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after the appointment of the clerks as herein provided, the term of office of the present clerks of said courts shall cease.

$ 2. The judges of the supreme court, the superior court, the court of common pleas, and of the marine court, shall have power to appoint four officers for each part in said courts, and the judges of the court of general sessions in said city of New York shall appoint such officers to attend said respective court as to the judges of said court shall appear to be necessary. The salaries of said officers shall be fixed by the common council of said city, and paid out of the city treasury in monthly installments; but the salary of each officer or attendant shall in no case exceed twelve hundred dollars per anuum. Such officers may be removed by the court, but their successors shall be appointed by the judges of the court making such removal. Provided, however, that no other officers or clerks shall be appointed by said judges than is herein or by law provided for, neither shall any officers or clerks for said courts be appointed by any other person or authority.

“8 3. The clerk, the assistants or deputy clerks, and all other attendants of said courts, shall receive no fees or compensations for their own use whatever, for any services by them performed by virtue of their offices, other than their salaries.

Ҥ 4. Section second of chapter seven hundred and eighty-four of the laws of eighteen hundred and sixty-seven, passed April twenty-five, eighteen hundred and sixty-seven, is hereby amended so as to read as follows:

2. It shall be the duty of every stenographer, so appointed, to attend the part or trial term of the court to which he shall be assigned, where issues of fact are tried, and under the direction of the presiding justice thereof to take full stenographic notes of all proceedings in every trial thereat, and in case the presiding justice, at any such trial, shall require a transcript of said stenographic notes, such stenographer shall make and furnish the same to said justice free of all charge. The fees of the stenographer for transcripts of his potes, when made at the request of any party to an action or his attorney, shall be ten cents for every folio of one hundred words, and, in the event of an appeal, the prevailing party shall be allowed to be taxed in his costs the necessary expense paid by him to the stenographer for a transcript of the stenographic notes upon the trial, provided the amount recovered in the action shall be one hundred dollars or more, and that the amount of fees to be taxed for such transcripts shall not exceed fifteen dollars in any one case. It shall be the duty of the stenographer, at the request of any party to an action, or his attorney, to furnish transcripts of his notes at the rate of ten cents per folio of one hundred words.

“$ 5. All acts or parts of acts inconsistent with the provisions of this act are hereby repealed.

"86. 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:

FOR THE AFFIRMATIVE.
Adams
Cock
Lewis
Perry

Weismann
Baker
Dickinson Lowery

Robertson Winslow
Benedict Graham Murphy

Tiemann J. Wood
Bowen
Harrower O'Brien Wagner

Woodin
Chatfield Johnson

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

The Assembly sent for concurrence the bills entitled as follows:

“An act to authorize the formation of corporations to provide the members thereof with lots of land suitable for homesteads, 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 in relation to the unadjusted claims of the soldiers in the war of eighteen hundred and twelve," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

"An act for the relief of the Standard Life Insurance Company,' which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance.

An act to establish a board of police and fire commissioners of the city of Utica," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the affairs of cities.

"An act to incorporate the Gilbert Elevated Railway Company, and to provide a feasible, safe, and speedy system of rapid transit through 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.

An act in relation to the capital stock of corporations,” 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 for the improvement of Myrtle avenue in the city of Brooklyn,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the affairs of cities.

"An act to provide for the holding of courts of oyer and terminer for the trial of certain cases by justices of the supreme court to be assigned for that purpose," 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 incorporate the New Paltz Savings Bank, passed March 22, 1871,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks.

“An act to repeal chapter 668 of the Laws of 1871, entitled 'An act to provide for the payment of counsel required to be employed on behalf of the State, in pursuance of the provisions of section 2 of chapter 321 of the Laws of 1870,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

“An act authorizing the Canal Commissioners to settle for work done under the contract for raising tow-path on sections numbers twelve, thirteen, sixteen, twenty-two, and twenty-three of the extension of the Chenango canal,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act to amend an act entitled 'An act to authorize the Canal Commissioners to construct a swing-bridge over the Erie canal on Buffalo street, in the city of Rochester, and to use the materials of the old bridge in constructing a bridge over said canal to connect Munger and Averill

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streets in said city,' passed April 7, 1871," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

“An act to authorize the Canal Commissioners to construct a bridge over the Erie canal, at Austin street, in the city of Buffalo," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

“An act to amend an act to provide for the incorporation of insurance companies, passed June 25, 1853," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance.

“An act in relation to proceedings for the safe keeping and care of lunatics,” 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 change the name of the Brooklyn City, Hunter's Poiut and Prospect Park Railroad Company to the Crosstown Railroad Company of Brooklyn,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

"An act to incorporate the Ramapo Hunting and Villa Park Association in the county of Rockland," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

"An act for the improvement of the main, middle, and north branches of Grass river," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

“An act to provide for the payment of certain officers and employes of the Senate and Assembly for their services,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

“An act to establish a rapid transit steam ferry between Westchester county and New York city," 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.

“An act to incorporate the New York and Queens County Bridge Company for the purpose of constructing and maintaining a bridge over the East river between the city of New York and the county of Queens," 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.

