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of the North Protestant Reformed Dutch Church of Gowanus," 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
Halsted
Lamont
Pratt

0. B. Wheeler
Darling
Hubbell
Loveland
Prosser

W. A. Wheeler Diven Johnson Noxon Scott

John D. Willard Foote Laflin Paterson Truman

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.

The Assembly bill entitled "An act to change the name of Porter Ketcham Terry to James Terry Porter," 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 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 confirm the official acts of persons appointed by the Governor to fill vacancies in the office of justice of the peace," 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 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 amend the act entitled 'An act to combine into one act the several acts relating to the city of Albany,' passed April 12, 1842," 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 negative, as follows:

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Diven
Laflin

W.A. Wheeler
Williams 10

Prosser

0. B. Wheeler

Noxon
Pratt

Truman
Paterson
A A quorum not voting, said bill was laid aside.

Mr. Johnson moved that the Sergernt-at-Arms be sent after the absent members.

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 repeal parts of an act entitled "An act to amend an act entitled "An act to incorporate the city of Poughkeepsie, passed March 28th, 1854, and the amendment thereto April 12th, 1855, to authorize the common council of said city to borrow and assess two thousand five hundred dollars, for debts incurred by them for highway and bridge purposes, passed April 2d, 1858," 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, with amendwents.

The Assembly bill entitled “An act to annex a part of the town of Italy, in the county of Yates, to the town of Naples, in the county of Ontario," 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 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 revise and consolidate the act to incorporate the village of Hoosick Falls, and the several acts amending the same," 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

Laflin
Lamont
Loveland
Noxon

Paterson
Pratt
Scott
Truman

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

21

Ames
Boardman
Burhans
Darling
Diven

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, with amendments.

The bill entitled " An act to amend an act incorporating the village of Ellicottville,” 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.

Diven
Foote
Halsted
Hubbell

Lafin
Lamont
Loveland
Noxon

Paterson
Pratt
Prosser
Truman

John D. Willard
Williams 20

Ames

O. B. Wheeler Boardman

W. A. Wheeler Burhans Darling

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

The bill entitled "An act to amend the articles of incorporation of the Market Fire Insurance company of the city of New York," 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 for the relief of the heirs and legatees of Phineas P. Bates," 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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Halsted
Laflin

Noxon
Paterson

18

Burhans

O. B. Wheeler Williams Darling

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

Mr. Laflin called for the consideration of the following resolution:

Resolved, that the select committee to which was referred the petition and papers of Henry C. Wetmore, claiming a seat in the Senate as Senator from the 11th Senatorial district, be discharged from the further consideration of the subject, and that the same be referred to the committee on privileges and elections, with instructions to report at the earliest practicable time, the facts and the law in the

case,

Mr. Laflin moved to strike out all after the word “Resolved," and insert the following:

“ That Henry C. Wetmore be and is hereby declared entitled to a seat in this body as Senator, from the 11th Senatorial district, and that he be admitted to the same forthwith, upon his taking the proper oath."

Mr. John D. Willard moved to lay the whole subject on the table.

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

Mr. Diven moved to amend the amendment, by striking out all after the word “Resolved," and inserting :

“ That the select committee to which was referred the petition and papers of Henry C. Wetmore, be discharged from the further consideration of that subject."

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

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Pratt

Burhans

Scott
John D. Willard

4 When the name of Mr. Laflin was called, that gentleman asked to be excused from voting.

The President put the question whether the Senate would agree to excuse Mr. Latlin, and it was decided in the affirmative.

Mr. Laflin moved to amend the amendment, by adding thereto the following:

“And that the same be referred to a select committee, with instructions to report the facts, and the law in the case, as soon as practicable.”

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

The President then put the question whether the Senate would agree to said resolution, as amended, and it was decided in the affirmative. [SENATE JOURNAL.]

53

Mr. Pratt asked, and the President directed the Clerk to call the roll, when the following Senators were found present:

Ames
Boardman
Burhans
Darling
Diven

Foote
Halsted
Hubbell
Johnson

Laflin
Lamont
Loveland
Noxon

Paterson
Pratt
Prosser
Scott

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

21

Mr. Halsted offered the following resolution :

Resolved, (if the Assembly concur,) That the two houses of the Legislature proceed, in the manner provided by law, on Tuesday the 29th day of March, instant, at 12 o'clock, at noon, to the election of two Regents of the University ; one in place of John McLean, deceased, and one in place of William C. Bryant, declined. Ordered, That said resolution be laid on the table.

On motion of Mr. Foote, and by unanimous consent, Resolved, That Assembly bill No. 124, amending the charter of the village of Oxford, be recommitted to the committee on the incorporation of cities and villages, with power to report complete.

On motion of Mr. John D. Willard, Resolved, That the bill entitled “ An act to protect the liberty of witnesses,” be made the special order for Saturday next, at 1 o'clock.

Mr. Diven offered the following:

Resolved, that the bill entitled "An act in relation to the locks on the Chemung canal," 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.

Mr. W. A. Wheeler offered the following:

Resolved, That the bill entitled "An act referring the claim of Eli Chittenden," 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. Paterson, the Senate adjourned to 73 o'clock.

1

HALF-PAST SEVEN O'CLOCK, P. M.

The Senate again met.

By unanimous consent, Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled "An act further to amend the charter of the village of Dunkirk," 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. Halsted, from the committee on the incorporation of cities and villages, to which was referred the Assembly bill entitled “An

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