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

The bill entitled, "An act in relation to the location of the NewYork and Erie railroad through the counties of Allegany, Cattaraugus and Chautauque," having been amended by unanimous consent, was read a third time and lost, a majority of all the members elected to the Senate not voting in favor thereof, as follows:

Mr. Owen moved to reconsider the vote on the final passage of said bill.

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

Mr. Owen moved to lay the question on the final passage of said bill on the table.

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

The bill entitled, "An act for the payment to Asa Baxter of the amount of his damages appraised by commissioners appointed under the act for the appraisment of his damages, passed December 14, 1847," was read the third time and passed, a majority of all the members elected to the Senate voting in favor thereof, and threefifths of all themembers elected to the Senate being present on the final passage thereof, as follows:

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

The Senate then proceeded to the consideration of Executive business.

After some time spent in executive session the doors were opened, and the Senate again proceeded to legislative business.

Mr. Cook moved that so much of the order of the Senate as provides for the holding of executive sessions on Tuesday of each week be suspended.

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

The Senate then resolved itself into a committee of the whole on the special order for the day, being the bill from the Assembly entitled, "An act making appropriations in part for the expenses of government for the fiscal year commencing October first, 1849, and for other purposes," and after some time spent thereon, Mr. Williams, from said committee, reported in favor of the passage of the same without amendment, which report was agreed to, and the bill ordered engrossed for a third reading.

On motion of Mr. Cook,

The Senate then adjourned until 10 o'clock on Monday morning.

WEDNESDAY, FEBRUARY 20, 1850.

The Senate met pursuant to adjournment.

Prayer by the Rev. Dr. Kip.

The journal of yesterday was read and approved.

Mr. Stanton presented the remonstrance of inhabitants of Cayuga county against a direct railway or consolidation of the Syracuse and Rochester railroad, which was referred to the committee on railroads.

Mr. Robinson presented the petition of inhabitants of Alleghany county for repeal of the free school law, and in relation to the assessment and collection of taxes.

Ordered, That so much of said petition as relates to free schools [SENATE JOURNAL.]

29

be referred to the committee of the whole having in charge the bill on that subject, and so much of said petition as relates to taxes be referred to the select committee having in charge the bill on that subject.

Mr. Colt presented the petition of inhabitants of Genesee for aid to the Genesee academy, which was referred to the committee on finance.

Mr. Brown presented the petition of Wm. Hamilton for authority to build docks in front of his lands in the town of Flushing, which was referred to the committee on commerce and navigation.

Mr. Crolius presented the petition of the American female guardian society for an amendment of their charter, which was referred to the committee on charitable and religious societies.

Mr. Cross presented the petition of Daniel Richards and others for authority to construct docks in front of their lands in the city of Brooklyn, which was referred to the committee on commerce and navigation.

Mr. Johnson presented the petition of inhabitants of Schenectady for the establishment of a board of examiners for the Hahneman academy of medicine, which was referred to the committee on medical societies and colleges.

Mr. Brandreth presented the petition of inhabitants of the town of West Farms for a law to form said town into a permanent school district, which was referred to the committee on literature.

Mr. Babcock presented the petition of citizens of Buffalo for a law authorising said city to loan its credit to certain railroad corporations, which was referred to the committee on the judiciary.

Mr. Geddes presented the petition of citizens of Skaneateles for the abolition of capital punishment, which was referred to the committee on the judiciary.

Messrs. Crook and Cook presented four several remonstrances of inhabitants of Washington and clinton counties against bridging lake Champlain at Rouse point, which was referred to the committee on railroads.

Mr. Brown presented the petition of inhabitants of New York for repeal of the usury laws, which was referred to the committee of the whole having in charge the bill on that subject.

Mr. Carroll presented the petitition of inhabitants of Rensselaer county for an amendment of the laws In relation to the fees of sheriffs', which was referred to the committee of the whole having in charge the bill on that subject.

Mr. Morgan, from the committee on finance, to which was referred the bill entitled, "An act to provide for an equitable settlement of the accounts between the state treasury and the city and county of New York," reported in favor of the passage of the same without amendment, which was committed to the committee of the whole.

