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delivery, or who shall neglect to transmit or deliver the same, shall on
conviction before any court, be adjudged guilty of a misdemeanor, and
shall suffer imprisonment in the county jail or work-house in the county
where such conviction shall be had, for a term of not more than three
months, or shall pay a fine not to exceed five hundred dollars at the dis-
cretion of the court, and any person who shall willfully, by connivance
with the clerk, operator, messenger or other employee, or any telegraph
company, or otherwise willfully and wrongfully obtain, or attempt to
obtain any knowledge of any telegraph message or dispatch communi-
cation, while the same shall be in course of transmission, without first
having the assent and authority of some person having the right to give
such assent and authority, shall be deemed guilty of a misdemeanor,
and shall upon conviction be punished by a fine of not more than one
thousand dollars, or imprisonment for not more than three months, or by
both fine and imprisonment."

Change number of section two of the engrossed bill to section three.

Add to the title the words “and to amend an act passed April 11, 1850, entitled 'An act to amend an act entitled 'An act to provide for the incorporation and regulation of telegraph companies,' passed April 12, 1848."

Mr. E. Cornell moved that the Senate concur in said amendments.

The President then put the question whether the Senate would agree
to said motion to concur, and it was decided in the aftirmative, a ma-
jority of all the members elected to the Senate voting in favor thereof,
as follows:

FOR THE AFFIRMATIVE.
Barnett
Crowley
Kline
Parsons

Sutherland
Campbell Folger

Low
Pierson

White
Collins
Gibson
T. Murphy Platt

Williams'
E. Cornell Godard

O'Donnell Stanford Wolcott 20
Ordered, That the Clerk return said bill to the Assembly, with a mes-
sage informing that the Senate have concurred in their amendments.

The Assembly returned the bill entitled "An act to prevent animals from running at large in the public highways,' passed April 23, 1862, and to create a short bar to actions arising under said act,” with a message that they had passed the same, with the following amendments:

Section 7, line 5, engrossed bill, strike out the word “or” and insert
the word "and."

Add to section 9 the words: “but shall not affect actions now pend-
ing."
Mr. Gibson moved that the Senate concur in said amendments.

The President put the question whether the Senate would agree to
said motion to concur, and it was decided in the affirmative, a majority
of all the members elected to the Senate voting in favor thereof, and
three-fifths of said members being present, as follows:

.

Andrews
Barnett
Campbell
Collins

E. Cornell
Crowley
Gibson
Godard

FOR THE AFFIRMATIVE,

Humphrey Pierson
Kline

Platt
Low

Sutherland
Parsons

White

Wilbor
Williams
Wolcott

19

FOR THE NEGATIVE.

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Folger

O'Donnell
Ordered, That the Clerk return said bill to the Assembly, with a mes-
sage informing that the Senate have concurred in their amendments.

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A message from the Assembly was received and read, in the words following:

The Governor having returned the Assembly bill entitled "An act to amend an act entitled "An act to reorganize the State Asylum for Idiots, and to provide for the government of the same,' passed April 12, 1862," and the vote upon the final passage of the same baving been reconsidered, on motion of Mr. D. P. Wood and by unanimous consent, the rules were suspended and said bill amended by striking out the words “ of the same," on line 3, printed bill, and inserting in lieu thereof the words "and management thereof." Also, title amended by striking out the words of the same” and inserting and management thereof."

The President put the question whether the Senate would agree to reconsider the vote on the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

FOR THE AFFIRMATIVE.
Barnett Crowley Kline

Parsons White
Bennett
Folger
Low
Platt

Wilbor
Campbell Gibson

T. Murphy Stanford Williams
Collins
Godard

O'Donnell Sutherland Wolcott
E. Cornell Humphrey

Said bill, as amended, was again read a 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 members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

FOR THE AFFIRMATIVE. Barnett Crowley Low

Pierson

White
Bennett
Folger
T. Murphy Platt

Wilbor
Campbell Godard

O'Donnell Stanford Williams
Collins
Humphrey Parsons

Sutherland Wolcott
E. Cornell Kline

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in the passage of the same, as amended.

The Assembly returned the bill entitled "An act extending the powers and duties of the commissioners of the Central Park," with a message that they bad passed the same, with the following amendments:

Page one, line sixteen, after the word "wier,” insert the words " and also within a space three hundred and fifty feet in width surrounding the Central Park." Line seventeen, after the word "line," insert the words "and the grades thereof." Add at the end of section one, same page, the following: “But each new pier and bulkhead lines, and the grade thereof shall not be deemed finally established until they have been approved by the Legislature."

Section three, after the word “plans," insert the words "excepting the piers and bulkhead line, and the grade thereof." Şame section, page three, line five, after the word “therefor,” strike out the words " and pier and bulkhead lines." Line eleven, strike out the same words after the word "places.” Line thirteen, after the word “ceded," insert the words “and as shall be abandoned or closed under the provisions of this act.” Line seventeen, after the words “public use," insert the following: "But subject, however, to any existing right of the mayor or aldermen and commonalty of the city of New York to maintain and keep in order

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any sewer, Croton water aqueduct or pipe, or the appurtenances thereof that may have been constructed in any street, avenue or road so closed. All damage to any land, or to any building or other structure thereon existing at the time of the passage of this act, or any street, avenue or road laid out on the map of the city of New York, within the district specified in the first section of this act, by reason of closing such street, or altering the grade thereof, shall be ascertained, and paid in the manner specified in sections three and four of an act entitled 'An act to make permanent the grade of the streets and avenues in the city of New York, passed March 14, 1852.'”

Section four, line three, after the word "places," strike out the words "and bulkhead and pier lines.” Line five, after the word “therefore,'' insert the words " except those laid out under the authority of this act.” Same section, page four, line five, strike out the words " and of pier and bulkhead lines.” Line nine, strike out the words “and pier and bulk. head lines.

