"An act in relation to the study of physiology and hygiene in the public schools."

"An act legalizing the proceedings of the annual meeting of the Southern Tier Masonic Relief Association, held January 14, 1884." "An act to authorize marine mutual insurance companies to change to capital stock insurance companies."

Ordered, That the Clerk deliver said bills to the Governor.

By unanimous consent,

Mr. Jacobs offered the following:

Whereas, The contract system has been abolished by law; and, Whereas, It appears that within a few months contracts involving the labor of several hundred convicts will expire; therefore,

Resolved, That the Superintendent of State Prisons be requested to communicate within fifteen days any suggestions he may have to make concerning the best means of utilizing the labor of these convicts that they may not become a charge on the State, and what, if any, legislation is necessary to keep the convicts employed.

Mr. Gilbert moved to refer said resolution to the committee on finance.

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

Mr. McCarthy moved that when the Senate adjourns, it be until half-past ten o'clock to-morrow.

Mr. Jacobs moved to amend by making it "five minutes before eleven."

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

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

Mr. Thacher called for the consideration of the resolution heretofore offered by him in the words following:

Whereas, The board of officers appointed under an act of Congress, approved March 3, 1883, making an appropriation for the naval service, and for the purpose of examining and reporting to Congress which of the navy yards or arsenals has the best location, and is best adapted for the establishment of a government foundry for the manufacture of heavy ordnance, adapted to modern warfare; and

Whereas, The said board having reported to Congress, February 18, 1884, recommending the establishment of a gun factory under the control of the government at the Watervliet arsenal, West Troy, it being the most advantageous for locality; and

Whereas, The establishing of this gun factory and operating the same would by the use of large quantities of manufactured materials and the employment of a largely increased number of mechanics and laborers greatly enhance the business, mechanical and laboring interests of our State; therefore,

Resolved (if the Assembly concur), That our Senators and Representatives in Congress be and are hereby requested to support and urge the necessary appropriation as recommended by the said board. Resolved (if the Assembly concur), That the Governor be requested to transmit a copy of these resolutions to each of our Senators and Representatives in Congress.

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

Mr. McCarthy introduced a bill entitled "An act devolving the care, management and administration of the affairs of the Custodial Asylum upon the trustees of the Asylum for Idiots, and making the former asylum a branch of the latter," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

Mr. Kiernan introduced a bill entitled "An act to alter the commissioners' map of 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.

On motion of Mr. Newbold, the Senate adjourned.

FRIDAY, MARCH 7, 1884.

The Senate met pursuant to adjournment.

Prayer by the Chaplain.

The journal of yesterday was read and approved.

Mr. Ellsworth, from the committee on the judiciary, to which was referred the bill introduced by Mr. Thomas, Int. No. 404, entitled "An act to amend an act respecting rural cemeteries," 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 an act entitled 'An act to amend the act entitled An act authorizing the incorporation of rural cemetery associations,' passed April 27, 1847, being chapter 163 of the Laws of 1860," 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. Comstock, Int. No. 412, entitled [SENATE JOURNAL.]

39

"An act to amend the Code of Civil Procedure," 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. Thomas, Int. No. 403, 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," 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. 353, entitled "An act relating to the proof of payments made by or in behalf of municipal corporations in this State," 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. Arkell, Int. No. 346, entitled "An act to amend the Penal Code," 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. Ellsworth, from the committee on the judiciary, to which was referred the bill introduced by Mr. McCarthy, Int. No. 408, entitled "An act fixing the salaries of the stenographers of the Supreme Court in and for the Fifth Judicial District," 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. Ellsworth, from the committee on the judiciary, to which was referred the bill introduced by Mr. Thomas, Int. No. 416, entitled "An act to amend the Code of Civil Procedure," 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. Kiernan, Int. No. 411, entitled "An act to amend the Code of Civil Procedure," reported adversely thereto, which report was agreed to, and said bill rejected.

