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, 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.

The Assembly returned the bill entitled "An act creating a Board of Commissioners of Emigration and conferring therein certain powers and duties," with a message that they had non concurred in the amendments of the Senate thereto, and have appointed a committee of conference thereon, consisting of Messrs. Husted, Mackay, Judd, Geib, and Campbell, and request a like committee on the part of the Senate.

Mr. Perry moved that a committee of conference be appointed on the part of the Senate.

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

The President announced as such committee, on the part of the Senate, Messrs. Perry, Allen, and Johnson.

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have appointed a committee of conference thereon.

Mr. Chatfield, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act to provide for laying out and opening a public road or highway in the town of Geddes, Onondaga county," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Graham, from the committee on internal affairs, to which was referred the Assembly bill entitled "An act to enable the electors of the town of Wilna, in the county of Jefferson, to vote by districts for town officers," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Benedict, from the committee on literature, to which was referred the Assembly bill entitled "An act to enable the Commissioners of the Land Office to convey a school-house lot to the trustees of school district No. 3 in the town of Dannemora," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Benedict, from the committee on the affairs of cities, to which was referred the Assembly bill entitled "An act in relation to certain suits and proceedings by and against the late Metropolitan fire department," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Weismann, from the committee on public health, to which was referred the Assembly bill entitled "An act to incorporate the New York Homœopathic Surgical Hospital in the city of New York," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

The committee of conference upon the matters in difference between the Senate and Assembly upon the bill entitled "An act to amend an act entitled 'An act for the further extention of Prospect park, in the city of Brooklyn,' passed April 24, 1868," recommend that the Assembly concur in the amendment of the Senate thereto, and that the two Houses concur in an amendment to perfect the bill by inserting, after the words each and every year," in section 1, the words "commencing with the year 1873."

HENRY C. MURPHY,
W. H. ROBERTSON,
JAMES WOOD,

Senate Committee.

JOHN C. JACOBS,
EUGENE D. BERRI,
CHAS. B. MORTON,
EDWARD D. WHITE,

66

Assembly Committee.

The President put the question whether the Senate would agree to the report of the conference committee, 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 agreed to the report of the committee of conference.

Mr. Winslow, from the select committee of nine, reported the following entitled bills complete:

Assembly, "An act repealing the act entitled 'An act to incorporate the Port Jervis Driving Park Association,' passed March 22, 1871."

Assembly, "An act to amend an act entitled 'An act to erect the village of Middleburgh into a separate road district,' passed April 7, 1859, and the acts amendatory thereof, passed February 15, 1867, and March 20, 1871."

Assembly, "An act to release the interest of the people of this State in certain lands to Sarah Mann, and to authorize her to hold and convey the same."

"An act to release to Frederick Schleuter all the right, title, and interest of the people of the State of New York in and to certain premises in the town of Northfield, in the county of Richmond, and to confirm the title to said premises."

Assembly, "An act to authorize the president and trustees of the vil lage of West Troy to raise by tax, upon the taxable property within said village, the sum of four thousand four hundred and forty-six dollars and seventy-three cents to pay the outstanding indebtedness of said village."

"An act to amend an act entitled 'An act regulating the sale of intoxicating liquors,' passed April 11, 1870."

Assembly, "An act to amend chapter 209 of the Laws of 1847, entitled 'An act in relation to cemeteries in incorporated villages."

Assembly, "An act further to amend chapter 319 of the Laws of 1848, entitled 'An act for the incorporation of benevolent, charitable, scientific, and missionary societies,' and the several acts amendatory thereof." Assembly, "An act to provide for the care and maintenance by the Canal Commissioners of certain bridges over a portion of the Black river used for canal purposes.

Assembly, "An act authorizing the city of Binghamton to use a portion of the Chenango canal for a public street."

Assembly, "An act to amend an act entitled 'An act to provide for the improvement of Newtown creek between Maspeth avenue and Metropopolitan avenue,' passed April 12, 1871.”

Assembly, "An act to provide means for the support of the Inebriates' Home for Kings county, and the better government thereof."

Assembly, "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."

Assembly, "An act relative to the care and education of deaf-mutes." The President put the question whether the Senate would agree to said report, and it was decided in the affirmative.

Ordered, That said bills be read a third time.

The Assembly returned the bill entitled "An act to authorize a tax of seven-tenths of a mill per dollar of valuation of the year 1872 for the construction of new work upon, and extraordinary repairs of, the canals of this State," with a message that they had non-concurred in the amendments of the Senate thereto, and appointed a committee of conference thereon, consisting of Messrs. Fort, Alvord, Hollister, Swain, and Mosher, and request a like committee on the part of the Senate.

Mr. Lewis moved that a committee of conference be appointed.

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

The President announced as such committee, on the part of the Senate, Messrs. Lewis, Bowen, and Lord.

