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majority of all the members elected to the Senate not voting in favor thereof, as follows:

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Smith

Foote
Halsted
Hubbell

Lamont
Loveland
Noxon
Sloan

Wetmore

W.A. Wheeler
J. A. Willard
John D. Willard

18

Ames

Doherty
Burhans

Spinola
Darling
Diven

Mr. Truman moved to reconsider the yote just taken, and that that motion lay on the table.

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

The Assembly bill entitled “An act for the relief of the Medina and Alabama Plankroad company,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.

On motion of Mr. Halsted, Resolved, that the Appropriation bill be a special order to-morrow, immediately after the reading of the journal.

On motion of Mr. Paterson, the Senate took a recess until 71 o'clock.

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The Senate again met. Mr. Noxon, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act relative to the Law department of the University of Albany," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

Mr. Noxon, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to incorporate Masters' Lodge No.5, of Free and Accepted Masons, in the city of Albany, with power to report complete, reported that they had substituted in lieu thereof a bill entitled "An act in relation to real estate that may be held by Masonic Lodges, and in favor of the passage the same,

with amendments, which report was agreed to, and said bill ordered to a third reading.

Mr. Noxon, from the committee on the judiciary, to which was referred the Assembly bill entitled “An act to legalize the proceedings of the town meeting held in the town of Sennett, in the county of Cayuga, on the first day of March, 1859," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading.

Mr. Noxon, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act authorizing certain State officers to adjudicate and settle the claim of this State against Livingston county, on account of the defalcation of the late county treasurer of said county," with power to report complete, reported the same complete, which report was agreed to, and said bill ordered to a third reading

A - message was received from His Excellency the Governor, by the hands of his Private Secretary, in the words following:

ALBANY, April 8, 1859. To the Senate-I approved on the seventh instant, the bills bearing the following titles:

"An act to release the escheated lands of Alexander Lawson, deceased."

"An act to release the interest of the State in certain lands of which Charles Lester died possessed, to Sarah Lester, his widow."

"An act to provide for the payment of certain claims against the city of Brooklyn."

(An act to erect the village of Middleburgh into a separate road district."

"An act providing for the better collection of county taxes in the city of Buffalo, and for the sale by the treasurer of Erie county, of lands in said city for unpaid taxes."

“An act to release the interest of the people of this State to certain real estate in Essex county, which escheated on the death of Henry Quinn, to the mother and sister of said Henry Quinn."

"An act to determine the location and width of a highway in the towns of Camillus and Geddes, in the county of Onondaga."

“An act to better secure counties against losses by county treas

urers."

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“An act to amend an act entitled 'An act to incorporate the Monroe and Haverstraw Road company,' passed March 10, 1824."

"An act to amend an act entitled 'An act to incorporate the Rochester Savings Bank,' passed April 21, 1831."

"An act to authorize the formation of companies for the recovery of stolen horses, cattle and sheep, and the apprehension of the thieves, and to insure against the loss of the same by being stolen.”

“An act relating to the auditing of the accounts of the sheriffs, deputy sheriffs, justices of the peace, and constables, in the county of Oneida.

E. D. MORGAN.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of the special order, being the bills entitled as follows:

Assembly bill, "An act to equalize the State tax among the several counties in this State."

"An act for the enlargement of the Clinton, Auburn and Sing Sing prisons, and for other purposes."

Assembly bill, “An act to amend 'An act for the removal of the Quarantine station, passed March 6, 1857.

And after some time spent therein, Mr. Pratt, from said committee, reported in favor of the passage of said first mentioned bill, with amendments.

Mr. W. A. Wheeler renewed the amendment made in committee of the whole, to strike out the words and three State assessors."

The President put the question whether the Senate would agree to said motion, and the vote was as follows:

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There being a tie, the President voted in the affirmative, and decided the motion carried.

Mr. Noxon moved to reconsider the vote just taken.

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

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Brandreth
Burhans
Doherty

Hubbell
Laflin
Loveland

Mather
Paterson
Schell

Truman
W.A. Wheeler

14

Sloan
Smith

Spinola The President then put the question whether the Senate would agree to said motion of Mr. W. A. Wheeler, and it was decided in the negative.

Mr. Truman renewed the amendment made in committee of the whole, to strike out“five dollars” and insert “three dollars."

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

FOR THE AFFIRMATIVE.

Loveland

Paterson

Smith

Truman

W. A. Wheeler 5

FOR THE NEGATIVE.

Ames
Boardman

Foote
Halsted

Mather
Noxon

Scott
Sloan

0. B. Wheeler
J. A. Willard

Brandreth
Burhans
Ely

Hubbell
Johnson
Lamont

Pratt
Prosser
Schell

Spinola
Wetmore

John D. Willard
Williams

23

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.

Mr. Pratt, from said committee, reported in favor of the passage of said second and third mentioned bills, with amendments, which reports were agreed to, and said bills ordered to a third reading.

A message from the Assembly was received, returning the bill entitled “ An act to amend an act to revise the charter of the city of Syracuse, passed April 17, 1858," informing that they had consented to a committee of conference on said bill, and had appointed Messrs. Slocum, Ranney, Aylworth, Colenian and Farnum, as such committee.

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

“An act to provide for the construction of a culvert under the Champlain canal, in the town of Stillwater, Saratoga county," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

“An act to authorize the rebuilding and maintenance of a bridge over the old feeder of the Champlain canal, in the village of Fort Edward," which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. John D. Willard, and by unanimous consent, the rules were suspended, and said bill referred to the committee on canals, to report complete.

"An act to grant relief to certain towns in Clinton and Essex counties," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the internal affairs of towns and counties.

"An act to confirm a grant or resolution of the common council of the city of New York, authorizing the construction of a railroad in certain streets in said city, and to authorize the construction of said railroad," which was read the first time, and by unanimous consent, was also read the second time.

Mr. Diven moved that said bill be referred to the committee on the incorporation of cities and villages.

Mr. Spinola moved to amend, by striking out “incorporation of cities and villages, and inserting a committee of the whole."

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 motion of Mr. Diven, and it was decided in the affirmative,

"An act to authorize the construction of a railroad in Fourteenth street and other streets in the city of New York," 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 anthorize the construction of a railroad in Avenue D, and other streets in the city of New York," 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 anthorize the construction of a railroad in Seventh avenue, and in other streets in the city of New York," 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 define and prescribe certain powers, duties, tenures of office and emoluments of departments of the municipal government of the corporation of the city of New York,” which was read the first time, and by unanimous consent was also read the second time.

Mr. Noxon moved to refer said bill to the committee of the whole.

Mr. Mather moved to amend, by striking out “committee of the whole," and inserting to a select committee, consisting of the New York delegation."

Mr. Noxon 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, as follows:

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Burhans
Halsted
Paterson
Sloan

O. B. Wheeler
Diven
Johnson
Pratt
Smith

W.A. Wheeler Doherty Lamont Prosser Spinola

J. A. Willard Ely Mather Schell Truman

19 Mr. Noxon moved that said bill be laid on the table.

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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Brandreth
Johnson
Pratt
Sloan

O. B. Wheeler
Burhans
Lamont
Prosser
Smith

W.A. Wheeler Doherty Mather Schell Spinola

J. A. Willard Ely Paterson Scott Truman

19 Mr. Williams 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, as follows:

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