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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 hour of 12 o'clock having arrived, the Senate went into executive session, and after some time spent therein, legislative business was resumed.

Mr. Diven moved that the doors remain closed.

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

Mr. John D. Willard moved the following minute of the proceedings in secret session, and the resolution embraced therein, viz: A question of privilege having been raised by Senator Diven in behalf of the Sergeant-at-Arms, after hearing the statement of the Sergeantat-Arms, and explanations of the Senators from the 9th and 17th districts,

Resolved, that there is nothing connected with that question of privilege which requires action from the Senate, or reflects upon the character or official conduct of the Sergeant-at-Arms.

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

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Mr. Paterson moved that the doors be opened and that the injunction of secrecy be removed.

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

On motion of Mr. Laflin, Resolved, That a respectful message be sent to his Excellency the Governor of this State, requesting him to transmit to this House the bill entitled “An act to extend the time for the collection of taxes,” and that the same, when received, be referred to the committee on the incorporation of cities and villages, with instructions to amend the same by striking out in the first section all after the word “Oswego," in the second line of said section, to and inclusive of the word “ Westchester," in said section ; and also by inserting in the thirteenth line, after the word "time, the words for the collection of taxes;" and to still further amend by striking out the entire second section, and to so amend the whole bill that section third shall become section second; and that they be directed to report the same as amended, forth with to the Senate.

On motion of Mr. Darling, the Senate adjourned.

THURSDAY, MARCH 3, 1859.

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

Mr. Smith presented a petition of inhabitants of Suffolk county, for a law to raise by tax money to build a bridge across the East Connecticut river, which was read and committed to the committee of the whole.

Mr. Mather presented a petition of merchants and citizens of New York, asking for increased capacity of the canals of this State, which was read and referred to the committee on canals.

Also a memorial of Elisha Carpenter, of the city of New York, on subject of exemption laws, which was read and referred to the committee on the judiciary.

Mr. Scott presented a petition of sundry inhabitants of Montgomery county, for the passage of the law relative to the auditing of accounts by the board of supervisors of said county, which was read and committed to the committee of the whole.

Mr. Diven presented a petition of John Plato and others, for an amendment of the Law of April 14, 1857, relative to loaning money to Rogersville Union Seminary, which was read and referred to the committee on literature.

Mr. J. A. Willard, from the committee on the internal affairs of towns and counties, to which was referred the bill entitled “An act in relation to auditing of accounts by boards of supervisors, and the duties of certain officers in connection therewith," 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 bill entitled "An act to regulate the salary of the district attorney of the county of Putnam," reported the same for the consideration of the Senate, 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 bills entitled as follows:

"An act relative to the public health of the city of New York."

"An act to authorise the commissioners of highways of the town of Southport, in the county of Chemung, to lay out a highway on the line between said town and the State of Pennsylvania."

"An act to make corporations in the city of Buffalo taxable, the same as corporations in other cities and counties of this State.”

"An act to confer upon the board of supervisors of the county of Monroe, certain powers relative to the office of clerk of said county.”

"An act to authorise Wynant G. Vandenburgh, the only surviving member of the consistory of the Reformed Protestant congregation of Halfmoon, Saratoga county, to alienate certain real estate belonging to said congregation."

Mr. Halsted, from the majority of the committee on the incorporation of cities and villages, to which was referred the bill entitled "An act to authorise the construction of a railroad through certain streets and avenues in the city of New York," reported against the passage of the same, in writing.

Mr. Ely, from the minority of the committee on the incorporation of cities and villages, to which was referred the bill entitled "An act to authorise the construction of a railroad through certain streets and avenues in the city of New York,” submitted a report in writing.

Mr. Diven moved to refer the reports to the committee on railroads.

Mr. Scott moved that the reports be laid on the table, and that 500 extra copies be printed for the use of the Senate.

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

(See Docs. Nos. 69, 70.) Mr. Laflin, from the committee on literature, to which was referred the bill entitled “An act in relation to common schools in the village of Elmira," 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. Laflin, from the committee on literature, to which was referred the Assembly bill entitled "An act to amend the act entitled 'An act to establish free schools in the village of Sing Sing, passed April 15, 1854," and the act amendatory thereof, entitled "An act to amend the act entitled "An act to estabtish free schools in the village of Sing Sing, passed April 15, 1854, passed April 10, 1857, 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:

“An act to revise the charter of the village of Binghamton."

Mr. Spinola, from the committee on the internal affairs of towns and counties, to which was referred the bill entitled "An act to amend an act entitled 'An act for the incorporation of associations for improving the breed of horses, passed April 15, 1854, and to repeal the amendments, passed April 15, 1857, to the 5th section of said act,” 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. J. A. Willard, from the committee on the internal affairs of

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towns and counties, to which was referred the petition of Silliman Mathews & Co., for a law to establish a ferry between the city of Troy and the city of Albany, reported a bill entitled "An act to authorise John C. Bard to establish and continue a ferry from the city of Troy across the Hudson river to the city of Albany," 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. Williams, from the committee on roads and bridges, to which was referred the petition of town officers of Dickinson, for a modification of an act laying out road through said town, reported a bill entitled "An act amending an act to provide for the laying out and construction of a road from Dickinson Centre south through Townships numbers 10, 13, 16, 19, 22 and 25, in the county of Franklin, passed April 17, 1854," which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

A message from the Governor was received and read, in the words following:

STATE OF NEW YORK :
EXECUTIVE DEPARTMENT,

ALBANY, March 2, 1859. S To the Senate:

In compliance with the request of your Honorable body, contained in a resolution passed this day, I return herewith the bill entitled "An act to extend the time for the collection of taxes."

E. D. MORGAN. Ordered, That said bill be referred to the committee on the incorporation of cities and villages

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

"An act to expedite the canvass of votes for Senator in the 29th Senate district of this State, at a special election to be held in said district, on Tuesday, the 15th day of March, 1859, under the proclamation by the Governor," 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 amend an act entitled "An act to extend the exemption of household furniture and working tools from distress for rent, and sale under execution, passed April 11, 1842, 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 equalize the State tax between the several counties in this State," 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 regulate the collection of taxes in the town of Watervleit, in the county of Albany, and for other purposes," which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Johnson, and by unanimous consent, the rules

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were suspended and said bill referred to the committee on the internal affairs of towns and counties, with power to report the same complete.

Mr. Mather gave notice that he would, at an early day, ask leave to introduce a bill in relation to the assistant clerks in the police courts of the city of New York.

Mr. Pratt gave notice that he would, at an early day, ask leave to introduce a bill in regard to exemptions on piank and turnpike roads.

Mr. John D. Willard gave notice that he would, at an early day, ask leave to introduce a bill to amend the 237th section of the Code of Procedure, in relation to proceedings by attachment.

By unanimous consent, Mr. Mather asked and obtained leave to introduce a bill entitled "An act in relation to the duties of the assistant clerks in the police courts 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 the incorporation of cities and villages.

By unanimous consent, Mr. Ames offered the following:

Resolved, That the committee on public buildings, which have been and are now engaged in the investigation of the lobby abuses, and the select committee investigating charges made by the Senator from the 9th, be required to report to the Senate to-morrow, the result of their labors, so far as they have progressed.

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

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Burhans
Diven
Johnson

Laflin
Mandeville
Mather

Paterson
Pratt
Scott

Sloan

0. B. Wheeler Spinola John D. Willard

13 When the name of Mr. Darling was called, that gentleman asked to be excused from yoting.

The President put the question whether the Senate would agree to excuse Mr. Darling, and it was decided in the affirmative.

When the names of Messrs. Diven and Johnson were called, those gentlemen asked to be excused from voting.

The President put the question whether the Senate would agree to excuse those gentlemen, and it was decided in the negative.

When the names of Messrs. Loveland and Scott were called, those gentlemen asked to be excused from voting.

The President put the question whether the Senate would agree to excuse those gentlemen, and it was decided in the negative.

Mr. W. A. Wheeler moved to reconsider the vote rejecting the resolution, as offered by Mr. Ames.

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

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