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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 Crowley

Kline
Nicks

Sutherland
Barnett Folger

La Bau

O'Donnell White
Bennett
Gibson
Lent
Sessions

Wolcott
Campbell Godard

Low

Stapford Wood
Collins
Humphrey

22 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

The Assembly bill entitled "An act to amend chapter 136, Laws of 1857, in relation to savings banks," having been announced for a third reading

On motion of Mr. Lent and by unanimous consent, said bill was amended by adding the following, as section three:

$ 3. Section 5th of chapter 257 of the Laws of 1853, is hereby amended by striking out the following words : “nor a larger amount than three million of dollars in the aggregate amount of deposits, exclusive of its banking-house."

Also, to amend the title so as to read: "An act to amend chapter 136, Laws of 1857, and chapter 257 of the Laws of 1853, in relation to eavings banks.”

Said bill, as amended, 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:

FOR THE AFFIRMATIVE.
Andrews Collins

La Bau
Nicks

Sutherland
Barnett
Gibson
Lent

O'Donnell Wilbor
Bennett Godard

Low

Sessions Wolcott Campbell Humphrey T. Murphy Stanford Wood Chambers 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, with amendments.

The bill entitled "An act to facilitate the construction of the New York and Oswego Midland Railroad, and to exempt from taxation towns and city bonds used in the construction thereof," having been announced for a third reading,

On motion of Mr. Low and by unanimous consent, said bill was amended by adding after the word "county" in the 10th line of section 1, the words: "such term not to exceed in any case ten years.”

Said bill, as amended, 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 negative, a majority of all the members elected to the Senate not voting in favor thereof, as follows:

FOR THE AFFIRMATIVE.
Andrews Chambers Lent

T. Murphy Stanford
Barnett
Godard
Low
Platt

Wolcott
Bennett
Kline
H. C. Murphy Sessions Wood

15

22

Campbell
Collins

Crowley
Folger

FOR THE NEGATIVE.
Humphrey Nicks
La Bau

Pierson

White
Wilbor

10

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Mr. Low moved to reconsider the vote just taken, and that that motion be laid upon 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.

Mr. Lent moved that the bill entitled "An act to provide for refunding to various banks and insurance companies in the city of New York, the taxes of the years 1861 and 1862, imposed and paid or collected upon that portion of their capital invested in securities of the United States, by law exempt from taxation," be recommitted to the committee on the judiciary.

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

Mr. Pierson moved that the bill entitled "An act to create a Metropolitan Harbor district, and a board of wharves and piers therein," be recommitted to the select committee, and retain its place on general orders.

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.

After some time spent therein, the hour of 12 o'clock having arrived, the President resumed the chair, and the Senate went into executive session-after which, the doors were opened and legislative business resumed.

The Senate again resolved itself into a committee of the whole, and resumed the consideration of general orders, pending at the time of going into executive session, being the bills entitled as follows:

An act to incorporate · The Samaritan Home for the aged of the city of New York.'"

"An act to provide for repaying to various brnks, banking associations, corporations and individuals, taxes unlawfully assessed in the year 1865, and collected from such banks, banking associations, corporations and individuals, in the county of Ulster."

"An act to incorporate the New York Underwriters' Guild."

After some time spent therein, the President resumed the chair, and Mr. Collins, from said committee, reported in favor of the passage of the two first named bills, without amendment, which report was agreed to and said bills ordered engrossed for a third reading.

Mr. Collins, from the same committee, reported in favor of the passage of the last named bill, without amendment, which report was agreed to and said bill ordered engrossed for a third reading

The Senate again resolved itself into a comunittee of the whole, and proceeded to the consideration of general orders, being the bill entitled as follows:

An act to amend an act entitled 'An act in relation to taxes and assessments in the city of New York, and to amend the several acts in relation thereto,' passed April 14, 1859."

After some time spent therein, the President resumed the chair, and Mr. Crowley, froin said committee, reported in favor of the passage of said bill, without amendment.

The President put the question whether the Senate would agree to the report of the committee of the whole on said bill, and it was decided in the affirmative, as follows:

FOR THE AFFIRMATIVE.
Andrews Campbell Humphrey T. Murphy Platt
Barnett
Collins

Nicks

White
Bennett
Godard
Low
Pierson

Wilbor 15

Lent

FOR THE NEGATIVE. Chambers Gibson

H. C. Murphy Sutherland Wolcott
E. Cornell Kline

O'Donnell Williams Wood
Folger
La Bau
Stanford

13
Ordered, That said bill be engrossed for a third reading.
The Assembly sent for concurrence the bills entitled as follows:
'An act authorizing and directing the common council of the city of Buf-
falo to pay to Jeremiah Mahony, street commissioner of said city, cer-
tain amounts for livery and horse keeping during the years 1866 and
1867," 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 increase the salary of Gregory Ritt, one of the assessors of the city of Buffalo," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on municipal affairs.

The Assembly returned the following entitled bill, with a message that they had concurred in the passage of the same, without amendment, to wit:

"An act to change the name of Henry Leslie Pell to Leslie Pell Clarke.”
Ordered, That the Clerk deliver said bill to the Governor.
On motion of Mr. Lent, the Senate adjourned.

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THURSDAY, FEBRUARY 7, 1867.