An act to repeal chapter 889 of the Laws of 1871, entitled 'An act to amend chapter 160 of the Laws of 1866, entitled An act to facilitate the construction of the Schoharie Valley railroad ;' also, chapter 616 of the Laws of 1867, entitled 'An act to reduce the number of directors of the Schoharie Valley Railroad Company, to re-enact the portions of the chapter so amended, and other acts which were repealed by said chapter 859 of the Laws of 1871, and for the election of directors of said railroad company ;' also, relative to the stock of said railroad company held or owned by the town of Schoharie,” which was read the first time, and by unanimous consent was also read the second time, and referred to the mittee on railroads.

"An act authorizing the holding of the courts required to be held in the county of Warren at the village of Glen's Falls until the completion of the new court-house in said county," which was read the first time,

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

Mr. Madden, from the committee on railroads, to which was recommitted the bill entitled "An act to authorize the comptroller of the city of New York to carry into effect certain powers and duties heretofore conferred upon the commissioners of the sinking fund of the said city,” reported that they have amended the title, pursuant to instructions, so as to read as. follow's: “An act to amend an act entitled 'An act to authorize the construction of a railroad through Twenty-third street, in the city of New York,' passed May 10, 1869, so as to authorize the comptroller of the city of New York to carry into effect the powers conferred by the first section of the above act, upon the commissioners of the sinking fund of the city of New York, in relation to the advertising and sale of the franchise for building such railroad, to the highest bidder, on paying the amount of such bid or giving security for such payment satisfactory to said comptroller, so as to authorize the said comptroller to issue the certificate of title to such grant mentioned in said first section of said act to Sidney A. Yeomans, or to his assigns, and granting all the rights, privileges, powers, and benefits conferred and prescribed in the second, third, and fourth sections of said act to said Sidney A. Yeomans and his assigns, and requiring him or his assigns to finish, complete, and equip said road within eight months from the time of receiving such certificate.”

Mr. Tiemann moved to lay said bill upon the table.

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.
Allen
Graham
Lewis

Tiemann J. Wood
Bowen

6 FOR THE NEGATIVE. Adams Chatfield Foster

Madden

Wagner
Baker
Cock
Harrower O'Brien

Weismann Benedict Dickinson McGowan Robertson D. P. Wood 15

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:

FOR THE AFFIRMATIVE.
Adams
Cock
Lord
O'Brien

Wagner
Baker
Dickinson Lowery Perry

Weismann
Benedici
Foster

McGowan Robertson D. P. Wood
Chatfield Harrower
Madden

18
FOR TIIE NEGATIVE.
Allen
Graham
Tiemann
J. Wood

Woodin
Bowen
Lewis
Winslow

8 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence in said amendments.

By unanimous consent, Mr. Adains asked and obtained leave to introduce a bill entitled “An act.to amend section 10 of title 3, and section 1 of title 10 of chapter 77 of the Laws of 1870, passed March 16, 1870, relating to the appointment to office by the mayor of the city of Albany, which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the affairs of cities.

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By unanimous consent, Mr.Weismann asked and obtained leave to introduce a bill entitled “An act to authorize the Patriot Orphan Home to convey real estate,” 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. Bowen asked and obtained leave to introduce a bill entitled "An act to authorize the selection and location and purchase of certain grounds for a public park in the city of Lockport, and to provide for the maintenance and establishment thereof,” which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Bowen, and by unanimous consent, said bill was ordered engrossed for a third reading.

By unanimous consent, Mr. Dickinson asked and obtained leave to introduce a bili entitled "An act to amend an act entitled 'An act to allow the Mutual Protection Life Assurance Society to increase its capital,' passed April 29, 1871," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance.

By unanimous consent, Mr. Lowery asked and obtained leave to introduce a bill entitled "An act to enable the several cities and towns of the State, which have not already done so, to refund the money expended in furnishing substitutes, or in commutation by the men who were drafted into the military service of the United States, and held to service in the several drafts under the conscription act of the United States, entitled ‘An act for enrolling and calling out the national forces, and for other purposes, approved March 3, 1863, and the acts amendatory thereto,' while the gation of the commutation by the payment of $300 remained, and for the relief of the men who entered the service under said drafts," 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. Murphy asked and obtained leave to introduce a bill entitled "An act in relation to filling sunken lots in the city of Brooklyn,” 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. Baker asked and obtained leave to introduce a bill entitled “An act further defining the powers and authority of the board of audit created under chapter 9 of the Laws of 1872, passed January 30, 1872," which was read the first time, and by unanimous consent was also read the second time, and referred to the comunittee on the affairs of cities.

The hour of twelve o'clock having arrived, the President announced that, pursuant to law and agreeably to a joint resolution of the Senate and Assembly, the Senate would proceed to nominate a candidate for Regent of the University to supply the vacancy occasioned by the death of Erastus Corning.

Whereupon each Senator, as his name was called, rose in his place and named as follows :

FOR HENRY R. PIERSON.
Adams
Chatfield Lewis

Perry

Winslow
Allen
Dickinson Lowery

Robertson D. P. Wood
Baker
Foster
McGowan Wagner

J. Wood
Benedict
Graham
Palmer

Weismann Woodin
Bowen
Harrower

22

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