The rules were suspended and the bill above reported was taken up. The rules were further suspended, bill considered engrossed, read a third time and passed, and transmitted to the Assembly.

Mr. Larkin, from the Committee on State and County Revenue, verbally reported Senate Bill No. 435, with the recommendation that the same be referred to the Judiciary Committee.

The bill was so referred.

Mr. Tompkins, from the Committee on Counties and County Bounda ries, made the following report:

Mr. PRESIDENT: The Committee on Counties and County Boundaries, to whom was referred the bill to better define the boundary line between Fresno and Mariposa Counties, have had the same under consideration, and now report the same back and recommend its passage.

TOMPKINS, Chairman.

Mr. Green verbally reported Assembly Bill No. 397, and recommended the passage of the same.

MESSAGES FROM THE GOVERNOR.

The following messages were received from the Governor :

STATE OF CALIFORNIA, EXECUTIVE DEPARTMENT,
Sacramento, February 18th, 1870.

To the Senate of the State of California :

I herewith transmit to your honorable body a statement of the amounts expended out of the several appropriations for Special Contingent Fund of the Governor's office:

Of the above expenditures, there were three thousand seven hundred dollars disbursed in the contribution toward a fund for purchasing California silk and manufacturing the same into two flags, the one for the State, and the other for the National Capitol. Of this sum, nineteen hundred dollars were expended out of the appropriation for the twentieth fiscal year, and eighteen hundred dollars out of the appropriation for the twenty-first fiscal year.

A detailed statement of the whole amount expended is in my office, and can be inspected by the Legislature if so desired.

H. H. HAIGHT,

Governor.

STATE OF CALIFORNIA, EXECUTive Department,

Sacramento, February 19th, 1870.

To the Senate of the State of California :

I have to inform your honorable body that I have approved Senate Bill No. 236-An Act to provide funds for the School Department of the City and County of San Francisco.

Also, Senate Bill No. 50-An Act to provide for the appointment of a Commissioner to visit the Eastern insane asylums, and to define his powers and duties.

Also, Senate Bill No. 91-An Act ratifying and confirming action of Common Council of the City of Oakland for the relief of John Scott.

Also, Senate Bill No. 168-An Act to authorize the Controller of State to issue duplicate warrant to E. Blum.

Also. substitute for Senate Bill No. 134-An Act to repeal an Act entitled an Act for the encouragement of agriculture and manufactures in California, approved April twenty-fifth, eighteen hundred and sixtytwo; and to repeal an Act entitled an Act for the encouragement of silk culture in this State, approved March thirtieth, eighteen hundred and sixty-eight.

Also, Senate Bill No. 231-An Act to amend an Act entitled an Act to create the Seventeenth Judicial District, approved March nineteenth, eighteen hundred and sixty-eight.

Also, Senate Bill No. 137-An Act to provide for levying a special tax to construct and furnish a public school house in Merced Falls School District, in the County of Merced.

H. H. HAIGHT,

Governor.

Also, message disapproving of Senate Bill No. 7.

[For message, see Appendix.]

The message was made the special order for Friday next, at two o'clock P. M.

MESSAGES FROM THE ASSEMBLY.

The following messages were received from the Assembly:

ASSEMBLY CHAMBER,

February 18th, 1870.

1870.}

Mr. PRESIDENT: I am directed to inform your honorable body that the Assembly, on this day, passed Assembly substitute for Senate Bill No. 51-An Act to establish and define the powers and duties of the Board of Education of the City of Petaluma.

And, on the tenth instant, passed Assembly Bill No. 313-An Act to authorize the Odd Fellows' Cemetery Association to borrow money for certain purposes, and to secure the same by mortgage upon real estate. And, on the eleventh instant, passed Assembly Bill No. 322-An Act to repeal an Act entitled an Act authorizing the Board of Supervisors of Plumas County to take and subscribe to the capital stock of Oroville and Virginia City Railroad Company, and to provide for the payment thereof.

Also, substitute for Assembly Bill No. 91-An Act to incorporate the Town of San Juan.

And, on the fourteenth instant, passed Assembly Bill No. 217-An Act

to provide for the improvement of the navigation of the Russian River and to declare said stream navigable.

Also, Assembly Bill No. 291-An Act amendatory of and supplementary to an Act to incorporate the City of Nevada, approved April nineteenth, eighteen hundred and fifty-six.

Also, Assembly Bill No. 320-An Act to provide for the building a bridge across Putah Creek, in Napa County, and to authorize the Supervisors of Napa County to levy a special tax for that purpose.

Also, Assembly Bill No. 273-An Act authorizing the construction of a turnpike road from the Town of Truckee, in Nevada County, to the Hot Springs and State line, at the northeasterly end of Lake Bigler, in the County of Placer.

Also, Assembly Bill No. 342-An Act authorizing the Board of Supervisors of Amador County to audit and allow the claim of James Carroll. Also, Assembly Bill No 257-An Act to amend an Act entitled an Act concerning crimes and punishments.

Also, Assembly Bill No. 335-An Act for the appointment of two additional Notaries Public in the County of Solano.

Also, substitute for Assembly Bill No. 303-An Act to amend an Act entitled an Act to regulate proceedings in civil cases in the Courts of justice of this State, passed April twenty-ninth, eighteen hundred and fifty-one, and the Acts amendatory thereof.

CRAWFORD,

Assistant Clerk.

February 18th, 1870.

}

Mr. PRESIDENT: I am directed to return to your honorable body Assembly Concurrent Resolution No. 35-Relative to printing speeches on the Fifteenth Amendment-indorsed as requested.

