"The salary of the county judge of the county of Erie and Rensselaer is hereby fixed at the sum of five thousand dollars.

"The salaries of the county judges of the counties of Onondaga, Oneida, and Monroe are hereby fixed at the sum of four thousand dollars each. "The salaries of the county judges of the counties of Otsego, Saratoga, Ulster, Dutchess, Orange, Clinton, Columbia, and Washington are hereby

fixed at the sum of three thousand dollars each.

"The salaries of the county judges of the counties of Niagara, Jefferson, and Queens are hereby fixed at the sum of two thousand five hundred dollars each.

"The salaries of the county judges of the counties of St. Lawrence, Oswego, Cayuga, and Ontario are hereby fixed at the sum of two thousand dollars each.

"The salary of the county judge of the county of Chautauqua is hereby fixed at the sum of one thousand six hundred dollars.

"The salary of the county judge of the county of Cattaraugus is hereby fixed at the sum of one thousand five hundred dollars.

§ 2. The salary of the surrogate of the county of Kings is hereby fixed at the sum of eight thousand dollars.

"The salaries of the surrogates of the counties of Albany, Monroe, and Rensselaer are hereby fixed at the sum of four thousand dollars each. "The salary of the surrogate of the county of Onondaga is hereby fixed at the sum of three thousand five hundred dollars.

"The salaries of the surrogates of the counties of Queens, Dutchess, Ulster, Orange, Oneida, Westchester, and Columbia are hereby fixed at the sum of three thousand dollars each.

"The salaries of the surrogates of the counties of Otsego, Jefferson, Saratoga, and Washington are hereby fixed at the sum of two thousand five hundred dollars each.

"The salaries of the surrogates of the counties of Niagara, Cayuga, St. Lawrence, and Oswego are hereby fixed at the sum of two thousand dollars each.

"The salary of the surrogate of the county of Chautauqua is hereby fixed at the sum of one thousand six hundred dollars.

"The salaries of the surrogates of the counties of Cattaraugus and Ontario are hereby fixed at the sum of one thousand five hundred dollars each.

"The salary of the surrogate of the county of Erie is hereby fixed at the sum of four thousand five hundred dollars.

"The salary of the surrogate of the county of New York shall be the same as that of the judges of the court of common pleas of the city and county of New York.

"§ 3. The salaries of the county judges who perform the duties of the office of surrogate are hereby fixed in the counties named and at the sums stated, as follows:

"In the counties of Warren, Franklin, Schenectady, Wayne, Rockland, Lewis, and Seneca, two thousand dollars each.

"In the counties of Chenango, Madison, Delaware, Greene, Herkimer, Livingston, Montgomery, Chemung, and Broome, three thousand dollars each.

"In the counties of Steuben and Richmond, three thousand five hundred dollars.

"In the counties of Schoharie, Cortland, Sullivan, Genesee, Essex,

Orleans, Tioga, Tompkins, Wyoming, Suffolk, and Fulton, two thousand five hundred dollars each.

"In the county of Putnam, one thousand dollars, and in the counties of Yates and Schuyler, one thousand five hundred dollars each.

"In the county of Allegany, two thousand seven hundred and fifty dollars.

"In the county of Hamilton, eight hundred dollars."

"Whenever in any county where there is now a separate county judge and surrogate the supervisors shall decide to have but one officer to act as county judge and surrogate, the salary of such officer shall be five hundred dollars less than the aggregate salary herein allowed to the county judge and surrogate of such county.

"§ 4. The salaries of the several county judges and surrogates, as hereby established, shall be paid quarterly by the county treasurers of the respective counties.

"§ 5. Whenever the county judge of one county shall hold the county court, or preside at the court of sessions of any other county, he shall be paid the sum of five dollars per day for his expenses in going to and from, and holding or presiding at any such court, which shall be paid by the county treasurer of such other county on the presentation to him of the certificate of the clerk of such court of the number of days.

"§ 6. No board of supervisors shall audit, and no county treasurer shall pay any bill, claim, or account for office rent or other office expenses of any county judge or surrogate, except for blank books, blanks, and stationery, whether such bill, claim, or account be in the name of such county judge or surrogate, or in the name of any other person or persons, and no county judge shall receive to his use any fees or perquisites of office or other compensation than that allowed by this act.

"87. Section three of chapter four hundred and sixty-seven of the laws of eighteen hundred and seventy is hereby repealed. "§ 8. This act shall take effect immediately.'

