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§ 10. Any engineer or other officer or person in the employ of the State, who shall knowingly make any false representation or estimate of the nature, quality, quantity or cost of any work proposed by the State, or any individual to be done, or of any materials so proposed to be furnished for any canal or its appurtenances, or any false representation or estimate in any statement of work or materials so proposed, which may be required by the Canal Board, any Canal Commissioner or any other board or officer, or who shall knowingly report or certify to any false statement of the amount of any work done or purporting to have been done for the State, or of the quality or nature of such work, or of the quality or quantity of any materials furnished or purporting to have been furnished to the State, by which any person may be enabled to claim or receive a greater allowance than is justly due, shall be deemed guilty of a misdemeanor, and on conviction shall be imprisoned in the State Prison for not more than five years, or in a county jail or penitentiary not more than two years, and shall be fined not exceeding one thousand dollars.

§ 11. The maps, plans, locations and specifications of the work to be done in pursuance of this act, after the same shall have been adopted and approved by the Canal Board as provided in this act, shall not be changed, altered or modified, except by and with the consent of the said board, to be fully expressed upon the minutes of its proceedings before any work shall be done or expense incurred under the said contemplated change or alteration or modification.

§ 12. The first, second, third and fourth sections of the act entitled "An act prescribing the powers and duties of the State Engineer and Surveyor, and of the engineers employed on the public works,” passed April 10th, 1850, are hereby revived and re-enacted so that the powers and duties conferred by the said sections may be exercised upon and in relation to the work contemplated by this act.

§ 13. In case it shall become lawful by any change in the constitution, before the said tax shall have been levied and collected, to borrow on the credit of the State, the moneys, or any part thereof necessary for the payment of the work authorized by this act, or the reimbursement of any funds authorized to be used for the purposes of this act, or in case funds ample for such objects shall be otherwise provided and appropriated before the time aforesaid, for levying the said tax, then the said tas, or so much thereof as shall thus be otherwise provided for, shall not be levied and collected.

$ 14. This act shall take effect immediately.

Mr. Gibson moved to further amend the substitute by adding in section one, after the word “double" as follows:

“Also the construction of the old locks on the Champlain, to the same size as those proposed by the bill for the Erie, and the enlargement of the business of the Champlain canal to same size as the Erie."

Mr. Andrews moved to lay on 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. Pierson offered the following resolution:

Resolved, That Senate bill No. 336, for the better protection of emigrants arriving at the port of New York, be recommitted to the committee on commerce and navigation.

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

On motion of Mr. Wolcott and by unanimous consent, the rules were

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suspended, and the Assembly bill entitled "An act to authorize the city of Oswego to borrow money," was recommitted to the committee on municipal affairs, with power to report complete.

On motion of Mr. Wilbor and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act to suppress imtemperance and to regulate the sale of intoxicating liquors in the county of Dutchess,” was recommitted to the committee on internal affairs of towns and counties, with power to report complete.

Also, the Assembly bill entitled “An act to amend an act entitled 'An act to incorporate the city of Poughkeepsie,' and the acts amendatory of the same,” was recommitted to the committee on municipal affairs, 'with power to report complete.

On motion of Mr. Stanford and by unanimous consent, the rules were suspended, and the bill entitled “An act to incorporate the Merchants' Mutual Petroleum Security Company,” was recommitted to the committee on commerce and navigation, with power to report complete.

Mr. O'Dounell, from a majority of the committee on internal affairs of towns and counties, to which was referred the Assembly bill entitled “An act to change the county seat, and county buildings and courts of Schuyler county, from the village of Havana to the village of Watkins," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Kline, from the committee on roads and bridges, to which was referred the bill entitled "An act for the preservation of the State bridge across the Sacandaga river," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Kline, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act to authorize the laying of sidewalks in the highways, streets and avenues in the town of West Farms, in the county of Westchester,' passed April 28, 1864,” reported in favor of the passage of the same.

