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tend a more perfect protection to their property and the property of exhibitors at fairs, and to allow the board of managers to appoint a police for that purpose." "An act to prevent and punish prize fighting.”

“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."

And after some time spent therein, Mr. John D. Willard, from said committee, reported in favor of the passage of said first and second mentioned bills, with amendments, which report was agreed to, and said bills ordered engrossed for a third reading.

Mr. John D. Willard, from said committee, reported in favor of the passage of said third mentioned bill, which report was agreed to, and said bill ordered engrossed for a third reading.

The Senate again resolved itself into a committee of the whole, and proceeded to the consideration of the general orders, being the bill entitled as follows:

“An act to incorporate the Mercantile Library Association of the city of Brooklyn."

And after some time spent therein, Mr. Scott, from said committee, reported in favor of the passage of said bill, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. John D. Willard moved that the Senate now adjourn.

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

Mr. Prosser gave notice that he would at an early day ask leave to introduce a bill entitled "An act making appropriations for the canal debt, and the maintenance of the canals for the fiscal year commencing on the 1st day of October, 1859, and to supply a deficiency in the former appropriation.'

In pursuance of previous notice, Mr. W. A. Wheeler asked and obtained leave to introduce a bill entitled “An act requiring all fees and accounts of magistrates and other officers for criminal proceedings which are chargeable to towns, to be audited by boards of town auditors," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Spinola asked and obtained leave to introduce a bill entitled “An act to incorporate the Long Island Steamboat Company," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on commerce and navigation.

The bill entitled “An act to authorize John N. Hungerford to sell and convey his stock and interest in the Geo. Washington 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:

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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 provide for the appointment of commissioners of deeds in the village of Ballston Spa,” 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
Laflin
Loveland

Paterson
Pratt
Prosser
Scott

Smith
Spinola
Truman
W.A Wheeler

J. A. Willard
John D. Willard
Williams

19

Ames
Boardman
Darling
Diven

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

The bill entitled "An act to discontinue part of a public highway in the town of Goshen, Orange 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, as follows:

FOR THE AFFIRMATIVE.

Ames
Foote
Paterson
Smith

W.A Wheeler
Boardman
Halsted
Pratt
Spinola

J A. Willard Darling Laflin Prosser Truman

John D. Willard Diven Loveland Scott

18 0 dered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

On motion of Mr. Scott, The Senate adjourned.

MONDAY, JANUARY 17, 1859.

The Senate met pursuant to adjournment. Prayer by the Rev. Mr. Yates.

Mr. John D. Willard moved to amend the journal of Saturday, by inserting the following resolution as offered by Mr. Halsted, and ruled by the chair as not in order :

Resolved, That Hon. William A. Wheeler be and is hereby appointed President pro tem of this Senate.

Also, the folluwing point of order, as raised by Mr. John D. Willard, and the decision of the Chair thereon, as follows:

Mr. John D. Willard raised the point of order that the resolution could not now be entertained, the Lieut. Governor being in the chair, and acting as President.

The President decided the point of order well taken.

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

The journal was then approved.

Mr. Loveland presented the petition of John McIntyre for relief, which was read and referred to the committee on claims.

Mr. Boardman presented the petition of Lewis Post, and fortyone others, for the repeal of an act to provide for the preservation of trout in the inland waters of this State, passed April 7, 1857, which was read and referred to the committee on the internal affairs of towns and counties.

Mr. Truman presented a petition of citizens of Binghamton, for appropriation to the Inebriate asyluns, which was read and referred to a select committee on that subject.

In pursuance of previous notice, Mr. John D. Willard asked and obtained leave to introduce a bill entitled "An act in relation to the Troy Orphan Asylum,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on charitable and religious societies.

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

“An act to prevent and punish prize fighting.”

“An act to incorporate the Mercantile Library Association of the city of Brooklyn.”

"An act to amend an act entitled "An act relative to the payment of expenses for local improvements in the late village and city of Williamsburgh, and to actions and proceedings in respect thereto, passed March 20, 1857.

'An act authorizing the trustees of the village of Middletown, in the county of Orange, to permit the construction of gas works in said village."

