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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 ime.

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 veting in favor thereof, and three-fifths of said members being present, as follows:

FOR THE AFFIRMATIVE.
Andrews C. G. Cornell Godard T. Murphy Sutherland
Barnett
E. Cornell Humphrey

Nicks

White
Bennett
Crowley
La Bau
Parsons

Wilbor
Campbell Folger

Lent
Platt

Wolcott
Chambers Gibson

Low

Sessions Wood Collins

26 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 authorizedand insert in lieu thereof the words

are hereby constituted a body politic and corporate."

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

FOR THE AFFIRMATIVE. E. Cornell Gibson

Lent

H. C. Murphy White
Chambers La Bau

Low
Nicks

Wood
Folger

11
FOR THE NEGATIVE.
Andrews Collins

Kline
Platt

Sutherland * Barnett

CG. Cornell T. Murphy Sessions Williams
Bennett
Godard
Parsons

Stanford Wolcott
Chambers Humphrey Pierson

18 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:

FOR THE AFFIRMATIVE.
E Cornell
Gibson
Lent
Nicks

Wilbor
Crowley
La Bau
Low
White

Wood

10

FOR THE NEGATIVE. Andrews C. G. Cornell Kline

Platt

Sutherland
Barnett
Folger
T. Murphy Sessions

Williams
Chambers Godard

Parsons
Stanford

Wolcott
Collins
Humphrey Pierson

18 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:

FOR THE AFFIRMATIVE. Barnett C. G. Cornell T. Murphy Sessions

Wilbor
Bennett Godard

Parsons
Stanford

Williams
Chambers Humphrey Pierson

Sutheriand Wolcott
Collins
Kline
Platt

18 FOR THE NEGATIVE. Andrews Crowley

La Bau

H. C. Murphy White
Campbell Folger

Lent
Nicks

Wood
E. Cornell Gibson
Low

18 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:

FOR THE AFFIRMATIVE.
Andrews Collins

Low
Pierson

Wilbor
Barnett
C. G. Cornell H. C. Murphy Platt

Williams
Bennett
Folger
T. Murphy Sessions

Wolcott
Campbeil Kline

Parsons
Sutherland Wood

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.

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:

FOR THE AFFIRMATIVE.
C. G. Cornell Lent
Stanford Sutherland Wood

5

FOR THE NEGATIVE. Andrews E. Cornell Kline

T. Murphy

White
Barnett
Folger
La Bau
Parsons

Wilbor
Bennett
Gibson
Low
Sessions

Wolcott
Chambers Godard

17 Mr. White moved to recommit to the committee, with instructions to amend as follows, and report the same forthwith to the Senate:

"§ . 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 commissiou 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, adjudge and award against said company and in favor of the petitioner such suin as ought equitably to be paid to him. In any such award the extent of the services ren. dered 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:

FOR THE AFFIRMATIVE.
Collins
Folger
La Bau
Nicks

White
C. G. Cornell Gibson

Lent
Platt

Wood
Crowley
Kline
Low
Stanford

14 FOR THE NEGATIVE. Andrews Campbell Godard

Parsons

Wilbor
Barnett

Chambers H. C. Murphy Sessions Wolcott
Bennett
E. Cornell

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:

FOR THE AFFIRMATIVE, Andrews C. G. Cornell Godard

Low

Sessions
Barnett
E. Cornell Kline

Nicks

Stanford
Campbell Crowley

La Bau
Parsons

Sutherland
Chambers Gibson

Lent
Platt

Wilbor
Collins

21 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:

FOR THE AFFIRMATIVE.
Andrews E. Cornell Humphrey T. Murphy Stanford
Barnett Crowley Kline

Nicks

White
Campbell Folger

La Ban
Parsons

Vilbor
Collins
Gibson
Low

Sessions Wolcott
C. G. Cornell Godard H. C. Murphy

28 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

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:

FOR THE AFFIRMATIVE.
Andrews C. G. Cornell Kline

Nicks

Sessions
Barnett
E. Cornell La Bau

Parsons

White
Campbell Folger

Low
Pierson

Wilbor
Collins
Godard
T. Murphy Platt

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 judiciary, 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 entitled 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 Wednes. day next, after the third reading of bills.

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