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On motion of Mr. H. C. Murphy and by unanimous consent, said bill was amended by striking out all after the enacting clause, and inserting the following:

Section 1. The first section of the act to incorporate the trustees of the Peabody Education Fund, passed April 12th, 1867, is hereby amended, so as to read as follows:

$1. Robert C. Winthrop of Massachusetts, Hamilton Fish of New York, Charles P. McIlvaine of Ohio, Ulysses S. Grant, General of the Army of the United States, David G. Farragut, Admiral of the Navy of the United States, Wm. C. Rivers of Virginia, John H. Clifford of Massachusetts, Wm. Aiken of South Carolina, Wm. M. Evarts of New York, Wm. A. Graham of North Carolina, Charles Macalester of Pennsylvania, George W. Riggs of Washington, Samuel Wetmore of New York, Edward A. Bradford of Louisiana, Geo. N. Eaton of Maryland, and Geo. Peabody Russell of Massachusetts, are hereby created a body politic and corporate by the name and title of “The trustees of the Peabody Education Fund," and by that name shall have perpetual successors, may sue and be sued and complain and defend in all courts; may make and use a common seal and alter the same at pleasure; may hold, manage, invest, collect, control, administer and dispose of the money and bonds given by the said George Peabody, as hereinbefore set forth, and the proceeds and income thereof in the manner, for the uses and purposes and according to the terms and conditions mentioned and prescribed by the said Geo. Peabody in the letter herein before set forth; may appoint such officers and agents as the business of the corporation may require, and allow them a suitable compensation, and may make bye-laws not inconsistent with any existing law for the management of its property, the regulation of its affairs, and the administration of the benevolent and charitable trust confided to it by the said George Peabody, as aforesaid.

Said bill, as amended, 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

Parsons

White
Barnett E. Cornell Lent

Pierson

Wilbor
Campbell Crowloy

Low
Platt

Wolcott
Chambers Folger

H. C. Murphy Sessions Wood
Colling Gibson
T. Murphy Stanford

24
Ordered, That the Clerk return said bill to the Assembly, with a mesa
sage informing that the Senate have concurred in the passage of the
game, with amendments.

The Assembly bill entitled "An act creating the office of Metropoli-
tan Fire Marshal,' and prescribing its powers and duties," 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 Chambers Godard

T. Murphy Sessions
Barnett E. Cornell Humphrey O'Donnell Stanford
Beppett Folger

Lent
Parsons

White
Campbell Gibson

Low
Platt

Wolcott 20

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FOR THE NEGATIVE.
C. G. Cornell La Bau
Pierson

3 Ordered, That the Clerk return said bill to the Assembly, with a mesa sage informing that the Senate have concurred in the passage of the same, with amendments.

The bill entitled "An act to enable the board of supervisors of the county of New York to raise money by tax for certain county 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, and three-fifths of said members being present, as follows:

FOR THE AFFIRMATIVE.
Andrews Collins

Humphrey T. Murphy Platt
Barnett
E. Cornell Kline

O'Donnell Stanford
Bennett
Crowley Lent

Parsons

Wilbor
Campbell Gibson

Low
Pierson

Wolcott
Chambers Godard

23 FOR THE NEGATIVE. C. G. Cornell H. C. Murphy Sessions Wood

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

The Assembly bill entitled "An act to enable the county of Onondaga to obtain a supply of water for the county poor house," having been announced for a third reading,

On motion of Mr. White and by unanimous consent, said bill was amended as follows:

Add to the first section the following:

"But the three streams lying north and west of said poor house, known respectively as the Furnace, Kenyon and Loomis brooks, are expressly excepted from the operation of this section."

Said bill, as amended, 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

Godard

T. Murphy White
Barnett
C. G. Cornell

Humphrey O'Donnell Wilbor
Bennett
E. Cornell La Bau

Parsons

Wolcott Campbell Crowlny Lent

Stanford Wood
Chambers Gibson

Low
Sutherland

24 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, with amendments.

Mr. H. C. Murphy moved to take from the table the bill entitled "An act to provide for the construction of enlarged locks upon the Erie canal, and to provide the means to pay for the same."

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

Mr. H. C. Murphy moved to recommit said bill to the committee on canals, with instruction to change the tax from one-half to three-tenths of a inill.

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

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Mr. Gibson moved to take from the table the bill entitled "An act to provide for the construction of the locks remaining enlarged upon the Champlain canal and the enlargement of the prism thereof, and to provide means to pay the expense.

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

Mr. Gibson moved to recommit said bill to the committee on canals with instructions to reduce the tax from one-fifth to one-tenth of a mill. · The President put the question whether the Senate would agree to said motion to recommit, and it was decided in the affirmative.

Mr. Wolcott moved to further instruct the committee on canals to so amend the bill as to provide for enlarging three locks upon the Oswego capal.

Mr. Humphrey moved that the whole subject be referred to the Constitutional Convention.

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

FOR THE AFFIRMATIVE.
Andrews E. Cornell La Bau

Platt

White
Barnett
Godard
Lent
Sessions

Wilbor
Chambers Humphrey Low

Stanford

Wolcott
C. G. Cornell Kline

17
FOR THE NEGATIVE.
Bennett Crowley Gibson

O'Donnell Pierson
Campbell Folger
H. C. Murphy Parsons

Wood
Collins

11 The Assembly bill entitled "An act to amend 'An act to amend and reduce to one act the several acts relating to buildings, and the keeping and storing of combustible materials in the city of New York,' passed May 4, 1866,” having been announced for a third reading,

On motion of Mr. Andrews and by unanimous consent, the rule was buspended, and said bill amended by inserting in section 7, line 5, after "nitrate of soda” the words “five hundred pounds.”

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:

FOR THE AFFIRMATIVE,
Andrews Collins

Godard
Low

Stanford
Barnett

C. G. Cornell Humphrey O'Donnell White
Bennett Crowley Kline

Parsons

Wilbor
Campbell Gibson

La Ban
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, with amendments.

The Assembly bill entitled "An act with reference to the powers of the Metropolitan Board of Health in the regulation of cattle driving and other matters," 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: (SENATE JOURNAL.]

112

19

FOR THE AFFIRMATIVE. Andrews Chambers Godard

Low

Stanford
Barnett
Collins

Humphrey O'Donnell Wolcott
Bennett
C. G. Cornell Klino

Platt

Wood Campbell Gibson

La Bau

Sessions 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, with amendments.

The Assembly bill entitled "An act to incorporate the New York Board of Fire Underwriters," 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,
Barnett
Crowley
Kline

O'Donnell Stanford
Bennett
Folger
La Bau
Parsons

White
Chambers Gibson

Lent
Platt

Wilbor
Collins
Godard
Low

Sessions Wood
C. G. Cornell Humphrey

22 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 Assembly bill entitled “An act to amend chapler 115 of the Laws of 1865, in regard to Hell Gate pilots,” 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 Collins

Godard
Low

Sessions
Barnett

C. G. Cornell Humphrey O'Donnell Stanford
Bennett
Crowley
Kline
Parsons

White
Campbell Folger

La Bau
Pierson

Wilbor
Chambers Gibson

Lent
Platt

Wolcott 25 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 for the further amendment of an act passed May 2d, 1861, entitled 'An act to amend an act entitled 'An act to lay out a public park and parade ground for the city of Brooklyn, and to alter the commissioners map of said city,' passed April 17, 1860,'” 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 AJFIRMATIVE.
Andrews Collins

Lent
Parsons

Whito
Barnett
Gibson
Low
Platt

Wilbor
Bennett
Godard

H. C. Murphy Sessions Wolcott
Campbell Kline

O'Donnell Stanford Wood Chambers La Bau

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

The Assembly bill entitled "An act in relation to election districts in the town of Saugerties, in the county of Ulster," was read a third time.

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22

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

Kline
Parsons

White
Barnett
C. G. Cornell La Bau

Pierson

Wilbor
Bennett
Gibson
Lent
Platt

Wolcott
Campbell Godard

Low

Sessions Wood
Chambers Humphrey

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in the passage of the saine, without amendment.

The Assembly bill entitled “An act constituting the town of Oppenheim, in the county of Fulton, one election district," 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

Gibson
Low

Sessions
Barnett
C. G. Cornell Godard

Parsons

Stanford
Bennett
E. Cornell La Bau

Pierson

White
Campbell Folger

Lent
Platt

Wilbor
Cbambers

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 Bame, without amendment.

The Assembly bill entitled "An act in relation to the collection of unpaid taxes in the county of Onondaga," 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

Godard
Low

White
Barnett
E. Cornell Humphrey Parsons

Wilbor
Bennett
Crowley
La Bau
Pierson

Wolcott
Campbell Gibson

Lent
Platt

Wood
Chambers

21 Ordered, That the Clerk deliver said bill to the Assembly, with a message informing that the Senate have concurred in the passage of the same, without amendment.

The Assembly bill entitled "An act for the appropriation of certain funds belonging to the town of Wellsville,” 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
Chambers
C. G. Cornell

E. Cornell
Crowley
Folger
Gibson

FOR THE AFFIRMATIVE,
Godard

T. Murphy
L& Bau

Parsons
Lent

Platt
Low

Sessions

Sutherland
White
Wilbor
Wolcott

20

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