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"An act to amend an act entitled 'An act to prevent animals from running at large in the public highways,' passed April 23, 1862, and to create a short bar to actions arising under said act."

On motion of Mr. E. Cornell and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act changing the name of the town of Port Crane, county of Broomne, to Fenton,” was recommitted to the committee on internal affairs of towns and counties, with power to report complete.

Also, the Assembly bill entitled "An act for the relief of the commissioners of Highways of the town of Ulysses, in the county of Tompkins," was recommitted to the committee on roads and bridges, with power to report complete.

On motion of Mr. Collins and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act to incorporate the Laborers' Protective Union of West Troy,” was recommitted to the committee on the judiciary, with power to report complete.

Mr. Collins moved that the Assembly bill entitled "An act to aid in the construction of the Albany and Susquehanna Railroad," be referred to the first committee of the whole, not full.

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.

On motion of Mr. H. C. Murphy and by unanimous consent, the rules were suspended, and the bill entitled 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 John Ferguson died seized, to Jane Ferguson, his widow," was recommitted to the committee on the judiciary, with power to report complete.

Mr. Lent moved that the bill entitled "An act to alter the map or plan of the city of New York, by discontinuing so much of Hamilton square, laid down on the said map or plan, as lies between the fourth and Fifth avenues and Sixty-sixth and Sixty-eighth streets, in said city,” be referred to the first committee of the whole, not full.

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.

On motion of Mr. La Bau and by unanimous consent, the rules were suspended, and the bill entitled "An act to incorporate Ellsworth Hose Company No. 5 of the town of Castleton, county of Richmond,” was referred to the committee on internal affairs of towns and counties, with instructions to amend the same by striking out that part of section 4 of said act exempting members of said company from militia and jury duty for life, with power to report the same complete.

Also, the bill entitled "An act to incorporate Cataract Fire Engine Company No. 2 of the town of Castleton, county of Richmond," was referred to the committee on internal affairs of towns and counties, to amend the same by striking out that part of 4th section of said act exempting members of said company from militia and jury duty for life, with power to report the same complete.

On motion of Mr. H. C. Murphy and by unanimous consent, the rules were suspended, and the bill entitled “An act in relation to the annual elections of the Long Island Historical Society, and to enable said society to hold additional real and personal property," was recommitted to the committee on the judiciary, with power to report complete.

On motion of Mr. Chambers and by unanimous consent, the rules were suspended, and the bill entitled "An act to provide for the final closing

up of the President, Directors and Company of the Catskill Bank," was recommitted to the committee on banks, with instructions to amend the title and insert the words "affairs of the" after the word "the" and before the word "president," to report complete.

Mr. Parsons, offered the following resolution:

Resolved, That Senate bill No. 204, relative to the enlargement of the locks on the Erie and Oswego canals, be taken from the committee of the whole and referred to the canal committee, with instructions to strike out the following amendments made in committee of the whole to the bill, viz:

The Cayuga and Seneca and the Champlain and the Chemung canal feeder.

Also, to improve the Hudson river from Troy to Fort Edward, and to enlarge the Champlain canal from Fort Edward to Whitehall.

Also, the Cayuga, Seneca and the Champlain.

And amend said bill by striking out wherever it occurs the words "and Oswego."

Also, add the following section: “This act shall not take effect until the 20th day of November, 1867."

Mr. Wolcott moved to amend by instructing committee to strike out all in said resolution, relative to Erie canal.

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.
Godard
Wolcott

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

Parsons Stanford
Barnett
Crowley
Low
Pierson

White
Bennett
Folger
T. Murphy Platt

Wilbor
Campbell Gibson

O'Donnell Sessions Williams
Collins

Humphrey
Mr. Pierson moved to lay the resolution upon the table.

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.
Andrews La Bau

Nicks
Pierson

Stanford
Godard

FOR THE NEGATIVE..
Barnett
Collins
Gibson
T. Murphy

White
Bennett

C. G. Cornell Humphrey Parsons Wilbor
Campbell Crowley

Lent
Platt

Williams
Chambers
Folger
Low

Sessions Wolcott 20 Mr. Gibson moved to strike out the word "Champlain” in the 6th line; also, the words to improve the Hudson river from Troy to Fort Edward, and to enlarge the Champlain cana! from Fort Edward to Whitehall," in 8th and 9th lines; also, strike out "Champlain" in 10th line.

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

Mr. Wolcott moved to strike out the word.“ Oswego."

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

Andrews
Barnett

E. Cornell
Crowley

FOR THE AFFIRMATIVE.

Godard T Murphy
Humphrey Nicks

Stanford
White

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Bennett
Collins
O'Donnell Sessions

Williams
Chambers Lent
Parsons

8 Mr. Nicks moved to strike out the words “Cayuga, and Seneca apd Chemung."

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

Mr. O'Donnell moved to lay the resolution upon the table.

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. Andrews E. Cornell Low

Parsons

Stanford
Barnett
Gibson
T. Murphy Platt

White
Bennett
La Bau
O'Donnell Sessions

Wilbor
Chambers

16
FOR THE NEGATIVE.
Campbell
Crowley
Godard
Nicks

Williams
Colling
Folger
Humphrey Pierson

Wolcott
C. G. Cornell

11 On motion of Mr. Andrews and by unanimous consent, the rules were suspended, and the bill entitled "An act to authorize the trustees of the village of Cooperstown to borrow money for the purpose of purchasing fire engines," was recommitted to the committee on municipal affairs, witb power to report complete.

