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was agreed to, and said bill committed to the committee of the whole.

Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the bill entitled "An act to amend an act passed April 17, 1854, entitled 'An act to incorporate the village of Lyons,"" 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. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the Assembly bill, entitled "An act to authorize the board of supervisors of the county of Clinton, to change the site of the county poor house buildings," 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. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the petition of superintendents of the poor of Wayne county, for an act for the better regulation of keeping poor in said county, reported a bill, entitled "An act to provide for the better regulation and keeping of the poor house in the county of Wayne, and for other purposes,” 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. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the petition of P. Schenck and others, for an act to amend the act passed April 6, 1857, to drain certain land in the town of Granby, reported a bill, entitled "An act to amend the act, entitled “An act in relation to draining certain lands in the town of Granby, in the county of Oswego, passed April 6, 1857," which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

The President presented the reply of the Comptroller, as to the cost of binding documents for 1858; which was laid on the table and ordered printed.

(See Doc. No. 22.) Mr. Smith gave notice that he would, at an early day, ask leave to introduce a bill, entitled “An act to amend the act, entitled 'An act for incorporation of associations for improving the breed of horses."

Mr. Prosser gave notice that he would, at an early day, ask leave to introduce a bill entitled "An act to permit the Buffalo Elevating and Storage Company, to change the number of its directors;" also, a bill, entitled "An act to provide for the performance of certain duties imposed upon a Canal Commissioner in cases where he may be disqualified from acting;” also, a bill, entitled "An act to make corporations in the city of Buffalo, taxable the same as corporations in the other cities and counties of the State."

Mr. W. A. Wheeler gave notice that he would, at an early day, ask leave to introduce a bill, entitled "An act to amend the act entitled 'An act for the protection and civilization of the St. Regis Indians,' passed April 19, 1858."

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Mr. Paterson gave notice that he would, at an early day, ask leave to introduce a bill entitled "An act in relation to actions upon premium notes given to mutual insurance companies;” also, a bill, entitled “An act authorising Catharine O'Hern, an alien, to take, hold and convey real estate."

In pursuance of previous notice, Mr. Scott asked and obtained leave to introduce a bill entitled "An act to authorise the reduction of the capital stock of the Mohawk Bank of Schenectady," 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. Diven asked and obtained leave to introduce a bill entitled “An act to increase the power and duties of public administrators,” 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. Smith asked and obtained leave to introduce à bill, entitled “An act to authorize the construction of a railroad through certain avenues and 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.

In pursuance of previous notice, Mr. Brandreth asked and obained leave to introduce a bill entitled “An act to increase the compensation of constables attending courts in the county of Westchester," 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. Brandreth asked and obtained leave to introduce a bill entitled "An act in relation to the compensation of justices of sessions of the county of Westchester," 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. Brandreth asked and obtained leave to introduce a bill entitled “An act to amend an act in relation to State prisons," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on State prisons.

In pursuance of previous notice, Mr. Brandreth asked and obtained leave to introduce a bill entitled "An act to increase the compensation of assistant matrons of the Sing Sing Female prison,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on State prisons.

On motion of Mr. Smith, Resolved, That the Auditor of the Canal Department be requested to report to the Comptroller, what amount has been paid to the Lieut. Governors, for travel, in attending the Canal Board during the sessions of the Legislature, from 1846, up to 1859, and that he report the amount paid for each bienial term separately.

Mr. Spinola offered the following preamble and resolution, viz:

Whereas, The Hon. Alexander S. Diven, in an argument before the Court of Appeals, established the fact that he holds a seat in this Senate from a district unconstitutionally organized, thereby establishing the further fact that he is not entitled to a seat in this Senate; therefore

Resolved, That it be referred to a select committee of three, with power to send for persons and papers, in order to enquire by what authority the Hon. Alexander S. Diven occupies a seat in this Senate.

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

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Mr. Ames offered the following resolution, viz:

Resolved (if the Assembly concur), That there be printed 2,000 extra copies of the annual report of the Regents of the University, for the use of the Regents, and 1,000 copies for the use of the Senate and Assembly.

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

On motion of Mr. Schell, Resolved, That the Clerk be directed to furnish each of the pages of the Senate with stationery, to the amount of ten dollars, the same as at previous sessions.

Ön motion of Mr. Paterson, Resolved, That the commissioners appointed under chapter 597, of the Laws of 1857, entitled "An act for the appointment of a commission for the adjustment and payment of certain claims, for services of the militia of this State, in the war of 1812, be requested at an early day, to report to the Senate the number of applicants for pay under said act, the names of applioants to whom certificates have been granted (if any), and the number of certificates granted.

On motion of Mr. Paterson, Resolved, That the Canal Appraisers be requested to report to the Senate, the number of claims for canal damages, now filed with them, and remain to be acted upon, designating the number west of Genesee river, the number between Genesee river and Cayuga lake, and the number east of Cayuga lake, and the number of claims that the Canal Appraisers can hear and decide in one year.

. On motion of Mr. Diven,

Resolved, That during the absence of the Senator from the 22d, the Senator from the 15th be added to the judiciary committee.

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

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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.

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.

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

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

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 interests of the State, by refusing to support any law providing for such increase.

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

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

Mr. Loveland moved to take from the table, the following resolution:

Resolved, That one hundred copies of the annual report of the Commissioners of the Canal Fund, and of the Auditor, be printed for the use of the Canal Department.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative. Mr. Prosser moved to amend the resolution by striking out

one" and inserting “four;" also, by adding, “and three hundred for the Senate."

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

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

Mr. Diven offered the following resolution, viz:

Resolved, That when the Senate adjourn, it adjourn until Monday at 7 o'clock, P. M.

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

65

FOR THE AFFIRMATIVE.

Ames
Brandreth
Diven

Hubbell
Johnson
Laffig

Loveland
Mandeville
Schell

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The hour of 12 o'clock having arrived, the President announced the special order, being the question on agreeing to the report of the canal committee, in favor of the adoption of the following resolutions :

Resolved (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 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 President stated the pending question to be on the adoption of the following amendment, as offered by Mr. John D. Willard :

(If the Assembly concur), That the Legislature 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 members of that Board, requesting payment of the moneys advanced from the canal revenues of the State, for the construction of breakwaters and piers in the harbors of Buffalo and Oswego.

Mr. Schell moved that the question be made the special order for Monday evening, at 71 o'clock.

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 amendment, and it was decided in the negative, as follows:

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Mr. Paterson moved to amend the resolutions by striking out the words and the Canal Commissioners," where they are in the original resolutions, and inserting after the word "Buffalo," the words " and the memorial of the Canal Commissioners.”

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