE. Newbold Thomas Vedder Low 24 FOR THE NEGATIVE. Bowen Nelson Van Schaick 3 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein, as amended. Mr. Arkell, from the committee on villages, to which was referred the Assembly bill entitled “An act to authorize the water commissioners of the town of Plattsburgh to borrow money for repairing or relaying the water pipes between the Scribner pond and the distributing reservoirs, and to change the line of said water pipes between these points, and to issue the bonds of said village to secure the payment of the money so borrowed," reported in favor of the passage of the same, which report was agreed to, and On motion of Mr. Bowen, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading. Said bill having been announced for a third reading, On motion of Mr. Bowen, and by unanimous consent, the same was umended as follows : Add the following as section 4: “$ 4. The said three persons so appointed shall hear the proofs and allegations of any of the parties interested, and shall return the same to said justice with their report ; on such report being made the said water commissioners may move at a Special Term to be held by said justice on eight days' notice to the parties interested, for the confirmation of such report. Within twenty days after such confirmation, either party may appeal by notice in writing to the other to the Supreme Court from the appraisal and report of the said three persons appointed to appraise said damages. Such appeal shall be heard by the Supreme Court at any General or Special Term thereof on such notice thereof being given, according to the rules and practice of said court. On the hearing of such appeal the court may affirm the same, or direct a new appraisal before the same or new commissioners in its discretion. The second report shall be final and conclusive upon all the parties interested. If the amount of compensation to be made by the water commissioners is increased by the second report the difference shall be a lien on the land appraised and shall be paid by the water commissioners to the parties entitled to the same, or shall be deposited in the bank, as the court shall direct; and if the amount is diminished the difference shall be refunded to the water commissioners by the party to whom the same may have been paid ; and the judgment there for may be rendered by the court. On the filing of the second report againsť the party liable to pay the same, such appeal shall not affect the possession, by such water commissioners, of the land appraised ; and when the same is made by others than the water commissioners it shall not be heard, except on a stipulation of the party appealing not to disturb such possession.” Change section 4 to section 5. 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: e FOR THE AFFIRMATIVE. Arkell Daggett Fassett Nelson Thacher Gibbs Newbold Thomas Bowen Davidson Lansing Plunkitt Titus Campbell Ellsworth Low Robb Van Schaick Coggeshall Esty Murphy Robinson 24 Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same, with amendments. Mr. Arkell introduced a bill entitled “An act to amend the Penal Code,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary. The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled as follows: Assembly, “An act to reappropriate the unexpended balance remaining in the treasury of the State to the credit of the bounty debt sinking fund.” "An act to anthorize and direct the county clerk of Dutchess county to record certain notices of pendency of action now on file in the Dutchess county clerk's office, and to prepare a suitable index to the record of notices of pendency of action in said office.” "An act to imend 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." » After some time spent therein, the President resumed the chair, and Mr. Daly, from said committee, reported in favor of the passage of [SENATE JOURNAL.] 31 the first-named bill, which report was agreed to, and the same ordered to a third reading. Mr. Daly, from the same committee, reported in favor of the passage of the second-named bill, with amendments, and the title amended so as to read as follows: “An act to authorize the county clerks of Dutchess and Chemung counties to record certain notices of pendency of action now on file in the county clerks' oflices of Dutchess and Chemung counties, and to prepare suitable indices to the records of notices of pendency of action in said office," which report was agreed to, and the same ordered engrossed for a third reading. Mr. Daly, from the same committee, reported in favor of the passage of the last-named bill, with amendments, which report was agreed to, and the same ordered engrossed for a third reading. Mr. Thacher moved that the Senate bill entitled "An act making an appropriation for continuing work on the Capitol during the current year; for the purchase of material therefor, and for the payment of pending contracts thereon," be considered in the first committee of the whole. The President put the question whether the Senate would agri e to said motion, and it was decided in the negative, as follows: FOR THE AFFIRMATIVE, ny FOR THE NEGATIVE. Baker Daggett Fassett Low Robinson Bowen Davidson Gibbs McCarthy Thomas Coggeshall Ellsworth Lansing Otis Vedder Comstock Esty 17 The Senate again resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled as follows: "An act to amend chapter 628 of the Laws of 1857, entitled 'An act to suppress intemperance and to regulate the sale of intoxicating liquors.' "An act in relation to the collection of taxes in Monroe county, and to authorize and provide for the sale of property for unpaid taxes in said county.” “An act in relation to the issuing of bonds and stock upon any railroad.” After some time spent therein, the President resumed the chair, and Mr. Lansing, from said committee, reported progress on the abovenamed bills, and asked and obtained leave to sit again. Mr. Thomas introduced a bill entitled "An act to authorize the board of supervisors of the county of Broome to audit and pay standing committees of said board à per diem allowance and mileage," a au 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. Low introduced a bill entitled “An act to amend (hapter 327 of the Laws of 1875, passed May 14, 1875, entitled 'An act to amend an act entitled An act to consolidate the charter of the village of Middletown, passed March 31, 1866,' passed February 17, 1872," a ܕܕ which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on villages. Mr. Daggett introduced a bill entitled “An act to consolidate and amend the various acts passed May 7, 1872, May 1, 1873, June 12, 1874, and May 31, 1880, to regulate elections in 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 cities. Also, a bill entitled "An act relating to proof of payments made by or in behalf of municipal corporations in this State," 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 amend the Code of Criminal Procedure,” 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. Nelson introduced a bill entitled "An act to amend chapter 291 of the Laws of 1870, entitled 'An act for the incorporation of villages,'” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on villages. On motion of Mr. Bowen, the Senate adjourned. WEDNESDAY, FEBRUARY 27, 1884. و The Senate met pursuant to adjournment. Mr. Gibbs, from the committee on cities, to which was recommitted the bill introduced by Mr. Gibbs, Int. No. 88, entitled "An act to amend chapter 410 of the Laws of 1882, entitled 'An act to consoli. date into one act and to declare the special and local laws affecting public interests in the city of New York,'” 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. Murphy, Int. No. 112, 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 Kcal laws affecting public interest in the city of New York,'” 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. Van Schaick, Int. No. 253, entitled "An act to authorize the city of Kingston to borrow money,” 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. Van Schaick, Int. No. 252, entitled "An act to amend chapter 150 of the Laws of 1872, entitled 'An act to incorporate the city of Kingston,'” reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole. |