the same complete, which report was agreed to and said bill ordered engrossed for a third reading.

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 authorize the construction of enlarged locks upon the Erie and Oswego canals, and to provide the means to pay the expense thereof." After some time spent therein, the President resumed the chair, and Mr. La Bau, from said committee, reported progress on said bill, and asked and obtained leave to sit again.

Mr. Andrews offered the following resolution:

Resolved, (if the Assembly concur,) That the bill entitled "An act to authorize the construction of enlarged locks upon the Erie and Oswego canals, and to provide the means to pay the expense thereof," be referred to the Convention to revise and amend the Constitution of this State; and that in the judgment of this Legislature, the subject matter of the bill is commended to the consideration of the Convention in their adjustment of the organic financial policy of the State, so that the expenditure necessary for the enlargement of the canals to a capacity adequate to the prospective requirements of the trade of the adjoining and Western States, and of the North, may be met by such loan as shall wisely and fairly equalize the burden of the payment on the present and future resources of the State, as they shall be developed and augmented by such enlargement.

Resolved, That the Secretary of State is hereby requested to transmit to the Convention, at the opening thereof, an engrossed copy of said bill.

Ordered, That said resolution be laid on the table.

Mr. O'Donnell moved that the bill entitled "An act to aid in constructing railroads," be referred to the first committee of the whole.

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

On motion of Mr. Humphrey and by unanimous consent, the rules were suspended, and 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," was recommitted to the committee on internal affairs of towns and counties, with power to report complete.

On motion of Mr. O'Donnell and by unanimous consent, the rules were suspended, and the bill entitled "An act to organize the fire department of the village of Lowville, in the county of Lewis," was recominitted to the committee on municipal affairs, with power to report complete.

Also, the Assembly bill entitled "An act in relation to the public schools in the village of Watertown," was recommitted to the committee on literature, with power to report complete.

On motion of Mr. Low and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act changing the name of the First Methodist Episcopal Church of Port Jervis, New York," was recommitted to the committee on charitable and religious societies, with power to report complete.

On motion of Mr. Chambers and by unanimous consent, the rules were suspended and the Assembly bill entitled "An act to legalize the official acts of David B. Hull, as justice of the peace," was recommitted to the committee on the judiciary, with power to report complete.

On motion of Mr. Williams and by unanimous consent, the rules were suspended and the Assembly bill entitled "An act to amend the revised

charter of the city of Auburn," was recommitted to the committee on municipal affairs, with power to report complete.

On motion of Mr. Campbell and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act to authorize the trustees of the Universalist Society of Whitestown, Oneida county, to sell their meeting house lot," was recommitted to the committee on charitable and religious societies, with power to report complete.

On motion of Mr. E. Cornell and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act to amend an act entitled 'An act to incorporate the village of Waverly, in the town of Barton, county of Tioga, and to repeal its present charter,' passed April 17, 1863, and enlarging the powers of the corporation," was recommitted to the committee on municipal affairs, with power to report complete.

On motion of Mr. Platt and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act to authorize the commissioners of Highways of Plattsburgh, in Clinton county, to widen the public highway at the mouth of Salmon river, on the Plattsburgh and Port Jackson road," was recommitted to the committee on roads and bridges, with power to report complete.

On motion of Mr. Wolcott and by unanimous consent, the rules were suspended, and the bill entitled "An act to amend the charter of the village of Oswego Falls," was recommitted to the committee on municipal affairs, with power to report complete.

On motion of Mr. La Bau and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act to amend an act entitled 'An act to revise, amend and consolidate the several acts relating to the village of Sag Harbor," passed April 18, 1861," was recommitted to the committee on municipal affairs, with power to report complete. On motion of Mr. Sessions and by unanimous consent, the rules were suspended, and the following entitled Assembly bills recommitted to the committee on the judiciary, with power to report complete, to wit:

"An act to legalize the proceedings of a special town meeting held in the town of Ellicottville, in the county of Cattaraugus, on the 6th day of December, 1866.

"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.

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

"An act to amend an act entitled "An act to provide for the supply of the city of Brooklyn with water,' passed April 16, 1859."

"An act to confirm the incorporation of the Father Mathew Total Abstinence Benefit Society of South Brooklyn, and the acts of such society."

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

On motion of Mr. O'Donnell, the Senate adjourned.

THURSDAY, MARCH 21, 1867.

The Senate met pursuant to adjournment.

Prayer by Rev. Mr. Adelberg.

