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In pursuance of previous notice, Mr. Ames asked and obtained leave to introduce a bill entitled "An act to amend the Revised Statutes relative to the duties of executors and administrators, in the payment of debts and legacies," 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. Hubbell asked and obtained leave to introduce a bill entitled, "An act to amend the charter of the city of Utica," 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. 0. B. Wheeler asked and obtained leave to introduce a bill entitled "An act to authorize the Middletown and Unionville plankroad to sell or mortgage their road," 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.

In pursuance of previous notice, Mr. O. B. Wheeler asked and obtained leave to introduce a bill, entitled “An act to authorize the Middletown and Bloomingburgh plankroad company to sell or mortgage their road," 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 amend an act passed April 17, 1854, entitled 'An act to incorporate the village of Lyons," 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:

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

By unanimous consent, Mr. Boardman moved to amend the bill, entitled “An act in relation to Waterloo Union School, and school districts numbers one and fifteen, in the town of Waterloo, county of Seneca," as follows: 6 on third line, erase the word " said," and in place of the first erasure, insert the word “the;” on fourth line after the word “fifteen," insert " in the town of Waterloo, county of Seneca."

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, [SENATE JOURNAL.]

17

a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

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

The Assembly bill, entitled "An act in relation to the Oneida county poor house," 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:

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

The bill entitled "An act to amend the act entitled 'An act in relation to draining certain lands in the town of Granby, in the county of Oswego, passed April 6, 1857," 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:

FIR
Ames

Laflin
Scott

O. B. Wheeler Boardman Halsted

Loveland
Smith

J. A. Willard Brandreth

Paterson

Truman
Darling
Prosser

18

FOR THE AFFIRMATIVE.

Foote

Williams

Hubbell
Johnson

FOR THE NEGATIVE.

Burhans

Diven

2

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 Emrilous Janette Hadlock to Emrilous Janette Williams," 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:

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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 Mary Jane Stork to Mary Jane Rea," 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.

Ely

Foote

0, B. Wheeler

Johnson
Laflin
Loveland
Paterson

Scott
Smith

Hubbell

18

Ames

Prosser

Truman
Brandreth
Burhans
Halsted

J. A. Willard Darling

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

The hour of twelve 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 bill entitled “An act to change the name of John Peter Bayer to John Peter Chatillon," 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.

Paterson
Prosser
Scott
Smith

Truman
O. B. Wheeler
J. A. Willard
Williams

21

Ames
Diven

Hubbell
Boardman
Ely

Johnson
Brandreth
Foote

Laflin
Burhans
Halsted

Loveland
Darling

On motion of Mr. Darling, Resolved, That the Comptroller be requested to inform the Senate whether the compensation allowed to the railroad commissioner by chapter 633, section 2d, of the Laws of 1857, has been paid to said commissioner, and whether the services required in consideration of said compensation, have been performed; and that he communicate, so far as he shall be able, the reasons for the delay, if there has been any, in the performance of such service.

The President presented an invitation from a committeee of the State Medical Society, to attend at the delivery of their annual address, this evening at 7 v'clock.

On motion of Mr. Johnson, The invitation was accepted.

The President presented the report of the Secretary of State, in answer to a resolution of the Senate, as to number of pardons granted, &c.; which was laid on the table and ordered printed.

(See Doc. No. 42.) Mr. Brandreth offered the following resolution, viz:

Resolved, That ten extra copies of the report of the Secretary of State, relative to pardons, commutations of sentence, and restorations to citizenship, be printed for the use of each member of the Legislature, and 500 for the Secretary of State.

Ordered, That said resolution be referred to the committee on public printing.

Mr. Halsted offered the following resolution :

Resolved, That the hour of adjournment of the Senate, on and after to-morrow (Feb. 3), be at a quarter before 2 o'clock, P. M.

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

On motion of Mr. Williams, Resolved, That the bill, entitled “An act to amend an act to provide for the incorporation of Insurance Companies, passed June 25, 1853," be recommitted to the committee on insurance companies.

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 provide for the better regulation and keeping of the poor house in the county of Wayne, and for other purposes."

Assembly bill, "An act to change the name of Margaret Skivington to Winnie Alida Ostrander."

‘An act to increase the powers and duties of public administrators."

And after some time spent therein, Mr. Boardman from said committee, reported progress on said bills, and asked and obtained leave to sit again.

On motion of Mr. Prosser, the Senate adjourned.

THURSDAY, FEBRUARY 3, 1859.

The Senate met pursuant to adjournment.
Prayer by the Rev. Mr. Miller.
The journal of yesterday was read and approved.

The President appointed as the select committee, to whom is referred the petition of the Croton Aqueduct Commissioners, and Commissioners of the Sinking Fund of the city of New York, Messrs. Ely, Halsted and Johnson.

The President presented an invitation from H. H. Van Dyck, Superintendent of Public Instruction, to the Senate, to attend the closing exercises of the State Normal School, this afternoon at 31 o'clock.

On motion of Mr. Halsted, the invitation was accepted.

Mr. Johnson presented a petition of citizens of Albany, for aid to the Troy University, which was read and referred to the committee on literature.

Mr. Paterson presented three petitions of citizens of Monroe co., for a law to provide for a speedy appraisal of canal damages, which were read and referred to the committee on canals.

Mr. Diven presented a petition of sundry inhabitants of Havana, praying for an act authorizing the Canal Appraisers to appraise the damages of Samuel P. Cunningham, occasioned by the breaking of the Chemung canal, which was read and referred to the committee on claims.

Mr. John D. Willard presented a petition of inhabitants of Fort Edward, for aid to the Troy University, which was read and referred to the committee on literature.

Mr. Burhans presented a petition of citizens of the town of Schoharie, for aid to the Troy University, which was read and referred to the committee on literature.

Mr. Prosser presented a petition of Jason Parker and 373 others, citizens of Buffalo, praying for the better regulation of railroad freights, which was read and referred to the committee on canals.

Mr. Ames presented four remonstrances against increasing the number of justices in the city of Oswego, which were read and referred to the committee on the incorporation of cities and villages.

Mr. Foote presented a memorial of Th. J. Bissell, A. L. ders and others, of Brookfield, Madison county, in relation to the excise law, and asking for the passage of a law which shall prohibit the sale of intoxicating liquors as a beverage, which was read and referred to the committee on the internal affairs of towns and countins.

Mr. Williams presented a petition of citizens of the county of Wayne, for regulating the fees of justices of the peace and constables, which was read and referred to the committee on the judiciary.

Mr. Mather presented a petition of Jos. Helmpracht and others, on behalf of the Church of the Most Holy Redeemer, in Third street in the city of New York, which was read and referred to the committee on charitable and religious societies.

Mr. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the bill entitled “An act in relation to the Town Insurance Company of the town of Brunswick," 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. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the bill entitled "An act to incorporate the Elmira Water Company,” reported the same for the consideration of the Senate, which report was agreed to, and said bill committed to the committee of the whole.

Mr. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the bill entitled "An act to confer certain powers upon the board of supervisors of the county of Monroe, relative to the office of clerk of said county," reported the same for the consideration of the Senate, which report was agreed to, and said bill committed to the committee of the whole.

Mr. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the petition of superintendents of the poor of Wayne county, to provide for the better

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