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

The bill entitled "An act to incorporate St. Joseph's Asylum, in the city of New York," 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:

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

The bill entitled "An act to relieve Peter Lorillard and John David Wolfe from an excessive tax and to provide for the settlement of their claims against the county and town of Westchester," 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:

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

The Assembly bill entitled "An act to incorporate the board of domestic missions of the Second Reformed Protestant Dutch Church of Tarrytown, New York," 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:

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Ordered, That the Clerk return said bill to the Assembly, with a

message informing that the Senate have passed the same, with amend

ments.

The bill entitled "An act to extend the provisions of 'An act authorising the imprisonment of persons convicted of certain crimes, in the counties of Montgomery and Oneida, in the Albany county Penitentiary, passed April 12, 1858,' to all the counties in this 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:

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

The bill entitled "An act to provide for the examination of the survey of the extension of the Chenango canal to the Pennsylvania State line near Athens," 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:

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

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The Assembly bill entitled "An act to change the name of William Johnson and Lizzie Jane Morrison to Willie John Parker and Lizzie Jane Parker," 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:

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

A message from the Governor, by the hands of his private secretary, was received and read, in the words following:

ALBANY, March 12, 1859.

To the Senate: I regret that I am obliged to return without my signature the bill entitled "An act relating to Fisherises in the town of New Utrecht, in the county of Kings." It is however, not only obscurely drawn, but is so objectionable in its provisions, that I cannot give to it my approval. It provides that the inhabitants of New Utrecht may, until June, 1860, set pike or hoop and gill nets, and drive poles and stakes in a certain portion of New York Bay, from which they are now excluded by the law of 1857, establishing regulations for the port of New York. This last mentioned law, which is one of several that have been enacted within a few years for the preservation of the harbor of New York and the freedom of navigation therein, forbids the driving of any poles in water of greater depth than six feet at mean low tide. The present bill proposes to relax this restriction in favor of the inhabitants of a single town, and to allow them to place their nets and poles in a diagonal line through the middle of and across the principal channel of the harbor above the narrows in water as deep as fifty feet. It is true the bill seems to give the Harbor Commissioners a certain power to regulate the placing of the poles, but this power in fact amounts to nothing. The Commissioners are only authorized to bring the poles as much nearer the west shore of the narrows as they shall decide is necessary to prevent their being a hinderance to safe navigation.

It is a little difficult to ascertain the precise intent of this provision. If, however, the Harbor Commissioners should exercise the power given to them, the utmost that they could do would be to carry the line to the shore of Staten Island, at the Narrows. Should this be done it would perhaps be doubtful whether the inhabitants of New Utrecht would not have the power to place stakes entirely across the channel, directly at the Narrows. However this may be, the bill fails to give the Harbor Commissioners any power to control the placing of the stakes anywhere to the east of the line mentioned in it. A reference to a map of the harbor will show that that portion of the harbor from which the supervisory power of the Commissioners is excluded is a large and important portion, and one in which fish poles certainly ought not to be allowed to be placed unless there is some supervisory power to regulate them.

It is probably a clerical error in the bill that it refers to a law of 1849 by its section, but omits to give the chapter of the laws of that year.

My objections to this bill are briefly that it gives rights that ought not to be granted to any one without control, and which I feel sure would not have been granted had the members of the Legislature examined the bill more carefully, and been more fully ac

quainted with the locality. But if granted to any one, the grant should not be limited to the inhabitants of a single town, and should be carefully defined by unambiguous provisions.

E. D. MORGAN.

On motion of Mr. Scott, the bill and messsage were laid on the table.

The bill entitled "An act to provide for reports in pardon cases," 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:

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

The bill entitled "An act to amend and extend an act entitled 'An act to incorporate the St. David's Benevolent and Benefit Society of the city of New York,' passed April 6, 1838," 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:

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

The bill entitled "An act to amend the act entitled 'An act for the amendment of the law relative to principals and factors or agents,' passed April 16, 1830," 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:

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Ordered, That the Clerk deliver said bill to the Assembly, and

request their concurrence therein.

The bill entitled "An act for the relief of James Sperry," 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 negative, a majority of all the members elected to the Senate not voting in favor thereof, as follows:

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Mr. Paterson 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 bill entitled "An act to release to Jane Williamson the interest of this State in certain real estate situate in Shawangunk, Ulster county," 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, two-thirds of all the members elected to the Senate voting in favor thereof, as follows:

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

The Assembly bill entitled "An act legalising the conveyance of lands held by James Kemp, an alien, of Niagara county," 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, two-thirds of all the members elected to the Senate voting in favor thereof, as follows:

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

By unanimous consent, Mr. Halsted asked and. obtained leave to introduce a bill entitled "An act to legalize the election, classification and official acts of the trustees of the Lima Baptist church and [SENATE JOURNAL.]

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