Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same.

The Assembly bill entitled "An act to provide for the construction of waste gates and spillway in the north embankment of the Erie canal, in the village of Spencerport, in the county of Monroe," was read the 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 Senators elected voting in favor thereof, and three-fifths being present, as follows:

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same. Mr. Lansing introduced a bill entitled "An act to provide for the publication of the proceedings of the celebration of the Centennial Anniversary of the Board of Regents, to be held in July, 1884, and for the distribution thereof," which was read the first time, and by unanimous consent was also read the second time, and,

On motion of Mr. Lansing, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

On motion of Mr. Robinson, and by unanimous consent, the committee on agriculture was discharged from the further consideration of Assembly bill, printed No. 342, entitled "An act to authorize the Yates County Agricultural Society to sell and convey a portion of its real estate," and the same ordered to a third reading.

Mr. Robinson, from the committee on roads and bridges, to which was referred the Assembly bill, entitled "An act to amend section 73, title 1, article 4, chapter 16, part 1 of the Revised Statutes, entitled 'Laying out of public highways,'" reported in favor of the passage of the same (Senator Cullen dissenting), which report was agreed to, and said bill committed to the committee of the whole.

Mr. Lansing moved to disagree with the report of the committee, and to lay that motion on the table.

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

Mr. Daggett moved to reconsider the vote by which Assembly bill No. 365, entitled "An act to amend chapter 528 of the Laws of 1880,

entitled 'An act to provide for the appointment of a board of elections, and of registers, canvassers, inspectors and poll-clerks of the city of Brooklyn, and to fix their compensation," " was ordered to a third reading.

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

Mr. Daggett moved to refer said bill to the committee of the the whole.

The President put the question whether the Senate would agree to said motion, 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 regulate the employment of women and children in manufacturing establishments, and to provide for the appointment of inspectors to enforce the same.

After some time spent therein, the President resumed the chair, and Mr. Murphy, from said committee, reported progress on the abovenamed bill, and asked leave to sit again.

Mr. Coggeshall moved that the committee of the whole be discharged from the further consideration of the above-named bill, and that the same be ordered to a third reading.

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

The Assembly sent for concurrence the following entitled bill: "An act making an appropriation to pay an award made by the Board of Claims in favor of Anderson D. Lawrence," 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 in relation to extending certain streets and avenues in the city of Brooklyn beyond high-water mark," which was read the first time, and by unanimous consent was also read the second time, and, On motion of Mr. Daggett, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

The Assembly returned the bill entitled "An act to amend the Code of Civil Procedure" (Int. No. 129), with a message that they had passed the same with the following amendments:

Page 2, engrossed bill, strike out lines 15 to 24, inclusive.

Page 3, strike out all down to and including "life-time," in line 13, and insert in lieu thereof the following:

66

"§ 2606. Where an executor, administrator, guardian or testamentary trustee dies, the surrogate's court has the same jurisdiction, upon the petition of his successor, or of a surviving executor, administrator or guardian, or of a creditor or person interested in the estate, or of a guardian's ward, to compel the executor or administrator of the decedent to account, which it would have against the decedent if his letters had been revoked by a surrogate's decree, with respect to the liability of the sureties in and for the purpose of maintaining an action upon the decedent's official bond, a decree against his executor or administrator rendered upon such an accounting has the same effect as if an execution issued upon a surrogate's decree against the property of decedent had been returned unsatisfied during decedent's life-time. So far as concerned the executor or administrator of decedent, such a decree is not within the provisions of section 2552 of this act.”

The President put the question whether the Senate would concur in said amendments, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and threefifths being present, as follows:

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

Mr. Otis, from the committee on engrossed bills, reported as correctly engrossed the bills entitled as follows:

"An act in relation to cases for damages appealed from the late Board of Canal Appraisers to the Canal Board, and now pending and undetermined by said board."

"An act to amend chapter 354 of the Laws of 1883, entitled 'An act to regulate and improve the civil service of the State of New York." "An act to incorporate the United States Transfer and Exchange Association."

"An act to authorize and direct the comptroller of the city of New York to pay the salary of John A. Stemmler, as justice of the district court in the city of New York for the seventh judicial district."

"An act in relation to certain fees and compensation of the sheriff of Albany county."

"An act to amend chapter 409 of the Laws of 1882, entitled 'An act to revise the statutes of this State relating to banks, banking and trust companies.""

Mr. Otis, from the committee on engrossed bills, reported as correctly re-engrossed the bills entitled as follows:

"An act to amend section 24 of chapter 679 of the Laws of 1871, entitled 'An act to amend an act entitled 'An act to supply the village of Watertown with pure and wholesome water for other purposes,' passed March 22, 1853, and the several acts amendatory thereof."

"An act to amend chapter 410 of the Laws of 1882, entitled 'An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York.'"

"An act to provide for a commission to inquire into the character and condition of tenement-houses and their occupants in the city of New York."

The Assembly returned the following entitled bills, with messages that they had concurred in the amendments of the Senate thereto, respectively:

An act to cede lands under water of Gardiner's and Peconic bays to Suffolk county, Long Island, for the cultivation of shell fish."

"An act to amend chapter 256 of the Laws of 1874, entitled 'An act to amend an act entitled An act to provide for laying out and improving roads and avenues in the village and town of Saratoga Springs,' passed March 5, 1870."

"An act to provide the means and making appropriations to pay the expenses of superintendence, ordinary repairs and maintenance of the

canals for the fiscal year commencing on the first day of October, 1884.".

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

On motion of Mr. Davidson, and by unanimous consent, Assembly bill, printed No. 126, entitled "An act to provide for the labeling of any barrel, keg, cask, bottle, or other vessel containing fermented liquors, and to prevent the adulteration of the same," was ordered to the first committee of the whole.

On motion of Mr. Cullen, the Senate adjourned.

TUESDAY, MAY 13, 1884.

The Senate met pursuant to adjournment.

Prayer by the Rev. Frederick Widmer.

The journal of yesterday was read and approved.

The Assembly returned the bill entitled "An act to provide the means and making appropriations to pay the expenses of superintendence, ordinary repairs and maintenance of the canals, for the fiscal year commencing on the first day of October, 1884," with a message that they had non-concurred in the amendments of the Senate thereto, and appointed a committee of conference, consisting of Messrs. Clinton, Sweet, Geddes, Ackroyd and Allen, and request the appointment of a like committee on the part of the Senate.

Mr. Robinson moved that a committee of conference be appointed on the part of the Senate.

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

The President appointed as such committee, Messrs. Robinson and Titus.

Ordered. That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the appointment of a committee of conference thereon.

The Assembly bill entitled "An act to provide for a commission to investigate and report upon the subject of prison labor, and to make an appropriation for the expense thereof," having been announced for a third reading,

Mr. Lansing moved that said bill be read the third time to-morrow morning, immediately after the reading of the journal.

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

Mr. Esty moved to take from the table the motion to reconsider the vote by which the Assembly bill, entitled "An act to prevent obstructions of the highways by snow drifting," was lost.

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

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

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 Senators elected voting in favor thereof, and three-fifths being present, as follows:

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same. The Assembly bill entitled "An act to provide for a revision of the charter and ordinances of the city of Buffalo," was read the 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 Senators elected voting in favor thereof, and three-fifths being present, as follows:

Ordered. That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same.

The Assembly bill entitled "An act for the better security of mechanics, laborers and others who perform labor or furnish materials for building and other improvements on lands in the cities of this State," was read the 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 Senators elected voting in favor thereof, as

follows: