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The Assembly bill entitled "An act to authorize the board of supervisors of the county of Clinton, to change the site of the county poor house buildings," 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:

Boardman
Brandreth
Burhans

Darling

Ely

Foote
Halsted

Hubbell

Johnson

Laflin

Boardman
Burhans

Ely

FOR THE AFFIRMATIVE.

Loveland

Mather
Paterson

23

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, with amend

ments.

Brandreth
Darling

Pratt

Prosser

The hour of 12 o'clock having arrived, the President announced the special order, being 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."

Scott

Sloan

Smith

Truman

Mr. Ely moved to recommit said bill to the committee on railroads, with instructions to report back immediately, to amend by striking out the following words: "city, and to permit the use thereof by the New York and New Haven Railroad Company, to the same point."

Halsted
Laflin

Mather

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

FOR THE AFFIRMATIVE.

Paterson
Pratt

Schell

Foote
Hubbell

O. B. Wheeler

W. A. Wheeler
John D. Willard
Williams

Scott
Sloan

Spinola

FOR THE NEGATIVE.

Loveland
Prosser

Smith

Truman

John D. Willard
Williams

15

W. A. Wheeler

8

Mr. Darling, from the committee on railroads, to which was recommitted the bill entitled "An act to extend the charter of the N. Y. & Harlem Railroad Company, and to determine the mode of using the same in the streets of New York," with instructions to amend, reported that the committee have made the amendments thereto directed, and as amended, recommend its passage.

Mr. Spinola moved to reconimit to the committee on railroads, with instructions to report back forthwith, amended as follows: "so that the New York and New Haven Railroad Company shall not run their cars or locomotives over any track or tracks now built in the State of New York, or that may hereafter be built in this State, until such times as the said New York & New Haven Railroad Company shall redeem from the citizens of this State, the certificates of stock held by such citizens, and which was issued by the lawful agent of said N. Y. & N. H. R. R. Co., and which has been repudiated by said Company as fraudulent."

Before taking the question on the amendment, the President announced that the hour of 12 o'clock, having arrived, the final question must be taken under the rule adopted on Friday.

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:

Boardman
Brandreth

Burhans

Darling
Diven

Laflin

Boardman
Brandreth

Ely
Foote

Burhans

Darling

Diven

Hubbell

Johnson

Brandreth

Burhans

Darling
Diven
Ely

FOR THE AFFIRMATIVE.

Loveland

Mandeville
Mather

Pratt

Paterson

Truman

4

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

The bill entitled "An act to provide for the better regulation and keeping of the poor house in the county of Wayne, and for other purposes," was read a third time.

Ely
Foote
Halsted

Johnson

Laflin

Prosser
Schell

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:

Scott

Sloan

FOR THE NEGATIVE.

Spinola

Foote
Halsted

Hubbell

Johnson
Laflin

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Mather

Paterson

Pratt

Smith

W. A. Wheeler
John D. Willard
Williams

21

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

By unanimous consent, Mr. Diven moved to suspend so much of the rule as follows: "and no bill shall be read the third time without being printed," so that the bill entitled "An act to provide for the payment to John A. King the amount of money paid by him for the troops stationed at Quarantine, Staten Island," may now be read.

FOR THE AFFIRMATIVE.

Loveland
Mandeville

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

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, and three-fifths of said members being present, as follows:

Prosser
Schell

Sloan
Smith

Truman

W. A. Wheeler
John D. Willard
Williams

22

and

Truman

O. B. Wheeler
W. A.Wheeler
John D. Willard

23

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, with amend

ments.

On motion of Mr. Pratt,

Resolved, That the Governor be respectfully requested to communicate to the Senate whether any reports of pardons and reprieves have been made from the Executive Department, as provided by section 5, article 11 of the Constitution.

Mr. Halsted called for the consideration of the following resolution:

Resolved, (If the Assembly concur,) That the Legislature adjourn on Friday, the 18th inst., until Wednesday, the 23d, at half-past 7 o'clock, P. M.

