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: 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 institute 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, as follows: 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: 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: 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 "as he 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: 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: 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: Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act in relation to Wallkill Valley Railroad Company," 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: Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. Mr. Folger moved to take from the table the motion to reconsider the vote upon the final passage of the bill entitled "An act authorizing any life insurance company, or any trust or loan company, to invest their funds in bonds issued by any county, town or village of this State, pursuant to any law of this State." The President put the question whether the Senate would agree to said motion to take from the table, 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 decded 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: On motion of Mr. Folger and by unanimous consent, said bill was amended by striking out "and all proceedings had by the commissioners appointed in the several acts authorizing the issue of said bonds in the said towns and election district, are hereby ratified and confirmed." 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, as follows: Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. Mr. Pierce moved that the communication from the Governor transmitting a communication from the Secretary of the Navy, asking that jurisdiction be ceded to the United States over certain property in the city of Brooklyn for the extension of the Navy Yard, be taken from the table and referred 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 President announced the following committee on the part of the Senate, upon the concurrent resolution relative to officers in the Legislative, Executive and State Departments: Messrs. Folger, Williams and Murphy. Mr. Mattoon called for the consideration of the concurrent resolution pending at the hour of adjournment yesterday. Mr. Mattoon moved to amend said resolution so as to read as follows: Resolved, (if the Assembly concur,) That when the Legislature adjourn to-day, it adjourn to meet again on Tuesday, the 25th inst, at 7 o'clock P. M. The President put the question whether the Senate would agree to said motion to amend, and it was decided in the negative, as follows: Chapman Folger Morgan Nicks Pierce Thayer Mr. Mattoon moved further to amend, that when the Legislature adjourn on Thursday, the 20th, it be until Tuesday, the 25th, at 71 o'clock P. M. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, as follows: Mr. Parker moved to amend, that when the Legislature adjourn on Saturday, the 16th, it be until Monday, the 18th, at 10 o'clock A. M. The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows: |