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

Mr. John D. Willard called for a division of the question; first, on so much of the resolution as follows:

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, requesting payment of the moneys advanced from the canal revenues of the State, for the construction of the breakwater in the harbor of Buffalo.

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

Foote
Halsted
Hubbell
Johnson

FOR THE AFFIRMATIVE.
Lafin

Sloan
Paterson

Smith
Prosser

Truman
Schell

0. B. Wheelər

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

19

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Ames
Brandreth
Darling
Diven

The question recurring on so much of the resolution as follows: 6 and the memorial of the Canal Commissioners 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."

The President put the question whether the Senate would agree to said division, and it was decided in the affirmative. The question recurring on so much of the resolution, as follows:

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

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

The Assembly sent for concurrence the joint rules as reported by the joint committee, and adopted by the Assembly.

Mr. John D. Willard moved that the rules be concurred in, and adopted on the part of the Senate, as the joint rules of the Senate and Assembly.

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

Ordered, That the Clerk return said rules to the Assembly, with a message informing that the Senate have concurred in the same.

The President presented the reply of the State Engineer and Surveyor, as to the cost to the State to give five feet water in the Champlain canal; which was laid on the table and ordered printed.

(See Doc. No. 21.) On motion of Mr. Brandreth, the Senate adjourned.

MONDAY, JANUARY 24, 1859.

The Senate met pursuant to adjournment.
Prayer by Rev. Dr. Baldwin.
The journal of Friday was read and approved.

Mr. Ely presented a petition of Lemuel Banks, A. V. Stout and others, for aid to Troy University, which was read and referred to the committee on literature.

Mr. Paterson presented a petition of citizens of Monroe county, for a law to provide for the more speedy appraisal of canal damages, which was read and referred to the committee on canals.

Mr. Paterson presented a petition of supervisors of Monroe county, in relation to the fees of county clerk in said county, which was read and referred to the committee on the internal affairs of towns and counties.

Mr. 0. B. Wheeler presented a petition of 500 tax payers of the county of Sullivan, praying to have the county divided into two school commissioner districts, which was read and referred to the committee on literature.

Mr. John D. Willard presented the petition of Eugene Benden, fur relief, which was read and referred to the committee on claims.

Mr. Foote presented a petition of citizens of Homer, Cortland county, for an amendment of the law of 1857, in relation to the appointment of commissioners for adjusting the claims of the militia of this State, in the war of 1812, which was read and referred to the committee on militia and public defence.

Mr. Foote presented a petition of trustees of the village of Oneida, in relation to a watch house for said village, which was read and referred to the committee on the incorporation of cities and villages.

Mr. Truman presented a petition of 140 of the principal citizens of Binghamton, that the Senate recommit and print the act entitled "An act to revise the charter of the village of Binghamton," which was read and referred to the committee on the incorporation of cities and villages.

Mr. Williams presented a petition of citizens of Wayne county, to systematize justices' of the peace and constable's costs, which was read and referred to the committee on the judiciary.

Mr. Diven presented a petition of James Henderson and others, praying for the incorporation of the New York Homepathic hospital in the city of New York, which was read and referred to the conimittee on medical societies.

Mr. Diven presented the petition of Willis B. Sayre, praying for the draining of certain lands destroyed by the leakage of the Chemung canal, which was read and referred to the committee on canals.

Mr. Diven presented a resolution of the Elmira Female College,

for an appropriation, which was read and referred to the committee on literature.

Mr. J. A. Willard, fro.n the committee on the internal affairs of towns and counties, to which was referred the Assembly bill entitled "An act in relation to the Oneida county poor house," 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. Ames, from the committee on commerce and navigation, to which was referred the bill entitled "An act to incorporate the Corpus Christi Ship Channel Company,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. Diven, from the committee on the judiciary, to which was referred the Assembly bill, entitled “An act to change the name of Margaret Skivington to Winnie Alida Ostrander," 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. Diven, from the committee on the judiciary, to which was referred the bill entitled “An act to change the name of John Peter Bayer to John Peter Chattillon," 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. Diven, from the committee on the judiciary, to which was referred the Assembly bill entitled 'An act to change the name of Clarissa Saddler to Clarissa Woodford,” reported the following resolution :

Resolved, That this bill ought not to pass.

