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which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the incorporation of cities and villages.

Mr. Scott gave notice that he would at an early day ask leave to introduce a bill in relation to the auditing of accounts by the board of supervisors of the county of Montgomery, and the duties of certain officers of said county in connection therewith.

Mr. Diven gave notice that he would at an early day, ask leave to introduce a bill to prevent the unnecessary expenditure of money on the Chemung canal.

Mr. Brandreth gave notice that he would at an early day ask leave to introduce a bill entitled "An act of incorporation of the Port Morris Land and Improvement Company."

Mr. Spinola gave notice that he would at an early day, ask leave to introduce a bill entitled "An act in relation to land under water in the city of Brooklyn, and adjacent thereto.'

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In pursuance of previous notice, Mr. Burhans asked and obtained leave to introduce a bill entitled “An act to amend the act requiring certain highway assessments worked on the turnpike road of the Schoharie Kill Bridge Company, to be worked under the direction of that Company, passed April 17, 1851," 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.

Mr. Spinola moved to postpone the third reading of the bill entitled "An act to extend the charter of the New York and Harlem Railroad Company, and to determine the mode of using the same in the streets of New York," for fifteen minutes.

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 the general orders, being the bills entitled as follows:

"An act to authorize the adjustment of certain claims and their application upon a debt held by the State against the Bank of Orleans."

"An act in relation to plankroads and turnpike roads."

'An act to release the interest of the State in certain lands of which Henry Smith died seized, to Thomas Smith."

And after some time spent thereon, Mr. J. A. Willard from said committee, reported in favor of the passage of said first and second mentioned bills, with amendments, which report was agreed to, and said bills ordered engrossed for a third reading.

Mr. J. A. Willard, from said committee, reported in favor of the passage of said third mentioned bill, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Spinola moved to recommit the bill entitled "An act to extend the charter of the New York and Harlem Railroad Company, and to determine the mode of using the same in the streets of New York," to the committee of the whole, with instructions to strike

out the first section of the act, and to report the same back to the Senate immediately.

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

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Mr. Spinola moved to recommit said bill to the committee of the whole, with instructions to add an additional section to the act, which shall provide that no greater rate of fare shall be charged for the conveyance of passengers on the cars referred to in the first section of the printed bill, as "small cars," than will pay greater rate of interest than seven per cent, on the actual cost of the construction of that part of the track of the said Harlem Railroad now constructed and in use, below 42d street, in the city of New York, or that may hereafter be constructed by said Harlem Railroad Company, or any one for them, upon any part of 42d street or Madison avenue in said city, as provided in an ordinance passed by the mayor, aldermen and commonalty of the city of New York, Dec. 22, 1858, and approved Dec. 31, 1858, after deducting the necessary expenses of running said "small cars" on said roads.

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

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Mr. Diven moved that said bill be.laid on the table.

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

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

Assembly bill, "An act to change the name of Margaret Skivington to Winnie Alida Ostrander."

"An act to amend title 1, of chapter 2, of the fourth part of the Revised Statutes, relative to proceedings to prevent the commission of crimes."

"An act to extend the term of service of Supervisors."

And after some time spent therein, Mr. Paterson, from said committee, reported in favor of the passage of said first and second mentioned bills, which report was agreed to, and said bills ordered engrossed for a third reading.

Mr. Paterson, from said committee, reported progress on said third mentioned bill, and asked and obtained leave to sit again.

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

66 'An act to change the name of the Williamsburgh and Cypress Hill Plankroad Company."

"An act in relation to the Troy Waterworks."

"An act authorizing the board of supervisors of the county of Wayne, to abolish the fees of the offices of county judge and surrogate of said county."

And after some time spent therein, Mr. Halsted, from said committee, reported progress on said first mentioned bill, and asked and obtained leave to sit again.

Mr. Halsted, from said committee, reported in favor of the passage of said second mentioned bill, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Halsted, from said committee, reported in favor of the passage of said third mentioned bill, with amendments, which report was agreed to, and said bill ordered engrossed for a third reading.

