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they be referred to the standing committee on the incorporation of cities and villages.

Ordered, That the Clerk transmit said papers.

Mr. Ely gave notice that he would, at an early day, ask leave to introduce a bill entitled "An act to amend chapter 280, of the Laws of 1845, entitled 'An act for the publication of the Session Laws in two newspapers in each county of this State » »

Mr. Spinola gave notice that he would, at an early day, ask leave to introduce a bill entitled "An act to amend an act entitled 'An act to incorporate the South Brooklyn Savings Institution, passed April 11, 1850."

Mr. Sloan gave notice that he would, at an early day, ask leave to introduce a bill entitled "An act to incorporate the Brooklyn Academy of Music.”

In pursuance of previous notice, Mr. Prosser asked and obtained leave to introduce a bill entitled "An act making appropriation for the canal debt, and the maintenance of the canals for the fiscal year commencing on the first day of October, 1859, and to supply a deficiency in a former appropriation," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

In pursuance of previous notice, Mr. Schell asked and obtained leave to introduce a bill entitled "An act to amend an act, entitled An aci to incorporate the Manhattan Savings Institution of 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 banks.

In pursuance of previous notice, Mr. W. A. Wheeler asked and obtained leave to introduce a bill entitled “An act to change the name of Mary Jane Stork to Mary Jane Rea," 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. Halsted asked and obtained leave to introduce a bill entitled "An act to amend the Revised Statutes in relation to divorces," 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. Ely asked and obtained leave to introduce a bill entitled "An act to change the name of John Peter Bayer to John Peter Chattillon," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Mr. Laflin offered the following resolution, viz:

Resolved, that the Attorney-General be requested to furnish the Senate with his opinion upon the following points :

First. Whether the act abolishing tolls on railroads, passed July 10, 1851, was of a character requiring its passage by a majority of all the members elected to each House, when a three-fifths quorum was present.

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Second. Whether said act appropriated public moneys or property in such a sense as to require for its constitutional validity the assent of two-thirds of the members elected to each branch of the Legislature.

Third. Whether said act does not conflict with sections 1, 2, 3 and 6, of article 7th of the Constitution.

By unanimous consent, said resolution was laid on the table.
Mr. Foote offered the following resolution, viz:

Resolved, That 2,000 extra copies of the annual report of the Comptroller, be printed for the use of the Senate.

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

On motion of Mr. Loveland, Resolved, That the Comptroller be requested to furnish the committee on printing with a copy of the contract for binding public documents; also, what was paid for doing the same, for the year 1859.

Mr. Prosser called for the consideration of the following resolutions, as reported favorably from the Canal Committee:

Resolved (if the Assembly concur herein), That the Legislature of New York fully approve the memorial presented to the Congress of the United States, by the Canal Board and the Canal Commissioners, requesting payment of the moneys advanced from the canal revenues of the State, for the construction of the breakwater in the harbor of Buffalo, and petitioning the general government to enlarge, improve and protect all the harbors on the chain of lakes serving as ports of shipment for property destined for the canals of this State.

Resolved, That the Governor be respectfully requested to transmit copies of said memorial and the preceding resolution, to the Senators and Representatives in Congress from this State, with the request of the Legislature that they will advocate the passage of the laws necessary to secure the objects sought by said memorial; and also to transmit copies thereof, and of these resolutions, to the governors of the States adjacent to the lakes or interested in their commerce and navigation.

The hour of twelve o'clock having arrived, the Senate went into executive session, and after some time spent therein, the doors were opened and legislative business resumed.

Mr. Schell 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. John D. Willard moved to amend the resolution under consideration at the time of going into executive session, by striking out all after the word " Resolved," and inserting as follows: ("If the Assembly concur, that the Legislature of New York fully approve the memorial presented to the Congress of the United States by the Canal Board, and signed by the late Lieut. Governor, and the other nembers of that Board, requesting payment of the

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moneys advanced from the canal revenues of the State, for the construction of breakwaters and piers in the harbors of Buffalo and Oswego."

Mr. Spinola called for the reading of the memorial presented to the Legislature by the Canal Commissioners.

The Clerk was commencing to read, when Mr. W. A. Wheeler moved that the further reading of the memorial be dispensed with.