Page five, line one, strike out the word "may,” and insert the word "shall," and after the word "purpose" in same line, insert the words "within two years from the time of filing the map thereof as provided in the second section of this act." Third line from the bottom of same page, after the word "place,” insert the words “and all others."

Page six, at end of sixth section, insert the following: "Nothing in this act shall be construed to authorize the commissioners of the Central Park to do any work in the matter of regulating, grading, paving, bewering, or curb and guttering any of the streets, avenues or roads within the district mentioned in the first section of this act, which any of the departments of the government of the city of New York are now authorized by law to do, but said departments shall upon the requisition of said commissioners proceed forth with to do such work and make such improvements within the district aforesaid as properly come under their respective powers as shall be required by the said commissioners, upon the plan and in the manner specified by the said commissioners, except that any services within the district shall be constructed on the plan provided therefor by the Croton Aqueduct board, and nothing in this act shall affect existing ordinances or regulations concerning hackney coaches."

Section eight, line six, after the word “any," insert the word "services.” Line seven, after the word "contract,” insert the word “ ceeding." After the words “particular work,” insert the words "or proceeding."

Section ten, line four, strike out all after the words "pier lines,” down to and including the word “grades,” in line five. At end of same section, strike out the words "sixty-nine," and insert the words "seventytwo."

The President put the question whether the Senate would agree to to concur in the amendments of the Assembly to said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

FOR THE AFFIRMATIVE. Andrews C. G. Cornell Godard

Low

Seggions
Barnett
E. Cornell Kline

pro

Parsons

Sutherland
Campbell Crowlby

La Bau
Pierson

White
Chambers Folger

Lent
Platt

Wilbor
Collins

21 Ordered, That the Clerk return said bill to the Assembly, with a mesbage informing that the Senate have concurred in their amendments,

PEL

Mr. Barnett moved that a respectful message be sent to the Assembly requesting a return of the Assembly bill entitled "An act providing for the supplying of vacancies in the office of supervisors."

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

On motion of Mr. Folger, and by unanimous consent, the rules were suspended, and the Assembly bill entitled “An act to provide for the appointment of a board of commissioners of public charities, and defining their duties and powers," was recommitted to the committee on the judiciary, with power to report complete.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled “An act to amend an act entitled 'An act to simplify and abridge the practice, pleadings and proceedings of the courts of this State, known as the Code of Procedure," with power to report complete, reported the same complete, which report was agreed to and said bill ordered engrossed for a third reading.

Mr. Folger, from the committee on the judiciary, to wbich was referred the bill entitled "An act to legalize and confirm the sale and conveyance of all the right, title and interest of the Saugerties and Woodstock Turnpike Road Company, by the sheriff of the county of Ulster, to George W. Snyder,” reported in favor of the passage of the same, with amendments.

Ön motion of Mr. Chambers and by unanimous consent, the rule was suspended, and said bill recommitted to the committee, with power to report complete.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled “An act to provide for draining certain swamp and bog lands on the Maway creek, in the town of Ramapo, Rockland county," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled “An act to authorize the Wilksbarre Coal and Iron Company to purchase and hold in this State such real estate as they may require for depot purposes," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to enable companies or corporations organized under any general law to extend the term of their existence," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to legalize the official acts of John J. Canady, a justice of the peace of the county of Albany," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act in relation to the appointment of two stenographers and an interpreter in the Marine Court of the city of New York," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to release the interest of the State of New York in certain real estate to Michael Heoran, and to enable him to hold and dispose of the same," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Folger, from the committee on the judiciary, to which was referred

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the Assembly bill entitled "An act to incorporate the Operative Plasterers’ Mutual Protective Benevolent Trade Society of the city of New York," reported in favor of the passage of the same, with amendments.

On motion of Mr. C. G. Cornell and by unanimous consent, the rule was suspended, and said bill recommitted to the committee, with power to report complete.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to incorporate the Hamilton Protection Society of the town of Hamilton, Madison county," reported in favor of the passage of the same.

On motion of Mr. Barnett and by unanimous consent, the rule was suspended, and said bill recommitted to the committee, with power to report complete.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bili entitled "An act to incorporate the Mutual Life Deposit Company of the city of New York,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to incorporate the United States Safe Deposit Company of the city of New York,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

On motion of Mr. O'Donnell and by unanimous consent, the rules were suspended, and the Assembly bill entitled “An act to prevent obstructions in Indian river, Jefferson county," was recommitted to the committee on commerce and navigation, with power to report complete.

Mr. Lent, from the committee ou municipal 'affairs, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act to amend an act entitled 'An act in relation to the Croton Aqueduct in the city of New York, and certain streets in said city,' passed April 27, 1865, and to provide for the full execution thereof,' passed April 17, 1866,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. White, from the committee on literature, to which was referred the Assembly bill entitled "An act to amend the several acts relating to common or free schools in the village of Cohoes,” with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

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 enable husband and wife, or either of them, to be witnesses for or against each other, or on behalf of any party, in certain cases."

Assembly, “An act to define and amend 'An act in relation to abandoned canals,' passed April 6, 1857."

Assembly, "An act for the relief of the Albany Burgesses Corps."

After some time spent therein, the President resumed the chair, and Mr. Bennett, from said committee, reported that they have made some amendments to the first named bill, by substituting the Assembly bill of same title therefor, and as amended, recommend its passage; which report was agreed to and said bill ordered to a third reading.

Mr. Bennett, from the same committee, reported in favor of the pasbage of the two last named bills, without amendment, which report was agreed to and said bills ordered to a third reading. The Senate again resolved itself into a committee of the whole, and (SENATE JOURNAL.]

126

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