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Mr. Spinola moved to postpone the further consideration of the question until Tuesday next at 1 o'clock.

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

The Assembly bill entitled "An act to expedite the canvass of votes for Senator in the 29th Senate district of this State, at a special election to be held in said district, on Tuesday, the 15th day of March, 1859, under the proclamation by the Governor," 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
Darling

Burhans

Diven
Foote

Halsted

Hubbell

Ames
Boardman
Brandreth

Burhans

Darling

Diven
Foote

Ames
Boardman
Brandreth
Burhans

Pratt

O. B. Wheeler JohnD.Willard 5

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

FOR THE AFFIRMATIVE.

Johnson
Laflin

Loveland

The bill entitled "An act to authorise the commissioners of highways of the town of Southport, in the county of Chemung, to lay out a highway on the line between said town and the State of Pennsylvania," 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:

Paterson
Prosser
Truman

FOR THE NEGATIVE.

Spinola

Diven
Foote

Halsted
Hubbell

FOR THE AFFIRMATIVE.

Laflin
Loveland
Paterson
Pratt

W. A. Wheeler

J. A. Willard
Williams

Prosser
Scott

Spinola
Truman

22

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

The bill entitled "An act to incorporate the Elmira Water Company," was read a third time.

17

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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W. A. Wheeler

J. A. Willard
John D. Willard
Williams

Truman

W. A. Wheeler

J. A. Willard
John D. Willard20

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

A message was received from His Excellency the Governor, by the hands of his Private Secretary, in the words following, to wit: STATE OF NEW YORK: EXECUTIVE DEPARTMENT, ALBANY, March 5, 1859.

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

Feb'y 18. "An act to amend chapter 9, title 9, article 8, part first

of the Revised Statutes, entitled 'regulations and penalties concerning the navigation of the canals and the collection of tolls."

24. "An act to amend an act entitled 'An act to incorporate the Bloomingdale Savings bank,' passed April 17, 1854."

25. "An act to appropriate the proceeds of the State tax for support of schools.”

26. “An act authorizing the trustees of the village of Middletown, in the county of Orange, and State of New York, to permit the construction of gas works in said village."

"An act to amend an act entitled 'An act to incorporate the village of Rhinebeck,' passed April 23, 1834." 28. “An act to change the time of holding the charter election of the vllage of Schuylerville."

"An act to amend an act passed April 17, 1854, entitled 'An act to incorporate the village of Lyons."

March 1. "An act to provide for the payment to John A. King the amount of money paid by him for the troops stationed at Quarantine, Staten Island."

"An act to authorize the board of supervisors of the county of Clinton to change the site of the county poorhouse buildings."

"An act in relation to a bridge across Buffalo Creek, in the county of Erie."

4. "An act relating to the term of office of the county treasurer of the county of Monroe."

"An act to extend the charter of the fire department of the city of Albany."

"An act to incorporate the Oswego City savings bank in the city of Oswego."

5. "An act authorizing persons convicted before magistrates or courts of special sessions of the peace, in the town of Waterford, in the county of Saratoga, and sentenced to imprisonment in the county jail, at hard labor, to be transported directly to the Albany penitentiary."

I have this day also approved the bill entitled "An act to extend the time for the collection of taxes." Although this is a general bill,

extending the time equally throughout the State, I have signed it with great reluctance, and only for the reason that many of the assessors, supervisors and collectors seem to have presumed that an extension of time for collecting the taxes would be granted by the Legislature, as a matter of course, and have therefore allowed the legal time to expire without doing so. There cannot be the same excuse hereafter, and it is my intention to refuse my assent to any bill of similar purport that may be presented to me next year.

E. D. MORGAN.

Mr. Johnson, from the select committee, to which was referred the subject of a Registry Law, submitted a report in writing, which was read, laid on the table and ordered printed, together with two bills accompanying the same.

(See Doc. No.

•)

Mr. Smith offered the following resolution:

Resolved, That on and after Tuesday next, the Senate will meet at 10 o'clock a. M.

Ordered, That said resolution be laid on the table.

On motion of Mr. Loveland,

Resolved, That the Assembly bill entitled "An act to provide the means for the enlargement and completion of the canals of this State, specified in section 3, article 7 of the Constitution, for the fiscal year, commencing October 1st, 1859, and for other purposes," be made the special order for Tuesday morning next, at 12 o'clock.