Mr. Ely 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. Spinola was proceeding to debate the motion of Mr. W. A. Wheeler, when Mr. Diven raised the following point of order:

The Senator is speaking tediously, and reading from a lengthy document.

The President decided the point of order well taken.
Mr. Schell moved that the Senate do 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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Diven
Foote
Halsted

Hubbell
Johnson
Loveland

Paterson
Prosser

Truman
J. A. Willard

18

Ames
Boardman
Darling

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

On motion of Mr. Prosser, Resolved, That the question of agreeing with the report of the canal committee, upon the concurrent resolutions relative to memorial of the Canal Board and Canal Commissioners to Congress, and the proposed amendment thereto, be made the special order for Friday next, at 12 o'clock, M.

On motion of Mr. Schell, The Senate adjourned.

THURSDAY, JANUARY 20, 1859.

The Senate met pursuant to adjournment.
Prayer by Rev. Dr. Beman.
The journal of yesterday, was read and approved.

Mr. Foote presented a petition of citizens of Hamilton village, in relation to highway work, which was read and referred to the committee on roads and bridges.

Mr. Foote presented a petition of trustees of the village of Homer, for an act to allow the trustees of said village to raise by tax a sum rot to exceed $250, for village purposes, which was read and referred to the committee on the incorporation of cities and villages. Mr Williams presented a petition of citizens of Wayne co., for the repeal of existing laws relative to fees of justices of the peace and constables, which was read and referred to the committee on the judiciary. 1. Mr. Loveland, from the committee on public printing, to whom was referred the resolution to print 2,000 extra copies of the annual report of the Comptroller, reported the following resolution :

Resolved, That 1,500 extra copies of the annual report of the Comptroller, be printed for the use of the Senate.

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

Mr. Ames, from the committee on commerce and navigation, to which was referred the petition of J. J. Bergen and others, for a law relative to fisheries in the town of New Utrecht, reported a bill entitled "An act relating to fisheries in the town of New Utrecht, in the county of Kings," which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Foote, from the committee on banks, to which was referred the bill entitled “An act to incorporate the Dime Savings Bank of Brooklyn," 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. Scott moved to take from the table the report of the select committee on rules.

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

Mr. Ely moved to amend the 25th rule, by adding as follows:

"A bill having been considered in committee of the whole, and progress reported thereon, shall not be taken from said committee and ordered to a third reading, except by vote of a majority of all the members elected to the Senate."

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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Foote
Halsted
Hubbell

Loveland
Paterson
Prosser

Truman

J. A. Willard W.A. Wheeler Williams

13

Ames
Boardman
Darling

Mr. Brandreth moved to amend the 38th rule, by striking out the words “on the day of its passage," and inserting “until the second day after its passage.”

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

Mr. W. A. Wheeler moved to amend the 42d rule, by inserting after the words 66 or not," the words " and if decided to be out of order, he shall not proceed without the permission of the Senate.”

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

Mr. John D. Willard moved to amend the 46th rule, by inserting after the word “resides, the words "unless otherwise ordered.”

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

Mr. Diven moved to strike out the 47th rule, and insert the following:

“47. No person, other than officers of State, members and officers of the Senate, and members of Assembly, unless on invitation of the President, or by vote of the Senate, shall be admitted within the bar."

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

Mr. Diven moved to amend the 20th rule, by striking out therefrom the following" no bill or other matter shall be made a special order for a particular day, without the consent of two-thirds of the Senators present; nor shall more than three bills or other matter te made the special order for the same day; and no special order shall be postponed or rescinded, except by a vote of two-thirds of the Senators present.”

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

Mr. John D. Willard moved to amend the 38th rule, by striking out the words “on the day of its passage," and inserting the words “ till any Senator who desires to move a reconsideration on the next day after its passage, shall have had an opportunity to do so, pro vided notice of intention to move such reconsideration shall have been given immediately after the presentation of petitions on such second day; and such notice shall at that time, be in order.”

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

The rules, as amended, were then adopted as the rules and orders of the Senate for 1859.

(See Doc. No. 19.) The President presented the reply of the Comptroller, to resolution of Senate, as to cost of printing for the years 1856, 97 and '8. Ordered, That said reply be laid on the table and printed.

(See Doc. No. 24.) Mr. Laflin presented the annual report of the Regents of the University. Ordered, That said report be laid on the table and printed.

(See Doc. No. 26.)

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