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

Assembly, "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 first day of October, 1867."

"An act for the relief of the Society for the Protection of Destitute Roman Catholic Children in the city of New York."

Assembly, "An act to amend an act entitled 'An act to consolidate and amend the several acts relating to the village of Peekskill, to alter the bounds, and to enlarge the powers of the corporation of said village,' passed March 25, 1859."

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

Mr. Wilbor, from the same committee, reported in favor of the passage of the second named bill, with amendments, which report was agreed to and said bill ordered engrossed for a third reading.

Mr. Wilbor, from the same committee, reported in favor of the passage of the last named bill, with amendments, which report was agreed to and said bill ordered to a third reading.

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

"An act to more particularly define the duties of overseers of highways, and their appointment, in conformity with the provisions of chapter 522 of Laws of 1865."

"An act to authorize the common council of the city of Utica to borrow and disburse money for city purposes, and to levy and collect a tax to pay the same."

"An act to amend anact entitled 'An act to amend and consolidate the several acts in relation to the charter of the village of Penn Yan."

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

Mr. Lent, from the same committee, reported in favor of the passage of the two last named bills, without amendment, which report was agreed to and said bills ordered to a third reading.

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

"An act to secure the safe construction and management of railroads." "An act to authorize the consolidation of corporations organized under the act entitled 'An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes,' passed February 17, 1848, or any of the acts amending or extending the same."

"An act to amend an act entitled 'An act to authorize the construction of a railway and tracks in the town of West Farms and Morrisania,' passed May 2, 1863."

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After some time spent therein, the President resumed the chair, and Mr. Nicks, from said committee, reported progress on the two first named bills, and asked and obtained leave to sit again.

Mr. Nicks, 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 Assembly returned the bill entitled "An act providing for a convention of the people of this State to revise and amend the Constitution," with a message that they non-concur in the amendments of the Senate thereto, and have appointed a committee of conference on the part of the Assembly, consisting of Messrs. Hiscock, Littlejohn, Bigelow, Schutt and Weed, and request a like committee on the part of the Senate.

Mr. Folger moved that the Senate insist upon their amendments, and that a committee of conference 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. Folger, Godard and Low, were appointed as such committee. Mr. O'Donnell moved that the bill entitled "An act for the safe construction and management of railroads," be made the special order for Tuesday next, after the special order already made shall be disposed of.

The President put the question whether the Senate would agree to said motion, and it was decided in the negative, two-thirds of all the Senators present not voting in favor thereof.

On motion of Mr. Folger, the Senate adjourned.

T

MONDAY, MARCH 11, 1867-7 O'CLOCK, P. M.

The Senate met pursuant to adjournment.

Prayer by Rev. Dr. Pohlman.

The journal of Saturday was read and approved.

Mr. H. C. Murphy presented a petition of Fulton Ferry and Prospect Park Railroad Company in the city of Brooklyn, for relief; which was read and referred to the committee on railroads.

Mr. Wolcott presented a petition of citizens of the village of Oswego Falls, asking for an amendment of village charter; which was read and referred to the committee on municipal affairs.

Mr. O'Donnell, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill entitled "An act authorizing the board of supervisors of the county of Livingston to fix the compensation or salary of the treasurer of said county," 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 the petition of the trustees and lot owners of Hope Cemetery, for an act to enable them to obtain more land, reported adversely thereto, and in favor of the adoption of the following resolution:

Resolved, That the prayer of the petitioner be denied.

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

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act to authorize Samuel V. Haight to set apart onehalf acre of land for a family cemetery," reported that they have made some amendments thereto, and amended the title so as to read "An act, to enable Samuel V. Haight, of the town of Root, Montgomery county, to set apart a plot of ground for a family grave yard, and to secure the same forever from sale for taxes or from alienation, by deed or otherwise," and as amended, recommend its passage; said bill was committed to the committee of the whole.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to legalize the proceedings of a special town meeting, held in the town of Little Valley, in Cattaraugus county, in the year 1866," reported in favor of the passage of the same, with amendments, 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 to authorize the construction of a railway and tracks in the town of West Farms and Morrisania,' passed May 2, 1863."

"An act relative to certain documentary evidence."

"An act to amend an act entitled 'An act to facilitate the construction of the Southern Central railroad, and to authorize towns to subscribe to the capital stock thereof,' passed April 7th, 1866."

"An act for the relief of the Co-operative Iron Founders' Association of Troy."

