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held by justices of the peace;" which was read the first time, and by unanimous consent was also read a second time, and committed to a committee of the whole.

The Senate then took up the consideration of the following resolution :

Resolved, That, in the judgment of this Senate, it is highly improper for a member of the Legislature to vote for the passage of a law creating a bank or monied corporation, and afterwards to solicit or receive stock in said corporation, on the distribution of the stock thereof. By the consent of the mover, the Senate agreed to a substitute offered by Mr. Edwards for the said resolution, as follows, to wit:

Resolved, That the committee on banks and insurance companies be instructed to report a bill declaring it unlawful for any member of the Legislature to subscribe for any stock of any incorporated bank created by any act of the Legislature whereof he is a member, in his own name or in the name of any other person, or to purchase or own, or in any manner whatever to become interested in any such stock.

Without taking any question on said resolution,

The Senate adjourned until 11 o'clock to-morrow morning.

TUESDAY, 11 O'CLOCK, A. M.-JANUARY 31, 1837.

The Senate met pursuant to adjournment.

Mr. Edwards presented the proceedings of a meeting of sundry citizens of Seneca-Falls, in relation to an increase of banking capital, eitler by acts of incorporation or by a general law; which were read, and referred to the select committee of eight appointed on that subject.

Mr. Edwards also presented the petition of Luther Buell and others, inhabitants of the town of Pompey, for the repeal of the restraining law, and for a general banking law; which was read, and referred to the select committee of eight appointed on that subject.

Mr. Loomis presented the memorial of the trustees of Geneva college for aid; which was read, and referred to the joint committee on so much of the Governor's message as relates to the investment and distribution of certain moneys to be received from the General Government.

Mr. Dickinson presented a remonstrance of sundry inhabitants of Smyrna, against repealing the act to lay out a road from Smyrna to Earlville, and also a report of the commissioners appointed by said act; which was read, and referred to the committee of the whole when on the bill on that subject.

Mr. Wager presented the petition of sundry inhabitants of Oneida county, praying for an appropriation to pay for the survey of improvements in the Seneca and Oneida rivers, authorized by a law of 1836; which was read, and referred to the committee on canals.

Mr. Young, from the committee on literature, reported without amendment, the bill from the Assembly, entitled "An act to amend title second of chapter fifteenth of part first of the Revised Statutes, entitled 'Of common schools;'" which was committed to a committee of the whole.

A copy of a resolution was received from the Assembly, and read, in the words following, to wit:

Resolved, (if the Senate concur,) That the two Houses proceed, on the seventh day of February next, at twelve o'clock at noon, to the election of a United States senator, in the place of Silas Wright junior, whose term of service expires on the fourth day of March next.

Thereupon,

Resolved, That the Senate do concur with the Assembly in their said resolution.

Ordered, That the clerk deliver said resolution of concurrence to the Assembly.

The report of the Canal Commissioners, on the petition of John I. Cook and Timothy Jenkins, was received and read.

[See Senate Document No. 16.]

Ordered, That said report be referred to the committee on canals. A report of the Canal Commissioners, on the petition of A. Stebbins, was received and read.

[See Senate Document No. 17.]

Ordered, That the said report be referred to the committee on canals. Ordered, That the committee of the whole be discharged from the further consideration of the bill from the Assembly, entitled "An act to divide the eleventh ward of the city of New-York into two wards," and that the same be ordered to a third reading.

Mr. Maison asked for, and by unanimous consent obtained leave to bring in a bill, entitled "An act in addition to the Revised Statutes, relating to the time of commencing actions;" which was read the first time, and by unanimous consent was also read a second time, and committed to a committee of the whole.

The Senate then took up the further consideration of the following resolution :

Resolved, That the committee on banks and insurance companies be instructed to report a bill declaring it unlawful for any member of the Legislature to subscribe for any stock of any incorporated bank created by any act of the Legislature whereof he is a member, in his own name or in the name of any other person, or to purchase or own, or in any manner whatever to become interested in any such stock.

Thereupon,

Mr. Mack moved to strike out "banks and insurance companies," in the first line, and to insert "the judiciary."

Mr. President put the question on agreeing to said motion, and it was decided in the negative.

The yeas and nays being moved and seconded, were as follows, to wit:

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Mr. Mack then moved to strike out the words "to report a bill declaring it unlawful for," and to insert "to inquire into the expediency of prohibiting by law."

Mr. Seger made a motion to lay the said resolution and amendment on the table.

Mr. President put the question on agreeing to said motion, and it was decided in the negative.

The yeas and nays being moved and seconded, were as follows, to wit:

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Mr. President then put the question on the motion of Mr. Mack, and it was decided in the affirmative.

The yeas and nays being moved and seconded, were as follows, to wit:

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After further amending the said resolution, the same was agreed to, in the words following, to wit:

Res lved, That the committee on banks and insurance companies be instructed to inquire into the expediency of prohibiting by law, any member of the Legislature from subscribing for any stock of any incorporated bank created by any act of the Legislature whereof he is a member, in his own name or in the name of any other person, or to purchase or own, or in any manner whatever to become interested in any such stock on the distribution thereof.

Mr. Paige gave notice that he would hereafter ask leave to amend the rules and orders of the Senate, so as to provide for the adoption of the previous question.

Mr. Huntington, from the committee on engrossed bills, reported as correctly engrossed, two bills, of the following titles, to wit:

"An act to amend an act entitled 'An act to incorporate the Society for the relief of orphan and destitute children in the city of Albany,' passed April 27, 1835:"

"An act in relation to the office of surrogate."

Thereupon,

The said engrossed bill, entitled "An act to amend an act entitled 'An act to incorporate the Society for the relief of orphan and destitute children in the city of Albany,' passed April 27, 1835," was read the third time and passed; two-thirds of all the members elected to the Senate voting in favor thereof, as follows, to wit:

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The said engrossed bill, entitled "An act in relation to the office of surrogate," was read the third time and passed.

Ordered, That the clerk deliver said bills to the Assembly, and request their concurrence to the same.

The bill from the Assembly, entitled "An act to amend an act entitled An act authorizing the appointinent of a supreme court commis. sioner in the town of Painted-Post, in the county of Steuben, passed April 20, 1836," was read the third time and passed.

The bill from the Assembly, entitled "An act to divide the eleventh ward of the city of New-York into two wards," was read the third time and passed; two-thirds of all the members elected to the Senate voting in favor thereof, as follows, to wit:

Mr. Armstrong
Mr. J. Beardsley
Mr. L. Beardsley
Mr. Beckwith
Mr. Dickinson
Mr. Downing
Mr. Edwards
Mr. Huntington
Mr. Johnson

FOR THE AFFIRMATIVE.

Mr. H. F. Jones
Mr. J. P. Jones
Mr. Lacy
Mr. Livingston
Mr. Loomis
Mr. McLean
Mr. Maison

Mr. Paige

Mr. Powers

Mr. Seger
Mr. Spraker
Mr. Tallmadge

Mr. Tracy
Mr. Van Dyck
Mr. Wager
Mr. Willes

Mr. Young

26

Ordered, That the clerk deliver the said bills to the Assembly, and inform them that the Senate have passed the same without amend

ment.

The bill from the Assembly, entitled "An act authorizing the appointment of a supreme commissioner to reside in the village of Amsterdam, in the county of Montgomery," was read the third time.

Mr. President put the question on the final passage of said bill, and it was decided in the negative.

Thereupon,

Resolved, That the said bill be rejected.

Ordered, That the clerk deliver said bill and a copy of said resolution to the Assembly.

The Senate then resolved itself into a committee of the whole, on the bill from the Assembly, entitled "An act authorizing the Governor to appoint a coroner for the city and county of New-York, to supply a vacancy in said office;" and after some time spent thereon, Mr. President resumed the chair, and Mr. Beckwith, from the said committee, reported the same with an amendment; which was agreed to by the Senate, the amendment ordered to be engrossed, and the bill to a third reading.

Then the Senate adjourned until 11 o'clock to-morrow morning.

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