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rate the Saint Agnes Cemetery," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

On motion of Mr. Collins, and by unanimous consent, the rule was suspended, and said bill 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:

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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 returned the bill entitled "An act to provide means for the construction of a court house, clerk's office and jail, at Little Valley, in the county of Cattaraugus, and to legalize certain bonds and obligations heretofore issued and executed to aid in the construction thereof," with a message that they had passed the same, with the following amendment:

Strike out section three and change numbers of remaining sections to correspond.

The President put the question whether the Senate would agree to concur in the amendment 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-fifth of said members being present, as follows:

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Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendment.

The Assembly returned the bill entitled "An act to authorize the city of Brooklyn to borrow money upon certificates of indebtedness for the purchase of school sites and the building of school houses," with a message that they have passed the same, with the following amendments:

Section 1, line 5, strike out "two" and insert "four." Same line, after "dollars" insert "ninety thousand dollars of which shall be." Strike out all after "sixty-eight" in the seventh line, down to and including "sixty-nine," in nirth line, and insert as follows: "the further sum of ninety thousand dollars shall be payable on the first day of January, 1869; the further sum of ninety thousand dollars shall be payable on the first day of January, 1870; the further sum of ninety thousand dollars shall be payable on the first day of January, 1871, and the further sum of ninety thousand dollars shall be payable on the first day of January, 1872."

Add at the end of section 2 the following: "And there shall be added to the general tax of the city of Brooklyn at large, in the year 1869, and levied and collected therein, a sufficient sum for the payment of the

principal and interest of the certificates of indebtedness issued as aforesaid, falling due on the first day of January, 1870; and there shall be added to the general tax of the city of Brooklyn at large, in the year 1870, and levied and collected therein, a sufficient sum for the payment of the principal and interest of the certificates of indebtedness as aforesaid falling due on the first day of January, 1871; and there shall be added to the general tax of the city of Brooklyn at large, in the year 1871, and levied and collected therein, a sufficient sum for the payment of the principal and interest of the certificates of indebtedness falling due on the first day of January, 1872."

The President put the question whether the Senate would agree 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:

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Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendments. The Assembly returned the bill entitled "An act to aid the Elmira Female College," with a message that they had concurred in the passage of the same, with the following amendments:

Amend by substituting the following for the 1st, 2d and 3d sections: Section 1. Whenever within two years after the passage of this act, the trustees or the Elmira Female College shall have raised by subscription, and in no way from their corporate property, the sum of $25,000, and shall have paid the same into the State Treasury, and shall have filed a certificate of the Regents of the University to the effect that the said college is in all respects properly and effectually maintained by the said trustees as a college for the education of young women, with suitable number of professors and teachers and a suitable library, cabinet of natural history, a philosophical and chemical apparatus, and that the terms of tuition and board are reasonable, having in view the aid herein given to the institution by the State, and shall have complied with the other conditions of this act, the Treasurer or Comptroller, or on the warrant of the Comptroller, the said sum of $25,000 so paid into the treasury by said trustees, together with the further sum of $25,000 from the General Fund of the State, which said two sums of $25,000 each, shall constitute a fund to be entitled the Elmira Female College Educational Fund, of $50,000, and shall be invested by the Comptroller in bonds of this State or of the United States, which shall pay interest at the rate of at least 7 per cent. per annum, which bonds shall be held by the Comptroller in trust for the benefit of said college, and the interest thereon shall be collected by said Comptroller and paid over to the trustees of said college as the same shall from time to time be collected (without being paid into the State Treasury,) to aid in the support of said college and in the maintenance of the proper course of instructions therein.

§ 2. The said sum of $25,000 to be paid into said treasury by the said trustees as aforesaid, when so paid into the treasury, together with the said sum of $25,000, to be paid from the General Fund of the State as aforesaid, are bereby appropriated for the objects specified in this act. § 3. On consideration of the aid hereby furnished to said college, the

said college shall from and after the passage of this act, furnish gratuitous instruction in said college to such worthy and deserving young ladies resident of this State who may be in indigent circumstances, (and not exceeding twelve in number in any one year,) subject to such reasonable rules and regulations as the board of trustees of said college may from time to time deem it expedient to adopt from the rules and regulations of said college.

