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

Mr. O'Donnell moved that the bill entitled "An act to prevent the further collection of the tax for the introduction of gas in Richmond county, and to refund the same," be recommitted to the committee on internal affairs of towns and counties, and retain its place on general orders.

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

Mr. Wolcott offered the following resolution:

Resolved, That Geo. E. Williams be, and he is hereby admitted to the privileges of a reporter of this Senate for the Fulton Patriot.

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

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of the special order, being the bill entitled as follows:

"An act to provide for a Convention to revise and amend the Constitution."

After some time spent therein, the President resumed the chair, and Mr. Godard, from said committee, reported progress on said bill, and asked and obtained leave to sit again.

Mr. Low moved that said bill be made the special order for Tuesday, February 27th, immediately after the reading of the journal.

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 Senators present voting in favor thereof.

Mr. O'Donnell moved that the bill entitled "An act to incorporate the White Plains Waterworks Company,” be recommitted to the committee on internal affairs of towns and counties, 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 again resolved itself into a committee of the whole, and proceeded to the consideration of the special orders, being the Assembly bill entitled as follows:

“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."

After some time spent therein, the President resumed the chair, and Mr. Sessions, from said committee, reported in favor of the passage of said bill, with amendments.

Mr. Humphrey moved that said bill be now read a third time. 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

present voting in favor thereof. Said bill was then 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:

a

Senators

Bennett
Campbell
Collins
C.G. Cornell
E. Cornell

Crowley
Folger
Gibson
Humphrey
Kline

FOR THE AFFIRMATIVE.
Low

Parsons
T. Murphy Pierson
Nicks

Platt
O'Donnell Sessions

Sutherland
White
Wolcott
Wood

22

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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, with amendments.

The President presented a communication from the Canal Board, in reply to a resolution of the Senate of the 8th instant, relative to the survey of the Hudson river from Troy to Fort Edward; which was laid on the table and ordered printed.

(See Doc. No. 37.) Mr. Gibson offered the following resolution:

Resolved, That 1,500 extra copies of the report of the State Engineer and Surveyor on the enlargement of the Champlain canal and the improvement of the Hudson river from Troy to Fort Edward, with the documents accompanying the same, be printed for the use of the Senate.

Ordered, That said resolution be referred to the committee on public printing

Mr. Lent, from the committee on municipal affairs, to which was referred the bill entitled "An act to amend the charter of the village of Johnstown and the several acts amendatory thereof, and to extend the boundary of said village,” with power to report complete, reported the same complete, with amendments, which report was agreed to and said bill ordered engrossed for a third reading.

Mr. Wolcott moved that the Assembly bill entitled "An act in relation to a stenographic reporter for the Circuit Courts, Courts of Oyer and Terminer and special terms of the Fifth Judicial District,” be now considered in 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 Senators present voting in favor thereof.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of said entitled bill.

After some time spent therein, the President resumed the chair, and Mr. Nicks, from said committee, reported in favor of the passage of said bill, without amendment, which report was agreed to and said bill ordered to a third reading.

Mr. Wolcott moved that said bill be read a third time.

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 Senators present voting in favor thereof.

Said bill was then 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
E. Cornell Lent

Parsons

White
Bennett
Crowley
T. Murphy Pierson

Williams
Campbell Folger

Nicks

Sessions Wolcott
Chambers Gibson

O'Donnell Sutherland Wood
Collins
Kline

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

"An act to authorize the construction of a railroad in Christopher street, and other streets and avenues in the city of New York."

After some time spent therein, the President resumed the chair, and Mr. C. G. Cornell, from said committee, reported progress on said bill, and asked and obtained leave to sit again.

The Assembly returned the following entitled bills, with a message that they had concurred in the amendments of the Senate thereto:

"An act to repeal an act entitled 'An act to authorize the rector, church wardens and vestrymen of the Church of the Intercession, in the county and city of New York, to take and hold real estate by devise, and to fix the value of real and personal estate to be held by said corporation,' passed April 16, 1864."

"An act to amend the act entitled 'An act to authorize the formation of railroad corporations, and to regulate the same,' passed April 2, 1850."

Ordered, That the Clerk return said bills to the Assembly.
The Assembly returned the bill entitled as follows:

"An act to amend an act entitled 'An act to amend an act entitled 'An act to constitute the village of Lowville, in the county of Lewis, a separate road district,' passed March 28, 1862, and to amend the charter of said village,' passed March 26, 1866.'

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

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

"An act to amend an act entitled 'An act to incorporate the city of Elmira,' passed April 7th, 1864, and the act amendatory thereof."

"An act to appropriate money for the purchase of objects of natural history for the State Cabinet."

Ordered, That the Clerk deliver said bills to the Governor.
On motion of Mr. Sutherland, the Senate adjourned.

MONDAY, FEBRUARY 25, 1867–7) O'CLOCK, P. M.

The Senate met pursuant to adjournment.
Prayer by Rev. Mr. Ludlow.
The journal of Friday, February 15th, was read and approved.

Mr. Kline asked and obtained leave to have his name recorded as voting in favor of the passage of the bill entitled "An act to facilitate the construction of the Whitehall and Plattsburgh Railroad.”

