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

Mr. Noxon, from the committee on the judiciary, reported back complete, amended, as instructed by the Senate, the bill entitled "An act referring the claim of Eli Chittenden and others."

Said bill, as amended, was then 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 deliver said bill to the Assembly, and request their concurrence therein.

The bill entitled "An act to increase the compensation of Assistant Matrons of the Sing Sing female prison," 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 deliver said bill to the Assembly, and request their concurrence therein.

The Assembly bill entitled “An act for the relief of Jemima Webh," 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, two-thirds 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.

Mr. John D. Willard moved to recommit to the committee on canals, 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," with instructions to amend as follows.

Add after the present 5th section a section in the following words, viz:

Sec. 6. There shall be imposed for the fiscal year commencing on the 1st 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 provided 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 used, 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 section 3, article 7, of the Constitution, as amended in the year 1854.

And that said committee, after making said amendment, immediately report the bill to the Senate.

Pending the question on the above, the hour for executive session having arrived, the Senate went into execntive session, and after some time spent therein, the doors were opened and legislative business resumed.

The President announced the special order, being the bill entitled as follows:

"An act in relation to the public health of the city of New York.”

Mr. Ely moved that said bill be referred to the committee on the incorporation of cities and villages, retaining its place on the general orders.

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

The President then announced the pending question, being on the motion of Mr. John D. Willard to recommit 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," with instructions.

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

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Mr. John D. Willard moved to lay said bill on the table.

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

By unanimous consent, Mr. Ames moved to amend said bill by striking out the following words:

“The power of releasing contractors from the performance of contracts, or from any liability growing out of contracts, upon the canals of this State, under any of the laws thereof, shall be and is hereby exclusively vested in the Legislature of this State.”

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

Mr. Mather moved to recommit said bill to the committee on canals, with instructions to report back forth with, and to amend by striking out in the 4th section the words “But nothing in this act shall prevent the Canal Commissioners or engineer in charge from, certifying the amount due the contractor for work done and material furnished previous to the passage of this act," and insert in lieu thereof, as follows: "But nothing herein contained shall prevent any Canal Commissioner from giving his draft for work done or materials furnished, or for any award made by the Canal Appraisers for lands taken or damages done previous to March 1st, 1859.

Mr. Spinola moved to lay said motion on the table.

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

Mr. Noxon moved to amend the motion of Mr. Mather, by recommitting to the committee on canals, with instructions to strike out the 4th section, in the words following:

“ The Auditor of the Canal Department shall notify the Canal Commissioners, respectively, when, and as soon as he shall have any money on hand subject to their drafts, and the amount thereof, and for what object or work it is applicable; and the Canal Commissioners shall make no more drafts on the said Auditor until the receipt of the notice aforesaid, or for a larger sum, or different object, than authorized by such notice from the Auditor."

And insert in lieu thereof, the following:

“84. Whenever the funds provided for in this act shall be exhausted, it shall be the duty of the Auditor to notify the Canal Commissioners of the same, and after such notice the Canal Commissioners shall make no further drafts upon such funds."

The President put the question whether the Senate would agree

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to said amendment of Mr. Noxon, and it was decided in the negative, as follows:

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FOR THE NEGATIVE.

Boardman
Diven
Loveland
Scott

W. A. Wheeler Brandreth Ely

Mather
Spinola

John D. Willard
Burhans
Halsted
Paterson
Truman

Williams
Darling
Johnson

17 Mr. Pratt moved to amend the motion of Mr. Mather, by inserting after the word " draft," the words “drawn so as to be payable when there is money in the treasury applicable to such purposes."

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

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Foote
Halsted
Hubbell
Johnson

Laflin
Lamont
Loveland
Paterson

Prosser
Schell
Scott
Sloan

Truman
W.A. Wheeler
J A. Willard
Williams

21

Ames
Boardman
Darling
Diven
Ely

Mr. John D. Willard moved to amend the motion of Mr. Mather, by inserting after the word "prevent” the words nor be construed either to prevent or sanction."

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

The President then put the question whether the Senate would agree to said motion of Mr. Mather, and the vote was as follows:

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Boardman
Diven
Loveland
Truman

John D. Willard
Burhans
Ely
Pratt

W.A. Wheeler Williams
Darling
Foote
Sloan

13 There being a tie, the President decided the motion to recommit lost.

Mr. Foote moved to reconsider the vote just taken.
Mr. Spinola moved to lay that motion on the table.

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

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

FOR THE AFFIRMATIVE.
Ames
Hubbell
Mather
Prosser

J. A. Willard
Foote
Laflin
Noxon
Schell

Williams
Halsted
Lamont
Paterson
Scott

14 FOR THE NEGATIVE.

Boardman
Diven
Loveland
Spinola

W.A. Wheeler
Burhans
Ely
Pratt
Truman

John D. Willard Darling Johnson Sloan

13 The President then put the question whether the Senate would agree to said motion of Mr. Mather, to recommit said bill, and it was decided in the affirmative, as follows:

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FOR THE NEGATIVE.
Boardman
Diven
Loveland
Sloan

W.A.Wheeler
Burhans
Ely
Pratt
Truman

John D. Willard Darling Foote

12 On motion of Mr. J. A. Willard, the Senate adjourned until 4 o'clock, this p. M.

FOUR O'CLOCK.

The Senate again met.

On motion of Mr. Noxon, and by unanimous consent, Resolved, That the bill entitled "An act for the relief of the trustees of the Onondaga Academy," be referred back to the committee on literature, with power to report complete.

Also the bill entitled "An act to authorize the laying of a railroad track in and through certain streets in the city of Syracuse," be referred to the committee on railroads, to report complete.

Also the bill entitled “An act to incorporate the East New York Savings Bank," be referred to the committee on banks, to report complete.

On motion of Mr. Hubbell, and by unanimous consent, Resolved, That the bill entitled "An act to amend the charter of the city of Utica," be referred to the committee on the incorporation of cities and villages, with power to report complete.

Mr. Loveland, from the committee on State prisons, to which was referred the bill entitled "An act for the enlargement of Clinton Prison,” reported in favor of the passage of the same, with amendments, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Spinola, from the committee on the internal affairs of towns and counties, to which was referred the bill entitled "An act to authorize the laying out of a railroad in Grand street, and other streets and avenues in the city of Brooklyn and county of Kings,” 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. Noxon, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to establish a law library [SENATE JOURNAL.]

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