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Said report was laid on the table.

Mr. Halsted, from the committee on the incorporation of cities and villages, to which was referred the memorial of R. M. Blatchford and others, for relief, reported a bill entitled "An act to amend the charter of the Peoples' Loan and Relief Company," 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. Laflin, from the committee on literature, to which was referred the bill entitled "An act in relation to Waterloo Union School Districts, Nos. 1 and 15 in the town of Waterloo,” reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole

On motion of Mr. Boardman, and by unanimous consent, The rules were suspended, and said bill recommitted to the committee on literature, with power to report complete.

Mr. Darling, from the committee on engrossed bills, reported as correctly engrossed, the bills entitled as follows:

"An act to amend and change the name of the Lisle and Forest burgh Plank Road Company, and the Mount Hope and Lumberland Turnpike Road Company, and merge them into one."

“An act relating to fisheries in the town of New Utrecht, in the county of Kings.?

A message from the Assembly was received and read, requesting the concurrence of the Senate to the following entitled bills:

An act to amend an act, entitled "An act for the prevention of frauds upon the canal revenues, passed April 14, 1855,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

"An act authorizing notaries public of the State of New York, to perform the duties now performed by commissioners of deeds," which was read the first time, ard by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to amend chapter nine, title nine, article eight, part first of the Revised Statutes entitled Regulations and penalties concerning the navigating of the canals, and the collection of tolls," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

"An act in relation to indictments in criminal 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.

"An act to enable the Shinecock tribe of Indians to exchange certain rights in land with the trustees of the proprietors of the common and individual lands and marshes in the town of Southampton," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on Indian affairs.

The President presented the annual report of the Inspectors of State Prisons, which was laid on the table and ordered printed.

(See Doc. No. 40.)

Mr. Diven gave notice that he would, at an early day, ask leave to introduce a bill entitled "An act to incorporate the Fire Department of the village of Elmira;” also, a bill entitled “An act to authorise the commissioner of highways of the town of Southport, in the county of Chemung, to lay out a highway on the line between the said town and the State of Pennsylvania."

Mr. Ames gave notice that he would, at an early day, ask leave to introduce a bill entitled "An act requiring District Attorneys to make periodical reports;" also, a bili, entitled "An act requiring reports from the commissioners of jurors in the city and county of New York;” also a bill entitled "An act requiring reports from the corporation attorney of the city of New York."

Mr. Johnson gave notice that he would, at an early day, ask leave to introduce a bill, entitled "An act to amend the charter of the Watervliet Turnpike Co. ;” also a bill entitled "An act to authorise the construction of a bridge across the Champlain canal."

Mr. Ely gave notice that he would, at an early day, ask leave to introduce a bill entitled “An act to amend the Act to enable Peter Cooper to found a Scientific Institution in the city of New York, passed February 17, 1857,' and also to amend the act amending the same, passed March 21, 1857."

Mr. Sloan gave notice that he would, at an early day, ask leave to introduce a bill entitled “An act in relation to Savings Banks in the State of New York."

In pursuance of previous notice, Mr. Johnson asked and obtained leave to introduce a bill entitled "An act to incorporate the Mohawk Savings 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. Pratt asked and obtained leave to introduce a bill entitled "An act for the better preservation of the public records," which was read the first time, and by unanimous consent was also read the second time, and referred to the joint library committee.

The bill entitled "An act relating to fisheries in the town of New Utrecht, in the county of Kings," was read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, as follows:

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

The bill entitled "An act to amend and change the names of the Lisle and Forestburgh Plankroad Company, and the Mount Hope [SENATE JOURNAL.]

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and Lumberland Turnpike Road Company, and merge them into one,” was read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, as follows:

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

Mr. Johnson offered the following resolution, viz:

Resolved, (If the Assembly concur,) That the Canal board be and are hereby instructed to institute proceedings under the act of 1847, chapter 270, to test the constitutionality of the act abolishing tolls on railroads, passed on the 10th July 1851.

Ordered, That said resolution be laid on the table.
Mr. John D. Willard offered the following resolution :

Resolved, That the Attorney General be requested to communicate his opinion to the Senate whether, under the Constitution and laws, the term of office of the Hon. Samuel B. Ruggles, who was appointed by the Governor in July last, Canal Commissioner, to supply the vacancy occasioned by the death of the Hon. Samuel S. Whallon, has expired; and whether he was in office on the 24th day of January inst.; and, if still in office, at what future day his term of office will expire.