On motion of Mr. Sutherland and by unanimous consent, the rule was suspended, and said bill recommitted to the committee to report complete.

Mr. Andrews offered the following resolution:

Resolved, that the Senate hold a session this evening, at 74 o'clock, for consideration of bills on preferred calendar and general orders.

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

On motion of Mr. Lent and by unanimous consent the rules were suspended, and the Assembly bill entitled "An act to amend 'An act to incorporate the New York College of Dentistry,' passed March 31, 1865," was recommitted to the committee on public health and medical societies and colleges, with power to report complete.

Also, the Assembly bill entitled "An act to change the name of The Students' Aid Association of New York Free Academy,' initted to the committee on literature, with power to report complete.

On motion of Mr. Crowley and by unanimous consent, the rules were suspended, and the bill entitled “An act to confirm the title of Charles Graebe to a lot of land in the city of New York," was recommitted to the committee on the judiciary, with power to report complete.

On motion of Mr. Barnett and by unanimous consent, the rules were suspended, and the Assembly bill entitled “An act to authorize the formation of corporations to secure parsonages and other property for the

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use of presiding elders of the Methodist Episcopal Church,” was recommitted to the committee on charitable and religious societies, with power to report complete.

On motion of Mr. Platt and by unanimous consent, the rules were suspended, and the 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 Glens Falls to intersect the Saratoga and Whitehall railroad,” was recommitted to the committee on railroads, with power to report complete.

On motion of Mr. O'Donnell and by unanimous consent, the rules were suspended, and the Assembly bill entitled “An act to to declare the Black river, within certain limits, a public highway, and to prohibit the erection or maintenance of obstructions therein," was recommitted to the mittee on commerce and navigation, with power to report complete.

Mr. Barnett, from the committee on charitable and religious societies, to which was referred the Assembly bill entitled “An act for the relief of the rector, church wardens and vestrymen of Grace Church, Harlem, in the city and county of New York,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Collins, from the committee on canals, to which was referred the Assembly bill entitled "An act to authorize the Canal Commissioner in charge of the eastern division of the canals to construct a highway bridge over the Champlain canal, in the village of Fort Edward, reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Collins, from the committee on canals, to which was referred the Assembly bill entitled "An act to authorize the construction of an iron bridge over the Chenango canal, in the village of Clinton,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Low, from a majority of the committee on railroads, to which was referred the bill entitled "An act to incorporate the Crosstown Railroad Company,” reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

On motion of Mr. Sutherland 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 New Rochelle Savings Bank, passed April 24, 1865,” was recommitted to the committee on banks, 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 incorporate the village of College Point, Queens county," was recommitted to the committee on municipal affairs, with power to report complete.

Also, the Assembly bill entitled “An act to amend an act entitled 'An act to authorize the raising and repairing of a public highway in the town of Flushing, in the county of Queens,' passed April 4, 1865," was recommitted to the committee on roads and bridges, with power to report complete.

By unanimous consent, Mr. Sutherland moved to take from the table the bill entitled "An act to protect persons traveling upon Fourth ave. pue in the city of New York."

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

Mr. Sutlierland moved to recommit said bill tu the committee on railroads, with instructions to amend the same as follows:

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Add as section two the following:

