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of a railroad track in and through certain streets in the city of Syracuse," 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. Hubbell, from the committee on insurance companies, to which was referred the bill entitled “An act to amend the articles of incorporation of the Market Fire Insurance company, of the city of New York," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered engrossed for a third reading.

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

"An act in relation to the New York Protestant Episcopal Public School."

Mr. Hubbell, from the committee on insurance companies, to which was referred the petition of the Ocean Insurance company, for a change of name and amendment of its charter, reported a bill entitled “An act to amend the charter and change the name of the Ocean Insurance company," which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of he whole.

Mr. Ely, from the committee on insurance companies, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act in relation to all companies transacting the business of life insurance, within the State," reported in favor of the passage of the same, with an amendment, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Mather, from the committee on grievances, to which was referred the bill entitled "An act to provide for the payment of certain moneys to George Cessford, father and heir-at-law of William Cessford, deceased,” 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 amend an act incorporating the village of Ellicottville," with power to report complete, reported the saine complete, with an amendment, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Foote, from the committee on militia and public defence, to which was referred the bill entitled 56 An act to extend the time in which the appropriations made by chap. 630, passed April 15, 1857, may be expended," reported that the committee have had the same under consideration, and have substituted in lieu thereof a bill entitled “An act to continue and extend on act entitled 'An act to authorize the sale of the State Arsenals in New York and Albany, to provide for the purchase of the New York Arsenal property in New York, by the city of New York, and for the appropriation of the proceeds of such sale," have made sundry amendments thereto, and report the same to the Senate, and, as amended, recommend its pas

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sage; which report was agreed to, and said bill committed to the committee of the whole.

Mr. Noxon, from the committee on the judiciary, to which was referred the bill entitled "An act for the relief of the heirs and legatees of Phineas P. Bates," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act to revise and consolidate the act to incorparate the village of Hoosick Falls, and the several acts amending the same," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

By unanimous consent, Mr. Mather moved that the bill entitled "An act in relation to the New York Protestant Episcopal School," now have its third reading.

The Clerk was proceeding to read, when

Mr. Noxon moved to recommit said bill to the committee on charitable and religious societies.

Pending the question on the motion of Mr. Noxon, the President announced the special order, being the Assembly bill entitled as follows:

“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 conimencing October 1st, 1859, and for other purposes."

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of said bill.

And after some time spent therein, Mr. Darling, from said committee, reported in favor of the passage of the same, with amendments.

Mr. Hubbell moved to amend the report of the committee, by adding at the end of the 12th line of sec. 2, the following words, as offered by him in committee of the whole, viz: “And the further sum of $12,418, out of any money that is subject to and can be so applied to the Black River canal improvement."

The President put the question whether the Senate would agree to said amendedment of Mr. Hubbell, and it was decided in the negative, as follows:

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Mr. Ely renewed his amendment, made in committee of the whole, in the words following, viz: “$25,000 of the above to be taken prorata from each amount) shall be appropriated to the improvement

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of the Harlem river, in order to facilitate the passage of canal freight to the east side of the city of New York.?

The President put the question whether the Senate would agree to said amendment of Mr. Ely, and it was decided in the negative, as follows:

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Mr. Diven moved to strike out the amendment made in committee of the whole, in the 4th section the words for work hereafter to be done."

The President put the question whether the Senate would agree to said motion of Mr. Diven, to strike out, and it was decided in the affirmative, as follows:

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Mr. Ames moved to reconsider the vote just taken.

The President put the question whether the Senate would agree to said motion of Mr. Ames, and it was decided in the negative, as follows:

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Diven

Mather
Pratt

Truman

WA Wheeler
John D. Willard

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Loveland By unanimous consent, Mr. Mather moved to amend, by adding at the end of section 4, the following words, viz: “But nothing in this act shall prevent the Canal Commissioner, or the engineer in charge, from certifying the amount due the contractor for work done and materials furnished previous to the passage of said act."

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

Mr. Paterson renewed the amendment made in committee of the whole, to add a new section, as follows:

" Sec. 6. The Canal Commissioners are authorized in their discretion, for the purpose of securing the navigation of the Erie canal across the Cayuga marshes, to maintain the present locks on the (SENATE JOURNAL.]

51

present old line of canal, but no money shall be expended therefor without consent of the Canal Board."

The President put the question whether the Senate would agree to said amendment of Jr. Paterson, and it was decided in the affirmative, as follows:

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Mather

Pratt
Schell

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Burhans

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W. A. Wheeler Diven

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Mr. John D. Willard renewed the amendment made in committee of the whole, to add a new section, as follows:

“There shall be imposed for the fiscal year commencing on the Ist day of October, 1859, a State tax of one half of one mill on each dollar of the valuation of real and personal property taxable in this State, to be assessed, raised and collected upon and by the annual assessments and collection of taxes for the said fiscal year, in the manner now prescribed by law, to be paid by the county treasurers, respectively, into the treasury of this state, and to be held by the treasurer thereof for the following purposes, viz: The whole amount of the proceeds of such tax shall be transferred to the Canal Fund on the warrant of the Comptroller and Treasurer, paid and applied to pay the interest upon that portion of the canal debt which has been created and incurred under and in pursuance of sec. 3, article 7 of the Constitution, as amended in the year 1854.”

The President put the question whether the Senate would agree to said amendment of Mr. John D. Willard, and it was decided in the negative, as follows:

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Foote
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Prosser

W.A. Wheeler
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Halsted
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Truman

J. A. Willard Darling Hubbell Paterson

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16 Mr. John D. Willard renewed the amendment made in committee

of the whole, to add the sum of “$20,000 to the appropriation of the Champlain canal."

The President put the question whether the Senate would agree to said amendment, and it was decided in the negative, as follows:

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Mr. John D. Willard renewed the amendment made in committee of the whole, to strike out the words "Auditor of the Canal Department” in the first line of 4th section, and insert in lieu thereof, the words “ Canal Board ;” also to strike out the words “ as soon as he shall have any money on hand” in the 2d and 3d lines of same section, and insert in lieu thereof, the words “as soon as there shall be any money in the hands of the Auditor."

The President put the question whether the Senate would agree to said amendments, and it was decided in the negative, as follows:

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Diven
Foote
Halsted

Hubbell
Loveland
Noxon

Paterson
Prosser
Truman

W.A. Wheeler
J. A. Willard

14

Ames
Boardman
Darling

The President then put the question whether the Senate would agree to the report of the committee of the whole, and it was decided in the affirmative.

Ordered, That said bill be read a third time.

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

Resolved, (if the Senate concur,) That the Clerk of this House be directed to furnish to each member officer and reporter, three copies of the Red Book or Manual, in the usual binding, and one copy full bound.

Also the following:

Resolved, (if the Senate concur,) That the Clerk of this House be directed to furnish each member, officer and reporter, three copies of the Civil List.

Ordered, That said resolutions be laid on the table.

The President presented the annual report of the trustees of the New York State Library, which was laid on the table and ordered printed.

(See Doc. No. .) Mr. Pratt offered the following resolution :

Resolved, That 1,500 copies of the report of the trustees of the State Libray, be printed for the use of the trustees.

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

Mr. Noxon moved to lay on the table the bill entitled "An act in relation to the New York Protestant Episcopal Public School."

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

By unanimous consent, Mr. Paterson offered the following:

Resolved, That 1,000 copies of the report of the minority of the committee on the bill for the suppression of intemperance and crime, be printed ; 800 for the use of the Senate, and 200 for the use of the committee.

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