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passed April 12, 1853," 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 in relation to the common schools in the city of Utica," 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 'An act in relation to the public schools in the village of Watertown,' passed April 21, 1865," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

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

"An act to release tu Julia Conners, the estate, right, title and interest of the people of the State of New York, of, in and to a certain piece of land, situate in the town of Brighton, and county of Monroe.'

"An act to fix the number necessary to form a quorum of the board of excise in and for the Metropolitan District of the State of New York, excepting and including the county of Westchester."

"An act in relation to the minutes and records of the surrogate's court of Albany county."

"An act to increase the salaries of justices of the justices' court of the city of Albany."

"An act to amend the act to incorporate the Rome Hydraulic Company,' passed April 9, 1855.”

"An act to amend chap. 136, Laws of 1857, in relation to Savings Banks.

Mr. Lent gave notice that he would, at an early day, ask leave to introduce a bill to incorporate the New York City and Long Island Bridge Company, for the purpose of constructing and maintaining a bridge over the East river.

In pursuance of previous notice, Mr. Nicks asked and obtained leave to introduce a bill entitled "An act to authorize the supervisor of the town of Corning to loan money for the purpose of building a bridge over the Chemung river, and to provide for the payment thereof,” 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. Parsons asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to incorporate the Rochester Waterworks Company, passed April 16th, 1852, to increase the capital stock, and authorizing the city of Rochester to aid in the construction of said works, pursuant to section 26 of said act," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Lent asked and obtained leave to introduce a bill entitled "An act to alter the map or plan of the city of New York, by discontinuing so much of Hamilton Square, laid down on the said map or plan, as lies between the Fourth and Fifth avenue and Sixty-sixth and Sixty-eighth streets, in said city,” 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. Lent.asked and obtained leave to introduce a bill entitled "An act to incorporate “The Mott Memorial Medical and Surgical Library of 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 public health and medical societies and colleges.

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By unanimous consent, Mr. O'Donnell asked and obtained leave to introduce a bill entitled “An act to enable the supervisor of the town of Martinsburg, Lewis county, to convey lands, and to enable trustees to hold, sell and convey land for burial purposes, and to improve the same," 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 consent, Mr. Andrews asked and obtained leave to introduce a bill entitled "An act to authorize the trustees of the village of Cooperstown to borrow money for the purpose of purchasing fire engine," 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. Nicks asked and obtained leave to introduce a bill entitled “An act to amend an act entitled 'An act to amend an act to incorporate the city of Elmira,' passed April 17, 1864, and the act amendatory thereof, passed February 17, 1867," which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Nicks 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, and three-fifths of said members being present, as follows:

FOR THE AFFIRMATIVE. Andrews E. Cornell Godard

Nicks

White
Bennett
Crowley Kline

O'Donnell Wilbor
Campbell Folger

La Bau
Parsons

Wolcott
Chambers Gibson

Lent
Pierson

Wood
C. G. Cornell

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

In pursuance of previous notice, Mr. White asked and obtained leave to introduce a bill entitled “An act in relation to the Albany Life Insurance and Annuity Company,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance.

In pursuance of previous notice, Mr. White asked and obtained leave to introduce a bill entitled "An act in relation to the Syracuse, Fayetteville and Manlius Railroad Company,” 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. Godard asked and obtained leave to introduce a bill entitled "An act to legalize the vote of the electors of the village of Malone, in the county of Franklin, to raise money for the purchase of a village clock,” 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 unaniinous consent, Mr. Pierson asked and obtained leave to introduce a bill entitled "An act to authorize the construction and operation of an elevated railway 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 railroads.

By unanimous consent, Mr. Low asked and obtained leave to introduce a bill entitled "An act to repeal section one of chapter 381 of the Laws of 1859, for the relief of the New York State Inebriate Asylum," 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.

In pursuance of previous notice, Mr. Platt asked and obtained leave to introduce a bill entitled "An act to authorize the town of Queensbury, in the county of Warren, to issue bonds to aid in the construction of a railroad from the village of Glen's Falls, to intersect the Saratoga and Whitehall Railroad,” 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. H. C. Murphy asked and obtained leave to introduce a bill entitled "An act to repeal chapter 547 of the Laws of 1866, en titled 'An act to amend chapter 62 of the Laws of 1846, and other acts additional to the same, in relation to brokers,' passed April 13, 1866,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

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

"An act to provide for the erection of a new academy building in the village of Homer, Cortland county, New York.”

