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FEBRUARY 21.] 235

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

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

Mr. Morgan, from the committee on finance, to which was referred so much of the message of the Governor as relates to the finance of the State, reported in writing.

(See Doc. No. 68.)

Mr. Geddes moved that five times the usual number of the said report be printed for the use of the Legislature. Ordered, That said motion be referred to the committee on public printing. Mr. Stanton, from the committee on charitable and religious societies, to which was referred the petition for that purpose, reported the bill entitled, “An act appropriating money to the Troy hospital,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee of the whole. Mr. Carroll, from the committee on engrossed bills, reported as correctly engrossed the bill entitled, “An act to amend an act to drain the Pecama Fly and Beaver Kill swamp in the county of Ulster passed February 17, 1848.” Ordered, That the said bill do have its third reading. 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 incorporate the Barryville and Shehola Delaware bridge company,” 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. Brown, from the select committee, to which was referred the bill entitled, “An act to establish a free school in district number three in the town of Newtown,” to report complete, reported the same complete with amendments, which report was agreed to and the bill ordered engrossed for a third reading. Mr. Carroll from the select committee, to which was referred the bill entitled, “An act to amend an act to provide for the appointment of commissioners to ascertain the compensation for taking private property for public use in the city of Troy,” to report complete, reported the same complete with amendments, and with the title thereof altered so as to read as follows: “An act to provide for the appointment of commissioners to ascertain the compensation for taking private property for public use in the city of Troy, and to regulate the proceedings in taking such property for that purpose passed April 6, 1849.” The President put the question whether the Senate would agree to the said report, and it was decided in the affirmative. Ordered, That said bill be engrossed for a third reading.

Mr. Beekman, from the committee on literature, to which was referred the petition for that purpose, reported a bill entitled, “An act to establish a free school in the town of West Farms,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee of the whole. A message was received from the Assembly, informing that they had passed the resolutions of the Senate in relation to “An act to extend a patent heretofore granted to William Woodworth,” commonly known as the act extending Woodworth's planing machine, without amendment. In pursuance of previous notice, Mr. Babcock asked for and obtained leave to introduce a bill entitled, “An act to restrain district attorneys from conducting civil proceeding in certain cases,” 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. Stanton gave notice that he would, at an early day, ask leave to introduce a bill to amend the charter of the village of Seneca Falls. In pursuance of previous notice, Mr. Johnson asked for and obtained leave to introduce a bill entitled, “An act imposing tolls upon freight transported on the N. Y. and Erie railroad” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance. On motion of Mr. Schoonmaker, Resolved, That Friday, the 22nd inst. being the anniversary of the birth day of George Washington, and in conformity with long established usage, and to testify the unchanged respect entertained for his memory, the Senate will hold no session that day. On motion of Mr. Geddes, Resolved, That the act No. 101 for creating a fund for the benefit of the Stockbridge Indians, be made a special order for Saturday next at eleven o’clock A. M. On motion of Mr. Babcock, Resolved, That the attorney general be requested to report to the Senate his opinion as to the constitutionality of the bill entitled, “An act for the relief of tenants holding lands under perpetual leases in this State,” together with the reasons and authorities for such opinion. Mr. Geddes moved to amend said resolution by striking out all after the word “the” in the first line and insert “bill entitled “An act for the relief of tenants holding lands under perpetual leases.in the State’ be referred to the select committee which has heretofore reported it, to report complete.” Debate was had thereon, when Mr. Geddes withdrew his amendment. Debate was further had thereon, when Mr. Brandreth withdrew his said resolution.