Section 2. Within two years after the passage of this act, the New York and Harlem Railroad Company shall construct and complete an arch of masonry work over the track of the road of said company in the Fourth avenue of the city of New York, from the south line of Eightyeighth street, to and connecting with the rock cut so called on Ninetysecond street in the said city. The said arch shall be constructed of such material, and of such thickness, and of such strength, and in such manner in all respects, as the engineer of the Croton Aqueduct Board shall prescribe. Whenever the said company shall have expended the sum of twenty-five thousand dollars in the prosecution of the said work, and shall produce to the comptroller of the city of New York the certificate of the said engineer to that effect, the said comptroller shall draw his warrant in favor of the said company upon the treasury of the said city, and deliver the said warrant to the said company for the sum of twelve thousand five hundred dollars, and so on from time to time as often as the said company shall have expended a like sum of twenty-five thousand dollars, and shall produce the like certificate of the said engineer, the said comptroller shall draw his warrant in favor of the said company and deliver it to the said company, upon the treasury of the said city for the like sum of twelve thousand five hundred dollars. And when the said company shall have fully completed the said arch to the full satisfactionand approval of the said engineer, and shall produce his certificate to that effect, and of the last instalment expended by the said company in the construction thereof, to the said comptroller, the said comptroller shall draw his warrant in favor of the said company, and deliver the same to the said company for one-half of the amount of such last instalment. The said several warrants shall be paid out of any moneys in the treasury of the said city raised and appropriated for roads and avenues. The construction of the said arch shall be commenced on or before the first day of July next, and one-half thereof sball be completed in one year from the said first day of July next, and the balance in two years from the passage of this act.

Nothing in this art contained shall be held or construed to oblige the said company to fill in and grade and level over and about the said arch, but the filling in and grading and leveling over and about the same shall be done by the mayor, aldermen and commonalty of the said city.

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

Mr. Low, from the committee on railroads, reported back said entitled bill, with amendments, as instructed by the Senate.

Mr. Low moved that said bill 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.

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:

Andrews
Barnett
Campbell
Collins
E. Cornell

Folger
Godard
Humphrey
Kline
La Bau

FOR THE AFFIRMATIVE.
Lent

Parsong
Low

Pierson
T. Murphy Platt
Nicks

Sessions
O'Donnell Stanford

Sutherland
Wilbor
Williams
Wolcott
Wood

25

FOR THE NEGATIVE.
H. C. Murphy

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Ordered, That the Clerk deliver said bill to the Assembly, and request
their concurrence therein.
2: Mr. Wood offered the following resolution:

Resolved, That the committee on finance, be instructed to report forthwith, on the expediency of granting the appropriation of $100,000 for the relief of the suffering people of the South.

Mr. Sessions moved to lay the resolution 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 ju the affirmative, as follows:

FOR THE AFFIRMATIVE.
Andrews

E. Cornell Humphrey O'Donnell Stanford
Bennett
Folger
Low

Parsons Wilbor
Campbell Gibson

T. Murphy Platt

Williams
Collins
Godard
Nicks
Sessions Wolcott

20
FOR THE NEGATIVE.
Barnett
La Bau

H. C. Murphy Sutherland Wood
Chambers Lent

By unanimous consent, Mr. Low asked and obtained leave to intro duce a bill entitled "An act to amend chapter 260, Laws of 1838, and chapter 281 Laws, of 1844, relative to banking," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks.

By unanimous consent, Mr. Lent asked and obtained leave to introduce a bill entitled “An act to authorize the institution for the Savings of Merchants' Clerks, to change the location of its place of business," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks.

By unanimous consent Mr. C. G. Cornell asked and obtained leave to introduce a bill entitled "An act to enable the Society of Tammany or Columbian Order, in the city of New York, to purchase and hold real and personal estate, and to dispose of the same,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

On motion of Mr. Wilbor, the Senate took a recess until 73 o'clock, P. I.

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HALF-PAST SEVEN O'CLOCK, P. M. The Senate again met. Mr. Andrews, from the committee on municipal affairs, to which was referred the Assembly bill entitled "An act to legalize the official oath filed by the trustees of the village of Liverpool, with the new clerk of said village," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Andrews, from the committee on municipal affairs, to which was referred the Assembly bill entitled "An act to authorize the city of Oswego to borrow money for the purpose of paying the floating debt of said city," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Andrews, from the committee on municipal affairs, to which was referred the Assembly bill entitled "An act to incorporate the village of College Point, Queens county," with power to report complete, reported

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