with," 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. Scott, from the committee on the judiciary, to which was referred the bill entitled "An act in relation to the auditing of accounts of ministerial officers for certain services and expenses," 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. John D. Willard, from the committee on the judiciary, to which was referred the bill entitled "An act to confirm the title to certain real estate to the Hudson Iron Company, and to increase the number of trustees of said company," 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. Diven, from a majority of the committee on finance, to which was referred the petition of Stewart Brown and others, for a donation to the colored Home in New York, reported the following resolution:

Resolved, That the prayer of the petitioners be denied.

Mr. Spinola moved to lay the question on agreeing to the report of the committee, on the table.

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

Mr. Diven, from the committee on finance, to which was referred the petition of citizens of Jefferson and Lewis counties, for an appriation to improve the Beaver river, reported the following resolution. Resolved, That the prayer of the petitioners be denied.

Mr. Mather moved that the finance committee be discharged from the further consideration of the subject, and that it be referred to the committee on canals.

Mr. Brandreth moved that the report be recommitted to the committee on finance.

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

Mr. Diven, from the committee on finance, to which was referred the petition of Jonas W. Compson, for interest on moneys advanced by him on a canal contract, reported the following resolution:

Resolved, That the prayer of the petitioner be denied.

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

Mr. Diven, from the committee on the judiciary, to which was referred the petition of Aaron Remsen for release of escheated land, reported a bill entitled "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," 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. Diven, from the committee on the judiciary, to which was referred the bill entitled "An act authorizing the certificate of notaries public of other States and countries, to be received in evidence with the same effect as the certificate of notaries public of

this State," 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. Diven, from the committee on the judiciary, to which was referred the petition of James Furgeson for relief from escheat, reported a bill entitled "An act to release the interest of this State in certain real estate acquired by escheat on the death of James Furgeson, late of the city of New York," 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. Diven, from the committee on the judiciary, to which was referred the bill entitled "An act for the incorporation of the Port Morris Land and Improvement Company," 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. Halsted, from the committee on the incorporation of cities and villages, to which was referred the bill entitled "An act to provide for the payment of a deficiency in the revenue of the city of Brooklyn,” reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

The President presented the annual report of the Commissioners of Emigration, for the year 1858, which was laid on the table, and ordered printed.

(See Doc. No.

•)

Mr. Mather presented the eighth annual report of the Demilt Dispensary, of the city of New York, which was laid on the table and ordered printed.

In pursuance of previous notice, Mr. Loveland (for Mr. W. A. Wheeler) asked and obtained leave to introduce a bill entitled “An act to provide for the execution of a contract made by Eli Chittenden and others, with the Commissioners of the Land Office, April 10, 1856," 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. Williams asked and obtained leave to introduce a bill entitled "An act to amend the Revised Statutes in relation to division fences," 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. Loveland asked and obtained leave to introduce a bill entitled "An act to authorize the Inspector of State prisons to settle with J. D. Kingsland," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on State prisons.

By unanimous consent, Mr. Prosser asked and obtained leave to introduce a bill entitled "An act to incorporate the Buffalo college,"

which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

In pursuance of previous notice, Mr. Schell asked and obtained leave to introduce a bill, entitled "An act to incorporate the First Avenue Railway Company," 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.

By unanimous consent, Mr. Schell asked and obtained leave to introduce a bill entitled "An act to change the plan of the streets and avenues of the city of New York, lying north of 125th street, and west of the 8th avenue and Harlem river, and to establish a mode of opening the same," 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.

Mr. Brandreth gave notice that he would at an early day ask leave to introduce a bill providing for the sale of certain lands belonging to the State, and appropriating the moneys arising therefrom.

Mr. Foote gave notice that he would at an early day ask leave to introduce a bill entitled "An act to amend an act entitled 'An act to amend and condense the several acts in relation to the village of Hamilton,' passed May 11, 1840;" also, a bill to amend section 12, chapter 306, of the Laws of 1858, entitled "An act to amend certain sections of the Code of Procedure."

