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

Mr. Baker, from the committee on canals, to which was referred the Assembly bill entitled "An act authorizing the Canal Commissioners of the eastern division to raise a certain road bed in the town of Kingsbury, county of Washington,” reported in favor of the passage of the same with amendments, and said bill was committed to the committee of the whole.

Mr. Madden gave notice that he would, at an early day, ask leave to introduce a bill to appoint a county assessor in each county of this State.

Mr. Foster, from the committee on railroads, to which was referred the bill entitled “An act to authorize the city of Rochester to subscribe for stock of the Lake Ontario Sbore Railroad Company, from the proceeds of the sale of the Rochester and Genesee Valley Railroad Company's stock owned by said city,” reported in favor of the passage of the same.

Mr. Murphy moved to recommit said bill to the committee on railroads.

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

By unanimous consent, Mr. Lewis asked and obtained leave to introduce a bill entitled “An act to incorporate the German United Evangelical • Protestant Synod of the East," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on charitable and religious societies.

Mr. Lowery moved that the bill entitled “An act to regulate the fees of county clerks, except in the city and county of New York, for searching records, and certifying titles of and encumbrances upon real estate, for showing papers on file, and for the indexing, custody and use of such records,” be recommitted to the committee on the judiciary.

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 bills.entitled as follows:

“An act to amend the charter of the Agricultural Insurance Company of Watertown, Jefferson county, New York.”

“An act in relation to petit jurors for the county courts and courts of sessions, in the county of Westchester."

“An act to amend an act entitled 'An act to amend and.consolidate the several acts relating to the village of Hornellsville,' passed April 9, 1867.”

After some time spent therein, the President resumed the chair, and Mr. McGowan, from said committee, reported progress on the first and second named bills, and asked and obtained leave to sit again.

Mr. McGowan, from the same committee, reported in favor of the passage of the last named bill, which report was agreed to, and said bill ordered engrossed for a third reading.

The hour of 1.45 P. M. having arrived, the Senate went into executive session; and, after some time spent therein, the doors were opened and legislative business resumed.

The Assembly returned 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," with a message that they had passed the same, with the following amendments:

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Section 5, line 62, strike out the words “ eight hundred and insert the words « one thousand." Title 7, section 1, line 6, after the word "village" insert the words and co-ordinate jurisdiction with justices of the peace of the town of Wallkill, in all cases arising within the limits of Orange county."

Section 12, line 5, after the word “law” insert the words “including officers fees." Same section, line 26, strike out the word “justice” and insert the word “ fees.”.

The President put the question whether the Senate would agree to concur in said amendments, 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
Chatfield Johnson Perry

Winslow
Allen
Dickinson Lord

Robertson D. P. Wood
Baker
Foster
Madden

Tiemann J. Wood
Benedict Graham Murphy

Woodin
Bowen
Harrower Palmer Weismann

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

Mr. Foster, from the committee on railroads, to which was recommitted the bill entitled “An act to authorize the city of Rochester to subscribe for the stock of the Lake Ontario Shore Railroad Company, from the proceeds of the sale of the Rochester and Genesee Valley Railroad Company's stock owned by said city,” reported in favor of the passage of the same, with amendments,

Mr. Murphy moved to recommit said bill to the committee on railroads.

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

The Assembly returned the following entitled bill, with a message that they had concurred in the amendments of the Senate thereto.

"An act in relation to superintendents of the poor." Ordered, That the Clerk return said bill to the Assembly. The Assembly returned the bill entitled as follows:

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

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

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

“An act to appoint commissioners to investigate and examine into the pecuniary affairs and condition of the several State prisons, and State reformatory at Elmira, 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.”

“An act to authorize the Trustees of the Black River Annual Conference to pay and transfer to the Trustees of Central New York Confer. ence certain funds and property."

“An act to incorporate the Safe Deposit and Trust Company of Auburn.” After some time spent therein, the President resumed the chair, and Mr. Allen, from said committee, reported in favor of the passage of the first named bill, with amendments.

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Mr. Johnson moved to amend the report as follows:

Section 1. Strike out the word “Comptroller” and insert the word “ Governor."

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.
Cock
Johnson Lord

Murphy Tiemann 5

FOR THE NEGATIVE.
Adams
Benedict Lewis

Perry

Winslow
Allen
Bowen
Lowery

Robertson J. Wood
Ames
Dickinson McGowan

Woodin
Baker
Harrower Palmer

Weismann

19 Mr. Johnson moved to amend line 2, section 1, by inserting after the word “ Commissioners” the words “to be chosen two from the dominant party, and one from the party in the minority.”

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.
Cock
Johnson

McGowan Tiemann Woodin
Harrower Lord

7
FOR THE NEGATIVE.
Adams
Benedict
Lewis
Perry

Winslow
Allen
Bowen

Lowery Robertson D. P. Wood
Ames
Dickinson Madden

J. Wood
Baker
Foster
Palmer
Weismann

19 The President then put the question whether the Senate would agree to the report of the committee of the whole, and it was decided in the affirmative.

Ordered, That said bill be engrossed for a third reading.

Mr. Allen, from the same committee, reported in favor of the passage of the second named bill, which report was agreed to, and said bill ordered engrossed for a third reading.

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

The President presented the annual report of the Regents of the University; which was laid on the table and ordered printed.

(See Doc. No. 32.) Mr. Benedict offered the following:

Piesolved, That 1,500 copies of the annual report of the Regents of the University be printed, in the usual form, for the use of the Regents.

Ordered, That said resolution be referred to the committee on public printing.

Mr. Benedict offered the following:

Resolved, That 500 copies of the proceedings of the University Convocation for 1871 be printed, as usual, for the use of the Regents of the University.

Ordered, That said resolution be referred to the committee on public printing.

On motion of Mr. Madden, the Senate adjourned.

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SATURDAY, FEBRUARY 17, 1872.

The Senate met pursuant to adjournment.

Prayer by Rev. Dr. Clark. The journal of yesterday was read and approved. Mr. D. P. Wood offered the following: - Resolved, That Charles R. Dayton be, and he is, hereby appointed Clerk of the Senate, in place of James Terwilliger resigned. The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative. Messrs. Madden and J. Wood presented a remonstrance against legislative interference with the management of Erie Railway Company; which was read and referred to the committee on railroads. Mr. Robertson presented a petition of D. O. Bradley and others, for repeal of Erie classification act; which was read and referred to the committee on railroads. Mr. Baker, from the committee on railroads, to which was referred the bill entitled “An act to authorize John T. Mills and his associates, to use cars in lieu of stages over the route of the Bull's Head stage line, in the city of New York, and to lay down rails and use cars thereon, in certain other streets in connection there with,” reported the same to the Senate for its consideration, and said bill was committed to the committee of the whole. Mr. Baker, from the committee on railroads, to which was referred the Assembly bill entitled “An act to amend an act passed April 19, 1871, 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,” reported in favor of the passage of the same, and said bil committed to the committee of the whole. Mr. Winslow, from the committee on banks, to which was referred the Assembly bill entitled “An act to amend an act entitled ‘An act to incorporate the Port Chester Savings Bank,’ passed March 14, 1865,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole. Mr. Baker, from the committee on railroads, to which was referred the bill entitled “An act to authorize the transportation of passengers in the city of New York, by means of street railways to be constructed through certain streets and avenues therein,” reported in favor of the !." of the same, and said bill was committed to the committee of the Whole. Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled “An act to amend an act entitled ‘An act concerning the proof of wills, executors, administrators, guardians, wards and surrogates courts,’ passed May 16, 1837, passed May 11, 1869,” reported in favor of the passage of the same with amendments, and said bill was committed to the committee of the whole. Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled “An act to confirm the title of citizens of this

Was

State to lands for which they have heretofore taken conveyances from aliens," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act passed March 23, 1850, entitled An act for the protection of purchasers of real estate upon sales by order of surrogates,' passed April 20, 1869," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to legaliz: the acts of Stafford Wade, Leverett Spring and Aaron A. Spencer, commissioners of the town of Arcade, in purchasing certain bonds and coupons of said town, with moneys arising from the sale of certain railroad stock belonging to said town, and to authorize said conmissioners to cancel the same, reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was referred the Assembly bill entitled “An act for the relief of John N. Dunn and Elipbalet J. Swain,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Palmer, from the committee on public printing, to which was referred the resolution to print extra copies of the report of the Commissioners on Taxation, reported in favor of the adoption of the following:

Resolved, That 2,000 copies of the report of the Commissioners on Taxation be printed for the use of the Senate.

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

Mr. Perry, from the select committee appointed to investigate the charges against James Terwilliger, late Clerk of the Senate, submitted a report in writing; which was laid on the table and ordered printed.

(See Doc. No. 37.) 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 to amend and consolidate the several acts relating to the village of Hornellsville,' passed April 9, 1867."

“An act to authorize the trustees of the Black River Annual Conference to pay and transfer to the trustees of Central New York Conference certain funds and property.”

“An act to appoint commissioners to investigate and examine into the pecuniary affairs and condition of the several State prisons, and State reformatory at Elmira, 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 tbis State.”

The President presented a communication from the Comptroller in reply to a resolution.

Ordered, That said communication be laid on the table and printed. Mr. Tiemann offered the following:

Resolved, That 500 extra copies of the report of the Comptroller of the city of New York, relative to the valuation of real estate in said city, etc., be printed for the use of the Senale.

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