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department 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. Lent, from the committee on municipal affairs, to which was referred the Assembly bill entitled "An act to legalize certain actions of the common council of the city of New York, and proceedings thereunder," reported in favor of the passage of the same.

On motion of Mr. Lent, and by unanimous consent, the rules were suspended, and said bill recommitted to the committee, with power to report complete.

Mr. T. Murphy, from the committee on public health and medical societies and colleges, to which was referred the Assembly bill entitled "A. act to incorporate the Jefferson Medical College of Watertown," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. T. Murphy, from the committee on public health and medical socie ties and colleges, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act to incorporate the Long Island College Hospital of the city of Brooklyn,' passed March 6, 1858," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

The Assembly returned the bill entitled “An act relating to the Metropolitan Board of Health and to the duties and powers of the commissioners of said board,” with a message that they had consented to the request of the Senate for a committee of conference thereon, and had appointed as such committee on their part, Messrs. Gridley, Crandall, Rice, Hoyt and Robertson.

Ordered, That the Clerk return said bill to the Assembly.

The Assembly returned the bill entitled "An act to amend an act entitled 'An act to incorporate the village of Port Richmond, in the county of Richmond,' passed April 24, 1866," with a message that they had consepted to a committee of conference thereon, and had appointed as such committee on their part, Messrs. Wyeth, Harrington, Bruce, Tarbox and Prince.

Also, the bill entitled, "An act to amend an act entitled 'An act to incorporate the village of Edgewater,' passed March 22, 1866," with a message that they had consented to the appointment of a committee of conference thereon, and have appointed as such committee on their part, Messrs. Wyeth, Harrington, Bruce, Tarbox and Prince.

Also, the bill entitled "An act to amend chapter 819 of the Laws of 1866, entitled 'An act to incorporaie the village of New Brighton,'" with a message that they had consented to a committee of conference and have appointed as such committee on their part, Messrs. Wyeth, Harrington, Bruce, Tarbox and Prince.

Ordered, That the Clerk return said bills to the Assembly.
The Assembly sent for concurrence the bills entitled as follows:

"An act to amend the 'Act to provide for a convention to revise and amend the constitution, passed March 29, 1867,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to reduce the number of directors of the Schoharie Valley Railroad Company,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

The Assembly returned the bill entitled "An act to amend an act entitled 'An act for the incorporation of companies formed to navigate the ocean by steamships or vessels using caloric engines,' passed April 12,

28

1852," with a message that they have passed the same with the following amendments:

Line 3, section 1, after the word "engines" insert "passed April 12, 1856.” Line 10, after the word ocean strike out and.” Insert after “seas,” the words “and rivers."

Add at the end of section two, the following:

"And any such companies desiring or intending to navigate steamships or ships or vessels using caloric engines between any other or additional ports than those named in its original certificate, may from time to time file in the office of the Secretary of State, and in the office of the clerk of the county in which the original certificate was filed, a further certificate in which shall be stated such additional ports between ..which such company desire to navigate vessels; and thereafter such company may navigate its vessels between such ports, with the like effect as if said ports had been named in the original certificate.”

Mr. Folger moved that the Senate concur in said amendments.

The President put the question whether the Senate would agree to said motion to coacur, 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 Kline

Parsons

Sutherland Barnett Crowley La Bau

Pierson

White
Campbell Folger

Lent
Platt

Wilbor
Chambers Gibson

Low
Sessions

Williams
Collins
Godard

T. Murphy Stanford Wolcott
C. G. Cornell Humphrey O'Donnell

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendments.

The Assembly returned the bill entitled "An act to regulate the transit of freight and passengers over the railroads of this State,'' with a message that they had passed the same, with the following amendment:

Strike out all after the enacting clause and insert the following:

Section 1. Whenever a connection does or shall exist between the tracks of two or more railroads, of companies authorized or incorporated by the laws of this State, or between the tracks of a railroad, or a bridge company's bridge, incorporated under the laws of this State; or whenever the tracks of the said companies shall in fact so join or meet each other, an that the cars of each may, without any change of gauge or new work of construction, pass from the track of one to the track of the other, such companies shall, if desired by such connecting company, pass freight over their respective railroads, or bridges, from one another to the places of its destination without breaking bulk; and all such connecting railroads or bridge companies, whether their track or tracks are of the same gauge or not, if said connecting company demands, shall sell pag. senger tickets, and check baggage from any station on their respective roads to any station on the other where their trains may stop, upon such terms and conditions as they shall agree; and in case such companies do or shall not so agree, then it shall be the duty of the commissioners hereinafter named, and their successors, and they are hereby authorized, empowered and directed forthwith, upon the failure of any such companies so to agree, and ceasing to pass freight or sell passenger tickets and check baggage as aforesaid, to proceed to settle, determine and adjust such terms and conditions, after notice of five days, served upon the president or other officer of each company, fixing a time and place in the city of (SENATE JOURNAL.]

115

Albany, New York or Buffalo, as such commissioners may determine, then they will hear the said companies in relation thereto. Their determination and adjustment shall be made in writing, and a copy thereof delivered to the president or other officer of each company, and thereupon the said companies shall cause and permit freight to be passed and passengers to be carried and baggage to be checked in accordance with the determination made as aforesaid.

§ 2. In case either company shall be dissatisfied with such determination and adjustment, it may appeal therefrom to the supreme court in the judicial district in which such difficulty arose or in an adjoining district, which appeal shall be heard at a special term of said court upon notice of eight days to the other company or companies, stating that such appeal is made, and of the time when the same will be brought before the court, and accompanied by copies of sach affidavits and other papers as may be proper matter of evidence before the said court, and as may be proposed to be used on the hearing, at which opposing affidavits may be read. The said court shall proceed to hear and determine the said appeal in preference to all other business before the same, and shall have power to modify and change the said determination and adjustment of the said commissioners in such manner as it may deem just; but in the mean time, and pending the appeal, and until the decision and order of the court in relation thereto, the determination and adjustment of the said commissioners shall not be stayed, suspended, or in any manner delayed, and shall have full force and effect.

§ 3. Any company refusing or neglecting upon such determination and adjustment by the commissioners aforesaid, or upon the modification of the same, if any, by the court, to comply with the same or any part thereof, or to pass freight as aforesaid, or to sell tickets and check baggage as oforesaid, shall forfeit and pay the sum of three thousand dollars for each day it shall so neglect or refuse, one-half of which shall go to the people of the State, and one-half to the company aggrieved, to be recovered in the supreme court in any district in this State, in an action to be brought by the Attorney-General, or by said company aggrieved; and every president and director of said companies who shall refuse or neglect to give effect to such determination and adjustment of said commission, or order of the court thereon, shall be deemed guilty of a misdemeanor, indictable and triable in any county of this state, and be subject to imprisonment in the county jail thereof for a term not exceeding one year and a fine not exceeding five thousand dollars.

§ 4. Any company, a party to such determination and adjustment, may apply at any time to said commissioners for a change or modification thereof, and their order thereon shall be subject to appeal in like manner and with like effect as the original order made by them.

$ 5. Homer Ramsdell, of the city of Newburgh, John Striker, of the city of Rome, and J. Lewis Grant, of the city of Auburn, are hereby ap pointed commissioners under this act; and any vacancy occasioned in said commission by death, resignation or otherwise, shall be filled by the Governor. Said commissioners shall each receive ten dollars for their services for each day's service performed, together with their actual expenses, which sum shall be paid in equal proportions by the companies between which said differences arose.

$ 6. This act shall take effect immediately. Mr. Sessions moved to refer the same to the committee on railroads.

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

The Assembly returned the bill entitled "An act for a renewal of the appropriation for the erection of an arsenal in the city of Rochester," with a message that they had concurred in the passage of the same with the following amendments:

Amend the title by adding at the end thereof the words “and for tho appointment of a commissioner."

Insert the following as section three:

"§ 3. James Brackett, of the city of Rochester, is hereby appointed commissioner under the act providing for the building of an armory in the city of Rochester, pursuant to chapter 466, Laws of 1865, passed April 15th, in place of John Williams, who refused to qualify as such commissioner."

Change number of section 3 to 4.
Mr. Parsons moved that the Senate concur in said amendments.

The President put the question whether the Senate would agree to said motion to concur, 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 Kline

Parsons

Satherland
Barnett
Crowley
La Bau
Pierson

Whito
Campbell Gibson

Lent
Platt

Wilbor
Chambers Godard

Low

Sessions Williams Collins

Humphrey O'Donnell Stanford Wolcott C. G. Cornell

26 Ordered, That the Clerk returu said bill to the Assembly, with a message informing that the Senate have concurred in their amendments.

The Assembly returned the bill entitled "An act to incorporate the Merchants' Mutual Petroleum Security Company," with a message that they had concurred in the passage of the same, with the following amendments:

Section 1, line 2, engrossed bill, after “Green” insert "Harmon D. Hull." Line 3, after “Wheeler," insert “John A. Cone.” Line 4, after "Arnoux," insert "Alexander C. Howe and Frederick Hazleton."

Strike out section 9, and insert in lieu thereof the following:

"§ 9. Each stockholder of said company shall be individually, jointly and severally liable to the creditors of, or those holding claims against said company, to an amount equal to the amount of stock beld by him in said company, for all debts and liabilities of the company; but shall not be liable to an action therefor before an execution shall be returned unsatisfied in whole or in part against the corporation, and then the amount due on such execution shall be the amount recoverable with costs against such stockholder."

Mr. Stanford moved that the Senate concur in said amendments.

The President put the question whether the Senate would agree to said motion to concur, 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 E. Cornell La Bau

Parsons

Sutherland
Barnett
Crowley Lept

Pierson

Whito
Campbell Folger

Low
Platt

Wilbor
Chambers Godard
T. Murphy Sessions

Williams
Collins

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

27 Ordered, That the Clerk return said bill to the Assembly, with a mesgage informing that the Senate have concurred in their amendments.

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The hour of 8 o'clock having arrived, the President announced the special order, being the consideration of the veto message of His Excellency the Governor, upon the bill entitled "An act regulating the carrying of passengers and property on the New York Central and other rail. roads of this State."

The President put the question "Shall this bill pass uotwithstanding the objections of the Governor ?" and it was decided in the negative, two-thirds of all the the Senators present not voting in favor thereof, as follows:

FOR THE AFFIRMATIVE.
Bennett C. G. Cornell T. Murphy Sutherland Wood
Chambers 1. C. Murphy Pierson

FOR THE NEGATIVE.
Andrews Crowley

Klino
Parsons

Whito
Barnett
Folger
La Bau
Platt

Wilbor
Campbell Gibson

Lent

Sessions Williams
Collins
Godard
Low

Stanford Wolcott
E. Cornell Humphrey O'Donnell

28 The Assembly returned the bill entitled "An act to amend an act to facilitate the construction of the Ithaca and Towanda Railroad, and to authorize towns to subscribe to the capital stock thereof,” with a message that they had concurred in the passage of the same, with the following amendments:

Section 1, line 12, engrossed bill, after the word “directors," insert the words “after a vote of two-thirds of the stockholders of said company to that effect."

After the word “provided,” in the 18th line, same section, strike out the balance of section.

Mr. E. Cornell moved that the Senate non-concur in said amendments, and that a committee of conference be appointed, and a like committee requested on the part of the Assembly.

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

The Assembly returned the bill entitled "An act for the relief of Geo. Pettys, and to release to the heirs-at-law of August Pequinot, late of the town of Palermo, and county of Oswego, deceased, the right, title and interest of the State of New York, in and to certain surplus moneys," with a message that they had passed the same, with the following amendments:

Amend the title by adding after the word “New York” the following words: “acquired by escheat."

Section 1, line 2, after the word “New York" add "acquired by escbeat.” Same amendment in section 2, line 2, after the word "New York."

The President put the question whether the Senate would agree to concur in the amendments of the Assembly, and it was decided in the affirmative, two-thirds of all the members elected to the Senate voting in favor thereof, as follows:

FOR THE AFFIRMATIVE.
Andrews E. Cornell La Bau

O'Donnell Sutherland
Barnett
Folger
Lent
Parsons

White
Bennett
Gibson
Low
Platt

Wilbor
Campbell Humphroy H. C. Murphy Sessions Williams
Chambers Kline

T. Murphy

Stanford Wolcott Collins

26 Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendments.

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