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

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

On motion of Mr. Schell, the Senate adjourned.

WEDNESDAY, FEBRUARY 16, 1859.

The Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Hathaway.

The journal of yesterday was read and approved.

Mr. Johnson presented a memorial of Anna E. Stannard, for relief, which was read and referred to the committee on the judiciary. Mr. Schell presented a petition of citizens of New York and Brooklyn, to regulate gas companies, which was read and referred to the committee on the incorporation of cities and villages.

Mr. Mather presented a remonstrance of C. H. Marshall, Augustus Whiting, and others, owners of real estate on University Place and Mercer street, against the construction of a railroad track on either of said streets, which was read and referred to the committee on the incorporation of cities and villages; also a petition of citizens of the counties of New York and Kings, praying for relief in regard to the annual rental of gas metres, charged by gas companies, which was read and referred to the committee on the incorporation of cities and villages; also a petition of citizens of Warren co., for the improvement of the Champlain canal, which was read and referred to the committee on canals.

Mr. Sloan presented a remonstrance of Geo. D. Post and others, owners of real estate on Waverly Place, Greene and Mercer streets, against the construction of a railroad track in either of said public highways, which was read and referred to the committee on the incorporation of cities and villages.

Mr. Truman presented a petition of the proprietor of Hugg Town pond, and others, for the better protection of fish in said pond, which was read and referred to the committee on the internal affairs of towns and counties.

Mr. Prosser presented a petition of supervisors of the county of Erie, praying for the repeal of the law making the county clerk a salary office, which was read and referred to the committee on the judiciary.

Mr. Scott, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to empower courts of sessions of the several counties of this State to extend their terms,. and authorizing certain adjournments of such courts; also, allowing county courts and courts of sessions to fix the place of holding said courts," reported in favor of the passage of the same, with an amend[SENATE JOURNAL.]

27

ment, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Scott, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to provide for the appointment of commissioners of deeds in the village of Waterford," 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. Truman, from the committee on charitable and religious societies, to which was referred the bill, entitled "An act to amend the act entitled 'An act to incorporate the Provident Fund Society of the City of New York," reported the same for the consideration of the Senate, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Truman, from the committee on charitable and religious societies, to which was referred the Assembly bill, entitled "An act to change the corporate name of the North Protestant Reformed Dutch Church, of Gowanus," 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. Diven, from the committee on the judiciary, to which was referred the Assembly bill, entitled "An act to better secure counties against losses by county treasurers," 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. Diven, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to change the name of Porter Ketcham Terry, to James Terry Porter," 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. Diven, from the committee on the judiciary, to which was referred the Assembly bill, entitled "An act to confirm the official acts of persons appointed by the Governor to fill vacancies in the office of justice of the peace," 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. Diven, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act for the relief of Jemima Webb," 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. Williams, from the committee on roads and bridges, to which was referred the bill entitled "An act to amend the charter of the Watervliet Turnpike Company," 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. Smith, from the committee on charitable and religious soci eties, to which was referred the bill entitled "An act to incorporate St. Joseph's Asylum, in the City of New York," reported in favor of the passage of the same, with an amendment, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Loveland, from the committee on State prisons, to which was referred the bill entitled "An act to authorize the State Prison Inspectors to settle with Jacob D. Kingsland," reported in favor of the passage of the same, with amendments.

Mr. Williams moved to lay the report on the table.

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

Mr. John D. Willard, from the committee on the judiciary, to which was referred the petition of Jacob C. Sample, for an act to change the name of Hoziel Morey to Hoziel Sample, reported a bill entitled "An act to change the name of Hoziel Morey to Hoziel Sample," which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Paterson, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act to change the name of that part of Canton street, in the city of Brooklyn, between Atlantic Avenue and De Kalb Avenue, to Fort Green Place," 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. Paterson, from the committee on claims, to which was referred the petition of Thomas Hanvey for an act to release the interest of the State in certain real estate, reported a bill entitled "An act to release to Dophna A. Hanvey, a part of the abandoned canal in the city of Rochester," which was read the first time, and by unanimous consent was also read the second time, and 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 the act entitled 'An act to combine into one act the several acts relating to the City of Albany,' passed April 12, 1842,' 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. Halsted, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act to repeal parts of an act entitled 'An act to amend an act entitled 'An act to incorporate the city of Poughkeepsie,' passed March 28, 1854, and the amendment thereto April 12th, 1855," to authorize the Common Council of said city to borrow and assess $2,500, for debts incurred by them for highway and bridge purposes, passed April 2, 1858,” 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. Halsted, from the committee on the incorporation of cities and villages, to which was recommitted the bill entitled "An act to revise the charter of the village of Binghamton," 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. Darling, from the committee on engrossed bills, reported as correctly engrossed, the bills entitled as follows:

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

"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."

Mr. Mather, from the minority of the select committee, to which was referred the bill entitled "An act to repeal an act to establish a Metropolitan Police District, and to provide for the government thereof," reported that the committee have consented that the chairman of the committee makes a minority report, and in pursuance of such consent, the chairman reports as follows: That the bill ought to pass.

The hour of 12 o'clock having arrived, by unanimous consent, Mr. Diven moved to postpone the executive session for half an hour.

Mr. Halsted, as one of the select committee on the bill to repeal "An act to establish a Metropolitan police district, and to provide for the government thereof," made a report in writing, accompanied by the following resolution :

Resolved, That the bill to repeal the Metropolitan police law ought not to become a law.

Mr. Diven, as one of the select committee on the bill to repeal "An act to establish a Metropolitan police district, and to provide for the government thereof," made a report in writing.

Mr Ely moved that the reports lie on the table and be printed. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

(See Doc. No. 55.)

On motion of Mr. Johnson,

Resolved, That the President appoint a Senator in the place of James Noxen, to be added to the select committee having in charge the act “to ascertain by proper proofs, the citizens who are entitled to the right of suffrage, and to prevent illegal voting."

Mr. Darling gave notice that he would at an early day ask leave to introduce a bill entitled "An act relating to special county judge of Chautauque county."

Mr. W. A. Wheeler gave notice that he would at an early day ask leave to introduce a bill entitled "An act for the relief of Nathan Webb, a justice of the peace in the town of Champlain, in the county of Clinton."

In pursuance of previous notice, Mr. Spinola asked and obtained leave to introduce a bill entitled "An act to prevent the location of, occupying or erecting any buildings or other structures for Quarantine purposes in the county of Kings," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the internal affairs of towns and coun

In pursuance of previous notice, Mr. Loveland asked and obtained leave to introduce a bill entitled "An act for the enlargement of the Clinton prison," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public buildings.

In pursuance of previous notice, Mr. Hubbell asked and obtained leave to introduce a bill entitled, "An act to change the corporate name of the Utica Woolen Mills," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Scott asked and obtained leave to introduce a bill entitled "An act to amend the act in relation to laying out private roads and discontinuing public highways," which was read the first time, and by unaninous consent was also read the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Williams asked and obtained leave to introduce a bill entitled "An act to establish and regulate a ferry across Sodus bay, in the town of Huron, in the county of Wayne," 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.

The Assembly bill entitled "An act to amend an act entitled 'An act to incorporate the Bloomingdale Savings Bank,' passed April 17, 1854," 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, as follows:

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.

The President appointed as the member of the select committee in the place of Mr. Noxon, on the bill for ascertaining by proper proof, citizens entitled to the right of suffrage, Mr. Diven.

The hour of 12 o'clock having arrived, the Senate went into executive session, and after some time spent therein, the doors were opened and legislative business resumed.

The President announced the special order, being the question on the reports of the majority and minority of the committee on canals, in reference to closing the locks on the canals on the Sabbath, and that the pending question was on agreeing to the report of the majority, being the adoption of the following resolution: Resolved, That the prayer of the petitioners be denied.