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

6

The third reading of the bill entitled "An act to amend section 8, article 2, title 5, chapter 1 of part 4 of the Revised Statutes, concerning unlaw. ful marriages and incest,'" having been announced—

Mr. Hammond moved to lay said bill on the table.

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

The bill entitled "An act to reorganize the State Asylum for Idiots, and to provide for the government and management thereof," 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 threefifths of said members being present, as follows:

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

The President announced the special order, being the bill entitled "An act to regulate the rate of milk freight on the New York and Harlem railroad."

Mr. Spinola moved to postpone said special order for half an hour. The President put the question whether the Senate would agree to said motion, and it was decided in the negative.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of said special order.

After some time spent therein, the President resumed the chair, and announced executive session.

Mr. Spinola moved that the executive session be postponed until one o'clock.

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

Debate having ensued, and the hour of one o'clock having arrived, the President resumed the chair, and announced executive session.

Mr. Spinola moved to further postpone executive session fifteen minutes. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Debate having ensued, and the hour of fifteen minutes past one having arrived, the President resumed the chair and announced executive session. Mr. Robertson moved to further postpone executive session until halfpast one o'clock.

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

The Senate then resumed the consideration of the special order pending, being the bill entitled as follows:

"An act to regulate the rate of milk freight on the New York and Harlem railroad."

After some time spent therein, the President resumed the chair, and Mr. Grant, from said committee, reported in favor of the passage of said bill, without amendment.

Mr. Spinala renewed the motion made in committee of the whole, to strike out the enacting clause.

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

The President then put the question whether the Senate would agree to the report of the committee of the whole, and it was decided in the affirmative.

Ordered, That said bill be engrossed for a third reading.

By unanimous consent, Mr. Goss moved that when the Senate adjourns this day, it adjourn at two o'clock, instead of fifteen minutes before two. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

The Senate then went into executive session, and after some time spent therein, the doors were opened and legislative business resumed.

By unanimous consent, Mr. Colvin asked and obtained leave to introduce a bill entitled "An act subjecting banking associations in cases of insolvency, to the proceedings authorized by title 4, chapter 8, part 3 of the Revised Statutes," 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. Lapham, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act authorizing the construction of a bridge over the Sing Sing Kill, in the village of Sing Sing, and the raising of money for the payment of the same," reported in favor of the passage of the same.

On motion of Mr. Robertson and by unanimous consent, the rules were suspended and said bill was recommitted to the same committee, to report complete.

On motion of Mr. Williams

Resolved, That the Clerk of the Court of Appeals be requested to send to the Senate, as soon as practicable, a statement of the number of causes entitled to preference by the provisions of chapter 167 of the Session Laws of 1860, which have been heard by the Court of Appeals, at each term thereof, since said chapter became a law, and the number of causes entitled to preference by the provisions of said chapter, which were on the calendar of said Court at the last term thereof and not heard.

The hour of two o'clock having arrived, the President announced that the Senate would stand adjourned until to-morrow at 10 o'clock.

THURSDAY, MARCH 28, 1861.

The Senate met pursuant to adjournment.

Prayer by Rev. Mr. Witherell.

The journal of yesterday was read and approved.

Mr. Manierre presented a petition of James O'Reilly and 100, other citizens of New York, asking for an investigation into the transactions of the common council of said city in relation to the awarding of street cleaning contracts, which was read and referred to the committee on incorporation of cities and villages.

Mr. Connolly presented a petition of owners of property on 66th street, New York, asking for certain amendments to the bill closing Madison square, which was read and referred to the committee on incorporation of cities and villages.

Mr. P. P. Murphy presented a remonstrance of Susan Stahl, against the passage of an act limiting costs on notes given to mutual insurance companies, which was read and referred to the committee on insurance companies.

Mr. Ferry, from the select committee of eight, reported the following Assembly bills as proper to be referred to the several committees reporting them, with power to report complete, to wit:

"An act to amend and consolidate the several acts in relation to the village of Kingston."

An act to consolidate and amend the several acts relating to the village of Watkins, and to enlarge the powers of the corporation of said village." "An act to incorporate the village of Richfield Springs, in the county of Otsego."

"An act to revise, amend and consolidate the several acts relating to the village of Sag Harbor."

"An act authorizing the reconveyance of lots in the Forest Lawn Cemetery, of the city of Buffalo."

"An act to repeal section third of an act in relation to the village of Hempstead, in the county of Queens, passed March 3, 1856, and for other purposes.

"An act to amend an act passed April 9, 1855, entitled 'An act to release and confirm the title to certain lands under water in the South Bay, in the city of Hudson, to the several corporations and persons therein named, and for other purposes.

