to hear complaints in criminal cases, that there is reasonable ground to apprehend that an offence within any of the specifications of the preceding section is about to be committed, such magistrate shall issue his warrant to the sheriff or to any constable in the county of such magitrate's residences, for the arrest of the person or persons so about to offend; and upon such person being brought before him, such magistrate shall enquire into the matter, and if it shall appear that there is reasonable ground to apprehend that such person was about to commit any offence specified in the preceeding section, he shall require such person to enter into a bond to the people of the State of New York, in such sum not exceeding one thousond dollars, as such magistrate shall fix, that such person will not for the space of one year offend against any of the provisions of this act; such bond may, in the discretion of the magistrate, be required to be with sureties, to be approved of by such magistrate, or may be taken without surety. If such person shall omit or refuse to enter in such bond, the magistrate shall commit such person to the county jail, there to remain until discharged by a court of record having criminal jurisdiction. § 3. Any person committed, under the last section, to the county jail, may at any time, upon habeas corpus, be discharged from his imprisonment by executing the bond directed by the committing magistrate; if such bond was required to be with surety, the officer taking the same shall approve of the surety. §4. It shall be the duty of all sheriffs, constables, poliecemen and watchmen, who shall have reasonable grounds to believe that any offence specified in the first section of this act is about to be committed within their jurisdiction, to make complaint, under the provisions of this act, to some magistrate witnin their jurisdiction; and if any sheriff, constable, policeman or watchman, shall wilfully neglect his duty in this respect, he shall be, upon conviction, deemed guilty of a misdemeanor, and shall also forfeit his office. The President put the question whether the Senate would concur in said amendment, and it was decided in the affirmative, as follows: Boardman Foote Johnson Laflin Burhans Darling Diven FOR THE AFFIRMATIVE. Loveland O. B. Wheeler W. A. Wheeler Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amend ments. Prosser Smith Truman Mr. Prosser gave notice that he would, at an early day, ask leave to introduce a bill to enable certain corporations to change the location of their principal office, in certain cases. Also, to introduce a bill for relief in cases of double taxation. Mr. Brandreth gave notice that he would, at an early day, ask leave to introduce a bill to improve the Carthage and Lake Champlain road. [SENATE JOURNAL.] 37 Mr. Laflin gave notice that he would, at an early day, ask leave to introduce a bill to amend an act in relation to the support of the poor in the county of Herkimer. By unanimous consent, Mr. Laflin asked and obtained leave to introduce a bill entitled "An act to amend an act in relation to the support of the poor in the county of Herkimer," 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 counties. The bill entitled "An act to revise the charter of the village of Binghamton," 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: Ames Burhans Darling Foote Hubbell Johnson Laflin Ames Burhans Darling FOR THE AFFIRMATIVE. Loveland 23 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act to confer upon the board of supervisors of Monroe county, certain powers relative to the office of clerk of said county," was read a third time. Foote Halsted Johnson Ames Pratt Prosser 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 O. B. Wheeler Foote W. A. Wheeler J. A. Willard 21 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. Mr. Darling, from the committee on engrossed bills, reported as correctly engrossed, the bill entitled as follows: "An act to incorporate the association of contributors for the cure and relief of insane poor in Brigham Hall." The bill entitled "An act to make corporations in the city of Buffalo taxable, the same as corporations in other cities and counties of the State," 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: FOR THE AFFIRMATIVE. Truman O. B. Wheeler W. A. Wheeler J. A. Willard Pratt O. B. Wheeler Brandreth Darling Ames Darling Hubbell 21 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The Assembly bill entitled "An act to change the corporate name of 'The Minister, Elders and Deacons of the Protestant Reformed Dutch Church of Duanesburgh' to 'The First Presbyterian Church of Duanesburgh,'" 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: Ames Foote Hubbell Johnson W. A. Wheeler Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment. Hubbell Darling Johnson Ames Boardman The Assembly bill entitled "An act to authorise the trustees of the village of Newburgh to open North street, and to assess and collect the damages and expenses for laying out, opening and grading said street," was read a third time. FOR THE AFFIRMATIVE. Laflin. Mandeville Pratt 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: Darling Foote Prosser Halsted Hubbell J. W. Aillard FOR THE NEGATIVE. Paterson Truman 3 Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment. The bill entitled "An act to authorise Wynant G. Vandenburgh, the only surviving member of the Consistory of the Reformed Protestant Congregation, of Halfmoon, Saratoga county, to alienate certain real estate belonging to said congregation," 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 affirmativé, a majority of all the members elected to the Senate voting in favor thereof, as follows: FOR THE AFFIRMATIVE. Johnson Loveland Paterson W. A.Wheeler J. A. Willard 17 Pratt Scott O. B. Wheeler Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The Assembly bill entitled "An act to amend section 1, of chapter 216 of the Laws of 1850, in relation to the Troy Savings Bank," 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: Ames Brandreth Burhans Darling Foote Hubbell Johnson Ames Burhans 21 Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment. FOR THE AFFIRMATIVE. Loveland Paterson Pratt The Assembly bill entitled "An act to authorise the stockholders of the Buffalo City Bank, to reduce the capital stock of said bank," was read a third time. Prosser O. B. Wheeler 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: Darling Halsted Hubbell Johnson Ames Darling Foote W. A. Wheeler J. A. Willard Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment. Halsted Johnson Laflin Loveland FOR THE AFFIRMATIVE. Paterson Pratt Prosser Scott W. A. Wheeler Smith O. B. Wheeler The Assembly bill entitled "An act to regulate the collection of taxes in the town of Watervliet, in the county of Albany, and for other purposes," 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: FOR THE AFFIRMATIVE. Paterson Pratt Smith O. B. Wheeler W. A. Wheeler J A. Willard 22 Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment. The bill entitled "An act to incorporate Brigham Hall, a hospital for the reception and care of the insane," 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: Ames Brandrech Burhans Darling Foote Hubbell Johnson Laflin Ames Burhans Darling Foote Halsted Hubbell Johnson Laflin Ames Boardman Burhans FOR THE AFFIRMATIVE. Loveland Pratt Prosser 23 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act to incorporate the association of contributors for the care and relief of insane poor in Brigham Hall," was read a third time. Scott Darling Halsted Paterson Spinola Truman 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: W. A. Wheeler J. A. Willard 21 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act to amend section 33, of article 2, title 3, chapter 8, of the third part of the Revised Statutes, relative to suits against heirs," 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: FOR THE AFFIRMATIVE. Pratt Scott Smith Truman O B. Wheeler W. A. Wheeler J. A. Willard J. A. Willard 18 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. Mr. Hubbell moved to re-commit the bill entitled "An act for the relief of the New York State Inebriate Asylum, and for other purposes," to the committee of the whole, with instructions to amend by inserting the following as an additional section : "That out of the excise money received under chapter 628, Session Laws of 1857, shall first be paid all expenses incurred by any of the counties, cities, villages or towns of this State, in executing said Law, (chapter 628, passed April 16, 1857,) before any percentage shall be paid to this Asylum, and which amount shall be ascertained by the audit of the same expenses by the proper auditors of such accounts." |