A message from the Assembly was received and read, requesting the concurrence of the Senate to the following entitled bills:

"An act to enlarge the bounds of the village of Fort Edward, making the same a separate road district, and conferring additional powers upon the trustees and taxable inhabitants of said village," 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.

"An act to release the interest of the people of this State to certain real estate in the city of New York, of which Richard E. Alcock died seized," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Mr. Foote offered the following resolution:

Resolved, That 200 extra copies of the report made and bills introduced by the select committee on the Registry Law, be printed for the use of the Senate.

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

A message from the Assembly was received and read, informing that they had concurred in the passage of the following entitled bill, without amendment:

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"An act to extend the time for the collection of taxes.' Ordered, That the Clerk deliver said bill to the Governor.

Mr. Brandreth offered the following resolution:

Resolved, That the affidavit of Hon. Edmund G. Sutherland, rebutting the testimony of Sluman Frink, be published along with the evidence taken before the committee on public buildings, with reference to the lobby.

Mr. John D. Willard moved to amend by adding thereto the following words: " and all other affidavits bearing on the matter referred to the committee, which shall be presented to the Senate within ten days."

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

The President then put the question whether the Senate would agree to said resolution, offered by Mr. Brandreth, and the vote was as follows:

Brandreth
Burhans

Foote
Loveland

FOR THE AFFIRMATIVE.

Pratt
Prosser

Scott

FOR THE NEGATIVE.

Diven

Paterson

O. B. Wheeler John D. Willard

No quorum being present, the Senate adjourned.

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MONDAY, MARCH 7, 1859.

The Senate met pursuant to adjournment.

Prayer by Rev. Mr. Pomfret.

The journal of Saturday was read and approved.

Mr. Darling presented a petition of citizens of Ellicottville, Cattaraugus county, for an act to amend an act incorporating said village, which was read and referred to the committee on the incorporation of cities and villages.

Mr. Prosser presented a petition of S. A. Dakin for relief, in consequence of damage to canal boat, caused by a break in Erie canal, in the Spring of 1858, which was read and referred to the committee on claims.

Mr. Williams presented a petition of the members of the First Baptist church and society of the town of Macedon, Wayne county, to sell parsonage, which was read and referred to the committee on charitable and religious societies.

Also a petition of inhabitants of Galen, Wayne county, for aid to the Troy University, which was read and referred to the committee on literature.

In pursuance of previous notice, Mr. Prosser asked and obtained leave to introduce a bill entitled "An act to enable certain corporations to change the location of their principal office, in certain cases," which was the first time, and by unanimous consent was also

[SENATE JOURNAL.]

38

read the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Prosser asked and obtained leave to introduce a bill entitled "An act for relief in cases of double taxation," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

The order of motions and resolutions having been reached, the President announced that the question at the time the Senate adjourned on Saturday, was on the adoption of the following resolu

tion:

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Resolved, That the affidavit of Hon. Edmund G. Sutherland, rebutting the testimony of Sluman Frink, be published along with the evidence taken before the committee on public buildings, with reference to the lobby.

Mr. Foote moved to lay the resolution on the table.

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

Mr. Pratt offered the following resolutions:

Resolved, (if the Assembly concur,) That our Senators and Representatives in Congress be requested to urge the passage of a law by which books for copyright, in the Southern district of this State, may be deposited of record, in the Library of the New York Historical Society; and those in the Northern district, in the State Library.

Resolved, That the Governor be requested to transmit this resolution to our Senators and Representatives at the opening of the next session of Congress.

Ordered, That said resolution be laid on the table.

Mr. J. A. Willard offered the following resolution:

Resolved, That the Senate bill entitled "An act for the construction of a road from the town of Osceola, in Lewis county, to the town. of Martinsburgh," be referred to the first committee of the whole.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative, two-thirds of all the members present voting in favor thereof.

On motion of Mr Prosser,

Resolved, That the bill reported on the 5th instant by the committee on canals, entitled "An act to provide for the payment for work done and materials furnished on and for certain parts of the Erie canal enlargement," be recommitted to the committee on canals.

Mr. Paterson offered the following resolution:

Resolved, That the committee on the judiciary be directed to prepare a bill to regulate the assessment and collection of taxes, embracing the following principles:

1st. That the assessments shall be taken in the month of April, the assessment rolls completed and delivered to the supervisors on or before the first Monday in June.

2d. The assessment rolls to include all the real and personal estate within the town or ward, except personal property exempt from levy

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