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

Mr. Diven offered the following resolutions, viz:

Resolved (If the Assembly concur), That the following amendments be proposed to the Constitution of this State :

From and after the third Tuesday of June, 1860, the Court of Appeals shall consist of six judges, to be chosen by the electors of this State. The four judges who may then be in office, by previous election or appointment, shall continue to hold until the expiration of their respective terms. On the third Tuesday of May, 1860, an election shall be held at which two judges of said court shall be chosen, whose terms shall commence on the third Tuesday of June, 1860. The term of one of them shall expire in nine years from the thirty-first day of December, following, and of the other in eleven years from the same time. At the general election in the year 1861, and in every second year thereafter, unless the Legislature shall by law appcint a different day, one judge of said court shall be chosen for a term of twelve years, from and after the thirty-first day of December next, after such election. Four judges shall constitute a quorum. In case of the absence or inability to serve of any judge or judges, the Governor may appoint one or more justices of the Supreme Court to serve for the time being.

Section seven, of article six of the Constitution, is hereby abrogated, and the following provisions substituted :

The judges of the Court of Appeals and the justices of the Supreme Court shall receive, at stated times, for their services, a compensation to be established by law. The provision made for such compensation by act of the Legislature in the year 1857, shall apply to judges and justices then in office, as well as those thereafter elected or appointed, and the same shall be deemed to have taken effect accordingly, from the first day of January, 1858.

Section fourteen, of article six of the Constitution, is amended, as follows:

The County Court shall have such original and appellate jurisdiction as the Legislature may prescribe.

Resolved (If the Assembly concur), That the foregoing amendments be referred to the Legislature to be chosen at the next general election of Senators, and that the same be published for three months prior to such election, pursuant to section - of article thirteen of the Constitution.

Ordered, That said resolutions be laid on the table.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of the general orders, being the bills entitled as follows:

“An act to amend chapter twenty, title twenty-one, of part first of the Revised Statutes, relative to insurance on property, hy individuals and associations unauthorized by law."

An act to incorporate the Auburn Waterworks Company." "An act to incorporate the Dime Savings Bank of Brooklyn."

And after some time spent thereon, Mr. Johnson, from said committee, reported in favor of the passage of said bills, with amendments, which report was agreed to, and said bills ordered engrossed for a third reading.

A message from the Assembly was received and read in the words following, to wit:

Resolved, That the Hon. the Senate be respectfully requested to return to this House the bill entitled "An act in relation to indictments in criminal cases." Ordered, That the Clerk return said bill to the Assembly.

On motion of Mr. W. A. Wheeler,
Mr. Foote was made Chairman of the committee on banks.
On motion of Mr. Ames, the Senate adjourned.

FRIDAY, JANUARY 28, 1859.

The Senate met pursuant to adjournment.
Prayer by the Rev. Mr. Hewes.
The journal of yesterday was read and approved.

Mr. Smith presented a petition of citizens of Richmond county, for an appropriation to the Troy University, which was read and referred to the committee on literature.

Mr. Pratt presented a petition of the Rev. P. R. Brown, and many other citizens of Wawarsing, Ulster co., for a grant of money in aid of the Troy University, which was read and referred to the committee on literature.

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

Mr. John D. Willard presented a petition of inhabitants of Washington county, for aid to the Troy University, which was read and referred to the committee on literature.

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

Mr. J. A. Willard presented a petition of citizens of Jefferson and Lewis county, for an appropriation to improve the navigation of Beaver river, which was read and referred to the committee on finance.

Mr. Scott presented a petition of sundry inhabitants of Canajoharie, Montgomery county, for aid to the Troy University, which was read and referred to the committee on literature.

Mr. Laflin presented a petition of 66 citizens of Springfield, Otsego county, praying for aid to the Troy University, which was read and referred to the committee on literature.

Mr. Prosser presented a petition of Morris Fordick and ninety others of the county of Erie, praying that the act passed April 15, 1857, appointing commissioners for the adjustment of claims of the militia of the war of 1812, be amended, which was read and referred to the committee on militia and public defence.

Mr. Diven, from the committee on the judiciary, to which was referred the petition of Josiah Blackwell to be refunded moneys paid by him in defending certain suits for land patented to him, he acting under the direction of the Commissioners of the Land Office, reported a bill entitled "An act for the relief of Josiah Blackwell," 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. Laflin, from the committee on literature, to which was referred the petition of 500 tax payers of the county of Sullivan, for an

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