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

Ordered, That the Clerk return said bill to the Assembly.

Mr. Diven, from the committee on the judiciary, to which was referred the bill, entitled "An act to change the name of Emrilous Janette Hadlock to Emrilous Janette Williams,” 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. Diven, from the committee on the judiciary, to which was referred the bill entitled "An act to release the interest of the State in certain lands of which Henry Smith died seized, to Thomas Smith, 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. Diven, from the committee on the judiciary, to which was referred the bill entitled "An act to change the name of Mary Jane Stork to Mary Jane Rea," 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. Diven, from the committee on the judiciary, to which was referred the petition of Elizabeth Blum for release of escheated lands, reported a bill entitled "An act to release to Elizabeth Blum, widow of Mamrad Blun, deceased, the interest of the State in a certain lot of land, of which said Mamrad Blum died seized," which was read the first time, and by unɛnimous consent was also read the second time, and committed to the committee of the whole.

Mr. Diven, from the committee on the judiciary, to which was referred the petition of John Bradley and others, for an act to dissolve the Antwerp Mining Company, reported the following resolution:

Resolved, That the prayer of the petitioners be denied.

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

Mr. Diven, from the committee on the judiciary, to which was referred the bill entitled "An act authorizing the board of supervisors of the county of Wayne, to abolish the fees of the offices of county judge and surrogate of said county;" reported and asked to be discharged from the further consideration of the same, and that it be referred to the committee on the internal affairs of towns and counties; which report was agreed to.

The President presented the reply of the State Engineer and Surveyor, to resolution of the Senate, in relation to increasing the length of the locks on the canals, which was laid on the table and ordered printed.

(See Doc. No. 28.) A message from the Assembly was received and read, requesting the concurrence of the Senate to the following entitled bill:

"An act to authorise the Board of Directors of the Sennett and Auburn Plankroad Company, to assess the stockholders of said company for the payment of the debts thereof, and to make the same into a gravel road,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

Mr. Ely 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 in relation to the Marine Court of the city of New York,' passed July 21, 1853."

Mr. W. A. Wheeler gave notice that he would, at an early day, ask leave to introduce a bill entitled "An act to confirm the acts of Edgar A. Keeler, a justice of the peace residing in the county of Franklin."

Mr. Foote, gave notice that he would, at an early day, ask leave to introduce a bill entitled "An act requiring county treasurers to file in the county clerk's office a report of the moneys and securities in their hands belonging to infants;” also, a bill entitled "An act in relation to certain commissioners appointed by an act passed April 15, 1857, for the adjustment of claims of soldiers of the war of 1812."

Mr. Diven gave notice that he would, at an early day, ask leave to introduce a bill, entitled "An act to incorporate the Elmira Water Company."

Mr. O. B. Wheeler gave notice that he would, at an early day,

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ask leave to introduce a bill, entitled "An act to divide the county of Sullivan, into two school commissioner districts."

In pursuance of previous notice, Mr. Ely asked and obtained 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, passed May 14, 1845,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public printing.

In pursuance of previous notice, Mr. W. A. Wheeler asked and obtained 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," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on Indian affairs.

In pursuance of previous notice, Mr. Paterson asked and obtained leave to introduce a bill entitled "An act in relation to actions upon premium notes given to Mutual Insurance Companies," 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. Paterson asked and obtained leave to introduce a bill entitled "An act authorising Catherine 0. Hern, an alien, to take, hold and convey real estate," 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. Prosser asked and obtained leave to introduce a bill entitled "An act to provide for the performance of certain duties imposed upon a Canal Commissioner, in cases where he is disqualified from acting," 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. Prosser asked and obtained leave to introduce a bill entitled "An act to permit the Buffalo Elevating and Storage Company to change the number of its directors," which was read the first time, ard by unanimous consent was also read the second time, and referred to the committee on the judiciary.

In pursuance of previous notice, Mr. Prosser asked and obtained leave to introduce a bill entitled “in act to make corporations in the city of Buffalo taxable, the same as corporations in the other cities and counties of the State," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance

By unanimous consent, Mr. Pratt asked and obtained leave to introduce a bill entitled "An act to amend an act revising, amending and consolidating the several acts in relation to the village of Kingston, passed April 10, 1854,” 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.

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