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to hear complaints in criminal cases, that there is reasonable ground to apprehend that an offence within any of the specifications of the preceding section is about to be committed, such magistrate shall issue his warrant to the sheriff or to any constable in the county of such magitrate's residences, for the arrest of the person or persons so about to offend; and upon such person being brought before him, such magistrate shall enquire into the matter, and if it shall appear that there is reasonable ground to apprehend that such person was about to commit any offence specified in the preceeding section, he shall require such person to enter into a bond to the people of the State of New York, in such sum not exceeding one thousond dollars, as such magistrate shall fix, that such person will not for the space of one year offend against any of the provisions of this act; such bond may, in the discretion of the magistrate, be required to be with sureties, to be approved of by such magistrate, or may be taken without surety. If such person shall omit or refuse to enter in such bond, the magistrate shall commit such person to the county jail, there to remain until discharged by a court of record having criminal jurisdiction.

§ 3. Any person committed, under the last section, to the county jail, may at any time, upon habeas corpus, be discharged from his imprisonment by executing the bond directed by the committing magistrate; if such bond was required to be with surety, the officer taking the same shall approve of the surety.

§4. It shall be the duty of all sheriffs, constables, poliecemen and watchmen, who shall have reasonable grounds to believe that any offence specified in the first section of this act is about to be committed within their jurisdiction, to make complaint, under the provisions of this act, to some magistrate witnin their jurisdiction; and if any sheriff, constable, policeman or watchman, shall wilfully neglect his duty in this respect, he shall be, upon conviction, deemed guilty of a misdemeanor, and shall also forfeit his office.

The President put the question whether the Senate would concur in said amendment, and it was decided in the affirmative, as follows:

Boardman
Brandreth

Foote
Halsted
Hubbell

Johnson

Laflin

Burhans

Darling

Diven

FOR THE AFFIRMATIVE.

Loveland
Mandeville
Paterson
Pratt

O. B. Wheeler

W. A. Wheeler
J. A. Willard
John D. Willard
22

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amend

ments.

Prosser
Scott

Smith

Truman

Mr. Prosser gave notice that he would, at an early day, ask leave to introduce a bill to enable certain corporations to change the location of their principal office, in certain cases.

Also, to introduce a bill for relief in cases of double taxation.

Mr. Brandreth gave notice that he would, at an early day, ask leave to introduce a bill to improve the Carthage and Lake Champlain road.

[SENATE JOURNAL.]

37

Mr. Laflin gave notice that he would, at an early day, ask leave to introduce a bill to amend an act in relation to the support of the poor in the county of Herkimer.

By unanimous consent, Mr. Laflin asked and obtained leave to introduce a bill entitled "An act to amend an act in relation to the support of the poor in the county of Herkimer," 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.

The bill entitled "An act to revise the charter of the village of Binghamton," 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:

Ames
Boardman
Brandreth

Burhans

Darling

Foote
Halsted

Hubbell

Johnson

Laflin

Ames
Boardman
Brandreth

Burhans

Darling

FOR THE AFFIRMATIVE.

Loveland
Mandeville
Paterson

23

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

The bill entitled "An act to confer upon the board of supervisors of Monroe county, certain powers relative to the office of clerk of said county," was read a third time.

Foote
Halsted

Halsted

Johnson

Ames
Boardman

Pratt

Prosser

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:

Scott
Smith
Truman

O. B. Wheeler

Foote
Halsted

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W. A. Wheeler

J. A. Willard
John D. Willard
Williams

21

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

Mr. Darling, from the committee on engrossed bills, reported as correctly engrossed, the bill entitled as follows:

"An act to incorporate the association of contributors for the cure and relief of insane poor in Brigham Hall."

The bill entitled "An act to make corporations in the city of Buffalo taxable, the same as corporations in other cities and counties of the State," 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:

FOR THE AFFIRMATIVE.
Laflin
Loveland

Truman

O. B. Wheeler W. A. Wheeler J. A. Willard

Pratt
Prosser

O. B. Wheeler
W. A. Wheeler

Brandreth
Burhans

Darling

Ames
Brandreth
Burhans

Darling

Hubbell
Johnson

21

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

The Assembly bill entitled "An act to change the corporate name of 'The Minister, Elders and Deacons of the Protestant Reformed Dutch Church of Duanesburgh' to 'The First Presbyterian Church of Duanesburgh,'" 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:

Ames
Boardman
Brandreth
Burhans

Foote
Halsted

Hubbell

Johnson

W. A. Wheeler
J. A. Willard
John D. Willard
19

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.