Mr. Nicks 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:

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

Mr. Barnett moved to take from the table the amendments of the Assembly to the bill entitled "An act to secure the navigation of Oneida Lake canal, and to provide for the expense thereof."

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

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The question being on concurring in the amendments of the Assembly to said entitled bill,

Mr. Low moved to lay the same on the table.

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

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Mr. Gibson moved to concur, with the further following amendment: "Provided, however, that this act shall not be of any force unless the Constitutional Convention shall so direct."

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

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The President then put the question whether the Senate would agree to concur in the amendments of the Assembly to said bill, and it was decided in the negative, a majority of all the members elected to the Senate not voting in favor thereof, as follows:

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Mr. Barnett moved to reconsider the vote just taken, and that that motion be laid on the table.

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

The Assembly returned the bill entitled "An act to provide the means by tax and to make an appropriation to pay certain awards made by the Canal Appraisers and the Canal Board, and to pay the expenses of sundry improvements upon the canals not chargeable to ordinary repairs," with a message that they had non-concurred in the amendments of the Senate thereto, and had appointed a committee of conference, consisting of Messrs. Littlejohn, Burrows, D. P. Wood, A. I. Wood and Robertson, on the part of the Assembly, and request a like committee on the part of the Senate.

Mr. Sessions moved that a conference committee be appointed on the part of the Senate.

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

Messrs. Sessions, Collins and Humphrey, were appointed such committee.

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have consented to a committee of confer

ence.

Mr. Humphrey, from the committee on railroads, to which was recommitted the bill entitled "An act to authorize the construction of an underground railway in the city of New York," reported that they have made some amendments thereto, and amended the title by adding thereto the words "and to provide facilities for transit during the construction thereof by the construction and temporary use of a railroad track in certain streets and avenues of said city," and as amended, recommend its passage; said bill was committed to the committee of the whole. Mr. Low stated his dissent therefrom.

Mr. Humphrey, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act for a free bridge over the Mohawk river at St. Johnsville," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

The Assembly returned the bill entitled "An act to incorporate the American Dividend and Transfer Company," with a message that they had concurred in the passage of the same, with the following amend

mont:

Add at the end of section three: "but nothing in this act shall be construed to permit the transaction of banking or discount business."

The President put the question whether the Senate would agree to concur in the amendment 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, as follows:

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Ordered, That the Clerk return said bill to the Assembly, with a mes sage informing that the Senate have concurred in their amendment.

Mr. Lent, from the committee on municipal affairs, to which was referred the Assembly bill entitled "An act to enable the board of supervisors of the county of New York to raise money by tax for the use of the corporation of the city of New York, and in relation to the expenditure thereof, and to provide for the auditing and payment of unsettled claims against said city," reported that they have made some amendments thereto, and amended the title by adding thereto: "and in relation to actions at law against said corporation," and as amended, recommend its passage; said bill was committed to the committee of the whole.

Mr. Kline, from the committee on banks, to which was referred the Assembly bill entitled "An act to incorporate the Saratoga Savings Bank," reported in favor of the passage of the same.

On motion of Mr. Kline 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 amend section 1, article 1, title 19, chapter 20, part 1 of the Revised Statutes, relative to regulations concerning brokers," reported adversely thereto.

Mr. Folger moved to lay said report on the table.

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

The Assembly sent for concurrence the bills entitled as follows:

"An act to amend the charter of the village of Seneca Falls, Seneca county," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on municipal affairs.

"An act to amend an act entitled 'An act to incorporate the Turnverien of the city of Brooklyn, eastern district,' passed April 16th, 1858," 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 amend an act entitled 'An act revising the charter of the city of Oswego,' passed April 16, 1860," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on municipal affairs.

"An act to construct a railroad from Hudson River Railroad at Spuyten Devil to the East river at Port Morris," 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 incorporate the American Trade Company," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

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