The journal of yesterday was read and approved.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act to extend the jurisdiction of surrogates' courts," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act to authorize the Livonia Academic 'Association to sell their real estate," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act to confirm the title of Charles Graebe to a lot of land in the city of New York," 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 bill entitled "An act to release the title of the State to certain premises to Samuel Brown," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act to amend 'An act relative to a tax on dogs in the city of Rochester, Monroe county,' passed April 17, 1866," reported that they have made some amendments thereto, and amended the title so as to read "An act in relation to a tax upon dogs in the city of Rochester, in the county of Monroe," 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 bill entitled "An act to legalize the official acts of Hiram B. Keene, a justice of the peace," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act to amend chapter 427 of the Laws of 1855, relating to sales for unpaid taxes," 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 bill entitled "An act to authorize the Durango Silver Mines Company to issue preferred stock," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act to amend the act incorporating the Clifton Springs Water Cure Company, passed April 5, 1854, to authorize such company to secure the conveyance and transfer of real and personal property upon certain trusts," reported in favor of the passage of the same, with amendments, and 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 permit the Harmony Manufacturing Company to build certain walls at their own expense on the banks of the Erie canal, in the village of Cohoes, and to improve certain lands owned by the State adjoining the lands of said company," reported in favor of the passage of the same, with amendments, and 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 enable the Newark and Rosendale Lime and Cement Company, to take by purchase, and hold and convey lands and real estate within this State," reported in favor of the passage of the same, with amendments, and 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 provide for draining and reclaiming wet lands in the town of Montgomery, Orange 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 Assembly bill entitled "An act for the relief of Thomas B. Clapp, late overseer of the poor of the town of Mount Morris, and to authorize the board of supervisors of Livingston to hear and pay his claim," reported in favor of the passage of the same, with amendments, and 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 provide for the completion of the unfinished business in the office of the surrogate of the county of Orange," reported in favor of the passage of the same, with amendments, and 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 enable Ludovic de None and Elizabeth B. Harney, his wife, and their children, to take and hold real estate, and releasing the title of the State by escheat in certain lands," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "Au act in relation to appeals in actions to recover penalties for violations of the ordinances or by-laws of municipal corporations," reported adversely thereto, which report was agreed to and said bill rejected.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act to amend an act passed April 19, 1862, entitled 'An act to incorporate the Ten Broeck Free Academy, contained in chapter 353 of the Session Laws of 1862,'" reported adversely thereto, which report was agreed to and said bill rejected.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act for the registration of births, marriages and deaths," reported adversely thereto, which report was agreed to and said bill rejected.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act to provide for the protection of keepers of hotels, inns, restaurants, boarding-houses, and lodging-houses," reported adversely thereto.

Mr. Folger moved to lay said report 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. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act in relation to the foreclosure of certain mortgages on lands in the county of Yates, and permitting the plaintiff in such foreclosure to make the people of the State of New York defendants in an action or actions brought for such foreclosure," reported adversely thereto, which report was agreed to and said bill rejected.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act authorizing the executor of the last will and testament of Peter Ten Broeck, deceased, to pay to the trustees of 'The Ten Broeck Free Academy,' the legacy bequeathed by said will for the use of said academy," reported adversely thereto, which report was agreed to and said bill rejected.

Ordered, That the Clerk return said bill to the Assembly, with a message informing of their non-concurrence in the passage of the same.

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 Ellicottville, in the county of Cattaraugus, on the 6th day of December, 1866," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

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," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to legalize the official acts of David B. Hull, as a justice of the peace of the county of Greene," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Low, from the committee on railroads, to which was referred the bill entitled "An act to provide for the construction of an elevated railroad in the city of New York," reported adversely thereto, which report was agreed to and said bill rejected.

Mr. Low, from the committee on railroads, to which was referred the bill entitled "An act to authorize the construction of a railroad in Lex ington avenue, and in certain other streets and avenues in the city of New York," reported adversely thereto, which report was agreed to and said bill rejected.

Mr. Andrews, from the committee on engrossed bills, reported as cor rectly engrossed the bills entitled as follows:

"An act to incorporate the Albany Iron Manufacturing Company." "An act to incorporate the German Mechanics and Benevolent Associa tion of the village of Lyons, in the county of Wayne,"

"An act to amend chapter 585 of the Laws of 1865, so as to change the mode of electing the trustees of the Cornell University, to extend the time for providing buildings, fixtures and arrangements, and to authorize the Trustees to borrow money."

"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, of which Bernard or Barney Conlan died seized, to Catharine Conlan and Michael Conlan."

"An act to amend an act entitled 'An act to provide for the incorpo ration of insurance companies,' passed April 10th, 1849, and to extend the benefit of such amendment to companies organized under special

charters."