Also, the bill entitled "An act authorizing the directors of the Cherry Valley and Mohawk River Railroad Company, to connect said road with the Albany and Susquehanna Railroad in the county of Schoharie," was recommitted to the committee on railroads, with power to report complete.

On motion of Mr. White and by unanimous consent, the rules were suspended and the Assembly bill entitled "An act to amend an act for the incorporation of the Skaneateles Railroad Company, and to authorize the same to construct and operate a railroad from the village of Skaneateles to Skaneateles Junction, passed April 17, 1866,” was recommitted to the committee on railroads, with power to report complete.

On motion of Mr. T. Murphy and by unanimous consent, the rules were suspended, and the bill entitled "An act to change the name of Hebrew Benevolent Society," was recommitted to the committee on charitable and religious societies, with power to report complete.

On motion of Mr. Andrews and by unanimous consent, the rules were suspended, and the bill entitled "An act to facilitate the construction of the Cooperstown and Susquehanna Valley Railroad,” was recommitted to the committee on railroads, with power to report complete.

On motion of Mr. Sutherland and by unanimous consent, the rules were suspended and the Assembly bill entitled "An act to amend section 8 of chapter 183 of the Laws of 1866, relating to the raising of moneys for the erection of a town hall in the village of Cold Spring, Putnam county,” was recommitted to the committee on municipal affairs, with power to report complete.

Also, the Assembly bill entitled "An act to enable the town of South East to raise money to purchase ground and build a town hall,” was recommitted to the committee ou internal affairs of towns and counties, with power to report complete, [SENATE JOURNAL.]

57

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On motion of Mr. Sessions and by unanimous consent, the rules were suspended, and the Assembly bill entitled "An act in relation to the establishment of a Normal Training School in the village of Fredonia, Chautauqua county,” was recommitted to the committee on literature, with power to report complete.

Also, the Assembly bill entitled "An act distributing certain bounty moneys in the town of Little Valley county of Cattaraugus," was recommitted to the committee on the judiciary, with power to report complete.

On motion of Mr. Gibson and by unanimous consent, the rules were suspended, and the bill entitled "An act for the relief of Andrew Morrison," was recommitted to the committee on canals, with power to report complete.

On motion of Mr. Crowley and by unanimous consent, the rules were suspended, and bill entitled “An act te release to Ellen Stewart and Jane Rones, the interest of the people of the State of New York, in and to certain real estate," was recommitted to committee on the judiciary, with power to report complete.

Mr. Stanford offered the following resolution:

Resolved, that the Sergeant-at-Arms of the Senate be, and he is hereby directed to arrest.Henry Hathaway, and forthwith bring him before the bar of the Senate to answer the contenipt with which he stands charged in refusing to obey a subpæna of a select committee of the Senate, duly served upon him, requiring him to appear before said committee as a witness.

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

The bill entitled "An act to incorporate the German Mechanics' and Benevolent Association of the village of Lyons, in the county of Wayne," 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 Kline

Parsons

Sutherland
Barnett
E. Cornell Lent

Pierson

Williams
Bennett
Folger
Low
Platt

Wolcott
Campbell Gibson
O'Donnell Sessions

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

Mr. Andrews offered the following resolution:

Resolved, That each Senator have the right to name one bill which shall, 'in the order in which they stand on the calendar of general orders, be first considered in committee of the whole.

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

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bill entitled as follows:

"An act to encourage and aid in building of railroads."

After some time spent therein, the President resumed the chair, and Mr. Williams, from said committee, reported in favor of the passage of the same, with amendments.

Mr. H. C. Murphy moved to lay the question of agreeing to the report of the committee of the whole upon the table,

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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.
Chambers Gibson

Kline
Nicks

Wilbor
Crowley Humphrey H. C. Murphy White

Williams 10 FOR THE NEGATIVE. Barnett CG. Cornell Low

Parsons

Sessions
Bennett
E. Cornell T. Murphy

Pierson

Stanford
Campbell Folgor
O'Donnell Platt

Wolcott
Collins
Godard

17 The President then put the question whether the Senate would agree to the report of the committee of the whole on said bill, and it was decided in the affirmative, as follows:

FOR THE AFFIRMATIVE.
Barnett
C. G. Cornell La Bau

Parsons

Sessions
Bennett
E. Cornell Low

Pierson

Stanford
Campbell Godard
O'Donnell Platt

Wolcott
Collins

16 FOR THE NEGATIVE. Chambers Gibson

Kline
White

Williams
Folger

Humphrey H. C. Murphy Wilbor
Ordered, That said bill be engrossed for a third reading.

The President presented a communication from the Canal Commissioners, in reply to a resolution of the Senate relative to fulfillment of contracts by canal contractors; which was laid on the table and ordered printed.

(See Doc. No. 53.) On motion of Mr. Low, the Senate took a recess until 7} o'clock.

HALF-PAST SEVEN O'CLOCK, P. M.

The Senate again met.
The Assembly sent for concurrence the bills entitled as follows:

"An act for the relief of the Albany Burgess Corps," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

"An act authorizing the commissioners of highways of the towns of Guilderland and New Scotland, in the county of Albany, to lay out and open a certain highway extending in said towns, of the width of two rods," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

"An act to amend an act entitled 'An act to make the common schools free in district No. 5, in the town of Rome, in the county of Oneida, and to provide a tax for that purpose,' passed April 10, 1862, and to authorize the raising of money by tax," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

"An act to provide for the laying out of streets and roads in the city of Newburgh, and for other purposes,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

“An act to regulate and increase the salaries of certain members of the Capital police force, and to provide for the payment thereof,” which

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