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amendments, and said bill was committed to the committee of the whole.

Mr. Folger, from the committee on the judiciary, to which was referred the bill entitled "An act for the suppression of the trade in and circulation of obscene literature, illustrations, advertisements, and articles of indecent or immoral use, and obscene advertisements of patent medicines," reported in favor of the passage of the same, and said bill was committed to the coinmittee of the whole.

Mr. Tweed, from the committee on charitable and religious societies, to which was referred the bill entitled "An act to found a Presbyterian hospital," reported in favor of the passage of the same.

Mr. Tweed moved to refer said bill to the first committee of the whole.

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 votirg in favor thereof.

Mr. Crowley, from the committee on municipal affairs, to which was referred the bill entitled "An act to incorporate the city of Ogdensburgh," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Crowley, from the committee on municipal affairs, to which was referred the Assembly bill entitled “An act to amend an act entitled 'An act to charter the village of Randolph, Cattaraugus county,' passed May 21, 1867,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Crowley, from the committee on municipal affairs, to which was referred the Assembly bill entitled “An act to amend chapter 385 of the Laws of 1867, being an act to incorporate the village of Warwick," reported in favor of the passage of the same, and said bill was committed to the committee of the whole. .

Mr. Crowley, from the committee on municipal affairs, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act to amend the charter and several acts relating to the village of Waterford, and to incorporate the same in one act,' passed April 11, 1859," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Crowley, from a majority of the committee on municipal affairs, to which was referred the bill entitled “An act for the relief of the poor of the city of Brooklyn,” reported adversely thereto, which report was agreed to and said bill rejected.

Mr. Crowley, from a majority of the committee on municipal affairs, to which was referred the bill entitled "An act for the relief of the poor of the city of New York," reported adversely thereto.

Mr. Creamer moved to disagree to the report of the committee, and that said bill be referred to the committee of the whole.

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

FOR THE AFFIRMATIVE.
Bradley
Creamer Morris

Pierce

Tweed
Cauldwell Hubbard Nichols

FOR THE NEGATIVE.
Banks
Folger
Humphrey Nicks

Stanford
Beach
Genet
Kennedy

O'Donnell Thayer
Chapman
Graham
Mattoon
Palmer

Van Petten
Crowley
Hale
Morgan
Parker

Williams
Edwards

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

Mr. Morris, from a majority of the committee on the judiciary, to which was referred the bill entitled “An act to authorize the supervisor of the town of Denmark, to convey by deed the old burial gronnd situated near the village of Copenhagen, in said town, to the trustees of Riverside Cemetery Association, and their successors in office, and to specify the qualification of voters in the meetings of said association," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Morris, from a majority of the committee on the judiciary, to which was referred the bill entitled “An act to authorize the supervisor of the town of Copake, Columbia county, to borrow money upon the credit of the town to reimburse persons who were drafted in the military service of the United States, and who paid commutation therefor or furnished a substitute," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Murphy, from a majority of the committee on the judiciary, to which was referred the Assembly bill entitled "An act to incorporate the Rensselaer Park Association,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Chapman, from the committee on literature, to which was referred the bill entitled "An act to amend the act to provide for the appraisal of and acquiring title to lands taken for or in addition to sites for district school houses,' passed April 25, 1866," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

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

"An act to authorize the Attorney-General to institute suits for the purpose of annulling certain contracts entered into by the State for the repairs of the canals."

"An act in relation to the Wallkill Valley Railroad Company." "An act to provide for the completion of the Wallabout improvement of the city of Brooklyn.”

Mr. Campbell, from the committee on railroads, to which was referred the bill entitled "An act to authorize the Whitehall and Plattsburgh Railroad Company to construct its road upon and across certain lands under water,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

By unanimous consent, Mr. Van Petten asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to anthorize the formation of corporations to secure parsonages and other property for the use of presiding elders of the Methodist Episcopal Church," 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.

By unanimous consent, Mr. Cauldwell asked and obtained leave to introduce a bill entitled "An act to incorporate the Yonkers and Alpine Ferry Company,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on commerce and navigation.

By unanimous consent, Mr. Morris asked and obtained leave to introduce a bill entitled "An act to declare and establish the civil rights and status of the issue of marriages of Seneca Indians with white women," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary. [SENATE JOURNAL.]

19

By unanimous consent, Mr. Morgan asked and obtained leave to introduce a bill entitled "An act to legalize the sale of infants' real estate in the case of the children of Benjamin Curtis," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. Folger asked and obtained leave to introduce a bill entitled “An act to amend an act entitled 'An act to subject certain debts owing to non-residents to taxation,' passed July 2, 1851," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

By unanimous consent, Mr. Beach asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to incorporate the village of Coxsackie,' passed April 5, 1867,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on municipal affairs.

By unanimous consent, Mr. Creamer asked and obtained leave to introduce a bill entitled "An act to establish a railroad from the Wehawken to the Hunter's Point ferry, in the city of New York,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

By unanimous consent, Mr. Chapman asked and obtained leave to introduce a bill entitled “An act to amend an act entitled 'An act to incorporate the Binghamton Savings Bank, in the village of Binghamton, Broome county,' passed April 18, 1867," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on bauks.

The bill entitled "An act to provide for the completion of the Wallabout improvement of the city of Brooklyn," 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.
Banks
Genet
Kennedy Nichols

Pierce
Campbell Graham

Mattoon
Nicks

Tweed
Cauldwell Hubbard Morgan

Palmer

Van Petten Chapman Humphrey Morris

Parker

Williams Edwards

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

The bill entitled "An act to authorize the Attorney-General to insti. tute suits for the purpose of annulling certain contracts entered into by the State for the repairs of the canals," 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, ås follows:

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Mr. Williams moved to reconsider the vote just taken.

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

Banks Beach Bradley Campbell

Chapman
Creamer
Edwards
Folger

FOR THE AFFIRMATIVE.
Graham

Morris
Hale

Nichols
Humphrey Nicks
Morgan

Palmer
Van Petten
Williams

18

FOR THE NEGATIVE.
Cauldwell Hubbard Parker

Stanford Tweed
Crowley
Mattoon
Pierce

Thayer Mr. Williams moved to recommit said bill to the committee on canals, with instructions to amend as follows:

In section 1, line 1, printed bill, after the word authorized, insert the words "and required," and in line 8, same section, after the word authorized ” insert the words “and required.”

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

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FOR THE NEGATIVE.
Banks
Creamer
Hale
Morris

Pierce
Bradley Crowley Hubbard Nichols

Stanford
Campbell Edwards Humphrey Palmer

Thayer
Cauldwell Folger
Kennedy Parker

Tweed
Chapman Graham
Morgan

23 Mr. Williams moved to recommit said bill to the committee on canals, with instructions to amend as follows:

In line 2, section 1, printed bill, strike out the words “such action or," and in line 3, same section, strike out "any contractor or and insert instead “all the," and strike out in 4th and 5th lines, the words shall deem advisable."

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

as he

FOR THE AFFIRMATIVE.
Tweed

Genet

Williams

6

Van Petten

Mattoon

FOR THE NEGATIVE.

Banks
Creamer
Hale
Morris

Parker
Beach
Crowley Hubbard Nichols

Pierce
Campbell Edwards Humphrey Nicks

Stanford
Cauldwell Folger

Kennedy O'Donnell Thayer
Chapman Graham
Morgan

23 Mr. Van Petten moved to recommit said bill to the committee on canals, with instructions to amend as follows:

After line 18, section 1, printed bill, insert: "and the State shall be allowed to offset against the value of work so done and materials furnished, the amount of any and all damages to the State by means of said contracts, or from a want of a proper and faithful performance of the same, and the State shall recover the amount so paid by it after deducting the sum so proved and established, or so much of said sum as there shall be over and above the amount of the damages received."

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

Mr. Williams moved to recommit said bill to the committee on canals, with instructions to substitute the following therefor:

"An act to provide for legal proceedings to set aside and declare void the repair contracts of the canals of this State for work, repairs, and for dredging of the Albany basin, for which proposals were received by the Canal Contracting Board, December 28, 1866, on which proposals contracts were let and entered into, and to recover the money paid upon said contracts, and damages to the State."

Section 1. The Attorney-General of this State is hereby authorized, directed, and required to prosecute actions in the name of the people of this State, in the courts of this State, to set aside and have declared fraudulent and void the contracts made with the State for the keeping in repair certain sections of the canal, and for the dredging of the Albany basin, made in pursuance of proposals made to the Canal Contracting Board on the 28th day of December, eighteen hundred and sixty-six, against the contractors named in said contract, or their assignees, or persons in interest; said actions shall also be brought to recover any and all sums of money paid by the State upon said contracts, if said contracts shall be established in such actions to have been let or procured fraudulently, or to be void against the State; and every person who shall have received any portion of said money paid upon any of said contracts, may be joined as a party defendant in such action to set the same aside, whether the contract stands in his name or not; but the defendants in said actions shall be allowed to prove and establish the real value of the work done and materials furnished under said contracts; and the plaintiff in said actions shall be allowed to prove and establish any damages that may have accrued to the State by reason of any failure to perform said contracts, or by reason of any partial performance thereof, or by reason of any neglect on the part of the said contractors; and such damages, if proved and established, shall be deducted from the value of the work done and materials furnished; and the balance remaining after such deduction shall be deducted from the moneys paid by the State on said contracts; and the State shall only recover in said actions the moneys paid by it on said contracts, after deducting therefrom the last named balance. Costs shall be awarded in said actions as the court shall deem just and equitable.

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.
Van Petten Williams

FOR THE NEGATIVE.
Banks
Creamer
Hale
Morris

Parker
Beach
Crowley
Hubbard Nichols

Pierce
Bradley
Edwards Humphrey Nicks

Stanford
Campbell Folger

Kennedy O'Donnell Thayer
Cauldwell Genet

Mattoon
Palmer

Tweed
Chapman

Morgan
Said bill was again 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
Banks
Crowley
Hubbard
Nichols

Pierce
Beach
Edwards Humphrey Nicks

Stanford

Graham

28

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