Hubbell

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Darling
Foote
Halsted

Johnson

Ames

Boardman
Brandreth
Burhans

The Assembly bill entitled "An act to authorise the trustees of the village of Newburgh to open North street, and to assess and collect the damages and expenses for laying out, opening and grading said street," was read a third time.

FOR THE AFFIRMATIVE.

Laflin.

Mandeville
Paterson

Pratt

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:

Darling

Foote

Prosser
Scott
Truman
O. B. Wheeler

Halsted

Hubbell

J. W. Aillard
John D. Willard

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FOR THE NEGATIVE.

Paterson

Truman

3

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.

The bill entitled "An act to authorise Wynant G. Vandenburgh, the only surviving member of the Consistory of the Reformed Protestant Congregation, of Halfmoon, Saratoga county, to alienate certain real estate belonging to said congregation," 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 affirmativé, a majority of all the members elected to the Senate voting in favor thereof, as follows:

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FOR THE AFFIRMATIVE.

Johnson

Loveland
Mandeville

Paterson

W. A.Wheeler

J. A. Willard
John D. Willard

17

Pratt
Prosser

Scott
Truman

O. B. Wheeler
W. A. Wheeler
J. A. Willard
John D. Willard

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

The Assembly bill entitled "An act to amend section 1, of chapter 216 of the Laws of 1850, in relation to the Troy Savings Bank," 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:

Ames
Boardman

Brandreth

Burhans

Darling

Foote
Halsted

Hubbell

Johnson

Ames
Boardman
Brandreth

Burhans

21

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.

FOR THE AFFIRMATIVE.

Loveland
Mandeville

Paterson

Pratt

The Assembly bill entitled "An act to authorise the stockholders of the Buffalo City Bank, to reduce the capital stock of said bank," was read a third time.

Prosser
Scott
Truman

O. B. Wheeler

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:

Darling

Halsted

Hubbell

Johnson

Ames
Brandreth
Burhans

Darling

Foote

W. A. Wheeler

J. A. Willard
John D. Willard
Williams 20

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.

Halsted
Hubbell

Johnson

Laflin

Loveland

FOR THE AFFIRMATIVE.

Paterson

Pratt

Prosser

Scott

W. A. Wheeler
J. A. Willard
John D. Willard
Williams

Smith
Spinola
Truman

O. B. Wheeler

The Assembly bill entitled "An act to regulate the collection of taxes in the town of Watervliet, in the county of Albany, and for other purposes," 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:

FOR THE AFFIRMATIVE.

Paterson

Pratt
Prosser
Scott

Smith
Spinola
Truman

O. B. Wheeler

W. A. Wheeler

J A. Willard
John D. Willard
Williams

22

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.

The bill entitled "An act to incorporate Brigham Hall, a hospital for the reception and care of the insane," 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:

Ames
Boardman

Brandrech

Burhans

Darling

Foote
Halsted

Hubbell

Johnson

Laflin

Ames
Boardman

Burhans

Darling

Foote

Halsted

Hubbell

Johnson

Laflin

Ames

Boardman
Brandreth

Burhans

FOR THE AFFIRMATIVE.

Loveland
Mandeville
Paterson

Pratt

Prosser

23

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

The bill entitled "An act to incorporate the association of contributors for the care and relief of insane poor in Brigham Hall," was read a third time.

Scott
Smith

Darling
Foote

Halsted

Paterson

Spinola

Truman

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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W. A. Wheeler

J. A. Willard
John D. Willard
Williams

21

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

The bill entitled "An act to amend section 33, of article 2, title 3, chapter 8, of the third part of the Revised Statutes, relative to suits against heirs," was read a third time.

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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.

Pratt
Prosser

Scott

Smith

Truman

O B. Wheeler
W. A. Wheeler

W. A. Wheeler

J. A. Willard
John D. Willard
Williams

J. A. Willard
John D. Willard
Williams

18

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

Mr. Hubbell moved to re-commit the bill entitled "An act for the relief of the New York State Inebriate Asylum, and for other purposes," to the committee of the whole, with instructions to amend by inserting the following as an additional section :

"That out of the excise money received under chapter 628, Session Laws of 1857, shall first be paid all expenses incurred by any of the counties, cities, villages or towns of this State, in executing said Law, (chapter 628, passed April 16, 1857,) before any percentage shall be paid to this Asylum, and which amount shall be ascertained by the audit of the same expenses by the proper auditors of such accounts."

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