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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.

83. 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:

FOR THE AFFIRMATIVE,

Foote
Halsted
Hubbell
Johnson
Lafilin

Loveland
Mandeville
Paterson
Pratt

Prosser
Scott
Smith
Truman

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

22

Boardman
Brandreth
Burhans
Darling
Diven

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

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:

FOR THE AFFIRMATIVE.

Foote
Halsted
Hubbell
Johnson
Lailin

Loveland
Mandeville
Paterson
Pratt
Prosser

Scott
Smith
Truman
0. B. Wheeler

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

23

Ames
Boardman
Brandreth
Burhans
Darling

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.

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.

Foote
Halsted
Halsted
Johnson

Laflin
Loveland
Mandeville
Paterson

Pratt
Prosser
Scott
Smith

Truman
0. B. Wheeler
W.A. Wheeler
J. A. Willard

21

Ames
Boardman
Brandreth
Burhans
Darling

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:

Ames
Boardmau

Foote
Halsted

FOR THE AFFIRMATIVE.
Laflin

Pratt
Loveland

O. B. Wheeler
W.A. Wheeler

Prosser

Brandreth
Burhans
Darling

Hubbell
Johnson

Mandeville
Paterson

Scott
Truman

J. W. Aillard
John D. Willard

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:

FOR THE AFFIRMATIVE,

Foote
Halsted
Hubbell
Johnson

Laflin.
Mandeville
Paterson
Pratt

Prosser
Scott
Truman
O. B. Wheeler

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

19

Ames
Brandreth
Burhans
Darling

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

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.

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, 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 affirmativė, a majority of all the members elected to the Senate voting in favor thereof, as follows:

FOR THE AFFIRMATIVE.

Ames
Boardman
Brandreth
Burhans

Darling
Foote
Ilalsted
Hubbell

Johnson
Loveland
Mandeville
Paterson

Pratt
Prosser
Scott
Truman

0. 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:

FOR THE AFFIRMATIVE.

Ames
Foote
Loveland
Prosser

W. A. Wheeler
Boardman
Halsted
Mandeville Scott

J. A. Willard Brandreth Hubbell

Paterson
Truman

John D. Willard
Burhans
Johnson
Pratt

0. B. Wheeler Williams Darling

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

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.

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.

Ames
Boardman
Brandreth
Burhans

Paterson
Pratt
Prosser
Scott

Smith
Spinola
Truman
O. B. Wheeler

W.A. Wheeler
J. A. Willard
John D. Willard
Williams 20

Darling
Halsted
Hubbell

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

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.

Ames
Tlalsted
Pateison
Smith

W. A. Theeler Brandreth llnbbell

Pratt
Spinola

J A. Willard
Burhans
Jolinson
Prosser
Truman

Jolin D. Willard
Darling
Lafilin
Scott

O. B. Wheeler Willians
Foote
Loveland

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:

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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 incorporate the association of contributors for the care and relief of insane poor in Brigham Hall," 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.

Ames
Boardman
Burhans
Darling
Foote

Halsted
Hubbell
Johnson
Laflin

Loveland
Mandeville
Paterson
Pratt

Prosser
Scott
Smith
Truman

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

21 and

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

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

J. A. Willard

Ames
Boardman
Brandreth
Burhans

Darling
Foote
Halsted
Paterson

Pratt
Prosser
Scott
Smith

Truman
0 B. Wheeler John D. Willard
W. A. Wheeler 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 :

6. 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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