Mr. Truman moved to amend, by striking out "Friday, 18th inst.," and insert "Thursday, 17th inst;" also, strike out "Wednesday, 23d," and insert "Thursday, 24th."

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

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

Mr. Diven moved to take from the table the resolutions relative to the purchase of Cuba.

Mr. Smith moved to lay that motion on the table.

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 said motion to take from the table, and it was decided in the negative.

Mr. Diven moved to make the resolutions the special order for Thursday next, at 12 o'clock.

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

Mr. Loveland offered the following resolution:

Resolved, That a select committee be appointed by the President of the Senate, to investigate all charges made by the Senator from the 9th district, affecting the characters of members and officers of the present Legislature, and that they have power to send for persons and papers.

Mr. John D. Willard moved that the resolution be laid on the table until to-morrow, at 11 o'clock, to the end that the Senator from the 9th may be in his place, and that it be made the special order for that time.

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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Boardman
Brandreth

Darling

Ely
Halsted

Boardman
Brandreth

Burhans

Foote
Hubbell
Laflin

Burhans

Ely
Halsted

Boardman
Brandreth

Darling

Mr. Ely moved that the further consideration of the resolution be postponed until to-morrow, at 1 o'clock.

Johnson
Mandeville

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

Darling
Foote

Hubbell

Johnson
Mandeville

FOR THE NEGATIVE.

Loveland
Mather

Schell

Foote
Hubbell

Laflin

Smith
Truman

[blocks in formation]

FOR THE NEGATIVE.

Laflin
Loveland
Mather

Schell
Scott

Smith

15

Mr. John D. Willard moved that the resolution lie on the table until to-morrow morning immediately after reading the journal.

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

FOR THE AFFIRMATIVE.

Paterson
Pratt

W. A. Wheeler
Williams

Prosser
Scott

FOR THE NEGATIVE.

Loveland

Mather

Schell

13

Smith
Truman

John D. Willard

8

Truman

W. A. Wheeler
Williams

Sloan

John D. Willard

11

W. A. Wheeler
Williams

13

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

The Senate adjourned to 7 o'clock..

HALF-PAST SEVEN O'CLOCK, P. M.,

The Senate again met.

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 amend an act entitled 'An act for the incorporation of cities and villages, passed December 7, 1847,' so far as the same relates to the village of Oneida, in the county of Madison, and to provide for the erection of a watch house in said village."

Assembly bill, "An act to amend an act entitled 'An act to incorporate the Bloomingdale Savings Bank,' passed April 17, 1854.”

"An act to amend section 53, title 4, chapter 6, of the 2d part of the Revised Statutes, relative to suits against heirs and devisees."

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

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

Mr. Hubbell, 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."

"An act to amend an act entitled 'An act to regulate the sale of keg oysters,' passed April 10, 1849.”

Assembly bill, "An act to amend chapter 9, title 9, article 8, part 1st of the Revised Statutes, entitled 'regulations and penalties concerning the navigation of the canals and the collection of tolls.'

999

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

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

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

By unanimous consent, Mr. Scott moved to reconsider the vote adopting the resolution to adjourn from Thursday evening, 17th inst., to Thursday evening, 24th inst.

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

Mr. Boardman moved to amend, by striking out "Thursday evening, 17th inst.," and inserting "Friday evening, 18th inst."

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 said resolution, and it was decided in the affirmative, as follows:

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Darling
Foote

FOR THE AFFIRMATIVE.

Johnson

Loveland
Mandeville

Laflin
Paterson

Mather
Pratt

Schell

FOR THE NEGATIVE.

Prosser
Scott

Sloan

Smith

John D. Willard W. A. Wheeler Williams

Spinola

10

By unanimous consent, Mr. Halsted moved to suspend so much of the 38th rule as prohibits a resolution being sent to the Assembly on the day of its passage, so that the resolution for adjournment may at at once be transmitted.

14

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