erect the towns of Throop and Montezuma from the town of Mentz, in Cayuga county," in order that the same may be corrected in its title.

On motion of Mr. Diven, and by unanimous consent, the rules were suspended and said resolution adopted.

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

A message from the Assembly was received and read, requesting the concurrence of the Senate to the following entitled bills:

"An act for the relief of Wm. Smith," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

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'An act to incorporate the Foster's Meadow Canal and Dock company," 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.

"An act to amend the act entitled 'An act to incorporate the village of Yonkers,' passed April 12, 1855, and the act to amend the same, and to extend the powers of the corporation of said village, passed April 17, 1857," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the incorporation of cities and villages.

"An act authorizing the board of supervisors of the county of Ontario, to lease a portion of the new court house in said county, to the United States, and to raise moneys by tax to pay for the said court house," 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.

"An act to authorize the raising a sum of money to reimburse certain commissioners of highways in the town of Phelps, in the county of Ontario, for moneys lost by them by the failure of the Ontario County Bank," 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.

"An act in relation to the Colonial History of the State," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

"An act to declare the village of Cuba a separate road district; and to provide for raising money by tax therein for highways and sidewalks; and compel owners of property therein to build sidewalks, and for other purposes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the incorporation of cities and villages.

"An act relating to the city of Rochester, and to amend the charter thereof," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the incorporation of cities and villages.

"An act conferring jurisdiction upon the Canal Appraisers to examine the claims of James Woodward, William Robbins, Benjamin

W. Whitcher, parent and guardian of Alice Whitcher, an infant, and Jabez Clark," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act to amend an act entitled 'An act to incorporate the Fulton Fire Department,' passed April 16, 1857," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the incorporation of cities and vil lages.

"An act for the relief of Melissa P. Lewis for canal damages," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act authorizing the appraisal and payment of damages to Jerome B. Hulbert," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act for the relief of David Wagner," which was read the first time, and by unanimous consent was also read the second time and referred to the committee on claims.

"An act to authorize the appraisal and payment of canal damages to Nathan Marble and Benjamin B. Clapp," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act to provide for the appraisal and payment of canal damages in certain cases," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act for the appraisal and payment of canal damages to Samuel P. Gould," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act authorizing the appraisal and payment of canal damages to Nicholas I. Schermerhorn," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act to empower the members and stockholders of benevolent, charitable, scientific and missionary corporations and societies to vote by proxy," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on charitable and religious societies.

"An act relative to the Law Department of the University of Albany," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to pay Edward Roggen for certain water privileges taken for the canals," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act to authorize the appraisal and payment of canal damages to Patrick Rogers," which was read the first time, and by unanimous

consent was also read the second time, and referred to the committee on claims.

"An act to amend the charter and several acts relating to the village of Waterford, and to incorporate the same into one act," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the incorporation of cities and villages.

A message from the Assembly was received and read, informing that they had concurred in the amendments of the Senate to the bills entitled as follows:

"An act to authorize the Eagle Bank of Rochester, and the Manufacturers' Bank of Rochester, to consolidate the same into a single association."

"An act to authorize the construction of a breakwater along the shore of Lake Erie, within the bounds of the city of Buffalo, and to provide for the payment of the cost thereof."

"An act to amend an act entitled 'An act to incorporate the Newburgh Savings Bank,' passed April 13, 1852."

'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 12, 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."

"An act to incorporate the trustees of Clarkson High School, and to provide for the management and support of such school."

Ordered, That the Clerk return said bills to the Assembly.

A message from the Assembly was received and read, informing that they had non-concurred in the passage of the following entitled bill:

"An act to change the name of the First Baptist Society in Pomfret,' to 'The Fredonia Baptist Society.""

A message from the Assembly was received and read, returning the following entitled bills:

"An act to amend the charter of the city of Utica."

"An act to authorize the reduction of the capital stock of the Kingston Bank, of Kingston, Ulster county."

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

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

"An act to release to Aaron Remsen the title of this State, acquired by escheat, in and to certain lands, and to confirm his title thereto."

"An act amending 'An act to provide for the laying out and construction of a road from Dickinson Centre, south, through townships Nos. 10. 13, 16, 19, 22 and 25, in the county of Franklin,' passed April 17, 1854."

"An act to amend the charter of the Messina Plank road company." Ordered, That the Clerk deliver said bills to the Governor.

A message from the Assembly was received and read, informing that they had concurred in the passage of the bill entitled "An act to incorporate the village of Clifton Springs," with the following amendments:

In the last line but one, first section engrossed bill, after the word "of," insert the word "purchasing."

In the last line but three, sixth section, engrossed bill, after the word "services," insert the word "annually."

In the last line but three, 14th section, engrossed bill, after the word "property" insert the following: "as made by the assessors of said towns, or from the valuation of their property.

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Mr. Boardman moved that the Senate concur in the amendments of 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.

By unanimous consent,

Mr. Loveland asked and obtained leave to introduce a bill entitled "An act for the relief of the Ausable Plankroad company,' which was read the first time, and by unanimous consent, was also read the second time.

On motion of Mr. W. A. Wheeler, and by unanimous consent, the rules were suspended, and said bill referred to the committee on roads and bridges, with power to report complete.

By unanimous consent,

Mr. Ely asked and obtained leave to introduce a bill entitled “An act for the relief of the holders of certain repudiated obligations," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on grievances. On motion of Mr. Truman, and by unanimous consent,

Resolved, That the bill entitled "An act relating to wills," be referred to the committee on the judiciary, with power to report complete.

A message from the Assembly was received and read, in the words following, to wit:

"IN ASSEMBLY, April 4, 1859.

"Ordered, That the Clerk deliver the bill entitled '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,' which had passed both Houses of the Legislature, was returned by the Governor, with the accompanying message, was reconsidered,

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amended as follows: In the third line of the paragraph providing for paying interest on drafts, after the word 'interest' insert the words at the rate of six per cent per annum,' and again read and passed, and the Clerk ordered to deliver the same to the Senate, informing of these facts."

By order,

WM. RICHARDSON, Clerk.

Mr. Ames moved that the Senate concur in the amendment, and that said bill be again put upon its third reading.

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

Said bill was then 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:

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

The President announced the special order, being the reports of the committee in the case of H. C. Wetmore, &c.

Mr. Diven offered the following resolution:

Resolved, That Henry C. Wetmore, upon taking the oath of office, is entitled to a seat in this Senate.

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

Mr. Mather 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 negative, as follows: