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liquor to persons who are in the habit of becoming intoxicated, or without consent of parent or guardian to minors, and making the person who sells liquor, with the owner or party renting or leasing the building or premises, when he has rented the same knowing that liquor was to be sold therein contrary to law, or when leased for other purposes he knowingly permits such sale therein, jointly and severally liable for damage to life, property, or means of support, by reason of the intoxication of any person caused, in whole or in part, by such sale; also, providing that illegal selling of such liquor shall work a forfeiture of all rights of the tenants, and for the prosecution for such damages and rendering certain property liable for the payment of judgments that may be obtained therefor, with costs of suit," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

The Assembly returned the concurrent resolution relative to requesting our Senators and Representatives in Congress to endeavor to secure such legislation as shall establish Albany as a port of entry, with a message that they had concurred in the passage of the same.

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 authorize the Pennsylvania and Sodus Bay railroad and the Sodus Point and Southern Railroad Company to connect their respective railroads by branches therefrom."

Assembly, "An act to authorize the election of a police justice in and for the village of Flushing, Queens county, and to prescribe his duties and compensation, and regulating charges in criminal proceedings in said village."

Assembly, "An act in relation to the Chemung Railroad Company." After some time spent therein the President resumed the chair, and Mr. Benedict, from said committee, reported in favor of the passage of the first named bill, with amendments, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Benedict, from the same committee, reported progress on the two last named bills, and asked and obtained leave to sit again.

Mr. Palmer moved to recommit the bill entitled "An act to provide a site for an armory and drill-room for the Seventh Regiment of the National Guard of the State of New York," to the committee on the affairs of cities.

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

Mr. Chatfield offered the following:

The Senate having learned, with deep sorrow, of the death of Hon. William M. Ely, member of Assembly from Broome county; therefore, Resolved, That we deeply sympathize with the family and friends of the deceased in their afflictive bereavement.

Resolved, That a committee of three be appointed by the President, to act with a like committee of the Assembly, to attend the funeral of

the deceased.

Resolved, That as a mark of respect to the memory of the deceased the Senate do now adjourn.

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

Whereupon the Senate adjourned.

WEDNESDAY, FEBRUARY 7, 1872.

The Senate met pursuant to adjournment.

Prayer by Rev. Dr. Darling.

The journal of yesterday was read and approved.

Mr. Weismann presented a petition of the trustees of the Congrega tion Shaary Tefila to confirm the conveyance of real and personal estate; which was read and referred to the committee on charitable and religious Societies.

Mr. Wagner presented a petition of the trustees of Palatine Bridge union free school for an increase of the Literature Fund; which was read and referred to the committee on literature.

Messrs. Harrower, Lewis, Johnson, and Madden, severally, presented remonstrances against any legislation in behalf of the Erie railway; which were read and referred to the committee on railroads.

Messrs. McGowan and Bowen presented petitions for an increase of the Literature Fund; which were read and referred to the committee on

literature.

Mr. Tiemann presented a petition of the merchants of New York to continue the commissioners of docks; which was read and referred to the committee on the affairs of cities.

Also, a petition of John T. Hecker and others to repeal the charter of the Tammany Society or Columbian Order; which was read and referred to the committee on the affairs of cities.

The President presented a communication from the comptroller of the city of New York, in reply to a resolution of inquiry in relation to payments on account of the court house in the ninth judicial district; which was laid on the table and ordered printed.

(See Doc. No. 28.)

Mr. Palmer, from the committee on the affairs of cities, to which was referred the bill entitled "An act to repeal section nine of an act entitled An act to make further provision for the government of the county of New York,' passed April 26, 1870," reported that they have directed their chairman to ask that the committee be discharged from its further consideration, and that the same be referred to the committee on the judiciary.

report,

The President put the question whether the Senate would agree to said and it was decided in the affirmative. Mr. Palmer, from the committee on the affairs of cities, to which was referred the bill entitled "An act to amend an act relating to appropriations and deficiencies in the city and county of New York, etc., passed January 30, 1872," reported in favor of the passage of the same, and aid bill was committed to the committee of the whole referred the bill entitled "An act in relation to petit jurors for the county to which was court and court of sessions in the county of Westchester," reported in favor of the passage of the same, and said bill was committed to the

committee of the whole.

Mr. Baker, from the committee on charitable and religious societies, to which was referred the bill entitled "An act to amend an act to provide for the incorporation of religious societies, passed April 5, 1813," report the same for the consideration of the Senate, and said bill was committed to the committee of the whole.

Mr. Baker, from the committee on charitable and religious societies, to which was referred the Assembly bill entitled "An act to amend the cer tificate of incorporation or charter of the Midnight Mission," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Baker, from the committee on charitable and religious societies, to which was referred the Assembly bill entitled "An act to enable the Shepherd's Fold of the Protestant Episcopal Church in the State of New York to take by grant and hold real estate to the amount of one hundred thousand dollars," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Baker, from the committee on charitable and religious societies, to which was referred the bill entitled "An act to amend the charter of the American Bible Society," reported in favor of the passage of the same and said bill was committed to the committee of the whole.

Mr. Baker, from the committee on charitable and religious societies, to which was referred the Assembly bill entitled "An act to confirm the con veyance of real and personal estate by the Beth El congregation of Jews of the city of New York, to the congregation of Shaary Tefila of the city of New York," reported in favor of the passage of the same with amend ments, and said bill was committed to the committee of the whole.

