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

Mr. Parsons moved that the Assembly bill entitled "An act to amend an act entitled 'An act in relation to the establishment of a Normal and Training School in the village of Brockport,' passed February 2, 1867," 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 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:

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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 bill entitled "An act to authorize the construction of a railroad in Broadway, Lexington avenue, and certain other streets and avenues in the city of New York," having been announced for a third reading,

On motion of Mr. Folger and by unanimous consent, said bill was amended by adding at the end of section 6, the words "and annul or revoke the grant hereby made."

Mr. Gibson moved to recommit said bill, with instructions to amend as follows:

Section 1, strike out the words "and their assigns are hereby authorized" and insert in lieu thereof the words "are hereby constituted a body politic and corporate."

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

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Mr. Gibson moved to recommit, with instructions to amend the same by striking out in the 4th section the following:

"All actions relating to, affecting or arising under this act, or the authority herein given, shall be commenced in the supreme court of the first judicial district."

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

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Said bill, as amended, 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:

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

On motion of Mr. Sutherland and by unanimous consent, the committee of the whole were discharged from the further consideration of the Assem-. bly bill entitled "An act to provide for the election of three commissioners of highways in the town of West Farms, in the county of Westchester," and said bill 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:

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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 bill entitled "An act to incorporate the Metropolitan Underground Railway Company, and to authorize said company to construct tunnels and railways in the city of New York, and for other purposes," having been announced for a third reading,

Mr. Lent moved that said bill be committed 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 negative, as follows:

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Mr. White moved to recommit to the committee, with instructions to

amend as follows, and report the same forthwith to the Senate:

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"S Hugh B. Wilson, Origen Vandenburgh and Asa P. Robinson, each of them for himself or his assigns, shall be entitled to receive and recover from said company, but not until some portion or section of said railway is in working operation, such sum as a commission hereinafter authorized may award for the services, and the value to said company of services severally rendered by said persons in promoting an underground railway. Each of said persons or his assigns, or the said corporators may at any time after the passage of this act apply by petition to the supreme court, upon a written notice of at least ten days, and on such petition said court shall appoint a commission of not less than three nor more than five suitable persons to hear and determine the claims of the petitioner under the provisions of this section, and the said commission shall, after a hearing of the case, adjuage and award against said company and in favor of the petitioner such sum as ought equitably to be paid to him. In any such award the extent of the services rendered by the petitioner in securing the franchises of said company, shall form the basis upon which said award shall be made, in addition to the time and money expended in promoting said underground railway, previous to the passage of this act."

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

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Andrews

Campbell

Barnett

Chambers

Bennett

E. Cornell

FOR THE AFFIRMATIVE.

La Bau
Lent

Nicks
Platt

White

Wood

Low

Stanford

14

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H. C. Murphy Sessions

Wolcott

12

Mr. Folger moved to further instruct the committee to amend said bill as follows:

On line 2, section 4, strike out "twenty-three" and insert "thirteen." On line 3, section 4, after the word "stockholders" strike out all down to the word "eight" inclusive on line 6th, and insert "and the first election of directors shall be made by the corporators herein named, and shall be held within thirty days after the passage of this act, of the time and place of which meeting, notice shall be given to each of the said corporators by notices in writing, signed by W. W. Gilbert, H. B. Willson and Thomas B. Van Buren, or any two of them, delivered at or mailed and addressed to the respective places of abode or business of each of said corporators, at least five days prior to the time of such election, and such of the said corporators as shall attend in person or by proxy shall appoint two tellers to conduct said election and declare the result, and said election shall be by ballot, each of said corporotors being entitled to one vote, and the directors so elected shall hold their places until the fourth day of October, 1867."

Mr. Low offered the following as a substitute for the amendment offered by Mr. Folger:

"And they shall give each of said corporators at least twenty days' notice of such award and distribution of said stock before the same shall be distributed to any other person."

The President put the question whether the Senate would agree to the motion of Mr. Low to substitute, and it was decided in the affirmative. The Assembly bill entitled "An act authorizing the incorporation of a religious society in the city of Utica, to be known as the First Methodist

Episcopal Church, Utica, and to dissolve the First Methodist Episcopal Church, Utica, and the State Street Methodist Episcopal Church, Utica, and for other purposes," 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, 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.

Mr. Low, from the committee on railroads, to which was recommitted the bill entitled "An act to incorporate the Metropolitan Underground Railway Company, and to authorize said company to construct tunnels and railways in the city of New York, and for other purposes," reported the same back with the amendments, as instructed by the Senate. Mr. Bennett offered the following resolution:

Resolved, That Senate bill No. 257, entitled "An act in relation to the fare on the New York Central Railroad," be made the special order for Tuesday evening next, at 7 o'clock.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative, two-thirds of all the Senators present voting in favor thereof.

The Assembly sent for concurrence the bill entitled as follows:

"An act to authorize the commissioners of highways of the town of Deerfield, to raise money to build a bridge over the Mohawk river," which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Campbell 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:

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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.

On motion of Mr. Nicks and by unanimous consent, the rules were suspended, and the bill entitled "An act to allow the supervisor of the town of Corning, to borrow money to build a bridge across Chemung river," was recommitted to the committee on the judiciary, with power to report complete.

On motion of Mr. Godard and by unanimous consent, the rules were suspended, and the bill entitled "An act to legalize the proceedings of [SENATE JOURNAL.]

49

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the annual town meeting of the town of De Kalb, in the county of St. Lawrence, held on the 12th day of February, 1867, in relation to the appropriation and disbursements of certain surplus moneys which was paid over to the supervisor of said town by the late recruiting committee of said town of De Kalb," was recommitted to the committee on the judiciary, with power to report complete.

On motion of Mr. Godard and by unanimous consent, the rules were suspended, and the 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," was recommitted to the committee on the judiciary, with power to report complete.

Mr. T. Murphy offered the following resolution:

Resolved, That the bill entitled "An act extending the powers and duties of the commissioners of the Central Park," be referred to the first committee of the whole, not full.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative, two-thirds of all the Senators present voting in favor thereof.

Mr. Kline, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act for the relief of the Moriah Plankroad Company, and repealing chapter 776 of the Laws of 1865," 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. Platt 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:

Andrews
Barnett
Campbell
Collins

FOR THE AFFIRMATIVE.

C. G. Cornell
E. Cornell

Folger

Kline
La Bau
Low

Nicks

Parsons

Pierson

Godard

T. Murphy

Platt

Sessions

White

Wilbor

Wolcott

20

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.

Mr. Low moved that the Senate hold a session this afternoon at 4 o'clock.

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

On motion of Mr. Collins and by unanimous consent, the rules were suspended, and the bill entitled "An act to incorporate the Albany Iron Manufacturing Company," was recommitted to the committee on the judi ciary, with power to report complete.

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

"An act to create a Metropolitan Harbor District, and a Board of Wharves and Piers therein."

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

Mr. Gibson moved that said bill be made the special order for Wednesday next, after the third reading of bills.

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