Mr. McLean moved that said bill be ordered to a third reading. Mr. President put the question on agreeing to said motion, and it was decided in the affirmative. The yeas and nays being moved and seconded, were as follows, to wit: Mr. Paige Mr. Sparker Mr. Works 10 The Senate then resolved itself into a committee of the whole, on the bill entitled "An act for the relief of the Cohoes Company;" and after some time spent thereon, Mr. President resumed the chair, and Mr. Van Dyck, from the said committee, reported the same without amendment; which was agreed to by the Senate, and the bill ordered to be engrossed for a third reading. The Senate then resolved itself into a committee of the whole, on the bill entitled "An act for the relief of the families of persons sentenced to any of the State prisons of the state of New-York, in certain cases;" and after some time spent thereon, Mr. President resumed the chair, and Mr. Livingston, from the said committee, reported the same without amendment; which was agreed to by the Senate, and the bill ordered to be engrossed for a third reading. Mr. Armstrong, from the committee on banks and insurance companies, brought in a bill, entitled "An act suspending for a limited time certain provisions of law, and for other purposes;" which was read the first time, and by unanimous consent was also read a second time, and committed to a committee of the whole. Ordered, That the said bill be printed. On motion of Mr. Wager, Resolved, That when the Senate adjourns, it adjourn to meet again at half-past three o'clock this afternoon. Then the Senate adjourned until half-past three o'clock, P. M. HALF-PAST THREE O'CLOCK, P. M. The Senate met pursuant to adjournment. The Senate then resolved itself into a committee of the whole, on the bill entitled "An act suspending for a limited time certain provisions of law, and for other purposes;" and after some time spent thereon, Mr. President resumed the chair, and Mr. Spraker, from the said committee, reported the same with amendments. Thereupon, The first section of the said report was read, in the words following, to wit: 1. Every provision of law in force, requiring or authorizing proceedings against any bank in this state, with a view to forfeit its charter, or wind up it concerns, or to subject any individual stockholder to any personal liabilities for the debts of such bank, or which requires such bank to suspend its operations and proceedings, in consequence of a refusal to pay its notes or evidences of debt in specie, is hereby suspended for one year. Mr. Tracy moved to amend the said section, by striking out the following words, in the third and fourth lines: "Or to subject any individual stockholder to any personal liabilities for the debts of such bank." Mr. President put the question on agreeing to said motion, and it was decided in the negative. The yeas and nays being moved and seconded, were as follows, to wit: Mr. Loomis moved to amend said section, by striking out of the last line "for one year," and inserting, "until the first day of February next." Mr. President put the question on agreeing to said motion, and it was decided in the negative. The yeas and nays being moved and seconded, were as follows, to wit: The second section of said report was then read, as follows, to wit: § 2. In any suit prosecuted against any such corporation, or individual stockholder, within the period aforesaid, for non-payment of its debts in specie, no costs shall be recoverable by the party prosecuting, unless the plaintiff shall recover fifty dollars or upwards, and in such cases no costs shall be recovered beyond actual disbursements; and every issue of law or fact joined in such suit shall be brought to trial according to the same rules as apply to other issues joined in the said courts, notwithstanding the provisions of section eleven, of title four, chapter eight of the third part of the Revised Statutes; and the provisions of sections eight, nine and ten, of title four, chapter eight of the third part of the Revised Statutes, shall not be applicable to such suits. Mr. Tracy moved to amend said section, by striking out of the third line the words "no costs shall be recoverable by the party prosecuting, unless," &c. to the word and including "disbursements," for the purpose of inserting the following: "and costs shall be recoverable only in such cases as they are recoverable on judgments against individuals.” [SENATE JOURNAL.] L3 Mr. President put the question on agreeing to said motion, and it was decided in the negative. The yeas and nays being moved and seconded, were as follows, Mr. Maison moved to amend the said section, by inserting after the word "disbursements," in the fifth line, the words "nor interest beyond the rate of seven per cent per annum." Mr. President put the question on agreeing to said motion, and it was decided in the affirmative. The yeas and nays being moved and seconded, were as follows, to wit: Mr. Loomis moved to amend the said section, by inserting after the word "disbursements," in the fifth line, the words following, to wit: "And in any suit against any individual by any such corporation, for any demand due to such corporation, costs shall be recovered only to the same extent." Mr. Mack then moved to amend the said amendment proposed by Mr. Loomis, by striking out the word "for," in the first line, and inserting the words, "brought within the period aforesaid for non-payment in specie of". Mr. President put the question on agreeing to said motion, and it was decided in the affirmative. The yeas and nays being moved and seconded, were as follows, to wit: Mr. President then put the question on the amendment offered Mr. Loomis and amended by inserting the amendment of Mr. Mack, and it was decided in the negative. The yeas and nays being moved and seconded, were as follows, to wit: The yeas and nays being equally divided, Mr. President gave the casting vote in the negative. Mr. Young then moved to amend the said report, by adding thereto the three following sections: Mr. Powers Mr. Spraker Mr. Sterling Mr. Wager |