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act to incorporate the Montgomery County Mutual Insurance Company,' passed March 30, 1836," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance companies.

In pursuance of previous notice, Mr. Ames asked and obtained leave to introduce a bill, entitled "An act to provide for the payment for work done and materials furnished on and for certain parts of the Erie canal enlargement,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

In pursuance of previous notice, Mr. Doherty asked and obtained leave to introduce a bill entitled "An act to authorise the construction of a railroad in certain streets and avenues in 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 the incorporation of cities and villages.

By unanimous consent, Mr. Foote moved to amend the bill entitled "An act to consolidate and amend the several acts relating to the village of Cazenovia, to alter the bounds and to enlarge the powers of the corporation of said village," by striking from the 3d section, the following words :“ the first meeting and election of said village after the passage of this act, shall be held on the first Wednesday after the first Tuesday of March, 1859, and the officers then elected shall hold their offices until the first Tuesday of January, 1860;" and also strike out section 43, and insert the following:

$43. “ The present officers of said village are hereby continued in office until the first Tuesday of January, 1860; and the present ordinances or by-laws of said village, shall not become void or invalid by this change of the charter, but shall continue binding and valid until they are repealed or modified by the trustees; but with such restrictions and exceptions this act shall take effect immediately, and all previous acts incorporating the said village, or amending the charter thereof, shall be repealed.”

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

Said bill, as amended, was then 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, and three-fifths of said members being present, as follows:

FOR THE AFFIRMATIVE.

Brandreth Ely

Loveland
Pratt

W.A. Wheeler
Burhans
Foote
Mandeville Scott

J. A. Willard Darling Halsted Mather Smith

John D. Willard
Diven
Hubbell
Paterson
Spinola

Williams
Doherty
Lailin

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

On motion of Mr. Pratt, Resolved, That the Assembly be respectfully requested to transmit [SENATE JOURNAL.]

32

to the Senate the report of pardons, reprieves and commutations made by Governor Seymour in 1854 (Assembly Journal 1854, page 1061).

Mr. Darling offered the following resolution :

Resolved, That there be printed for the use of the Senate, 2,000 extra copies of the report of the State Engineer and Surveyor on Railroads of this State.

Ordered, That said resolution be referred to the committee on public printing.

On motion of Mr. Ely, Resolved, that the mayor, comptroller, and president of the board of supervisors of the city and county of New York, be requested to communicate to this Senate what items of the tax levy of the city for the present year, may be reduced, without impairing the efficiency of any of the departments of the city government.

Mr. John D. Willard offered the following resolution :

Resolved, That 200 extra copies of the testimony in the case of the alleged vacancy in the 11th Senatorial district, be printed for the use of the Senate.

Ordered, That said resolution be referred to the committee on public printing.

Mr. Mather offered the following resolution:

Resolved, That 1,000 additional extra copies of the report of the select committee on the sanitary condition of the city of New York, be printed for the use of the committee.

Ordered, That said resolution be referred to the committee on public printing

Mr. Smith offered the following resolution :

Resolved, (if the Assembly concur,) That this Legislature will adjourn on Friday, the first day of April next, at 12 o'clock, M.

Ordered, That said resolution be laid on the table.
Mr. Laflin offered the following resolution:

Resolved, That Senate bill, No. 127, entitled "An act to amend the charter of the village of Herkimer," be referred to the first comınittee of the whole not yet filled.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative, two-thirds of all the members present voting in favor thereof.

By unanimous consent, Mr. Diven asked and obtained leave to introduce a bill entitled “An act to cancel and discharge certain mortgages on property of the Auburn and Syracuse Railroad Co.,!" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

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:

Assembly bill, "An act to amend an act entitled 'An act to incorporate the village of Rhinebeck, passed April 23, 1834.”

Assembly bill, "An act in relation to a bridge across Buffalo creek, in the county of Erie.”

Assembly bill, “An act to extend the time for the collection of taxes in the city of Oswego, and in the several towns in the county of Oswego, and in the towns of Duanesburgh and Rotterdam, in the county of Schenectady."

And after some time spent therein, Mr. Diven, from said committee, reported in favor of the passage of said first and second mentioned bills, which report was agreed to, and said bills ordered to a third reading.

Mr. Diven, from said committee, reported in favor of the passage of said third mentioned bill, with amendments, which report was agreed to, and said bill ordered to a third reading.

On motion of Mr. Noxon, and by unanimous consent, the 26th rule was suspended, so that the three several bills above named may now be read the third time.

The Assembly bill entitled "An act to amend an act entitled 'An act to incorporate the village of Rhinebeck, passed April 23, 1834," 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, and three-fifths of said members being present, as follows:

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

The Assembly bill entitled "An act in relation to a bridge across Buffalo creek, in the county of Erie,” 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, and three-fifths of said members being present, as follows:

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

The Assembly bill entitled "An act to extend the time for the collection of taxes in the City of Oswego, and in the several towns in the county of Oswego, and in Duanesburgh and Rotterdam, in the county of Schenectady," 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, and three-fifths of said members being present, as follows:

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Ordered, That the Clerk return said bill to the Assembly,

with a message informing that the Senate have passed the same, without amendment.

On motion of Mr. Noxon, and by unanimous consent, so much of the 38th rule as prohibits a bill being sent to the Assembly on the day of its passage, was suspended, so that said bills may be at once transmitted to the Assembly.

The Senate again 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 the charter of the village of Herkimer."

"An act to incorporate Brigham Hall, a hospital for the reception and care of the insane."

Assembly bill, “An act to divide the county of Oswego into three school commissioner districts, and to provide for the appointment of a school commissioner therein."

And after some time spent therein, Mr. Paterson, from said committee, reported in favor of the passage of said first mentioned bill, with amendments, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Paterson, from said committee, reported progress on said second and third mentioned bills, and asked and obtained leave to sit again.

On motion of Mr. Boardman, and by unanimous consent, the committee of the whole were discharged from the further consideration of the bill entitled "An act to incorporate Brigham Hall, a hospital for the reception and care of the insane," and the same was ordered referred to the committee on the judiciary, to report complete.

On motion of Mr. Ames, Resolved, That the bill entitled "An act to regulate the rates of wharfage in the cities of New York and Brooklyn,” and the accompanying report be recommitted to the committee on commerce and navigation.

The Senate again 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 incorporate the Corpus Christi Ship Channel Com

pany."

"An act to extend the term of service of supervisors."

"An act to increase the powers and duties of public administrators."

And after some time spent therein, Mr. Halsted, from said committee, reported in favor of the passage of said first mentioned bill, which report was agreed to, and said bill ordered engrossed for a third reading.

Mr. Halsted, from said committee, reported progress on said second and third mentioned bills, and asked and obtained leave to sit again.

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

"An act to change the time of holding the charter election of the village of Schuylerville," which was read the first time, and by unaninious consent was also read the second time.

On motion of Mr. Scott, and by unanimous consent, the rule was suspended, and said bill ordered to a third reading.

Said bill was then 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 return said bill to the Assembly, with a message informing that the Senate have passed the same, without amendment.

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

"An act to provide the means for the enlargement and completion of the canals of this State, specified in section three, article seven of the Constitution, for the fiscal year commencing October 1st, 1859, and for other purposes," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on canals.

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

"An act authorizing the trustees of the village of Middletown, in the county of Orange, and State of New York, to permit the construction of gas works in said village.”

Ordered, That the Clerk deliver said bill to the Governor.
On motion of Mr. Sloan, the Senate adjourned.

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