1

and sale on execution, and except such property as is exempt from taxation by special laws.

3d. The boards of supervisors in this State shall meet some time between the first Monday in June and first Monday in September, and shall complete the tax warrants and deliver them to the collector on or before the first Monday in October, returnable on the first Monday in January.

4th. The County Treasurers shall pay to the State Treasurer all the State and School tax on or before the first day of February in each year.

Ordered, That said resolution be laid on the table.

A message from the Assembly was received and read, informing that they had concurred in the passage of the following entitled bill, without amendment:

"An act relating to fisheries in the town of New Utrecht, in the county of Kings."

Ordered, That the Clerk deliver said bill to the Governor.

On motion of Mr. Diven,

Resolved, That the evidence taken before the committee on finance, to whom was referred "An act for the relief of John McIntire," at the last session, be printed, together with the report of said committee on the bill submitted to them.

Mr. Truman offered the following resolution:

Resolved, That the bill No. 193, be taken up in the second committee of the whole.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative, two-thirds of all the members present voting in favor thereof.

Mr. Smith called for the consideration of the following resolution : Resolved, That on and after Tuesday next, the Senate will meet at 10 o'clock A. M.

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

Mr. Scott moved to reconsider the vote just taken, and that that motion lay on the table.

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 for the construction of a road from the town of Osceola, in the county of Lewis, to the town of Martinsburgh, in said county." "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 the charter of the People's Loan and Relief Company."

And after some time spent therein, Mr. Pratt, 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. Pratt, 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. Pratt, 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 act entitled 'An act to amend the several acts incorporating the village of Owego, in the county of Tioga,' passed Aprit 9, 1851.”

66

'An act making appropriations for the canal debt, and the maintenance of the canals, for the fiscal year commencing on the first day of October, eighteen hundred and fifty-nine, and to supply a deficiency in a former appropriation."

"An act to provide for the election of two additional superintendents of the poor in Ulster county."

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

The Assembly returned the bill entitled "An act to prevent and punish prize fighting."

Ordered, That the Clerk deliver said bill to the Governor.

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 entitled "An act to amend an act entitled 'An act for the prevention of frauds upon the canal revenues,' passed April 14, 1855.”

"An act to provide for the performance of certain duties imposed upon a Canal Commissioner, in cases where he may be disqualified from acting."

"An act to authorise the Middletown and Unionville plank road company to sell or mortgage their road."

And after some time spent therein, Mr. Johnson, from said committee, reported in favor of the passage of said first mentioned bill, with amendments.

Mr. Halsted moved to lay the question on agreeing to the report of the committee of the whole, on the table.

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

Mr. Johnson, from said committee, reported in favor of the pas

sage of said second and third mentioned bills, which reports were 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 to authorise the Middletown and Bloomingburgh plank road company to sell or mortgage their road."

"An act to extend to all the counties of this State the provisions of chapter 139 of the Laws of 1858, relative to the counties of Oneida and Montgomery."

"An act to incorporate the village of Moravia, in the county of Cayuga, and to repeal existing Laws incorporating said village."

And after some time spent therein, Mr. Burhans, from said committee, reported in favor of the passage of said first mentioned bill.

Mr. Truman moved to re-commit said bill to the committee of the whole, with instruction to amend by striking out in the 1st section the word "two thirds," and inserting “all.”

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

The President then put the question whether the Senate would agree to the report of the committee, and it was decided in the affirmative.

Ordered, That said bill be engrossed for a third reading.

Mr. Burhans, from said committee, reported progress on said second and third mentioned bills, and asked and obtained leave to sit again.

By unanimous consent, Mr. Williams moved that the committee of the whole be discharged from the further consideration of the Assembly bill entitled "An act to incorporate the village of Moravia, and to repeal existing laws incorporating said village," and that said bill be referred to the committee on the incorporation of cities and villages, to report complete.

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

Mr. Halsted moved to take from the table the question on agreeing to the report of the committee of the whole on the Assembly bill entitled "An act to amend an act entitled 'An act for the prevention of frauds upon the canal revenues,' passed April 14, 1855.”

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 the report of said committee, and it was decided in the affirmative.

Ordered, That said bill be read a third time.

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 concerning the navigation of the canals, and the collection of tolls."

"An act for the relief of Albert G. Sage."

"An act to amend an act entitled 'An 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."

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

On motion of Mr. J. A. Willard, the Senate adjourned to 7 o'clock.

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

The Senate again met.

By unanimous consent, Mr. Halsted had consent to offer the following resolution:

Resolved, (if the Senate concur,) That the 19th joint rule of the Senate and Assembly be suspended, in order that the House may proceed to the consideration of the annual appropriation bill on Wednesday, the 9th instant, and on any other day prior to the 25th instant.

On motion of Mr. Halsted, and by unanimous consent, the rule requiring joint resolutions to lay on the table one day before being acted on was suspended.

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

Ordered, That the Clerk deliver said resolution to the Assembly. A message from the Assembly was received and read, informing that they had concurred in the passage of the bill entitled "An act to amend the act entitled 'An act in relation to draining certain lands in the town of Granby, in the county of Oswego,' passed April 6, 1857," with the following amendments.

After the word "follows" in the 5th line of the engrossed bill insert as follows:

Sec. 3. There shall be appointed by the county court of the county of Oswego, on the petition of any three freeholders of the town of Granby, in said county, three commissioners, for the purposes specified in this act.

Also in the third line of the second section, prefix the word "Sec

tion 4;" also in the 10th line of the same section, strike out the words "contemplated by," and insert in place thereof the words "specified in ;" also in the same line, strike out the words " originally named therein."

as if

Also in the 3rd line of section 3rd, prefix the words "Section 7," before subdivision 1; also strike out all of the 7th line after the word "claims" in subdivision 1, together with the 8th and 9th lines of the same subdivision.

66

Also in subdivision 4th of the same section, insert after the word appraisers" in the second line, the words "appointed under this

act."

Also in subdivision 5 of the same section, strike out the words "contingent expenses" in the 3rd and 4th lines.

Also in the 4th line after the word "advanced" insert the words by them."

Also in the 5th line of section 4th, strike out the words "board of trustees of the village of Oswego Falls," and insert the words. "commissioners of highways of the town of Granby;" also strike out all after the word "commissioners" in the 8th line down to and including the word "protection" in the 12th line; also in the 13th line, strike out the word "trustees" and insert "commissioners;" also in the 17th line of same section, strike out the words "board of trustees" and insert the word "commissioners."

Mr. Ames moved that the Senate concur in the amendments made by the Assembly.

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

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amend

ments.

The President announced the special order, being the consideration of the subject of the alleged vacancy in the eleventh Senatorial district.

Mr. Diven offered the following resolution :

Resolved, That Wm. G. Mandeville having been appointed to the office of postmaster at Stuyvesant Falls, and having accepted such appointment, has thereby vacated his office of Senator.

Mr. John D. Willard moved to amend by striking out the word "appointment," and inserting "office."

Mr. Diven moved to amend the amendment by striking out the words "accepted such appointment has thereby" and inserting the following: "has by his acceptance thereof."

The President put the question whether the Senate would agree

7