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at one or more times, in such form as the board therein mentioned may provide, but such estimates in the aggregate shall not exceed the sum of seven and a half millions of dollars, and the said Comptroller is hereby authorized to borrow from time to time on the credit of the said city and county in anticipation of the revenues thereof, an amount not exceeding said estimates to meet the expenditures by said section authorized, and issue revenue bonds therefor, and nothing in this or in said section contained shall affect the power of any department of the said city, or other boily to proceed with and execute works of a permanent character, which it is authorized by laws now in force, to proceed with and execute, nor to prevent the said Comptroller from raising the moneys required for the payment of such permanent works under existing laws.

$ 2. It is hereby provided and declared that the second section of said act shall not apply to any claim for which a sufficient appropriation remained unexpended at the date of the passage of said act; and, further, that the said board may audit and allow, and the said Comptroller shall pay the claims specified in the said second section, not withstanding they may be in excess of any sum or sums appropriated and set apart to any of the departments, or for any of the purposes of the said city or county, under and pursuant to chapter 583 of the Laws of 1871. All bills, accounts and claims presented to said board shall be placed on file in the department of finance in said city, and shall be open to the inspection of the public, and except those for salaries and wages, shall not be audited by said board until the expiration of five days after presentation. A general statement and entry of the nature of any bill, claim or account at the time of its presentation shall be deemed and taken as a reading and entry thereof in a book as contemplated by the requirement of the act hereby amended. Nothing contained in this act or in the act hereby amended shall be construed to require the said Comptroller to pay out of the proceeds of bonds authorized by said second section any claims or amounts that may lawfully be paid out of the avails of bonds or stocks heretofore by any law authorized, or out of the avails of taxation, or from any special or trust funds. Provided such construction shall not prevent or delay the payment to the several banks, insurance and trust companies, of the moneys advanced by them or either of them.

8 3. The third section of the said act is hereby repealed.
§ 4. This act shall take effect immediately.
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:

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1

Johnson

On motion of Mr. Palmer, and by unanimous consent the rule was suspended, and the Clerk ordered to deliver said bill to the Assembly immediately, with a message requesting concurrence therein.

On motion of D. P. Wood, and by unanimous consent, the Assembly bill entitled "An act to authorize the election of an additional justice of the peace in the town of Manlius, 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.
Adams
Dickinson Lord

Palmer

Wagner
Baker
Foster
Lowery Perry

Weismann
Benedict Johnson

McGowan Robertson D. P. Wood
Bowen
Lewis
Madden

Tiemann Woodin 20 On motion of Mr. D. P. Wood, and by unanimous consent,

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

On motion of Mr. Johnson, and by unanimous consent, the Assembly bill entitled "An act relative to lands held in trust by Harry G. Moore for the benefit of Nehemiah Denton and his descendants,” 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.
Baker
Johnson McGowan Perry

Wagner
Bowen
Lewis
Madden

Robertson Weismann
Dickinson Lord

Palmer

Tiemann D. P. Wood
Foster
Lowery

17 FOR THE NEGATIVE. Woodin

1 On motion of Mr. Johnson and by unanimous consent, the rule was suspended and the Clerk ordered to return said bill to the Assembly immediately, with a message informing that the Senate have concurred in the passage of the same.

The bill entitled “An act to amend an act entitled 'An act to amend and consolidate the charter of the village of Middletown,' passed March 31, 1866,” 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.
Adams
Dickinson Lord

Palmer

Wagner
Baker
Foster
Lowery Perry

Weismann
Benedict Johnson McGowan Robertson D. P. Wood
Bowen
Lewis
Madden

Tiemann Woodin 20 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

Mr. Lord offered the following:
Resolved, That the Senate hold an executive session at 12:45 P. M.

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

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

"An act to amend an act entitled 'An act relating to appropriations anil deficiencies in the city and county of New York, and the audit and payment of salaries and claims in said city and county,' passed January 30, 1872."

On motion of Mr. Tiemann, and by unanimous consent, the Assembly bill entitled "An act to confirm the conveyance of real and personal estate by the Beth El congregation of Jews, of the city of New York, to the congregation Shaaray Telila, of the city of New York,” 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.
Adams
Foster
Lowery Perry

Weismann
Baker

Johnson McGowan Robertson D. P. Wood
Bowen
Lewis
Madden

Tiemann Woodin
Dickinson Lord

Palmer
Wagner

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

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

"An act to incorporate the Little Falls Water-works Company."

“An act to extend to the towns of Skaneateles and Spafford, of the county of Onondaga, the provisions of the act entitled 'An act to amend an act entitled An act to authorize the formation of railroad corporations, and to regulate the same, passed April 2, 1850, so as to permit municipal corporations to aid in the construction of railroads, passed May 15, 1869,' and of acts amendatory thereof."

After some time spent therein, the President resumed the chair, and Mr. McGowan, from said committee, reported in favor of the passage of the first named bill, which report was agreed to and said bill ordered to a third reading.

Mr. McGowan, from the same committee, reported progress on the last named bill, and asked and obtained leave to sit again.

The hour of 12.45 P. m. baving arrived, the Senate went into executive session, and after some time spent therein the doors were opened and legislative business resumed.

A message from the Assembly was received and read, requesting the concurrence of the Senate in a resolution, as follows:

Resolved (if the Senate concur), That a respectful message be sent to the Governor, requesting him to return for amendment, the Assembly bill entitled "An act to authorize the county treasurer of Kings county to desigpate one of his assistants to act as deputy in his absence."

On motiou of Mr. Perry, and by unanimous consent, the rule was suspended, and said resolution considered at once.

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

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

The Assembly returned the bill entitled "An act to amend an act entitled 'An act relating to appropriations and deficiencies in the city and county of New York, and the audit and payment of salaries and claims in said city and county,' passed January 30, 1872," with a message that they had concurred in the passage of the same.

Ordered, That the Clerk deliver said bill to the Governor.
Mr. Lowery offered the following:

Resolved, That when the Senate adjourn to-day it be to meet Monday evening next at seven and a half o'clock.

Mr. D. P. Wood moved to amend by striking out the words "to-day and inserting the words “to-morrow.'

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

FOR THE AFFIRMATIVE. Adams Lewis

Robertson D. P. Wood Woodin
Benedict Madden

FOR THE NEGATIVE.
Baker
Johnson
McGowan Perry

Wagner
Dickinson Lewery

Palmer
Tieman

Weismann
Foster

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

Baker Dickinson

Foster
Johnson

FOR THE AFFIRMATIVE.

Lowery Perry
McGowan Tiemann

Wagner
Weismann

10

Woodin

FOR THE NEGATIVE.
Adams
Lewis

Robertson D. P. Wood
Benedict Madden

On motion of Mr. Lowery, the Senate adjourned.

7

MONDAY, FEBRUARY 12, 1872.

The Senate met pursuant to adjournment.
Prayer by the Rev. Mr. Selkirk.
The journal of Friday was read and approved.

Mr. Ames presented a petition of the Hussey and Ilowe Mining Company for relief; which was read and referred to the committee on the judiciary.

Mr. Lewis presented two remonstrances of the citizens of Lancaster, Erie county, against the passage of the Buffalo plank-road; which were read and referred to the committee on roads and bridges.

Mr. Lowery presented a petition of the trustees of Whitestown semi

nary for an increase of the Literature Fund; which was read and referred to the committee on literature. Mr. Dickinson presented a petition of J. S. Conkey for an amendment of the Laws of 1865 defining the powers of the justice of the peace of the village of Canton; which was read and referred to the committee on the judiciary. Mr. Ames presented a petition of John McDonald that his name be changed; which was read and referred to the committee on the judiciary. Mr. Tiemann presented a petition of merchants and others to continue the department of docks; which was read and referred to the committee on commerce and navigation. Also, a petition of the members of the general committee of the East Side Association that permission be granted to the Third Avenue Railroad Company to run palace or drawing-room cars on said railroad; which was read and referred to the committee on railroads. Mr. Winslow moved to reconsider the vote upon agreeing to the report of the committee on roads and bridges adversely to the bill entitled “An act to amend an act entitled ‘An act to construct certain roads from settlements in Lewis county to Brown's tract, in Herkimer county,’ passed June 8, 1853; and the acts to continue in force said act and amendatory thereof, passed April 18, 1859, to April 14, 1865.” The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. Mr. Winslow moved to recommit said bill to the committee on roads and bridges. The President put the question whether the Senate would agree to said motion to recommit, and it was decided in the affirmative. By unanimous consent, Mr. Lewis asked and obtained leave to introduce a bill entitled “An act to amend an act entitled ‘An act to establish a department of police in the city of Buffalo, and to provide for the government thereof.” passed April 26, 1871,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the affairs of cities. By unanimous consent, Mr. Lewis asked and obtained leave to introduce a bill entitled “An act to appoint commissioners to investigate and examine into the pecuniary affairs and conditions of the several State prisons of this State and to report thereon, and also to suggest such laws, rules, and regulations as they may deem proper for the better regulation and discipline of said prisons to the Comptroller of this State,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on State prisons. A message from His Excellency the Governor was received and read in the words following:

STATE of NEw York—ExECUTrve CHAMBER,
ALBANY, February 12, 1872. }

To the Senate:

I return, without approval, Senate bill No. 58, entitled “An act for the protection of tax-payers against the frauds, embezzlements, and wrongful acts of public officers and agents.” The bill is as follows: The People of the State of New York, represented in Senate and Assem

bly, do enact as follows :

SECTION 1. All officers, agents, commissioners, and other persons, acting for or on behalf of any county, town, or municipal corporation, in

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