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

Assembly bill, "An act to amend the articles of association of the Mutual Bank, Troy."

"An act to authorize the reduction of the capital stock of the Mohawk Bank, of Schenectady."

"An act releasing to Elizabeth Farrelly and James Farrelly, the interest of the State in certain lands acquired by escheat."

And after some time spent therein, Mr. Diven from said committee, reported in favor of the passage of said bills, which report was agreed to, and said bills ordered engrossed for a third reading.

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

“An act authorizing Catharine O'Hern, an alien, to take, hold and convey real estate."

Assembly bill, "An act to change the name of Clarissa Sadler to Clarissa Woodford."

"An act requiring county treasurers to file in the county clerk's office, a report of the moneys and securities in their hands belonging to infants."

After some time spent therein, Mr. Schell, from said committee, reported in favor of the passage of said first and second mentioned

bills, which report was agreed to, and said bills ordered engrossed for a third reading.

Mr. Schell, from said committee, reported progress on said third mentioned bill, and asked and obtained leave to sit again.

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

"An act to amend the charter of the University of Buffalo, and to authorize it to establish and maintain an Academical School." Assembly bill, "An act to amend an act, entitled 'An act for the prevention of frauds upon the canal revenues,' passed April 14, 1855."

Assembly bill, "An act to amend chapter nine, title nine, article eight, part first of the Revised Statutes, entitled 'Regulations and penalties concerning the navigation of the canals, and the collection of tolls.""

And after some time spent therein, Mr. Spinola, from said committee, reported progress on said bills, and asked and obtained leave to sit again.

By unanimous consent, and in pursuance of previous notice, Mr. Brandreth asked and obtained leave to introduce a bill entitled "An act to incorporate the Port Morris Land and Improvement Company," 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, and in pursuance of previous notice, Mr. Brandreth asked and obtained leave to introduce a bill entitled "An act to repeal an act entitled 'An act relating to highways in the town of Greenburgh, county of Westchester,' passed March 14, 1837," 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.

Mr. Schell moved that when the Senate adjourn, it adjourn to meet on Tuesday at 11 o'clock.

Mr. Brandreth moved that the Senate now adjourn.

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

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

Mr. Schell moved that when the Senate adjourn, it be until Monday evening, at 7 o'clock.

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

MONDAY, FEBRUARY 7, 1859.

The Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Falk.

On motion of Mr. Smith,

The reading of the journal was dispensed with.

Mr. Laflin presented a petition of E. C. Delavan, John L. Schoolcraft, and others of the city of Albany, for aid to the Troy University, which was read and referred to the committee on literature.

Mr. Foote presented a petition of citizens of Troy, asking for an appropriation to Madison University, which was read and referred to the committee on literature; also, two petitions of the Maine Law Association, of the town of Hamilton, Madison county, and of the Temperance Society of the same town, for an act prohibiting the sale of intoxicating liquors as a beverage, which were read and referred to the committee on the internal affairs of towns and counties; also, a petition of citizens of Sherburne village, for an act incorporating the Philomathian Society, in said village, which was read and referred to the committee on literature.

Mr. Mandeville presented a memorial of a committee on behalf of the Troy University, and a petition of inhabitants, for a law appropriating fifty thousand dollars in aid of the Troy University, which was read and referred to the committee on literature.

Mr. Halsted, 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 Moravia, in the county of Cayuga, and to repeal existing laws incorporating said village," reported in favor of the passage of the same, with amendments, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act to amend an act to incorporate the village of Rhinebeck, passed April 23, 1834," reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole

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

“An act authorizing Catharine O'Hern, an alien, to take, hold and convey real estate.'

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"An act releasing to Elizabeth Farrelly and James Farrelly, the interest of the State in certain lands acquired by escheat."

"An act authorizing the Board of Supervisors of the county of Wayne, to abolish the fees of the offices of county judge and surrogate of said county."

"An act to authorize the adjustment of certain claims and their [SENATE JOURNAL.]

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