"An act to alter the commissioners' map of the city of Brooklyn."

"An act to amend an act entitled 'An act to provide for the incorporation of villages, passed December 7, 1847,' and the several acts amendatory thereof, so far as they relate to the village of Corning, in the county of Steuben."

"An act to amend section 1, title 5, chapter 20 of the first part of the Revised Statutes."

"An act to amend an act entitled 'An act to revise and consolidate the laws in relation to the village of Ithaca, in the county of Tompkins,' passed June 14, 1853."

"An act to amend an act entitled 'An act to amend and modify the several acts relating to the village of Newburgh, and to combine the same into one act,' passed May 25, 1836."

"An act to empower Master's Lodge No. 5, of Free and Accepted Masons, in the city of Albany, to hold and convey real and personal estate." "An act to amend the act entitled 'An act in relation to the Grosvenor Library, of the city of Buffalo,' passed April 11, 1859.” Also, the following Senate bilis:

"An act to incorporate the Metropolitan Cab company.

The President put the question whether the Senate would agree to the report of the committee, and it was decided in the affirmative.

Ordered, That said bills be recommitted to the standing committees reporting them, with power to report complete.

Mr. Goss, from the committee on internal affairs of towns and counties, to which was referred the bill entitled "An act entitled 'An act to amend an act concerning the proof of wills, executors and administrators, guardians and wards, and surrogates' courts," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Goss, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill entitled "An act authorizing the reconveyance of lots in the Forest Lawn Cemetery, of the city of Buffalo," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

Mr. Hammond, from the committee on the judiciary, to which was referred the bill entitled "An act subjecting banking associations in cases of insolvency, to the proceedings authorized by title 4, chapter 8, part 3 of the Revised Statutes," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Hammond, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to amend section 1, title 5, chapter 20 of the 1st part of the Revised Statutes," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

Mr. Hammond from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to empower Master's Lodge No. 5, of Free and Accepted Masons, in the city of Albany, to hold and convey real estate," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

Mr. Hammond, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to amend an act passed April 9, 1855, entitled 'An act to release and confirm the title to certain lands under water in the South Bay, in the city of Hudson, in the several corporations and persons therein named, and for other purposes," " with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

Mr. Lapham, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act to extend the charter of the Schuylerville Bridge company," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Lapham, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act authorizing the construction of a bridge over the Sing Sing Kill, in the village of Sing Sing, and the raising of money for the payment of the same,' with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

Mr. Montgomery, from the committee on Indian affairs, to which was referred the bill entitled "An act for the promotion of agriculture and civilization among the Indians in this State," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Montgomery, from the committee on Indian affairs, to which was referred the bill entitled "An act for the protection and improvement of the Cayuga Nation of Indians, residing in this State," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

On motion of Mr. Connolly, and by unanimous consent

Resolved, That the Comptroller of the city of New York be, and he is hereby requested to inform this body, whether any claims have been made by private individuals to any portion of the property known as Hamilton square, and whether the draft of a law which was transmitted to the President of the Senate by the said Comptroller from the Commissioners of the Sinking Fund, will in his opinion, if passed by this Senate, give rise to any question as to the title of the city of New York to said property, and their right to sell and convey the same for private use.

On motion of Mr. Truman, and by unanimous consent

Resolved, That a respectful message be sent to Hon. J. C. G. Kennedy, Superintendent of the United States Census, requesting him to forward to this Senate the census of this State, by counties, in order that the Legislature may proceed to make the proper Congressional apportionment by districts.

Mr. Munroe, from the committee on banks, to which was referred the Assembly bill entitled "An act to authorize the Genesee County bank to reduce its capital stock," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Warner, from the committee on railroads, to which was referred the bill entitled "An act in relation to the Third avenue and Fordham railroad," reported a substitute for the consideration of the Senate, which was committed to the committee of the whole.

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

"An act to regulate the rate of milk freight on the New York and Harlem railroad."

Mr. Manierre, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act to revise and consolidate the laws in relation to the village of Ithaca, in the county of Tompkins,' passed June 14, 1853," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

Mr. Manierre, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act further to amend an act entitled 'An act to incorporate the village of Kinderhook,' passed April 18, 1838," reported in favor of the passage of the same, and said bill was committed to to the committee of the whole.

Mr. Manierre, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act to revise, amend and consolidate the several acts relating to the village of Sag Harbor,' with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

Mr. Manierre, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act to incorporate the village of Richfield Springs, in the county of Otsego," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

Mr. Manierre, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act to amend [SENATE JOURNAL.]

54