Mr. Adams, from the committee on the affairs of cities, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act to reorganize the fire department of the city of Albany,' passed March 29, 1867," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Baker, from the committee on charitable and religious societies, to which was referred the Assembly bill entitled "An act to change the name of the First Congregational Church and Society of Poughkeepsie, New York," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. D. P. Wood, from the committee on charitable and religious societies, to which was referred the bill entitled "An act to amend chapter 515, of the Laws of 1869, entitled 'An act for the incorporation of the Grand Lodge of the Independent order of Good Templars of the State of New York,'" reported in favor of the passage of the same with amendments, and said bill was committed to the committee of the whole.

The Assembly sent for concurrence the bills entitled as follows: "An act to authorize the trustees of Unadilla academy to sell and convey the property of that corporation, and to dispose of the proceeds of sale," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

"An act to amend an act passed April 19, 1871, entitled 'An act to amend an act entitled "An act to authorize the formation of railroad corporations and to regulate the same," passed April 2, 1850," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

"An act for the extension of the Utica, Chenango and Cortland rail

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

"An act to authorize the Harlem and New York Navigation Company to issue bonds and to mortgage its real estate to secure the payment of the same," 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.

"An act to amend an act entitled 'An act to amend an act passed March 23, 1850, entitled "An act for the protection of purchasers of real estate upon sales by order of surrogates," passed April 20, 1869," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to authorize the village of Silver Creek, in the county of Chautauqua, to purchase, hold, use, and convey certain real estate, and to legalize proceedings relative thereto," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to confirm the exchange of land for the use of the public cemetery of the town of Hempstead, county of Queens, known as Greenfield Cemetery, and elect officers for the management of the same," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act authorizing the Canal Commissioner of the eastern division to raise a certain road-bed in the town of Kingsbury, county of Washington," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

"An act to amend an act entitled 'An act to authorize the Watervliet Turnpike Company to construct and maintain a railroad on their present road, and to extend the same into and through the village of West Troy and Cohoes and the town of Watervleit and the city of Albany, to increase the capital stock and to alter their corporate name,' passed April 15, 1862, by increasing the capital stock of the company for the purpose of paying the outstanding bonds thereof," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

"An act to extend to the towns of Skaneateles and Spafford, of the county of Onondaga, the provisions of the act entitled 'An act to amend an act entitled "An act to authorize the formation of railroad corporations, and to regulate the same," passed April 2, 1850, so as to permit municipal corporations to aid in the construction of railroads, passed May the 15th, 1869, and of acts amendatory thereof," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

"An act to legalize the acts of Stafford Wade, Leverett Spring, and Aaron A. Spencer, commissioners of the town of Arcade, in purchasing certain bonds and coupons of said town with moneys arising from the sale of certain railroad stock belonging to said town, and to authorize said commissioners to cancel the same," which was read the first time, and by

to the committee on the judiciary:

"An act to amend an act entitled 'An act authorizing the town of Naples to raise eight thousand dollars by tax to build a town and sol

[SENATE JOURNAL]

23

diers' memorial hall,' passed April 16, 1869," which was read the first time, and by unanimous consent was also read the second time.

Mr. Johnson moved to refer said bill to the first committee of the whole.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, two-thirds of all the Sena tors present voting in favor thereof.

"An act to authorize the trustees of the Methodist Episcopal church of Northville to convey real estate," which was read the first time, and by unanimous cousent was also read the second time, and referred to the committee on charitable and religious societies.

The Assembly returned the following entitled bills, with a message that they had concurred in the passage of the same, without amendment "An act for the protection of tax-payers against the frands, embezzle ments and wrongful acts of public officers and agents."

"An act to change the name of the Mutual Protection Life Assurance Society, and to provide for an increase of its capital."

"An act to authorize the town of Herkimer, Herkimer county, to issue bonds upon its credit for the purpose of raising money to be contributed towards building a new court-house for said county, in said town."

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

Mr. Madden gave notice that he would, at an early day, ask leave to introduce a bill to amend an act entitled "An act to supply the village of Middletown with water for public and private purposes," passed Apri 3, 1866.

Mr. Woodin, from the committee on engrossed bills, reported as cor rectly engrossed the bills entitled as follows:

"An act to amend an act entitled 'An act requiring mortgages of per sonal property to be filed in the town clerk's and other offices,' passed April 29, 1833; and also to amend chapter 412, of the Laws of 1864 being an act to amend an act entitled 'An act to provide for the registry of liens and encumbrances upon boats navigating canals in this State, passed April 15, 1858."

"An act for the relief of Simon DeGraff, James Conway and George W. Phelps, and to authorize the board of supervisors of the county of Livingston to audit and allow the claims of Simon DeGraff, James Con way and George W. Phelps for constructing and repairing a bridge ove the Genesee river, in the county of Livingston, and to levy a tax for the amount allowed.

"An act to authorize the Pennsylvania and Sodus Bay railroad and the Sodus Point and Southern Railroad Company to connect their respective railroads by branches therefrom."

By unanimous consent, Mr. Palmer asked and obtained leave to intro duce a bill entitled "An act to enable the electors of the town of Chat ham, Columbia county, to vote by districts for town officers, and to other purposes," which was read the first time, and by unanimous con sent was also read the second time, and referred to the committee on internal affairs.

By unanimous consent, Mr. Tiemann asked and obtained leave to intro duce a bill entitled "An act in relation to expenses in opening streets and for local improvements 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 the affairs of cities.

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