roads and bridge companies," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges. The bill entitled "An act to authorize the trustees of the village of Olean, to lay out, open, alter, widen, repair and improve the highways in said village," 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 Boardman Burhans Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act vesting the control of the piers, booms and dams on Salmon river, in the commissioners for improving said river," was read a third time. FOR THE AFFIRMATIVE. Hubbell Laflin 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 Ely Foote Halsted Ames Boardman Burhans Paterson Smith Truman W. A. Wheeler J. A. Willard Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act to limit the power of the common council of the city of Schenectady in making contracts," was read a third time. Darling Ely Foote FOR THE AFFIRMATIVE. Hubbell Laflin Noxon Paterson 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: Loveland O B. Wheeler Prosser Smith Truman FOR THE AFFIRMATIVE. Hubbell Laflin Noxon Scott Smith John D. Willard Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. C The bill entitled "An act to amend an act entitled An act to provide for the appointment of commissioners of deeds in the village of Saratoga Springs,' passed April 7, 1858," 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 Boardman Burhans Darling Ames Diven Ely Foote Mather Halsted 23 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act for the relief of the estate of James Mullett, deceased," was read a third time. Ames Burhans Darling Diven 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 Diven Ely Foote FOR THE AFFIRMATIVE. Laflin Noxon Paterson Prosser Ely Halsted Hubbell Johnson Laflin Scott O. B. Wheeler John D. Willard Williams 3 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act to change the name of Hoziel Morey to Hoziel Sample," 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. Hubbell Johnson Darling Ely Foote FOR THE NEGATIVE. Noxon Paterson Schell Mather Noxon FOR THE AFFIRMATIVE. Loveland Mandeville W. A. Wheeler Prosser Scott Smith Truman 27 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. The bill entitled "An act to amend an act entitled 'An act to amend and condense the several acts in relation to the village of Hamilton,' passed May 11, 1840," 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. Hubbell Laflin Smith W. A. Wheeler J. A. Willard 20 Paterson Smith O. B. Wheeler W. A. Wheeler J. A. Willard John D. Willard Williams W. A. Wheeler J. A. Willard 20 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. Mr. Halsted moved to further postpone the special order until after the executive session. 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 establish and regulate a ferry across Sodus bay, in the town of Huron, in the county of Wayne," 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 Burhans Darling Brandreth Ely Ames Burhans Darling Diven Foote Halsted Hubbell Johnson Foote Ely Hubbell Johnson Loveland FOR THE NEGATIVE. Mather Sloan 8 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. Mr. Mather moved to recommit to the committee on commerce and navigation, the bill entitled "An act to amend the 8th title of chapter 8, of part 3rd of the Revised Statutes, entitled 'Of proceedings for the collection of demands against ships and vessels,'" and that they have power to report complete. 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 confirm the title to certain real estate to the Hudson Iron company, and to increase the number of trustees of said company," 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 NEGATIVE. Noxon J. A. Willard O. B. Wheeler 19 O. B. Wheeler J. A. Willard John D. Willard 24 Laflin 3 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein. 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 Senate then resolved itself into a committee of the whole and proceeded to the consideration of the special order, being the Assembly bill entitled as follows: "An act to provide the means for the enlargement and completion of the canals of this State, specified in section 3, article 7 of the Constitution, for the fiscal year commencing October 1st, 1859, and for other purposes." And after some time spent therein, Mr. Darling, from said committee, reported progress on said bill, and asked and obtained leave to sit again. On motion of Mr. Mather, said bill was made a special order for to-morrow, immediately after reading the journal, and that said bill be reprinted, as amended. On motion of Mr. Noxon, the Senate adjourned until 7 o'clock. The Senate again met. The President presented a communication from the Chamber of Commerce of New York, in reference to the appropriation for the expenses of the Pilot Commissioners, which was referred to the committee on finance and ordered printed. HALF-PAST SEVEN O'CLOCK, P. M. (See Doc. No. 98.) The President announced the special order, being the question of the alleged vacancy in the 11th Senatorial district. . Mr. Mather moved to take from the table the following resolution: S Resolved, That document No. 63, being the report of the select committee appointed to take testimony in the case of the alleged vacancy in the 11th Senatorial district, be submitted to the Judges of the Court of Appeals, with a respectful request that they communicate to the Senate at their earliest convenience, if not deemed incompatible with their official duties, their opinion upon the question. whether a vacancy exists in the office of Senator for said district. The President put the question whether the Senate would agree to said motion of Mr. Mather, to take from the table said resolution, and it was decided in the affirmative, as follows: FOR THE NEGATIVE. W. A. Wheeler J. A. Willard Williams 48 Spinola O. B. Wheeler 20 Hubbell 4 The President then put the question whether the Senate would agree to said resolution, and it was decided in the negative, as follows: [SENATE JOURNAL.] Brandreth Ely Ames Darling Diven Ames Burhans Doherty Mather Brandreth Doherty Foote Johnson Ames Darling Diven Brandreth Burhans Doherty Foote Johnson 17 The President announced the pending question to be on the adoption of the following resolution : Resolved, That Wm. G. Mandeville having been appointed to the office of postmaster at Stuyvesant Falls, has by his acceptance thereof, vacated his office of Senator. Ely Pratt Debate was had thereon, when The hour of 9 o'clock and 45 minutes having arrived, the President announced that under a previous resolution of the Senate, the vote must now be taken on said resolution, without debate or delay. The President then put the question whether the Senate would agree to said resolution, and it was decided in the affirmative, as fullows: Ely Pratt FOR THE AFFIRMATIVE. Schell Foote Hubbell Johnson Sloan Smith FOR THE NEGATIVE. Laflin Noxon Paterson Ely Pratt Prosser O. B. Wheeler 12 Mr. John D. Willard 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, to lay on the table, and it was decided in the negative, as follows: Spinola 11 W. A. Wheeler J. A. Willard W. A. Wheeler 18 Spinola John D. Willard 18 The President then put the question whether the Senate would agree to said motion to reconsider, and it was decided in the negative, as follows: Spinola John D. Willard 12 W. A. Wheeler Spinola John D. Willard 12 |
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