The President also appointed as Janitor, Joseph Garlinghouse Mr. J. D. Willard gave notice that he would, at an early day ask leave to introduce a bill in relation to the imprisonment of witnesses. Mr. Paterson gave notice that he would, at an early day, ask leave to introduce a bill to repeal or amend chapter 288 of the Laws of 1857, entitled "An act in relation to the payment of fare upon the New-York Central railroad.”/ Mr. Scott gave notice that he would, at an early day, ask leave to introduce a bill providing for the payment of money to John McIntyre, pursuant to chapter 168 of the Laws of 1855. In pursuance of previous notice, Mr. Halsted asked and obtained leave to introduce a bill entitled "An act to change the names of Richard Monroe and Emma Elizabeth Kenmore, to Richard Monroe Fisk and Emma Elizabeth Fisk;" 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. Wadsworth asked and obtained leave to introduce a bill entitled "An act relating to the mode by which the Buffalo, New-York and Erie railroad company may acquire title to real estate for the purpose of its incorpora tion;" which was read the first time, and by unanimous consent, was also read the second time, and referred to the committee on railroads. In pursuance of previous notice, Mr. Spinola asked and obtained leave to introduce a bill entitled "An act in relation to jurors and a commissioner of jurors in the county of Kings;" 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. Spinola asked and obtained leave to introduce a bill entitled "An act in relation to local assessments for local improvements in the city of Brooklyn;" 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. In pursuance of previous notice, Mr. Spinola asked and obtained leave to introduce a bill entitled "An act in relation to certain officers and heads of departments in the city of Brooklyn;" 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. In pursuance of previous notice, Mr. Spinola asked and obtained leave to introduce a bill entitled "An act to establish a court in the city of Brooklyn of civil and criminal jurisdiction, to be called the superior court of the city of Brooklyn;" which was read the first time, and by unanimous consent, was also read the second time, and referred to the committee on the judiciary. On motion of Mr. Mather, The bill entitled "An act to repeal the act entitled 'An act to establish a Metropolitan Police district, and to provide for the government thereof," passed April 15, 1857; was taken from the table and referred to a select committee, to be appointed by the President. On motion of Mr. Wadsworth, Resolved, That a committee of three Senators be appointed to revise the rules of the Senate. On motion of Mr. Halsted, Resolved, That all copies of the documents published by order of the Senate, be trimmed and bound in paper covers, in the same manner as last session. On motion of Mr. Paterson, Resolved, That the Senate will go into executive session, on Wednesday of each week, at 12 o'clock at noon, until otherwise ordered. Mr. Stow offered the following preamble and resolution, viz: Whereas, it is becoming the sentiments of the people, that we should manifest, on proper occasions, the gratitude of republics by placing on enduring records the evidences of our respect for the memory of departed greatness; while we at the same time invoke our own, and coming generations, to appreciate the services, admire the virtues, and emulate the example of patriotic and illustrious men: Therefore, (if the Assembly concur,) Be it resolved, by the Legislature of the State of New-York, that we express only the united voice of the whole people when we attest our gratitude for the services, our respect for the character, our admiration of the life, and our lamentation for the death of William L. Marcy. He was honored while living; he is revered when dead; he promoted the welfare and happiness of his country in life, and in death bequeathed to us, and to posterity, the glory of an imperishable name and fame. Resolved, That His Excellency the Governor, be requested to transmit a copy of the foregoing preamble and resolution to the family of the late William L. Marcy. On motion of Mr. J. D. Willard, The resolutions were laid on the table and ordered printed. Resolved, That when the Senate adjourns this day it adjourn to meet on Monday next, at 71⁄2 o'clock p. m. On motion of Mr. Diven, Resolved, That the concurrent resolutions in relation to the Territory of Kansas, be made the special order for Tuesday next, at 12 o'clock. The President appointed as the committee to revise the rules of the Senate, Messrs. Wadsworth, W. A. Wheeler and Laflin. The President appointed as Pages, Edwin Cooper, Chas. Whitney, Theodore Dexter, William J. Dunn and Dwight F. Reed. On motion of Mr. Spinola, the Senate adjourned. MONDAY, JANUARY 11, 1858. The Senate met pursuant to adjournment. No clergyman present. The journal of Thursday last, was read and approved. Mr. Scott