The bill entitled "An act for the relief of Lewis Clement," 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.

Mr. Brandreth moved to take from the table the bill entitled “An act to extend the charter of the New York and Harlem Railroad Company, and to determine the mode of using the same in the streets of New York."

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

Mr. Spinola moved to recommit the bill to the committee on railroads, with instructions to amend the title, so that it shall read "An act granting certain privileges to the New York and Harlem Railroad Company, and to the N. Y. and N. Haven Railroad Company." The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

Spinola

FOR THE AFFIRMATIVE.

1

Mr. Spinola moved to recommit, with instructions to strike out all after the word "city," in the 5th line of the second section. Mr. Spinola was proceeding to debate the motion, when he asked and the President directed the Clerk to call the roll, when the following Senators answered to their names:

Mr. Smith raised the point of order that "the Senator is not in order in discussing the merits of the bill, on a motion to recommit a particular section, but can only argue the necessity of the recommitment."

The President decided the point of order not well taken.

A message was received from the Governor, through his private secretary, in the words following:

ALBANY, Feb. 11, 1859.

To the Senate:-I approved the bills bearing the following titles, at the dates respectively named:

1859, January 12. "An act to regulate the supply of stationery to the members and officers of the Legislature." 14. "An act to amend chapter 5, part 2d of the Revised Statutes."

66

66

21. "An act to authorize John N. Hungerford to sell and convey his stock and interest in the Geo. Washington Bank."

27. "An act to legalize the acts of the assessors of the village of Wolcott, in making and completing the assessment roll of said village, May 25, 1858."

1859, February 3. "An act in relation to the town meeting in the town of Cicero, in the county of Onondaga." 9. "An act in relation to the Oneida county poor

house."

9. "An act to change the name of Clarissa Sadler

to Clarissa Woodford."

11. "An act to amend the articles of association of the Mutual Bank, Troy."

E. D. MORGAN.

Mr. Spinola moved to lay the bill on the table. The President put the question whether the Senate would agree to said motion, and it was decided in the negative.

Mr. Mather moved to amend the motion of Mr. Spinola, to recommit said bill to the railroad committee, with instructions to report back with the following amendment: insert after the word same," in 5th line of engrossed bill, "subject to all the restric

tions imposed by said several acts, except as herein modified;" and that it be made the special order on Tuesday next at 12 o'clock; and that the final vote be taken at 2 o'clock of that day, without debate or delay.

Mr. Scott moved to amend, by striking out "2 o'clock," and inserting "half-past 12 o'clock.'

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

The President then put the question whether the Senate would agree to the said motion of Mr. Mather, as amended, and it was decided in the affirmative.

On motion of Mr. Halsted,

Resolved, That the Assembly bill entitled "An act to authorize the Common Council of the city of Hudson, to fund the floating debt of said city, and for other purposes," be referred to the first committee of the whole.

On motion of Mr. Halsted, the Senate adjourned.

SATURDAY, FEBRUARY 12, 1859.

The Senate met pursuant to adjournment.

Prayer by the Rev. Mr. Sheldon.

The journal of yesterday, was read and approved.

Mr. John D. Willard presented a petition of 67 inhabitants of Fishkill, in the county of Dutchess, for aid to the Troy University, which was read and referred to the committee on literature.

Mr. Foote presented a memorial of citizens of Troy, asking for aid for Madison University, which was read and referred to the committee on literature; also a petition of citizens of Eaton, Madison co., asking for the passage of an act prohibiting the sale of alcoholic liquors as a beverage, which was read and referred to the committee on the internal affairs of towns and counties; also a petition of the temperance society of Chittenango, Madison co., on the same subject, which was read and referred to the committee on the internal affairs of towns and counties.

Mr. Halsted presented a petition of citizens of Wyoming county, praying for a law providing for the better government and regulation of railroads, and their freight tariffs, which was read and referred to the committee on canals.

Mr. W. A. Wheeler moved to discharge the committee on canals from the further consideration of petitions in relation to railroad freights, and that the same be referred to the standing committee on railroads.