Mr. Stow moved that the bill be returned to the Assembly in accordance with their request.

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 to confirm a lease of mills made by the Seneca nation of Indians to Fay & Bradley."

"An act in relation to the New-York Juvenile asylum."

After some time spent thereon, the President resumed the chair, and Mr. Paterson, from said committee, reported progress on the first named bill, and asked and obtained leave to sit again.

Mr. Paterson also reported in favor of the passage of the second mentioned bill, without amendment; which report was agreed to. Ordered, That said bill be engrossed for a third reading. On motion of Mr. Paterson, the Senate adjourned.

SATURDAY, FEBRUARY 6, 1858.

The Senate met pursuant to adjournment.

Prayer by Rev. Mr. Sheldon.

The journal of yesterday was read and approved.

Mr. Sloan presented a petition of the Colored Home, asking aid for the erection of additional buildings for the accommodation of its inmates; which was read and referred to the committee on charitable and religious societies.

Mr. Brandreth presented a petition of Edmund Preston and others, for the formation of a new town in the county of Hamilton, to be called Rackett Lake; which was read and referred to the committee on the erection and division of towns and counties. Mr. Pratt, from the committee on engrossed bills, reported as correctly engrossed the bills entitled as follows:

"An act in relation to the New-York Juvenile asylum."

"An act in relation to the Monticello and Wurtsboro plank road company."

Mr. Paterson from the committee on claims, to which was referred the petition of John A. Dodge, attorney for Silas Ball, for the interest on drafts of Canal Commissioners, protested by Auditor; reported a bill entitled "An act for the payment of money to John A. Dodge, attorney of Silas Ball, for interest on drafts drawn by the Canal Commissioners on the Auditor, and by him protested;" which was read the first time, and by unanimous con

sent was also read the second time, and committed to the committee of the whole.

Mr. Paterson, from the committee on claims, to which was referred the petition of James Hay for relief; reported a bill entitled "An act to determine the claim of James Hay to the real property of John G. Leake, deceased;" which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Halsted, from the committee on the incorporation of cities. and villages, to which was referred the bill entitled "An act to extend the time for the payment of taxes in the city of Albany;" reported in favor of the passage of the same, with amendments; which report was agreed to, and said bill committed to the committee of the whole.

Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the bill entitled "An act to amend an act entitled 'An act to sell the burial ground at the Wallabout, in the city of Brooklyn, and to provide places of burial,' passed Feb. 7, 1857;" reported in favor of the passage of the same, which report was agreed to and said bill committed to the committee of the whole.

Mr. Loveland, from the committee on State prisons, to which was referred the petition of John Gihon for relief; reported adversely thereto, which report was agreed to.

Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the petition of the board of trustees of the village of Saratoga Springs, for an act to amend the charter of said village; reported a bill entitled "An act entitled 'An act to amend the charter of the village of Saratoga Springs;"" which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Ames gave notice that he would at an early day, ask leave to introduce a bill relating to warehousemen, wharfingers and other persons, and to prevent fraud.

Mr. Brandreth gave notice that he would, at an early day, ask leave to introduce a bill in regard to the Mechanics' Banking association, the North River bank, the Grocers' bank, banking associations in the city of New-York.

Mr. O. B. Wheeler gave notice that he would, at an early day, ask leave to introduce a bill in reference to the Cochecton bridge 'company.

In pursuance of previous notice, Mr. Halsted asked and obtained leave to introduce a bill entitled "An act to authorise the appraisal and payment of canal damages to Horatio Jones, 3d, and others;" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims. In pursuance of previous notice, Mr. Sloan asked and obtained [SENATE JOURNAL.]

15

leave to introduce a bill entitled "An act in relation to the appointment of commissioners to take private property for public purposes;" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Sloan asked and obtained leave to introduce a bill entitled "An act in relation to savings banks in the State of New-York;" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks.

By unanimous consent, Mr. Spinola asked and obtained leave to introduce a bill entitled "An act authorising the building of a dam across the Mill creek, in the town of Flatlands, Kings co.;" 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.

By unanimous consent, Mr. Brandreth asked and obtained leave to introduce a bill entitled "An act in regard to the Mechanics' Banking association, the North River bank, the Grocers' bank, banking associations in the city of New-York;" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks.

Mr. Stow, from the committee on canals, to which was referred so much of the Governor's message as relates to canals, reported a bill entitled "An act making appropriations for the maintenance of the canals for the fiscal year, commencing October 1, 1858;” which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Stow, from the committee on canals, to which was referred so much of the Governor's message as relates to canals, reported a bill entitled "An act to amend the act for the prevention of frauds upon the canal revenues, passed April 14, 1855;" which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Stow, from the committee on canals, to which was referred so much of the Governor's message as relates to canals, reported a bill entitled "An act to amend chapter 9, title 9, part first of the Revised Statutes;" which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

The bill entitled "An act in relation to the Monticello and Wurtsboro plank road 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, and three-fifths of said members being present, as follows:

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

The bill entitled "An act in relation to the New-York Juvenile asylum," was read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and the vote was as follows:

The constitutional quorum not being present, the bill was laid on the table.

Mr. J. D. Willard called for the consideration of the following joint resolution:

Resolved, (if the Assembly concur,) That a joint committee, to consist of three Senators and five members of the Assembly, be appointed to prepare and report joint rules for the Senate and Assembly.

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, and request their concurrence therein.

On motion of Mr. Mandeville,

Resolved, That the committee on the judiciary be respectfully requested to report to the Senate, whether in their opinion, any law is necessary to carry out the intention of the Constitution respecting the salaries, fees and perquisites of the Attorney General, and that Senate document. No. 14, be also referred to the same committee.

Mr. Brandreth offered the following resolution:

Resolved, That when the Senate adjourns it be until Monday evening at 7 o'clock.

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

On motion of Mr. J. D. Willard,

Resolved, That the Attorney General be directed to report to the Senate the amount and items of all moneys received by the Attorney General, or received at the office of the Attorney General, for fees, during the years 1856 and 1857, so far as the same can be ascertained from the books in said office.

By unanimous consent, Mr. J. D. Willard, from the committee on the judiciary, to which was referred the bill entitled "An act

to repeal parts of chapter 536 of the Laws of 1857, relative to assessment of railroad corporations;" reported in favor of the passage of the same; which report was agreed to, and said bill committed to the committee of the whole.

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

"An act to provide for certain expenses of Government."

"An act to change the name of Richard Monroe and Emma Elizabeth Kenmore to Richard Monroe Fiske and Emma Elizabeth Fiske."

Ordered, That the Clerk deliver said bills to the Governor.
Mr. Mandeville offered the following resolution:

Resolved, That when the Senate adjourns it adjourn until Monday evening at 7 o'clock.

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

On motion of Mr. J. D. Willard, the Senate adjourned.

MONDAY, FEBRUARY 8, 1858.

The Senate met pursuant to adjournment.

Prayer by Rev. Mr. Parker.

On calling the roll, the following Senators were found to be

No quorum being present, on motion of Mr. Darling, the Senate took a recess until 12

o'clock.

HALF-PAST TWELVE O'CLOCK.

The Senate met, when a quorum was found present. The journal of Saturday, was read and approved.

The Chair named as the select committee on the part of Senate to report joint rules, Messrs. J. D. Willard, Wadsworth and Laflin.

Mr. Smith presented a petition of James Wynn and others, of the city of New-York, for a foundling hospital; which was read and referred to the committee on charitable and religious societies.