aid to Troy University, which was read and referred to the committee on literature.

Mr. Hubbell presented a petition of the Utica Woolen Mills Co., to change their name, which was read and referred to the committee on the judiciary.

Mr. Laflin presented a petition of Harper Bros., Benj. Onderdonk and others, for aid to the Troy University, which was read and referred to the committee on literature.

Mr. Loveland presented a petition of citizens of Essex and Warren counties, asking for removal of county line, which was read and referred to the committee on the erection and division of towns and counties.

Mr. Scott, from the committee on the judiciary, to which was referred the bill entitled "An act in relation to the time of holding annual town meetings," reported in favor of the passage of the same, with an amendment, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Scott, from the committee on the judiciary, to which was referred the bill entitled "An act to amend an act entitled 'An act to provide for the appointment of commissioners of deeds in the village of Saratoga Springs,' passed April 7, 1858," 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 provide for the execution of a contract made by Eli Chittenden and others, with the Commissioners of the Land Office, April 10, 1856," reported in favor of the passage of the same, with amendments, 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 for the relief of the estate of James Mullett, deceased," 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. John D. Willard, from the committee on the judiciary, to which was referred the petition of members of the bar of Rensselaer county, praying for the printing of court calendars in that county, reported a bill entitled "An act to provide for the printing of calendars of the Courts of Record in Rensselaer county," 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. Boardman, from the committee on Indian affairs, to which was referred the 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," 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. Darling, from the committee on engrossed bills, reported as correctly engrossed, the bill entitled as follows;

66 'An act to provide for the better regulation and keeping of the poor house in the county of Wayne, and for other purposes."

The President presented a communication from Chas. H. Sherrill, recommending the passage of a law for the publishing of reports of State officers in the State papers; which was referred to the committee on the judiciary, and ordered printed.

(See Doc. No. 54.)

The President presented an invitation from R. C. Bentley, to attend the exercises appropriate to the celebration of the anniversary of Washington's birthday, in the Assembly Chamber, on the 22d inst.

On motion of Mr. Scott, the invitation was accepted.

Mr. Diven rose to a question of privilege, and offered the following resolution:

Resolved, That the committee on public buildings be instructed in their examination of charges of corruption, to allow any party implicated to appear by counsel, and cross-examine witnesses, and allow such parties to introduce witnesses in exculpation.

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

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

“An act authorizing Jonathan Preston to establish and continue a ferry across Deering's Harbor, from Greenport to Shelter Island," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on commerce and navigation.

"An act to incorporate Protection Fire Engine Company, No. 7, in the town of Southfield, Richmond county," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the internal affairs of towns and counties.

"An act to confirm the official acts of persons appointed by the Governor to fill vacancies in the office of Justice of the Peace," 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 legalize the acts of George W. Smith, a justice of the peace," 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 revise and consolidate the several acts incorporating the village of Hoosick Falls, and the several acts amending the same," 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.

"An act to repeal parts of an act entitled 'An act to amend an act entitled 'An act to incorporate the city of Poughkeepsie,' passed March 28, 1854, and the amendment thereto April 12th, 1855," to authorize the Common Council of said city to borrow and assess $2,500, for debts incurred by them for highway and bridge purpo

ses, passed April 2d, 1858," 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.

"An act to change the name of that part of Canton street, in the city of Brooklyn, between Atlantic Avenue and De Kalb Avenue, to Fort Green Place," 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.

"An act to amend the act entitled 'An act to combine into one act the several acts relating to the city of Albany,' passed April 12, 1842," 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.

"An act to annex a part of the town of Italy, in the county of Yates, to the town of Naples, in the county of Ontario," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the erection and division of towns and counties.

"An act to change the name of Porter Ketcham Terry to James Terry Porter," 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 incorporate the Mamaroneck and New Rochelle Steam Navigation Company," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on commerce and navigation.

"An act to increase the number of coroners in Queens county," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the internal affairs of towns and counties.

"An act to incorporate Protection Engine Company No. 3, in the village of Matteawan, Dutchess county, New York," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the internal affairs of towns and counties.