The Senate met pursuant to adjournment. No clergyman present. The journal of yesterday was read and approved. Mr. La Bau presented a petion of S. B. Wood and other inhabitants of Richmond county, for a change in the boundaries of the town of Southfield, Richmond county, which was read and referred to the committee on the erection and division of towns and counties.

Mr. Gibson presented the petition of Charles H. Adams, for canal damages, which was read and referred to the committee on claims.

Also, a petition of land owners of New Scotland, Albany county, for relief from involuntary servitude, which was read and referred to the committee on the judiciary.

Mr. Stanford presented a petition of inhabitants of the town of Roxbury, Delaware county, for an appropriation to tunnel River Hill, which was read and referred to the committee on finance.

Mr. T. Murphy presented a petition of managers of the Society for the Protection of Destitute Roman Catholic Children, in the city of New York, for relief, which was read and referred to the committee on finance.

Mr. Crowley presented a petition of David Terrell and others, of the town of Royalton, Niagara county, for the passage of a law draining low lands in said town, which was read and referred to the committee on

Mr. Bennett presented three petitions for increased facilities for the transaction of business through canals, railroads and rivers of this State, which were read and referred to the committee on canals. Mr. Pierson presented a petition of citizens of Brooklyn, for improve[SENATE JOURNAL.]

22

the judiciary.

ment of Clinton street of Brooklyn, which was read and referred to the committee on municipal affairs.

Mr. Lent presented a petition of David Dows & Co., J. H. Herrick & Co., Jesse Hoyt & Co. and others, for the enactment of a law to suppress the gambling hells of the city of New York, which was read and referred to the committee on the judiciary.

The President presented a memorial of Farmers' Club of American Institute, New York, for appointment of inspector of flour, which was read and referred to the committee on the judiciary.

Mr. T. Murphy presented a petition of citizens of New York, for the opening of Madison avenue, in the city of New York, from its present termination to One Hundred and Twentieth street, which was read and referred to the committee on municipal affairs.

Mr. Andrews, from the committee on municipal affairs, to which was referred the bill entitled "An act to incorporate the Rochester Hydaulic Company,” reported and asked to be discharged from the further consideration of the same, and that it be referred to the committee on the judiciary, which report was agreed to.

Mr. Barnett, from the committee on charitable and religious societies, to which was referred the bill entitled “An act to amend an act entitled 'An act to incorporate the Young Men's Christian Association 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. Collins, from the committee on canals, to which was referred the Assembly bill entitled "An act making appropriations for the payment of the principal and interest of the canal debt, commencing on the 1st day of October, 1867, and to provide for the payment of the debt contracted under section ten of article seven of the constitution," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Collins, from the committee on canals, to which was referred the Assembly bill entitled "An act making an appropriation to pay the expenses of the collection of tolls, superintendence, ordinary repairs and maintenance of the canals, for the fiscal year commencing on the 1st day of October, 1867," 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 bill entitled "An act to provide for the existing deficiency in moneys applicable to the support of common schools in the city of Brooklyn," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Sessions, from the committee on finance, to which was referred the bill entitled "An act to facilitate the construction of the Whitehall and Plattsburg railroad," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Low, from the committee on railroads, to which was referred the bill entitled “An act to incorporate the Astoria and Hunter's Poi railroads," 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 so much of the Governor's message as relates to the holding of a convention to revise and amend the constitution, reported that the committee have had the same under consideration, and a majority have directed their chairman to report by bill entitled "An act to provide for a convention to revise and amend the constitution,” which was read the first

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time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Pierson, from the committee on municipal affairs, to which was recommitted the bill entitled “An act authorizing the repairing and improving of Clinton street from Fulton strett to Second Place, in the city of Brooklyn, and for the assessment and collection of the cost thereof,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Pierson, from the committee on commerce and navigation, to which was referred the bill entitled "An act to continue the improvement of the Hudson river, and make an appropriation therefor, and to continue in office the commissioners appointed by an act passed April 13, 1863, for the expenditure of the same," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. La Bau, from the committee on engrossed bills, reported as correctly engrossed the bills entitled as follows:

"An act to amend an act entitled 'An act in relation to taxes and assessments in the city of New York, and to amend the several acts in relation thereto,' passed April 14, 1859."

"An act to provide for repaying to various banks, banking associations, corporations and individuals, taxes unlawfully assessed in the year 1865, and collected from such banks, banking associations, corporations and individuals, in the county of Ulster."

“An act to incorporate ‘The Samaritan Home for the aged of the city of New York.'"

The Assembly returned the concurrent resolution for appointment of joint committee to investigate and inquire into the management of the canals of this state, with a message that they had passed the same, with the following amendments:

In the 7th line thereof, strike out the word “or” and insert" and of."
In line 8, strike out the word “or” and insert “and.”
In lines 13 and 14, strike out the words " for the past three years.”

Mr. Stanford moved that the Senate concur in said amendments, with the further amendment as follows:

Strike out the word "officials,” and insert “persons now or heretofore officially."

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

Ordered, That the Clerk return said resolution to the Assembly, with a message that they have concurred in their amendments, with further amendment thereto, and request their concurrence therein.

The Assembly sent for concurrence the bills entitled as follows:

"An act to incorporate the German Tailor Benevolent Society of Brooklyn, E. D," 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 incorporate the Clinton Engine Fire Company No. 1, of the village of Hobart, in the town of Stamford, and county of Delaware,which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns and counties.

"An act for the further protection of female employees 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 judiciary.

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