Mr. Babcock, from the committee on the judiciary, to which was referred the petition for that purpose, reported a bill entitled, "An act to repeal certain parts of the Revised Statutes exempting the

property of ministers of the gospel from taxation," which was read the first time, and by unanimous consent was also read a second time, and committed to the committee of the whole.

Mr. Babcock, from the committee on the judiciary, to which was referred the bill entitled "An act to provide for the settlement of the accounts of testamentary trustees," reported in favor of the passage of the same without amendment, which was committed to the committee of the whole.

Mr. Babcock, from the committee on the judiciary, to which was referred the petition of the inhabitants of Greene county for an amendment of the law relative to the division of towns into election districts, reported adverse to the prayer of the petitioners, and ofered the following resolution, to wit:

Resolved, That the prayer of the petitioners ought not to be granted.

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

Mr. Babcock, from the committee on the judiciary, to which was referred the bill from the Assembly entitled, "An act for the protection of purchasers of real estate upon sales by order of surrogates," reported in favor of the passage of the same with amendments, which was committed to the committee of the whole.

Mr. Babcock, from the committee on the judiciary, to which was referred a bill from the Assembly entitled, "An act in relation to the judges of the supreme court and other courts of this state," reported adverse to the passage of the same, which was committed to the committee of the whole.

Mr. Babcock, from the committee on the judiciary, to which was referred the petition of the inhabitants of Broome county for a law to secure mechanics' and others erecting buildings, &c. reported and asked to be discharged from further consideration thereof, and that the same be referred to the committee of the whole having in charge the bill on that subject for the county of Rensselaer.

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

Mr. Colt, from the committee on the internal affairs of towns and counties, to which was referred the petition for that purpose, reported the bill entitled, "An act to amend 'An act to drain the Pecama, Vlie, and Beaver Kill swamp in the county of Ulster,' passed February 17, 1848," which was read the first time, and by unanimous consent was also read a second time.

On motion of Mr. Schoonmaker,

Ordered, That said bill be engrossed for a third reading.

Mr. Schoonmaker, from the committee on claims, to which was referred the petition of James M. Case for damages to a canal boat by the breaking of a weigh-lock, reported in writing adverse to the prayer of the petitioner, and offered the following resolution, to wit: Resolved, That the prayer of the petitioner ought not to be granted.

Mr. Dimmick moved that said report be laid upon the table.

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

Mr. Beach, from the committee on public printing, to which was referred the motion to print five times the usual number of the report of the minority of the bank committee on the redemption of bank notes at par in New-York and Albany, reported, and offered the following resolution:

Resolved, That five times the usual number of the said report be printed for the use of the Legislature.

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

Mr. Beach, from the committee on public printing, to which was referred the motion to print five times the usual number of the report of the committee on literature on the subject of postage for the use of the Legislature, and 500 for the use of said committee, reported, and offered the following resolution:

Resolved, That five times the usual number of the said report be printed for the use of the Legislature, and 500 copies for the use of the committee on literature.

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

Mr. Miller, from the committee on roads and bridges, to which was referred the petition for that purpose, reported a bill entitled, "An act to authorise the Palatine and Euphratah plank road company to erect a bridge across the Mohawk," which was read the first time, and by unanimous consent was also read a second time, and committed to the committee of the whole.

Mr. Johnson, from the select committee to which was referred the bill entitled, "An act to amend certain parts of the Revised. Statutes and to regulate the police of the town of Watervliet," to report complete, reported the same complete with amendments, and the title amended so as to read, "An act to amend the Revised Statutes in relation to courts of special sessions and to regulate the police of the town of Watervliet," which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Cook, from the select committee to which was referred the bill entitled, "An act to revise and consolidate the laws in relation to the village of Whitehal," to report complete, reported the same complete with amendments, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Morgan, from the select committee, to which was referred a memorial for that purpose, reported the bill entitled, "An act in relation to the board of health of the city of New-York," 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. Beekman presented the annual report of the trustees of the northern dispensary of the city of New-York, which was referred to the committee on medical societies and colleges.

(See Doc. No. 103.)