"An act to authorize the collection of the unpaid school taxes of the years 1856, 1857 and 1858, in the village of Sing Sing," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

"An act to amend the act entitled 'An act to establish free schools in the village of Sing Sing,' passed April 15th, 1854," and the act amendatory thereof entitled "An act to amend the act entitled 'An act to establish, free schools in the village of Sing Sing, passed April 15, 1854,' passed April 10, 1857," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

The Assembly returned the bill entitled "An act to enable agricultural and horticultural societies to extend a more perfect protection to their property and the property of exhibitors at fairs, and to [SENATE JOURNAL.]

26

allow the board of managers to appoint a police for that purpose," with a message that they have concurred in the passage of the same with the following amendment: In second section, engrossed bill, strike out the fifth, sixth, and all of the seventh line, except the word "shall," to wit: "or shall in any mode gain admission to the fair grounds contrary to the rules of said society, or without paying the established fees during any fair of such society."

Mr. Darling moved that the Senate do non-concur in the Assembly's amendment.

Mr. Scott moved to lay the motion on the table.

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

A message from the Assembly was received and read, informing that they had passed, without amendment, the following entitled bill:

"An act to provide for the appointment of commissioners of deeds in the village of Ballston Spa."

"An act in relation to Waterloo Union School Districts Nos. 1 and 15, in the town of Waterloo, county of Seneca."

Ordered, That the Clerk deliver said bills to the Governor.

A message from the Assembly was received and read informing that they had concurred in the amendments of the Senate to the bills entitled as follows:

"An act to authorize the Rochester Bank to reduce its capital stock."

"An act authorizing the Baptist Society of Sweden and Bergen, to sell their parsonage."

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

The Assembly returned the concurrent resolutions relative to printing extra copies of the annual report of the Regents of the University, amended so as to read as follows:

"Resolved, (If the Assembly concur,) That 1,000 extra copies of the annual report of the Regents of the University, be printed for the use of the Regents, and 2,000 copies for the Legislature.' Mr. Foote moved that the Senate concur in the amendment. 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 resolutions to the Assembly with a message informing that the Senate have concurred in their amendments thereto.

Mr. Scott gave notice that he would at an early day ask leave to introduce a bill to amend the act in relation to laying out private roads and discontinuing public highways.

Mr. Hubbell gave notice that he would at an early day ask leave to introduce a bill entitled "An act to change the corporate name of the Utica Woolen Mills Co."

Mr. Diven gave notice that he would at an early day ask leave to introduce a bill entitled "An act to amend certain sections of the Code of Procedure."

Mr. John D. Willard gave notice that he would at an early day ask leave to introduce a bill to prescribe a mode for the service of civil process upon persons imprisoned in any of the State prisons.

Mr. Loveland gave notice that he would at an early day ask leave to introduce a bill entitled "An act to provide for the enlargement of Clinton prison."

Mr. Pratt gave notice that he would at an early day ask leave to introduce a bill relative to the arsenals and armories of the State.

In pursuance of previous notice, Mr. W. A. Wheeler asked and obtained leave to introduce a bill entitled "An act vesting the control of the piers, booms and dams, on Salmon river, in the Commissioners for improving the said river," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on commerce and navigation.

In pursuance of previous notice, Mr. Foote asked and obtained leave to introduce a bill entitled "An act to repeal section 12, of chap. 306, of the Laws of 1858, entitled 'An act to amend certain sections of the Code of Procedure,'" 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. Johnson asked and obtained leave to introduce a bill entitled "An act to amend an act entitled 'An act to suppress intemperance, and to regulate the sale of intoxicating liquors,' passed April 16, 1857," which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Johnson,

Said bill was ordered referred to a select committee.

In pursuance of previous notice, Mr. Ely asked and obtained leave to introduce a bill, entitled "An act to amend the act entitled 'An act to incorporate the Provident Fund Society of the city of New York,'" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on charitable and religious societies.

The Assembly bill entitled "An act to authorize the Common Council of the City of Hudson to fund the floating debt of said.city and for other purposes," was read a third time.

to

The President put the question whether the Senate would agree 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, and three-fifths of said members being present as follows:

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.