}

February 18th, 1870.

Mr. PRESIDENT: I am directed to inform your honorable body that the the Assembly, on this day, passed Senate Bill No. 250-An Act to authorize Eliza M. Hartley, administratrix of the estate of Henry Hare Hartley, deceased, to sell real property belonging to said estate.

And, under suspension of the rules, passed Assembly Bill No. 391An Act to provide a Contingent Fund for the use of the Legislature.

CRAWFORD,
Assistant Clerk.

ASSEMBLY CHAMBER,

February 18th, 1870.

Mr. PRESIDENT: I am directed to inform your honorable body that the Assembly, on this day, passed Senate Bill No. 295-An Act to aid the Mercantile Library Association of the City and County of San Francisco in paying its indebtedness.

CRAWFORD,
Assistant Clerk.

CONSIDERATION OF ASSEMBLY MESSAGES.

Assembly Bill No. 303, above reported, read first and second times and referred to the Judiciary Committee.

Assembly Bill No. 257, above reported, read first and second times and referred to the Judiciary Committee.

Assembly Bill No. 335, above reported, read first and second times and referred to the Judiciary Committee.

Assembly Bill No. 342, above reported, read first and second times and referred to the Amador delegation.

Assembly Bill No. 273, above reported, read first and second times and referred to the Committee on Roads and Highways.

Assembly Bill No. 320, above reported, read first and second times and referred to the Napa delegation.

Assembly Bill No. 291, above reported, read first and second times and referred to the Committee on Corporations.

Assembly Bill No. 217, above reported, read first and second times and referred to the Committee on Commerce and Navigation.

Assembly Bill No. 313, above reported, read first and second times and referred to the San Francisco delegation.

Substitute for Assembly Bill No. 91, above reported, read first and second times and referred to the Los Angeles delegation.

Assembly Bill No. 391, above reported, read first and second times and referred to the Finance Committee.

Substitute for Senate Bill No. 51, above reported, adopted.

Assembly Bill No. 322, above reported, read first and second times, rules suspended, read a third time and passed.

Assembly Concurrent Resolution No. 35, above reported.

Mr. Larkin moved to lay the resolution on the table.

Upon which, the ayes and noes were demanded by Messrs. Larkin, Lewis and Chappell, and the Senate refused, by the following vote:

AYES-Messrs. Beach, Fowler, Green, Hunter, Hutchings, Larkin, O'Connor, Orr, Perkins, Roberts, Turner, Tweed, Wilson and Wing-14. NOES-Messrs. Banvard, Burnett, Chappell, Comte, Hager, Irwin, Lawrence, Lewis, Maclay, Mandeville, McDougall, Minis, Murch, Pendegast and Wand-15.

The resolution was then referred to the Committee on Contingent Expenses.

Mr. Pendegast had leave to introduce the following resolution:

Resolved, That when the Senate adjourn this day, it adjourn to meet on Monday next, at half past two o'clock.

Mr. Green moved to lay the resolution on the table.

Lost.

Mr. Fowler moved to amend, by striking out "Monday" and inserting in lieu thereof "Wednesday."

Lost.

Pending the discussion of the resolution, at one o'clock and twentyfive minutes P. M., on motion of Mr. Minis, the Senate adjourned.

WILLIAM HOLDEN,

President of the Senate.

Attest: JOSEPH ROBERTS, Jr., Secretary of Senate.

IN SENATE.

SENATE CHAMBER,

Monday, February 21st, 1870.

1870.}

Senate met pursuant to adjournment.

President in the chair.

Roll called.

Quorum present.

Prayer by the Chaplain.

Journal of Saturday read and approved.

Leave of absence was granted to Mr. Larkin for one day, and indefinite leave to Messrs. Maclay and Conn, and indefinite leave to Willie Ormsby, Page of the Senate, and to Messrs. Gwin, Kincaid and Hager for one day, and to Mr. Betge for two days.

PETITIONS.

By Mr. Murch-From citizens of the County of Humboldt, for the passage of a bill for the payment of the indebtedness of said county. Also, remonstrance from the same, against the passage of said bill. Rules suspended and referred to Judiciary Committee.

By Mr. Fowler-From citizens of Visalia, protesting against the passage of an Act to re-incorporate the Town of Visalia. Read and referred to the Committee on Corporations.

REPORTS.

Mr. O'Connor, from the Committee on Engrossment, made the following report:

Mr. PRESIDENT: The Committee on Engrossment have examined and find correctly engrossed Assembly substitute for Senate Bill No. 51.

O'CONNOR, Chairman.

Mr. Saunders, from the Committee on Corporations, made the following report:

Mr. PRESIDENT: Your Committee on Corporations, to whom was referred Senate Bill No. 6, having duly considered the same, report the same back to the Senate, with the following amendments: 1st. In line twelve, page one, fill blank with figures "120,” and after the word "Act," in line thirteen, page one, insert the words "as to corporations heretofore created, and as to other corporations as aforesaid, within - days after creation thereof." 2d. In lines fourteen. fifteen and sixteen, in page one, strike out the words "in each county where such corporations transact business," and insert in place thereof the words "in the county in which the principal place of business of said corporations in this State is." In lines eight and nine, page two, strike out the words on any resident of this State," and insert in place thereof the words "on foreign corporations." 4th. In lines fourteen, fifteen, sixteen and seventeen, page two, strike out the words "and such foreign corporations cannot be served with such process according to the present provisions of law." 5th. Strike out section six. And, as amended, recommend its passage.

SAUNDERS, Chairman.