"An act to amend the act entitled 'An act to authorize William Beard and others, to erect, construct, build and maintain sea walls or breakwater piers, docks, wharves, bulkheads, piers and warehouses, and a basin for commercial uses in front of their lands in the Twelfth ward of the city of Brooklyn,' passed April 30, 1866."

The bill entitled "An act to provide for the erection of a new academy building in the village of Homer, Cortland county, New York,” 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
E. Cornell Kline

O'Donnell White
Campbell
Folger
Low

Parsons Wilbor
Gibson
H. C. Murphy Pierson

Wolcott
Godard
Nicks
Stanford Wood

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

The bill entitled "An act to amend the act entitled 'An act to authorize William Beard and others, to erect, construct, build and maintain sea walls or breakwater piers, docks, wharves, bulkheads, piers and warehouses, and a basin for commercial uses in front of their lands in the Twelfth ward of the city of Brooklyn,' passed April 30, 1866,” was

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, twothirds of all the members elected to the Senate voting in favor thereof,

Chambers
Collins

read a third time.

as follows:

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

Mr. Andrews moved to take from the table the bill entitled "An act to incorporate the Buffalo City Railway Company."

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.

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, as follows:

FOR THE AFFIRMATIVE.
Andrews E. Cornell La Bau

T. Murphy

Stanford
Bennett
Folger
Lent
Nicks

White
Chambers Godard

Low
Parsons

Wolcott
Collins
Kline
H. C. Murphy Pierson

19

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FOR THE NEGATIVE.

Wood

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Gibson

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

Mr. La Bau moved to take from the table the motion to reconsider the vote on the bill entitled “An act to authorize the construction of a rail. road from Hunter's Point to Flushing."

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.

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

On motion of Mr. T. Murphy and by unanimous consent, said bill was amended, as follows:

Add to section one the following: “Subject to all the provisions of the act passed April 2, 1850, entitled 'An act to authorize the formation of railroad corporations, and to regulate the same, and of the several acts amendatory thereof,' so far as the same are applicable to and not inconsistent with this act."

Add to section two as follows: “And the said tracks shall be so constructed on each side of the central bed of said gravel road, as not to be less than 40 feet apart, and so as not to interfere with the free and unin. terrupted use of said gravel road as fully as the same is now used."

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 E. Cornell La Bau

O'Donnell Wilbor
Campbell Folger

Lent
Parsons

Williams
Chambers Godard

Low
Pierson

Wolcott
Collins

Humphrey T. Murphy Sutherland Wood
CG. Cornell Kline

Nicks
White

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

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 establish a Metropolitan Board of Public Works, and to declare the powers and duties thereof."

After some time spent therein, the President resumed the chair, and Mr. O'Donnell

, from said committee, reported that they have struck out the enacting clause thereof.

Mr. Low moved that the Senate disagree with the report of the committee of the whole, and that said bill be recommitted to the committee of the whole.

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

Gibson
La Bau

Lent
Low

FOR THE AFFIRMATIVE.

T. Murphy O'Donnell
Nicks

Platt

White

9

FOR THE NEGATIVE. Andrews CG. Cornell Godard

Parsons

Wilbor Campbell E. Cornell Humphrey Pierson

Williams Chambers Crowley Kline

Stanford

Wolcott
Collins
Folger H. C. Murphy

Sutherland Wood

20 The President then 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.

Mr. Wood offered the following resolution:

Resolved, that the privileges of the floor of the Senate be extended to Hon. Frederick A. Conkling.

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

Mr. Godard called for the consideration of the resolution in the words following:

Resolved, (if the Assembly concur,) That the Clerk be, and he is hereby authorized to furnish each Senator, officer and reporter of the Senate, 20 copies of the Manual for 1867.

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

FOR THE AFFIRMATIVE. Andrews C. G. Cornell Kline

Parsons

Sutherland
Bennett
Gibson
La Bau
Pierson

Wilbor
Chambers Godard

Low
Platt

Williams
Collins
Humphrey O'Donnell

18 FOR THE NEGATIVE. Campbell Crowley

Lent
Nicks

White
E. Cornell Folger
H. C. Murphy Stanford

Wood

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

Mr. Lent offered the following resolution:

Resolved, That the Senate bill, printed number 117, of the session of 1866, with the papers relating thereto, in relation to the escheated real estate of David N. Dugan, deceased, be taken from the files and referred to the committee on the judiciary.

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

Mr. Parsons offered the following resolution:

Resolved, That the judiciary committee, to which was referred the bill incorporating the Protectives of the city of Rochester, have power to report the same complete.

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

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