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

"An act to amend chapter 845 of the Laws of 1869, entitled 'An act to amend an act entitled An act concerning the proof of wills, executors and administrators, guardians and wards, and surrogates' courts,' passed May 16, 1837."

Mr. Tiemann, from the special committee appointed to examine into the matter of the alleged frauds in building the ninth district court-house and third district court-house in the city of New York, presented a report thereon; which was laid upon the table and ordered printed.

(See Doc. No. 25.)

Mr. Madden gave notice that he would, at an early day, ask leave to introduce a bill in relation to the practice in suits in courts of justices of the peace in the State of New York.

Mr. Tiemann gave notice that he would, at an early day, ask leave to introduce a bill to authorize the Bleecker Street and Fulton Ferry Railroad Company of the city of New York to extend their railroad tracks through certain streets and avenues in the city of New York.

Mr. Foster gave notice that he would, at an early day, ask leave to introduce a bill to confirm the purchase of the Lake Ontario, Auburn and New York railroad by the New York and Oswego Midland railroad, and to extend said railroad to Ithaca.

By unanimous consent, Mr. Benedict asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to incorporate an association for the relief of respectable and indigent females in the city of New York, passed March 4, 1815,' and the acts continuing in force and amending the same," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on charitable and religious societies.

In pursuance of previons notice, Mr. Robertson asked and obtained leave to introduce a bill entitled "An act to authorize the building of an addition to the court-house at White Plains, Westchester county, and to provide for the issuing of bonds for the purpose of building the same,' which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs.

In pursuance of previous notice, Mr. Robertson asked and obtained leave to introduce a bill entitled "An act to provide for the election of town officers and the transaction of town business in the town of Greenburgh, 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 the judiciary.

By unanimous consent, Mr. Johnson asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to authorize the formation of corporations for manufacturing, mining, mechanical or chemical purposes,' passed February 17, 1848," 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. J. Wood asked and obtained leave to introduce a bill entitled "An act relating to husband and wife dying intestate," 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. J. Wood asked and obtained leave to introduce a bill entitled "An act to establish a civil code," which was read [SENATE JOURNAL.]

17

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. J. Wood asked and obtained leave to introduce a bill entitled "An act to enable the commissioners appointed to revise the statutes to incorporate in their report the political and penal codes, or so much thereof as they shall deem advisable," 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. Perry asked and obtained leave to introduce a bill entitled "An act to amend 'An act relating to the New York and Long Island Ferry Company,' passed March 26, 1872," 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.

By unanimous consent, Mr. Perry asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act relating to the supreme court, and to the election of a judge of the court of common pleas in and for the city and county of New York,' passed April 27, 1870," 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. Lewis asked and obtained leave to introduce a bill entitled "An act extending the time for the building of the road of the Buffalo East Side Street Railway Company," 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. Foster asked and obtained leave to introduce a bill entitled "An act to confirm the purchase by the New York and Oswego Midland Railroad Company of a portion of the road bed and rights of the Lake Ontario, Auburn and New York railroad, and to authorize said New York and Oswego Midland Railroad Company to construct a railroad from its Auburn branch to or near the village of Ithaca," which was read the first time, and by unanimous consent was also read the second time, and referred to the committe on railroads.

The bill entitled "An act to amend chapter 845 of the Laws of 1869, entitled 'An act to amend an act entitled An act concerning the proof of wills, executors and administrators, guardians and wards, and surrogates' courts,' passed May 16, 1837," having been announced for a third reading, On motion of Mr. Robertson, and by unanimous consent, said bill was

amended as follows:

After the enacting clause, insert the following:

"Section 1. Section 1 of chapter 845 of the Laws of 1869 is hereby amended so as to read as follows":

Said bill was then 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. Winslow offered the following:

Resolved, That when the Senate adjourn to-day it adjourn to meet on Monday evening at half-past seven o'clock.

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

On motion of Mr. Benedict, the Senate went into executive session; and, after some time spent therein, the doors were opened, and the Senate resumed legislative business.

Mr. Allen moved that the bill entitled "An act to authorize the village of Jamestown to borrow money, and to subscribe to the capital stock of manufacturing and mechanical corporations," be recommitted to the committee on the affairs of villages.

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

The Senate then 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 amend an act entitled 'An act to establish a recorder's court in the city of Utica, and for other purposes,' passed May 7, 1844, and acts amendatory thereof."

"An act in relation to the Schuylerville and Upper Hudson Railroad Company"

"An act to establish a board of health in and for the city of Brooklyn." After some time spent therein, the President resumed the chair, and Mr. Tiemann, from said committee, reported in favor of the passage of the first and second named bills, which report was agreed to, and said bills ordered engrossed for a third reading.

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

Mr. J. Wood moved that the bill entitled "An act for the better prevention of disease and cruelty," 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 Senate again resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled as follows:

Assembly, "An act to authorize the boards of supervisors of the several counties of the State to levy a tax to pay the three and one-half mills tax for canals and general deficiencies and to authorize a loan for that purpose, and to ratify the acts of any board of supervisors in issuing bonds to meet said tax or in extending any loan to enable said boards of supervisors to pay said tax."

Assembly, "An act to legalize the action of a special town meeting in the town of Rhinebeck, county of Dutchess."

"An act to provide for the payment of Warren T. Worden for his serwices as counsel on the trial of Adam Fralick, for the crime of arson, at a special term of a court of oyer and terminer, held at Auburn, in and for the county of Cayuga, in June, 1872.

After some time spent therein, the President resumed the chair, and Mr. Perry, from said committee, reported in favor of the passage of the first and second named bills, which report was agreed to, and said bills ordered to a third reading.

Mr. Perry, from the same committee, reported in favor of the passage of the last named bill, with amendments.

Mr. J. Wood moved to amend by restoring the section stricken out of said bill in the committee of the whole.

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

Mr. J. Wood moved that the report of the committee be disagreed to, and that said bill be recommitted to the committee on the judiciary. Mr. Allen moved to amend by adding thereto the words "with the instructions to strike out the enacting clause."

Mr. Johnson moved that the Senate adjourn.

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

MONDAY, FEBRUARY 3, 1873.

The Senate met pursuant to adjournment.

Prayer by Rev. Mr. Selkirk.

The journal of Friday, January 31st, was read and approved.

Mr. Robertson presented a petition of Elizabeth Werner for the release of the interest of the people of the State of New York in certain real estate; which was read and referred to the committee on the judiciary.

Mr. Lowery presented a petition of tax-payers in the city of Utica asking for the passage of a law creating a board of charities in and for said city; which was read and 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 in relation to the Schuylerville and Upper Hudson Railroad Company."

"An act to amend an act entitled 'An act to establish a recorder's court in the city of Utica, and for other purposes,' passed May 7, 1844, and acts amendatory thereof."

The Assembly sent for concurrence the bills entitled as follows:

"An act to amend an act entitled 'An act to incorporate the Protectives No. 1 of the city of Rochester,' passed March 28, 1860," 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 authorize writs of mandamus and of prohibition to issue to the special term of the supreme court, or to any justice thereof holding such term or sitting at chambers," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciciary.

"An act to incorporate the Guilderland Mutual Insurance Association, and for other purposes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance.

The Assembly returned the concurrent resolution relative to weighing and stamping documents sent by mail or express, and the keeping of an account thereof by the postmasters of the Senate and Assembly, with a message that they had concurred in the passage of the same.

The Assembly returned the concurrent resolution relative to authorizing the Secretary of State to print the Session Laws upon paper and in type similar to that of Edmonds' Statutes at Large, with a message that they had concurred in the passage of the same.

The Assembly returned the following entitled bill, with a message that they had concurred in the passage of the same:

"An act to amend an act entitled 'An act to provide for a commission to propose amendments to the Constitution.'"

Ordered, That the Clerk deliver said bill to the Governor.

By unanimous consent, Mr. Lewis asked and obtained leave to introduce a bill entitled "An act to authorize the city of Buffalo to exchange lands with John C. Lord," 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. Adams asked and obtained leave to introduce a bill entitled "An act to incorporate the Albany Board of Underwriters," 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. Bowen asked and obtained leave to introduce a bill entitled "An act to amend chapter 567 of the Laws of 1872, entitled 'An act conferring additional powers upon the trustees of the village of Batavia," 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. Woodin asked and obtained leave to introduce a bill entitled "An act to regulate rates of passenger fare upon the Southern Central railroad," 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. Woodin asked and obtained leave to introduce a bill entitled "An act to incorporate the New York Warehouse and Railway Company, and to provide improved wharves and warehouses in the city of New York; and also adequate means for the transportation of freight and passengers within the city of New York and 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 railroads.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bill entitled as follows:

"An act to organize a board of school commissioners in and for the city of Troy."

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