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tors of State Prisons, reported in favor of the adoption of the following resolution:

Resolved, That there be printed of the annual report of the Inspectors of State Prisons, 700 copies for the use of the Inspectors, and 500 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. Mattoon, from the committee on public printing, to which was referred the resolution to print extra copies of the report of the Trustees of the Astor Library, reported in favor of the adoption of the following resolution:

Resolved, That 500 copies of the annual report of the Trustees of the Astor Library, be printed for the use of the Trustees.

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

Mr. Mattoon, from the committee on public printing, to which was referred the resolution to print extra copies of the special report of the Superintendent of the Banking Department, reported in favor of the adoption of the following resolution:

Resolved, That_2,500 extra copies of the special report of the Superintendent of the Banking Department, on savings banks, be printed for the use of the Superintendent (of which number 500 shall be bound), and to be distributed by him to savings banks for the use of their trustees and officers, and 1,500 copies for the use of the Legislature.

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

A message from the Assembly was received and read, in the words following:

In Assembly, Feb. 5, 1868.
Resolved, That a respectful message be sent to the Senate, requesting
that body to transmit to the Assembly the papers on their files relative
to the claim of Ovid Plumb and others, for canal damages, and when re-
ceived, said papers be referred to the committee on claims.
By order.

C. W. ARMSTRONG, Clerk.
Ordered, That the Clerk transmit said papers to the Assembly.
The Assembly sent for concurrence the bills entitled as follows:

"An act to authorize the sale and conveyance of the Jamestown Academy and site, and a portion of the site of the Central School, of the Union Free School district No. 1, of the town of Ellicott,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

"An act for the relief of Edward Todd," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to amend an act entitled 'An act to change the name of the Second Presbyterian Church and Society of Watertown, to the Stone Street Presbyterian Church of Watertown,' passed April 1, 1865," which was read the first time, and by un mous cons nt was also read the second time, and referred to the committee on charitable and religious societies.

"An act to incorporate the Bicker Cholim Benevolent Society of the city of Newburgh," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to amend an act entitled 'An act to alter the Commissioners' map of the city of Brooklyn, pissed April 22, 1867," which was read

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the first time, and by unanimous consent was also read the second time, and referred to the committee on municipal affairs.

"An act authorizing the employment and payment at the county expense of a stenographer for the county court and court of sessions of the county of Rensselaer," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

A message from the Assembly was received and read, in the words following:

IN ASSEMBLY, Feb. 5, 1868. Resolved, That the honorable the Senate be respectfully requested to transmit to this House the testimony, or a copy thereof, taken by a joint committee of the Senate and Assembly, appointed to inquire into the management of the canals of this State, the departments thereof, and the conduct of any person now or heretofore connected with said canals; also, to inquire into the acts of the Canal Contracting Board, and into the acts of the Canal Board, and into the awards made for canal damages, and in reference to canal breaks and the non-performance of contracts; and also the testimony, or a copy thereof, taken by the Senate committee, charged with the duty of inquiring into the management of the canals, and that the same be referred to a select committee of five, with instructions to inquire and report whether sufficient cause is shown for the impeachment of any canal officer or officers elected under the Constitution of this State, and if such cause, in the opinion of said committee, is shown; that the said committee present such officer or officers for impeachment; and that the said committee, in the prosecution of the said inquiry, have leave to take such further evidence as they may deem expedient, and that they have power to send for persons and papers. By order.

C. W. ARMSTRONG, Clerk. Ordered, That the Clerk transmit said testimony to the Assembly.

The President presented the memorial of the Bond Street Homoeopathic Dispensary, of New York, for State aid, which was read and referred to the committee on finance.

Mr. Folger gave notice that he would, on some future day, ask leave to introduce a bill to authorize the Commissioners of the Land Office to sell certain real estate escheated to the State.

Mr. Genet gave notice that he would, on some future day, ask leave to introduce a bill to construct a railroad in Lexington avenue, Broadway, and other streets and avenues in the city of New York.

Mr. Cauldwell gave notice that he would, on some future day, ask leave to introduce a bill to protect ice ponds in the counties of Westchester, Rockland and Putnam, against willful injury.

Mr. Kennedy gave notice that he would, on some future day ask leave to introduce a bill to amend the charter of the village of Baldwinsville.

By unanimous consent, Mr. Thayer asked and obtained leave to introduce a bill entitled "An act to incorporate the Union Foundry Company, of Troy," 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. Cauldwell asked and obtained leave to introduce a bill entitled “An act to repeal chapter 400 of Laws of 1867, authorizing the extension of Central avenue, in the county of Westchester," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

By unanimous consent, Mr. Mattoon asked and obtained leave to intro

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duce a bill entitled "An act to amend an act entitled 'An act to authorize the city of Oswego to borrow money for the purpose of building a bridge, and to provide for its construction over the Oswego canal, which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

The bill entitled "An act ceding to the United States jurisdiction over David's Island, in the harbor of New Rochelle, and exempting the same from taxation and assessment," was read a third time.

The President put the question whether the Senate wonld agree to the final passage of said bill, and it was decided in the affirmative, twothirds of all the members elected to the Senate voting in favor thereof, as follows:

FOR THE AFFIRMATIVE.
Bradley Fulger

Mattoon

O'Donnell Thayer
Campbell Genet

Morgan
Parker

Tweed
Cauldwell Hubbard Morris

Pierce

Van Petten
Chapman Humphrey Nichols

Stanford Williams
Edwards Kennedy Nicks

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

Mr. Nichols offered the following resolution:

Resolved, That the Canal Commissioners report to the Senate, without delay, what the present depth of the water in the Ohio basin in Buffalo is, and whether the same needs dredging, and if it needs dredging, why the same has not been dredged, and whether any appropriation for that purpose is necessary, and if so, how much it will cost to dredge the basin to its original depth.