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have appointed a committee of conference thereon.

Mr. J. Wood, from the committee on the judiciary, to which was referred the several bills proposing amendments to the Code of Procedure, reported by bill entitled "An act to amend chapter 379 of the Laws of 1848, entitled 'An act to simplify and abridge the practice, pleadings, and proceedings of the courts of this State,' passed April 12, 1848;" which report was agreed to.

Mr. Benedict offered the following:

Resolved, That hereafter the Senate meet at ten o'clock, A. M.; take a recess at two o'clock, P. M., till four o'clock, P. M.; take a recess at six o'clock, P. M., till half-past seven o'clock, P. M., every day, except Sunday, till the final adjournment, except when otherwise ordered by the Senate. The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.

Mr. D. P. Wood, from the committee on finance, to which was referred the Assembly bill entitled "An act to reimburse the commissioners named in chapter 653 of Laws of 1869, for moneys expended by them in the

discharge of their trust conferred by the provisions of said act," with power to report complete, reported in favor of the passage of the same; which report was agreed to, and said bill ordered to a third reading.

Mr. D. P. Wood moved that an executive session be held this day at one o'clock and forty-five minutes, P. M.

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

Mr. J. Wood, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to amend chapter 110 of the Laws of 1871, entitled 'An act to amend an act entitled An act in relation to the fees of county treasurers, passed May 11, 1846,' passed March 15, 1871," reported in favor of the passage of the same.

On motion of Mr. Madden, and by unanimous consent, the rules were suspended, and said bill 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 return said bill to the Assembly, with a message informing that the Senate have concurred in the passage of the

same.

On motion of Mr. D. P. Wood, the Senate then resolved itself into a committee of the whole, and proceeded to the consideration of the special order, being the bill entitled as follows:

"An act making appropriations for certain expenses of government, and for supplying deficiencies in former appropriations."

And after some spent therein, the hour of one o'clock and forty-five minutes having arrived, the President resumed the chair, and announced executive session; and, after some spent therein, the doors were opened, and the Senate resumed the consideration of legislative business.

Mr. J. Wood, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act to amend chapter 150 of the Laws of 1837 authorizing a loan of certain moneys belonging to the United States deposited with the State of New York for safe keeping,' passed May 2, 1864, so far as the same relates to the county of Jefferson," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Dickinson, from the committee on the affairs of villages, to which was referred the Assembly bill entitled "An act authorizing the trustees of the village of Tonawanda to raise money by tax to pay the indebtedness of said village," reported in favor of the passage of the same.

On motion of Mr. Dickinson, and by unanimous consent, said bill was ordered to a third reading.

Mr. Graham, from the committee on internal affairs, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act regulating the sale of intoxicating liquors,' passed April 11, 1870," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Dickinson, from the committee on the affairs of villages, to which was referred the Assembly bill entitled "An act to amend section 2 of chapter 203 of Laws of 1863 relating to the village of Niagara City, in the county of Niagara," reported in favor of the passage of the same. On motion of Mr. Bowen, and by unanimous consent, said bill was ordered to a third reading.

Mr. Baker, from the committee on charitable and religious societies, to which was referred the Assembly bill entitled "An act to incorporate the Quincy Rural Cemetery Association in the town of Ripley and county of Chautauqua," reported in favor of the passage of the same. On motion of Mr. Allen, and by unanimous consent, said bill was ordered to a third reading.

Mr. Baker, from the committee on charitable and religious societies, to which was referred the Assembly bill entitled "An act authorizing the trustees of the Quincy Rural Cemetery Association, in the town of Ripley, county of Chautauqua, to purchase additional lands to enlarge their burying-grounds on lot No. 14 of Holland Land Company's survey, near the village of Quincy, to plat and lay the same out into lots, and to regulate the price thereof," reported in favor of the passage of the same.

On motion of Mr. Allen, and by unanimous consent, said bill was ordered to a third reading.

Mr. Graham, from the committee on internal affairs, to which was referred the Assembly bill entitled "An act to provide for increased penalties for riding or driving any animal or animals across the bridges over the streams in the town of Ellisburgh, in the county of Jefferson," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Graham, from the committee on internal affairs, to which was referred the Assembly bill entitled "An act to confirm the election of game constables in the several towns of Lewis county," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

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

"An act to release to Frederick Schleuter all the right, title, and interest of the people of the State of New York in and to certain premises in the town of Northfield, in the county of Richmond, and to confirm the title to said premises."

"An act to amend an act entitled 'An act regulating the sale of intoxicating liquors,' passed April 11, 1670."

"An act to establish the St. Paul's American Protestant Episcopal Church at Rome, Italy, by a Board of Trustees in New York city." Mr. Woodin moved that the session be extended ten minutes.

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

The hour of two o'clock having arrived, the Senate took a recess until four o'clock, P. M.