Mr. Ellsworth, from the committee on the judiciary, to which was referred the bill introduced by Mr. Robb, Int. No. 166, entitled "An act to amend the Code of Civil Procedure relating to collectors and special administrators of the estates of deceased persons," reported adversely thereto, which report was agreed to, and said bill rejected.

Mr. Robinson, from the committee on canals, to which was referred the bill introduced by Mr. Coggeshall, Int. No. 247, entitled "An act to provide for the disposition of certain portions of the Chenango canal not necessary for feeder purposes," 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. Robinson, from the committee on canals, to which was refered the bill introduced by Mr. Baker, Int. No. 378, entitled "An act for the relief of Thomas Evershed," 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. Robinson, from the committee on canals, to which was referred

the bill introduced by Mr. Thacher, Int. No. 212, entitled "An act to provide for the reconstruction of the suspension foot-bridge over the Erie canal at the Lumber district, near lock No. 2, at the foot of North Erie street, in the city of Albany," reported adversely thereto, which report was agreed to.

Mr. Robinson, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act to amend chapter 800 of the Laws of 1869, entitled 'An act in relation to making and repairing highways and bridges in the towns of Flatbush and New Utrecht, in Kings county,"" reported adversely thereto, which report was agreed to.

Mr. Gibbs, from the committee on cities, to which was referred the bill introduced by Mr. Otis, Int. No. 373, entitled "An act to amend chapter 368 of the Laws of 1865, entitled 'An act for the incorporation of societies or clubs for certain social and recreative purposes,"" 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. Kiernan, Int. No. 190, entitled "An act to provide for the payment to John Foley of his salary as supervisor of the county of New York," 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. Robb, Int. No. 337, 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," 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. Bowen introduced a bill entitled "An act to provide for a commission to ascertain and report the best method of employing convict labor in the prisons, penitentiaries and reformatories 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 State prisons.

Mr. Ellsworth introduced a bill entitled "An act relating to eligibility for office of coroner," 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. Murphy moved to discharge the committee on finance from the further consideration of the bill entitled "An act to provide for a commission to ascertain and report the best method of employing convict labor, other than the contract system, in the prisons, penitentiaries. and reformatories in this State," and that the same be referred to the committee of the whole.

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

Mr. Bowen offered the following:

Resolved, That when the Senate adjourns to-day it be to meet on Monday next at 8 o'clock, P. M.

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

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:

"An act to provide for changing the site of county buildings." "An act to amend the Code of Civil Procedure."

"An act to amend section 267 of chapter 409 of the Laws of 1882, entitled 'An act to revise the statutes of this State relating to banks, banking and trust companies.""

After some time spent therein, the President resumed the chair, and Mr. Otis, from said committee, reported in favor of the passage of the first-named bill, with amendments, which report was agreed to, and the same ordered engrossed for a third reading.

Mr. Otis, from the same committee, reported in favor of the passage of the second-named bill, which report was agreed to, and the same ordered engrossed for a third reading.

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

Mr. McCarthy moved to discharge the committee of the whole from the further consideration of the last-named bill, and the same be ordered engrossed for a third reading.

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

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 the Penal Code."

"An act to amend section 2818 of the Code of Civil Procedure." "An act authorizing the Comptroller to pay into the keeping of the trustees of the Elmira Female College the Elmira Female College educational fund."

After some time spent therein, the President resumed the chair, and Mr. Plunkitt, from said committee, reported in favor of the passage of the first and second-named bills, which report was agreed to, and the same ordered engrossed for a third reading.

Mr. Plunkitt, 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.

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 relating to the Buffalo East Side Street Railway Company." "An act to reduce, levy and confirm the assessment for the Bond street sewer in the city of Brooklyn, imposed under an act entitled 'An act relating to sewers and drainage in the city of Brooklyn,' passed April 23, 1879, and in relation to the payment of said assessment."

"An act to revise and consolidate the statutes of the State relating to the custody and care of indigent and pauper children by orphan asylums and other charitable institutions."