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

Mr. Mattoon presented the annual report of the Oswego City Library, for 1868, which was laid on the table and ordered printed.

(See Doc. No. 25.) Mr. Mattoon offered the following resolution:

Resolved, That 500 copies of the annual report of the Trustees of the Oswego City Library, be printed for the use of the Trustees.

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

Mr. Folger offered the following resolution:

Resolved, That the State Engineer and Surveyor be and he hereby is requested to visit and inspect in person, if practicable, the State canal harbors at the head and at the foot of Seneca lake, and to report to the Senate at an early day, if any and what amount, will be required to put the same in such condition as will protect canal boats navigating the Cayuga and Seneca, and Chemung canals.

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

The Senate then resolved itself into a committee of the whole, and pooceeded to the consideration of the bills entitled as follows:

"An act to amend section 1, of chapter 182 of Laws of 1846, in relation to the recording of wills.”

"An act to declare the belief that all repair contracts of the canals of this State, and work repairs and dredging of the Albany basin, for which proposals were received by the Canal Contracting Board, December 28th, 1866, on which proposals contracts were afterward' let and entered into, are fraudulent and void, and to provide for legal proceed

ings to establish the fact thereof, and to declare the same void, and to recover all sums of money paid on said contracts beyond a reasonable compensation for the work done thereunder."

"An act to repeal chapter 547 of the Laws of 1866, entitled 'An act to amend chapter 62 of the Laws of 1846, and other acts additional to the same,' passed April 13, 1866."

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

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

Mr. Morgan, from the same committee, reported that they have made some amendments to the last named bill, and amended the title by adding thereto as follows: "and to amend section 2 of chapter 399 of the Laws of 1849, entitled 'An act to prevent fraud in the returns made to the Comptroller of sales at auction, passed April 11th, 1849," and as amended, recommend its passage; which report was agreed to and said bill ordered engrossed for a third reading.

A message from His Excellency the Governor, was received and read, in the words following:

STATE OF New YORK-EXECUTIVE DEPARTMENT,

ALBANY, February 6, 1868. To the Senate : I respectfully transmit 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, purchased for the purpose of extending the Navy Yard.

R. E. FENTON. Ordered, That said communication be laid on the table and printed.

(See Doc. No. 22.) Mr. Creamer gave notice that he would, on some future day, ask leave to introduce a bill in relation to the salaries of the common council of the city of New York.

Also, an act to incorporate the United States Contracting Company.

By unanimous consent, Mr. Creamer asked and obtained leave to introduce a bill entitled “An act to incorporate the Depositors Loan Institution, of 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 finance.

By unanimous consent, Mr. Bradley asked and obtained leave to introduce a bill entitled "An act to incorporate the Nassau Boat Club, of 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 the judiciary.

By unanimous consent, Mr. Norton asked and obtained leave to introduce a bill entitled "An act to incorporate the Fire Proof Warehousing Company," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Mr. Genet offered the following resolution:

Resolved, That the clerk of the Contracting Board be and he is hereby requested to transmit to the Senate a copy of the correspondence between the Contracting Board and the Attorney General, in reference to the repair contract letting of December 28, 1866.

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

In pursuance of previous notice, Mr. Norton asked and obtained leave to introduce a bill entitled "An act to provide for the widening of West street, in the city of New York, on the westerly side thereof, from Battery place to Hammond street,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on municipal affairs.

The Senate again 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 enable Robert Gordon and Frances Gordon his wife, and each of them, to hold and transmit such real estate in this State, as they or either of them shall actually occupy, for his or her own use.'

"An act making appropriation for deficiencies in existing appropriation, to meet existing claims and demands against the State.”

After some time spent therein, the President resumed the chair, and Mr. Pierce, from said committee, reported in favor of the passage of the first named bill, without amendment, which report was agreed to and said bill ordered engrossed for a third reading.

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

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

"An act explanatory of the provisions of chapter 578 of the Laws of 1866, entitled 'An act to regulate the sale of intoxicating liquors in the Metropolitan police district of the State of New York.'"

Ordered, That the Clerk return said bill to the Assembly.
On motion of Mr. Williams, the Senate adjourned.

FRIDAY, FEBRUARY 7, 1868.

The Senate met pursuant to adjournment.
Prayer by Rev. Dr. Clark.
The journal of yesterday was read and approved.

Mr. Nicks presented a remonstrance of forty citizens of Bath, Steuben county, against repeal of the act to amend the charter of said village, passed April 3, 1867, which was read and referred to the committee on municipal affairs.

Mr. Van Petten presented a remonstrance of citizens of Brooklyn, against any repeal or modification of the excise law, which was read and referred to the committee on internal affairs of towns and counties.

Mr. Bradley presented a petition of citizens of New York, in favor of the People's Metropolitan and Suburban railway, which was read and referred to the committee on railroads.

Messrs. Creamer and Cauldwell presented petitions upon same subject, which were read and referred to the committee on railroads.

Mr. Parker presented a remonstrance of A. B. James and others, against the proposed amendment of the Ogdensburgh school law, which was read and referred to the committee on literature.

Mr. Hale presented two petitions of citizens of the county of Clinton, for State aid for the Whitehall and Plattsburgh Railroad Company, which were read and referred to the committee on finance. Mr. Mattoon presented a petition of the 48th Regiment New York [SENATE JOURNAL.]

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