Mr. Gibson presented a petition of citizens of Northern New York, for use of more canal piers in New York city; which was read and referred to the committee on commerce and navigation.

Messrs. Sutherland and La Bau presented petitions in favor of granting to the Metropolitan Transit Company the right to construct their proposed railways; which were read and referred to the committee on railroads.

Mr. Parsons presented a petition of citizens of Monroe county, for increased facilities in New York city for the reception of the commerce of the canals, and asking that the district known as the Canal district be made to include all the slips and piers between the east side of pier 2 and the west side of pier 11, East river; which was read and referred to the committee on commerce and navigation.

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Also, a petition of Henry S. Potter, in relation to plank and turnpike roads; which was read and referred to the committee on roads and bridges.

Also, a petition of Mrs. L. H. Johnson and ladies of Clarkson, Monroe county, for the building of a Female House of Refuge for Girls on the State lands in the city of Rochester; which was read and referred to the committee on finance.

Mr. Campbell presented a remonstrance of citizens of Rome, against the bill to amend the charter of said village; which was read and referred to the committee on municipal affairs.

Mr. Folger presented a petition of directors of the Waterloo and Fayette Plankroad Company, in relation to tolls on said road; which was read and referred to the committee on roads and bridges.

Mr. Low presented a petition of citizens of Orange county, to facilitate the construction of the Montgomery and Erie Railroad; which was read and referred to the committee on railroads.

Mr. Parsons moved to reconsider the vote upon the passage of the Assembly bill entitled "An act to fix the number of aldermen in the city of Rochester," 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. Campbell moved to take from the table the Assembly bill entitled "An act to amend an act entitled 'An act to revise, amend and consolidate the several acts relating to the charter of the village of Rome,' passed April 5, 1853,” and that the same be recommitted to the committee on municipal affairs.

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

Mr. Chambers gave notice that he would, at an early day, ask leave to introduce a bill to increase the salary of police justices of Ulster county.

Mr. Parsons gave notice that he would, at an early day, ask leave to introduce a bill authorizing the Managers of the Western House of Refuge to build on the State property a new building, to be called the Female House of Refuge of Rochester, for Girls.

Mr. Folger gave notice that he would, at an early day, ask leave to introduce a bill to amend the laws in relation to the assessment of taxes, so far as the review of the assessment roll by the assessors is concerned.

Mr. La Bau gave notice that he would, at an early day, ask leave to introduce a bill to authorize the town of Hempstead, Queens county, to sell their common lands.

Mr. Parsons gave notice that he would, at an early day, ask leave to introduce a bill in relation to plank-roads and turnpike-roads.

Mr. Gibson gave notice that he would, at an early day, ask leave to introduce a bill to amend the act incorporating Union village, in the county of Washington.

Mr. Low gave notice that he would, at an early day, ask leave to introduce a bill to build a bridge over the Delaware river, at Equinunk, Delaware county.

By unanimous consent, Mr. O'Donnell asked and obtained leave to introduce a bill entitled "An act in relation to boards of supervisors of Lewis county," 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.

By unanimous consedt, Mr. Folger asked and obtained leave to introduce a bill entitled "An act to amend the act entitled 'An act to provide for the incorporation of religious societies,' passed April 5th, 1813," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on charitable and religious societies.

By unanimous consent, Mr. Folger asked and obtained leave to introduce a bill entitled "An act in relation to courts of sessions, and courts of oyer and terminer," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. Kline asked and obtained leave to introduce a bill entitled "An act to amend the charter of the village of Canajoharie," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on municipal affairs.

By unanimous consent, Mr. Kline asked and obtained leave to introduce a bill entitled "An act to authorize Samuel V. Haight to set apart one-half an acre of land for a family cemetery,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. Low asked and obtained leave to introduce a bill entitled "An act to facilitate the construction of the Montgomery and Erie Railroad, and for other purposes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

By unanimous consent, Mr. La Bau asked and obtained leave to introduce a bill entitled "An act to amend chapter 819 of Laws of 1866, entitled 'An act to incorporate the village of New Brighton,'” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on municipal affairs.

On motion of Mr. Sutherland and by unanimous consent, the rule was suspended and the bill entitled "An act to amend an act entitled 'An act to incorporate the village of White Plains, passed April 3, 1866,” was recommitted to the committee on municipal affairs, with power to report complete.

On motion of Mr. Kline and by unanimous consent, the Assembly bill entitled "An act appointing railroad commissioners of the town of Johnstown, and modifying their powers and duties,” was recommitted to the committee on railroads, with power to report complete.

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

"An act to authorize the construction of a railroad in Christopher street, and other streets and avenues in the city of New York.”

After some time spent therein, the President resumed the chair, and Mr. Chambers, from said committee, reported in favor of the passage of the same, without amendment.

The question being upon agreeing to the report of the committee of the whole,

Mr. Gibson renewed the amendment offered in committee of the whole, to amend the second section of said bill by inserting, " that said company shall not be allowed to charge and receive more than four cents fare to each passenger, unless such passenger is furnished with a seat."

The President put the question whether the Senate would agree to said motion to amend, and the vote was as follows:

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