presented a petition of inhabitants of Hamilton co., for a law repealing the act of 1857, authorising the construction of a bridge across the Sacandaga river, in the town of Hope, in said county; which was read and referred to the committee on roads and bridges. Mr. Halsted presented a petition of C. O. Shepard and others, for an act to change the name of Richard Monroe and Emma Elizabeth Kenmore, to Richard Monroe Fisk and Emma Elizabeth Fisk; which was read and referred to the committee on the judi Mr. J. D. Willard presented a petition of the directors and stockholders of the Fort Edward Blast furnace company; which was read and referred to the committee on manufactures. Mr. Spinola presented a petition of Methodist Episcopal churches in the city of Brooklyn, for authority to sell their burial ground; which was read and referred to the committee on charitable and religious societies. Mr. Darling presented a petition of citizens of the town of Bucktown, county of Cattaraugus, to build a bridge across the Allegany river, by a tax on lands south of the river; which was read and referred to the committee on roads and bridges. The President presented the following communication from the State officers, viz: STATE OF NEW-YORK: To the Legislature of the State of New-York: On examining the condition of the cases now pending, in which the people of the State are plaintiffs, I discover that there are about two hundred and fifty thousand dollars involved in those actions, for moneys due the State, either for taxes, or for public moneys withheld by public officers. Some of these cases appear to have been pending for several years. It is also represented to me by the Auditor, that the public interest may require that other actions shall soon be commenced for the recovery of other large sums belonging to the State. In some of the actions pending, the places of trial are named in counties where, in the ordinary course of business, it will be from one to three years before a cause is reached upon the calendar for trial. In 1850 an act was passed declaring that all actions brought by the people in the nature of a quo warranto, and also all actions brought by the Attorney General, to test the title to certain lands. referred to in the act, shall have a preference over all other causes. The Court of Appeals has adopted a rule allowing criminal causes to be moved, on the part of the people, out of their order on the calendar, and giving them a preference. A similar rule also exists in the Supreme Court. The It seems to me, that a like preference should be given by the law to all actions in which the people are a party. The reasons for such preference are the same that prevailed in the legislation of 1850, and in the adoption of the rules to which I refer. public interest, manifestly requires that claims for taxes withheld, or public moneys not paid over by defaulting officers, should be brought to a speedy determination, and it is hoped that an act will be passed, at an early day, declaring that all civil actions in which the people are a party shall have a preference, in all courts, and may be moved on the part of the people, out of their order on the calendar. I find also that there are several causes in the nature of a quo warranto, involving important constitutional questions, in which judgments have been rendered against the people. Under the present practice, no appeals can be brought in these cases, unless security is given on the part of the people for the payment of costs. It is apparent that public officers ought not to be required to assume liabilities, on behalf of the State, in matters where they have no personal interest, nor is there any reason for requiring such ⚫ security in cases where the people are a party, other provisions of law affording adequate remedy to the opposite party. In 1855, a special act was passed, dispensing with a bond, in actions upon a lost note wherein the people are a party. It is believed that the public interests would be promoted, by such an amendment of the Code of procedure as will allow an appeal to be brought by the people, from all judgments against them, without any security for costs, and that such appeals shall operate as a stay of proceedings in the same manner as if security had been given. We concur in the above. On motion of Mr. Wadsworth, LYMAN TREMAIN. S. E. CHURCH, I. V. VANDERPOEL, N. S. BENTON, CHAS. H. SHERRILL. The communication was referred to the committee on the judiciary. Mr. Paterson presented the ninth annual report of the Managers of the Western House of Refuge; which was read, laid on the table, and ordered printed. (See Doc. No. 10.) Mr. Paterson offered the following resolution, viz: Resolved, That 1,000 extra copies of the 9th annual report of the Managers of the Western House of Refuge, be printed for the use of the Managers. The President put the question whether the Senate would agree to the resolution, and it was decided in the affirmative, as follows: |