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, with amendments. Mr. Pierson, from the committee on commerce and navigation, to which was referred the Assembly bill entitled "An act to incorporate the Newburgh Bay Ferry Company," with power to report complete, reported the same complete. Mr. Low moved to recommit said bill to the committee on commerce and navigation. The President put the question whether the Senate would agree to said motion to recommit, and it was decided in the affirmative. Mr. Pierson, from the committee on commerce and navigation, to which was referred the Assembly bill entitled "An act for the appointment of a Harbor Master for Hempstead Harbor, in the county of Queens," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading. Mr. La Bau, from the committee on engrossed bills, reported as correctly re-engrossed, the bills entitled as follows: "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." Mr. Gibson, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act in relation to the inspection of steam boilers in the State of New York, except in the Metropolitan Police District," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading. The Assembly bill entitled "An act relative to building or repairing sidewalks in the village of Andes, Delaware county," was 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: 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, without amendment. The Assembly bill entitled "An act for the appointment of a Harbor Master for Hempstead Harbor, county of Queens," was 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 Senators elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows: 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, without amendment. Mr. O'Donnell, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill entitled "An act to provide for the erection of a town clerk's office in the town of Watervliet, in the county of Albany," with power to report complete, reported the same complete, with amendments, which report was agreed to and said bill ordered to a third reading. Said bill by, unanimous consent, was amended by striking out town clerk's office" and inserting "town hall," and as amended, 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: 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, with amendments. Mr. O'Donnell, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill entitled "An act to authorize the lighting of public streets and avenues in the town of West Farms, in the county of Westchester," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading. Mr. O'Donnell, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act for the collection of taxes in the towns of Morrisania and West Farms, in the county of Westchester,' passed April 21, 1862," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading. The Assembly bill entitled "An act in relation to the inspection of steam boilers in the State of New York, except in the Metropolitan Police District," was 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, as follows: 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, without amendment. The Assembly bill entitled "An act to authorize the lighting of public streets and avenues in the town of West Farms, in the county of Westchester," was 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: 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, without amendment. The Assembly bill entitled "An act to amend an act entitled 'An act for the collection of taxes in the towns of Morrisania and West Farms, in the county of Westchester,' passed April 21, 1862," was 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: 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, without amendment. A message from the Assembly was received and read, in the words following: The conference committee appointed by the Senate and Assembly, upon the Assembly amendments to the Senate bill entitled "An act relating to the Metropolitan Board of Health, and to the duties and powers of said board," respectfully report: That they have agreed to recommend that the Senate shall concur to the amendment made by the Assembly to the title of said act. That the Assembly amendment to section six, line nineteen, shall be so amended as to read as follows: "Provided, however, that nothing contained in this act, or in the act entitled 'An act to create a Metropo litan Sanitary district, and board of health therein, for the preservation of life and health, and to prevent the spread of disease,' passed February 26, 1866, herein the act amending said last mentioned act, passed April 19, 1866, shall be construed to confer, or as conferring upon the said board, or its officers or agents, the power or authority to order the removal, tearing down or injury of any of the stalls or stands around Fulton or Washington markets, in the city of New York, which were erected or enlarged to their present size prior to the first day of May, 1866, at any time before the first day of July, 1869; and if at such date the erection of a new market or markets in the place of said market shall have been authorized by law, such power shall not be exercised at any time prior to the first day of May, 1870. But it is hereby expressly declared that the said board shall have and possess full and complete power with reference to the ventilation, drainage and cleanliness of all stands or stalls, and shall have power to order the removal of all stands or stalls which have been erected or enlarged upon any street or sidewalk in said city since said first day of May, 1866, or shall hereafter be so erected, and that the power given to said board over obstructions in the streets or on the sidewalks by existing laws, is hereby expressly re-affirmed, except as herein modified. And the said board are hereby directed to prepare and submit to the next Legislature plans and recommendations for the building of one or two new markets, whichever they shall deem necessary, to replace the Fulton, Washington and West Washington markets in said city." The amendments made by the Assembly at the end of the sixth subdivision of the sixth section, and to the eighth subdivision of the same section, shall be concurred in by the Senate. The amendments to the thirteenth section shall be receded from by the Assembly. The amendment to the fourteenth section shall be amended so that said section shall read as follows: "§ 14. The said board of health may, from time to time, fix and define the form of returns and reports to be made to said board by the coroners of the counties of New York and Kings, in all cases of post-mortem inquests, or viewing of dead bodies held by them or any of them, and the said coroners are hereby required to conform to the directions of said board in the premises. And it shall be. the duty of every coroner, at once and before holding any inquest, upon being called upon to hold an inquest as aforesaid, or notified thereof, to immediately transmit and cause to be delivered to the secretary of said board of health, written notice of the fact of such call for holding an inquest, in which shall be stated every particular then known to said coroner as to said call, the body, the place where it is, and the reported cause of death. If at any time said board, or the secretary, or assistant superintendent, shall deem the protection of the public health to demand, it may (so soon as the coroners' shall have viewed the dead body, and an autopsy thereof shall have been made, provided the coroner shall deem the same necessary,) order immediate burial of any dead body, or if he or it deems that the public health demands an immediate removal of said body from the place of death to another place for inquest, may likewise at any time order said immediate removal, and shall have power to cause said orders to be obeyed and executed." The first amendment to the fifth line of the fifteenth section shall be concurred in by the Senate. The second amendment to the fifth line of the fifteenth section, commencing after the word "dollars," shall be amended so as to read as follows: "The salary of the sanitary superintendent shall be five thousand dollars per annum; of the assistant sanitary superintendent, thirtyfive hundred dollars, and other sanitary inspectors, not less than eighteen hundred dollars nor more than twenty-five hundred dollars; and said board may divide said inspectors into classes, and fix the salaries of [SENATE JOURNAL.] 129 each class within said limits. Said board may appoint such number of assistant sanitary inspectors as they shall deem necessary, and fix their salaries at an amount not exceeding twelve hundred dollars each.” That the amendment added as the twenty-first section shall be receded from by the Assembly. That the amendment added as the twenty-second section shall be concurred in by the Senate. That the amendment changing the number of the remaining sections shall be concurred in by the Senate. GEORGE H. ANDREWS, W. L. SESSIONS, Sen. Com. JOHN V. GRIDLEY, C. M. CRANDALL, CHARLES S. HOYT, Assem. Com. The President put the question whether the Senate would agree to the report of the conference committee, 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: Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have agreed to the report of the conference committee. The Assembly returned the bill entitled "An act to amend chapter 508 of the Laws of 1860, in relation to police, and courts in the city of New York," with a message informing that they had non-concurred in the amendments of the Senate, and ask for a committee of conference. Mr. Folger moved that the Senate do recede from its amendments to said entitled bill. The President put the question whether the Senate would agree to said motion of Mr. Folger, and it was decided in the affirmative, as follows: Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have receded from their amendments. 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,'" was 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: |