"An act for the relief of the Society for the Protection of Destitute Roman Catholic Children in the city of New York.”

Also as correctly re-engrossed:

"An act to authorize the construction of a railroad from Hunter's Point to Flushing in Queens county."

The Assembly returned the following entitled bill, with a message that they had non-concurred in the passage of the same:

"An act to provide for removing fences along certain plankroads during winter.

The Assembly sent for concurrence the bills entitled as follows:

"An act to amend the charter of the village of Cortland, enlarging the boundaries thereof," 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 further amend the charter of the village of Albion," 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. O'Donnell asked and obtained leave to introduce a bill entitled "An act to release the title of the State to certain premises to Samuel Brown," 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. O'Donnell asked and obtained leave to introduce a bill entitled "An act to legalize the official acts of Hiram B. Keene, a justice of the peace," 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. E. Cornell asked and obtained leave to introduce a bill entitled "An act to incorporate the Delaware River Company," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on commerce and navigation.

By unanimous consent, Mr. La Bau asked and obtained leave to introtroduce a bill entitled "An act for the relief of Cora Moffatt and Myra Moffatt, infant children of W. B. Moffatt deceased," 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. La Bau asked and obtained leave to intro[SENATE JOURNAL.]

42

duce a bill entitled "An act to amend section 398 of chapter 7, of title 12, of part 2 of the Code of Procedure, in relation to witnesses," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

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

"An act to incorporate the Metropolitan Market Company."

"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." Assembly, "An act providing for additional compensation to deputies, clerks and assistants, in the various departments of the State govern

ment."

After some time spent therein, the President resumed the chair, and Mr. H. C. Murphy, from said committee, reported in favor of the passage of the first named bill, with amendments, which report was agreed to and said bill ordered engrossed for a third reading.

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

Mr. H. C. Murphy, from the same committee, reported in favor of the passage of the last named bill, with amendments, which report was agreed to and said bill ordered to a third reading.

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

"An act to secure the safe construction and management of railroads." "An act to authorize the consolidation of corporations organized under the act entitled 'An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes,' passed February 17, 1848, or any of the acts amending or extending the same."

Assembly, "An act to incorporate the 'Safe Deposit Company' of the city of Utica."

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

Mr. O'Donnell moved that said bill be re-printed.

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

Mr. Wolcott, from the same committee, reported in favor of the pas sage of the second named bill, with amendments, which report was agreed to and said bill ordered engrossed for a third reading.

Mr. Wolcott, from the same committee, reported in favor of the pas sage of the last named bill, with amendments, which report was agreed to and said bill ordered to a third reading.

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

"An act in relation to equalization of real and personal property by the board of supervisors of Lewis county."

"An act to incorporate the 'Orleans Savings Bank,' of the village of Albion, in the county of Orleans."

Assembly, "An act to incorporate the German Tailor Benevolent Society of Brooklyn, E. D."

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

the two first named bills, with amendments, which report was agreed to and said bills ordered engrossed for a third reading.

Mr. Campbell, from the same committee, reported in favor of the passage of the last named bill, with amendments, which report was agreed to and said bill ordered to a third reading.

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

"An act to release to Frederick Knoble the title of the people of the State of New York in and to certain real estate."

"An act authorizing taking bail pending criminal examination."

Assembly, "An act to release the right, title and interest of the people of the State of New York, of, in and to certain real estate, to Winney Madden."

After some time spent therein, the President resumed the chair, and Mr. La Bau, 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. La Bau, 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 to a third reading.

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

"An act to authorize the common council of the city of Brooklyn to improve Powers street, from Wyckoff street to Carroll street, at Third avenue, in said city."

"An act to incorporate the Camp Meeting Association of the Methodist Episcopal Church in the city of New York."

"An act to amend an act entitled 'An act for the incorporation of companies formed to navigate the ocean by steamships or vessels using caloric engines,' passed April 12, 1852.”

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

Mr. Kline, from the same committee, reported in favor of the passage of the two last named bills, with amendments, which report was agreed to and said bills ordered engrossed for a third reading.

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

"An act in relation to tolls on the Waterloo and Fayette Plankroad.” "An act to authorize the construction of a breakwater or pier for the protection of vessels at Bay Ridge, New Utrecht, in the bay of New York."

"An act to amend the charter of the village of Canajoharie."

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

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

"An act to amend an act entitled 'An act to improve the Gowanus canal in the city of Brooklyn,' passed April 19, 1866."

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