Mr. Cross moved that the Senate reconsider its vote designating Friday as the day for the consideration of executive business. The President put the question whether the Senate would agree to the said motion, and it was decided in the affirmative. Mr. Cross then moved that “Friday,” be stricken out and “Tuesday” inserted as the day when the Senate will consider executive business. The President put the question whether the Senate would agree to the said motion, and it was decided in the affirmative. On motion of Mr. Stanton, Resolved, That Senate bill No. 59 entitled “An act to amend the charter of the New York orphan asylum society,” be referred to the committee of the whole having in charge the bill entitled “An act for the relief of tenants holding lands under perpetual leases in this State.” On motion of Mr. Schoonmaker, Resolved, That the committee of the whole be discharged from the further consideration of Senate bill No. 112 entitled “An act to amend the charter of the village of Newburgh,” and that the same be ordered to be engrossed for a third reading. On motion of Mr. Curtis, Resolved, That the committee of the whole be discharged from the further consideration of Senate bill No. 94 entitled “An act to authorise the election of a police justice in the town of Newburgh,” and that the same be referred to a select committee to report comlete. P Ordered, That Messrs. Curtis, Crolius, and Schoonmaker be such committee. On motion of Mr. Morgan, Resolved, That Assembly bill No. 9 being “An act to amend the charter of the New-York hopital,” be ordered to a third reading. Leave of absence was granted to Mr. Upham for one week. On motion of Mr. Miller, Resolved, That the bill to renew the charter of the Central bridge company in Schoharie county be taken from the committee of the whole and referred back to the committee on roads and bridges. On motion of Mr. Morgan, Resolved, That so much of the memorial of the board of health of the city of New York, as asks for the reenactment of a law passed June 22, 1832 entitled “An act for the preservation of the public health,” be referred to the committee on the judiciary to report upon the propriety of granting the prayer of the memorialists. On motion of Mr. Morgan, Resolved, That Senate bill No. 74 being “An act to appropriate money to the society for the reformation of juvenile delinquents in the city of New-York,” be made the special order for Thursday the 28th instant, at 12 o'clock M. On motion of Mr. Beekman, Resolved, That Senate bill No. 82 being “An act further to amend ‘An act establishing free schools throughout the State,' passed March 26, 1849,” be made the special order for Friday, March 1, at 12 o’clock M. On motion of Mr. Cross, Resolved, That Senate bill No. 73 entitled, “An act to authorize the appointment of commissioners to open Division avenue in the city of Brooklyn, be taken from the committee of the whole and referred to a select committee to report complete. Ordered, That Messrs. Cross, Dimmick, and Snyder be such committee. On motion of Mr. Mann, Resolved, That the bill from the Assembly entitled “An act in relation to juvenile delinquents” be ordered to a third reading. The bill entitled, “An act to amend an act to drain the Pecama Fly and Beaver Kill swamp in the county of Ulster passed February 17, 1848, was read a third time and passed, a majority of all the members elected to the Senate voting in favor thereof, and threefifths of all the members elected to the Senate being present at the final passage thereof, as follows:

FOR THE AFFIRMATIVE.

Mr. Babcock Mr. Dart Mr. Morgan
Mr. Beach Mr. Dimmick Mr. Noyes
Mr. Beekman Mr. Fox Mr. Owen
Mr. Brandreth Mr. Geddes Mr. Schoonmaker
Mr. Carroll Mr. Guinnip Mr. Skinner
Mr. Cook Mr. Johnson Mr. Snyder
Mr. Crolius Mr. Mann Mr. Stanton
Mr. Crook Mr. Miller Mr. Stone

Mr. Cross 26

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

The bill from the Assembly entitled, “An act to amend the charter of the society of the New-York hospital,” was read the third time and passed, a majority of all the members elected to the Senate voting in favor thereof, as follows:

roR THE AFFIRMATIVE.

Mr. Babcock Mr. Dimmick Mr. Noyes
Mr. Beach Mr. Fox Mr. Owen
Mr. Beekman Mr. Geddes Mr. Schoonmaker
Mr. Carroll Mr. Guinnip Mr. Skinner

Mr. Cook Mr. Johnson Mr. Snyder
Mr. Crolius Mr. Mann Mr. Stanton
Mr. Crook Mr. Miller Mr. Stone

Mr. Dart Mr. Morgan Mr. Williams - 24

Ordered, That the Clerk return said bill to the Assembly with a message informing that the Senate have passed the same without amendment. The bill from the Assembly entitled “An act in relation to juvenile delinquents” was read a third time and passed, a majority of all the members elected to the Senate voting in favor thereof, as follows:

FOR THE AFFIRMATIVE.

Mr. Babcock Mr. Curtis Mr. Morgan
Mr. Beach Mr. Dart Mr. Noyes
Mr. Beekman Mr. Dimmick Mr. Owen

Mr. Brown Mr. Fox Mr. Schoonmaker
Mr. Carroll Mr. Geddes Mr. Skinner

Mr. Colt Mr. Guinnip Mr. Snyder

Mr. Cook Mr. Johnson Mr. Stanton
Mr. Crolius Mr. Mann Mr. Stone

Mr. Crobk Mr. Miller Mr. Williams 27

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same with the amendments therewith delivered. The Senate then resolved itself into a committee of the whole on the following bills: “An act for the relief of tenants holding lands under perpetual leases in this State.” “An act further to amend the charter of the New York orphan asylum society.” And after some time spent on said first mentioned bill, Mr. Curtis, from said committee, reported progress, and asked for and obtained leave to sit again. - Mr. Curtis, from the same committee, reported in favor of the passage of said second mentioned bill without amendment, which report was agreed to, and said bill ordered engrossed for a third readIng. The Senate then resolved itself into a committee of the whole on the bill entitled “An act to revise and condense into one the several acts relating to the harbor masters of the port of New York.” After some time spent thereon, Mr. Dart, from said committee, reported progress, and asked for and obtained leave to sit again. Mr. Cross moved that the committee of the whole be discharged from the further consideration of said bill and that the same be referred to a select committee composed of the Senators from the 2nd, 3d, 4th, 5th, and 6th Senate districts. The President put the question whether the Senate would agree to the said motion, and it was decided in the affirmative. A bill was received from the Assembly for concurrence entitled, “An act to provide for the payment of the existing debts and liabilities of the city of Brooklyn,” which was read the first time, and by unanimous consent was also read the second time. Mr. Cross moved that said bill be made the special order for Saturday morning at 11 and a half o'clock.

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