The bill entitled "An act to incorporate the Mercantile Library Association of the city of Brooklyn," 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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FOR THE AFFIRMATIVE.

Ames
Foote
Mandeville Prosser

Truman
Boardman
Ilalsted
Paterson
Smith

J. A. Willard
Darling
Ilu'bell
Pratt
Spinula

John D. Wiilarni Diven Loveland

17 0 dered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

The bill entitled "An act to prevent and punish prize fighting,” 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
Loveland

Mandeville
Paterson
Pratt

Prosser
Smith
Spinola

Truman
J. A. Willard
Johh D. Willard

17

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Ames
Boardman
Darling
Diven

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

On motion of Mr. Darling, Resolved, That a respectful message be sent to the Assembly, requesting that body to transmit to the Senate the petition and papers on file relating to the claim of Spencer, Farwell, Cook & Co.; and when received, they be referred to the committee on claims.

Mr. Paterson offered the following resolution, viz:

Resolved (if the Assembly concur), That section 14, of article 6 of the Constitution of this State, be amended so as to read as follows: . $14. There shall be elected in each of the counties of this state, except the city and county of New York, one county judge, who shall hold his office for four years; he shall hold the county courts and perform the duties of the office of surrogate.

The county courts shall have original civil jurisdiction in such cases as the Legislature shall prescribe, and shall have jurisdiction in cases originating in justice's courts, and in such special cases as shall be prescribed by the Legislature.

The county judge, with two justices of the peace, to be designated according to law, may hold courts of sessions with such criminal jurisdiction as the Legislature shall prescribe, and perform such other duties as may be required by law.

The county judge shall receive an annual salary, to be fixed by the board of supervisors, which shall not be increased or diminished during his continuance in office. The justices of the peace, for services in courts of sessions, shall be paid a per diem allowance out of the county treasury.

In counties having a population exceeding forty thousand, the Legislature may provide for the election of a separate officer to perform the duties of surrogate. The Legislature may confer equity jurisdiction, in special cases, upon the county judge.

Inferior local courts, with civil and criminal jurisdiction, may be established by the Legislature in cities.

Ordered, That said resolution be laid on the table, and printed. Mr. Halsted offered the following resolution, viz:

Resolved (if the Assembly concur), That the people of this State are opposed to any increase of the present rates of postage, and that the Representatives from this State in Congress, will promote the best interest of the State, by refusing to support any law providing for such increase. Ordered, That said resolution be laid on the table.

On motion of Mr. Halsted, the Senate adjourned.

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TUESDAY, JANUARY 18, 1859.

The Senate met pursuant to adjournment.
Prayer by the Rey. Mr. Burdick.
The journal of yesterday, was read and approved.

The President being absent attending a session of the Canal Board, appointed Hon. John B. Halsted President pro tem for the day, under the 4th rule.

Mr. Ames presented the petition of Peter Schenck and David Wilcox, for an amendment of the act passed April 6, 1857, to drain certain lands in the town of Granby, Oswego county, which was read and referred to the committee on the internal affairs of towns and counties.

Mr. Foote presented the petition of Geo. F. Burn and Peter B Havens for relief, which was read and referred to the committee on claims.

Mr. Foote presented a petition for an act to limit the tenure of commissions in the militia, and to relieve from command the present officers after ten year's service, which was read and referred to the committee on militia and public defence.

Mr. Hubbell presented a petition on the same subject, which was read and referred to the committee on militia and public defence.

Mr. Hubbell presented the petition of Wolcott B. White, for canal damages, which was read and referred to the committee on claims.

Mr. Schell presented a petition for an act to limit the tenure of commissions in the militia, and to relieve from command the present officers after ten year's service, which was read and referred to the committee on militia and public defence.

Mr. Smith presented a petition on the same subject, which was read and referred to the committee on militia and public defence.

Mr. Ely presented the petition of Peter Loriilard and John David Wolfe, for an act to relieve them from an unjust tax," which was read and referred to the committee on grievances.

Mr. Smith, from the committee on agriculture, to which was referred the bill entitled "An act to amend an act to facilitate the formation of agricultural and horticultural societies, passed April 13th, 1855," 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 an act to provide for the incorporation of fire insurance companies, passed June 25, 1853,” 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

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