Mr. Murphy moved that said bill 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 Assembly returned the bill entitled "An act to amend an act entitled 'An act to revise the charter of the city of Utica,' passed February 28, 1862, passed February 25, 1870," with a message that they had passed the same, with the following amendments:

Add, in section 35, the following as subdivision 35:

"To appoint a superintendent of public parks, and to enact such ordinances, rules, and regulations as may be necessary for the improvement, care, and preservation of the same."

Add, to section 47, the following:

"The common council shall also have power to raise by tax upon the real and personal property in the city liable to taxation such sum as shall be determined by the common council to be necessary to defray the expense of improving, keeping, and maintaining in good condition the public parks of the city, including the salary of the superintendent thereof; which sum so raised shall be in addition to the taxes in this section above provided for, and shall be collected therewith, and all moneys raised for this purpose shall be kept by the treasurer as a sepa[SENATE JOURNAL.]

134

rate fund, and shall be drawn from the treasury only by order specifying that the same are drawn for the purpose for which they are raised.

This act shall take effect immediately."

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:

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendments. The Assembly returned the bill entitled "An act to compensate Wm. S. Copland for services rendered in examining and making copies of certain accounts of the county of New York," with a message that they had concurred in the passage of the same, with the following amend

ment:

Add, at the end of section 1, the following:

"Provided said comptroller shall find the work was necessary to be done, and the charges for the same are fair and reasonable."

The President put the question whether the Senate would agree to concur in said amendment, 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 return said bill to the Assembly, with a message informing that the Senate have concurred in their amendment. A message from the Assembly was received and read, as, follows: IN ASSEMBLY, May 8, 1872. Pursuant to a concurrent resolution of the Senate and Assembly, the Governor returned the Assembly bill entitled "An act in relation to the publication of notices and citations."

The vote upon the final passage of said bill having been reconsidered, on motion of Mr. Kennedy, and by unanimous consent, the same was amended as follows:

Section 1, lines 6 and 7, engrossed bill, strike out the words "instead of the State paper."

Line 7, after the word "therein," strike out the words "and if not then," and insert in lieu thereof the words "as well as."

Lines 8 and 9, strike out all of the section after the word "paper" where it occurs in line 8.

And as amended passed, and ordered sent to the Senate for concurrence. The Peresident put the question whether the Senate would agree to reconsider the vote on 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. Adams moved to recommit said bill to the committee on the judiciary, with instructions to amend as follows:

Section 1, line 2, printed bill, strike out the words "shall hereafter," and insert in lieu thereof the words "may in the discretion of the surrogate issuing the same."

Same section, line 4, strike out the words "instead of the State paper." Mr. Madden moved to amend so that "the surrogates may, in their discretion, publish the notices in the State paper."

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

Mr. Woodin moved that said bill 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 Assembly returned the bill entitled "An act to restrict the power of the city of Brooklyn to issue bonds or loan its credit for local improvements, with a message that they had concurred in the passage of the same, with the following amendments:

Section 1, line 13, strike out the word "of," and insert in lieu thereof the words "two hundred thousand."

Same section, same line, after the word "time," strike out all the rest of the section.

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:

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendments. A message from the Assembly was received and read, as follows:

IN ASSEMBLY, May 8, 1872.

Pursuant to a concurrent resolution of the Senate and Assembly, the Governor returned the Assembly bill entitled "An act authorizing the formation of a separate road district in the county of Essex."

The vote upon the final passage of said bill having been reconsidered, on motion of Mr. Tobey, and by unanimous consent, the same was amended as follows:

Section 1, line 4, strike out the word "seven," and insert in lieu thereof the word "one."

Amend the title by striking out the words "town of Jay."

And as amended passed, and ordered sent to the Senate for concur

rence.

The President put the question whether the Senate would agree to reconsider the vote upon 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:

The President then put the question whether the Senate would agree to the final passage of said bill, as amended, 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 return said bill to the Assembly, with a message informing that the Senate have concurred in the passage of the same, as amended.

A message from the Assembly was received and read, as follows:

IN ASSEMBLY, May 8, 1872. Pursuant to a concurrent resolution of the Senate and Assembly, the Governor returned the Assembly bill entitled "An act for the relief of the Standard Life Insurance Company."

The vote upon the final passage of said bill having been reconsidered, on motion of Mr. Twombly, and by unanimous consent, the same was amended as follows:

Add, at the end of section 2, the words as follows: "and with the provisions of section nineteen of chapter four hundred and sixty-three of the laws of eighteen hundred and fifty-three."

And as amended passed, and ordered sent to the Senate for concur

rence.

The President put the question whether the Senate would agree to reconsider the vote upon 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: