was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

"An act to provide for the appointment of commissioners of deeds. in the town of Chateaugay, Franklin county," 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 authorizing the election of trustees and other officers in the village of Fonda," 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 for the relief of the contractor on section number 137 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.

"An act to authorize increased compensation to the contractors on section number 207 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.

"An act to authorize the Canal Board to hear and determing the claims of George W. Bullard for the loss of his canal boat," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act to amend the charter of the Sing Sing Savings Bank," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks.

An act in relation to the Bank Department," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks.

"An act further to amend the charter of the village of Dunkirk," 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 an act entitled 'An act to amend the several acts incorporating the village of Pulaski, in the county of Oswego,' passed April 19, 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 provide for the payment of certain moneys to George Cessford, father and heir at law of William Cessford, deceased," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on grievances. "An act for the relief of Zephaniah Barker, Orville N. Carlton, Bridget Galaper, Danvers Doubleday, John Miller, Charles Ferris, Seneca Hallock, Horace Dibble, William Henry, Michael Minton, Patrick McIntyre, James Powers, Benjamin Ferris, Reuben C. Oatman and Jacob Miller," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act to require the boards of supervisors of Erie and Chautauque counties, to raise moneys to pay for the construction of a

bridge across the Cattaraugus creek at Upper Irving, on the line between said counties," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

"An act in relation to tolls on the White's Corners and Buffalo plank road company," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges.

"An act to revive and extend an act to provide for the laying out and constructing a road from Parishville to Long Lake, passed March 23, 1853, and the several acts amendatory thereof," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on roads and bridges. "An act to increase the number of justices of the peace in the city of Oswego, and to regulate their election," 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 Talbot as 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 in relation to the 'Seneca Falls and Waterloo Gas Light company,' and to confirm the organization of said company," 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 relating to the special county judge of Chautauque co.," 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 for the relief of Stephen H. Keeler," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on claims.

"An act relating to historical collections and publications," 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 provide for the appointment of the Superintendent of Public Instruction as one of the trustees of the State Asylum for Idiots," 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 charter of the Poughkeepsie Mutual Insurance company," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance companies.

"An act to authorize the formation of a town insurance company in the counties of Albany and Greene," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on insurance companies.

"An act for ascertaining by proper proofs the citizens who shall be entitled to the right of suffrage, and to prevent fraudulent voting,"

which was read the first time, and by unanimous consent was also read the second time.

Mr. Johnson moved that said bill be referred to the committee of the whole, and be made the special order for Monday evening next, together with the bills reported by the select committee on that subject, and that the Assembly bill be printed.

Mr. John D. Willard moved to amend, by referring said bill to the select committee on the subject of a registry law.

The President put the question whether the Senate would agree to said amendment of Mr. John D. Willard, and it was decided in the negative.

Mr. Schell moved to amend the motion of Mr. Johnson by striking out "Monday evening" and inserting the words "5th of July." The President put the question whether the Senate would agree to said amendment of Mr. Schell, and it was decided in the negative. The President then put the question whether the Senate would agree to said motion of Mr. Johnson, and it was decided in the affirmative.

A message from the Assembly was received and read, informing that they had concurred in the passage of the following entitled bills, without amendment:

"An act to amend the charter of the village of Herkimer."

"An act in relation to the theatres in the city of New York."

"An act to consolidate and amend the several acts relating to the village of Sherburne, and to enlarge the powers of the corporation of said village."

"An act to amend and change the names of the Lisle and Forestburgh plank road company and the Mount Hope and Lumberland turnpike road company, and merge them into one."

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

A message from the Assembly was received and read, informing that they had again passed bill entitled "An act legalizing the conveyance of lands held by James Kemp, an alien, of Niagara county," two-thirds of all the members elected voting in favor thereof.

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

Mr. Mather moved to postpone the special order, being the bill entitled "An act to provide the means for the enlargement and completion of the canals of this State, specified in section 3, article 7 of the Constitution, for the fiscal year commencing October 1st, 1859, and for other purposes," for half an hour.

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

Mr. Foote, from the minority of the select committee to which was referred the bill entitied "An act to amend an act entitled 'An act to suppress intemperance, and to regulate the sale of intoxicating liquors,' passed April 16, 1857," reported in writing and by bill entitled "An act to prevent intemperance," which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

(See Doc. No. 93.)

Mr. Ely moved that said bill and the bill reported by the majority of the same select committee, be made the special order for Friday evening next, at 71 o'clock.

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 concurred in the passage of the bill entitled "An act to provide for payment of a deficiency in the revenue of the city of Brooklyn," with the following amendments.

Change the title so as to read as follows:

"An act to authorise the common council of the city of Brooklyn to raise money to pay existing liabilities against the said city, for expenses of local improvements in the late city and village of Williamsburgh, and to provide for the payment of a deficiency in the revenue of the city of Brooklyn."

Change the numbers of sections "one" and "two" to "four" and "five," respectively.

Insert the following as sections 1, 2 and 3:

Sec. 1. The Commissioners of the Sinking Fund of the city of Brooklyn, shall nominate, and the common council if they approve of the same, shall appoint three persons, who, in connection with said Commissioners of the Sinking Fund, are hereby authorized to adjust, compromise and settle all liabilities and claims now existing in favor of parties against the late village or city of Williamsburgh, for local improvements therein; said persons so appointed, shall receive no compensation for their services.

Sec. 2. The common council of the city of Brooklyn, are hereby authorized to issue bonds in amount not exceeding $100,000, in the name of the said city of Brooklyn, and on the faith and credit thereof, bearing interest not exceeding six per cent, payable half yearly, the principal payable in twenty years from the date of said bonds, and to sell the same; the faith, property and credit of the said city of Brooklyn are hereby pledged for the payment of the principal and interest of said bonds. The proceeds of the sale of said bonds shall be applied to the payment of existing liabilities, when adjusted and settled as mentioned in the first section of this act, against the said city of Brooklyn for the expenses of local improvements in the late village and city of Williamsburgh.

Sec. 3. The moneys collected and received from assessments for local improvements, authorized or commenced before the act of consolidation heretofore made and confirmed, and from assessments hereafter made and confirmed, shall be paid into a Sinking Fund, to meet the principal and interest on said bonds, and if the money so received shall be insufficient to pay one twentieth part of the whole amount of said bonds and the interest thereon annually, such deficiency shall be raised yearly by general tax to be levied upon that part of said city of Brooklyn embraced within the limits of the late city of Williamsburgh.

Mr. Spinola moved that the Senate concur in the amendments of the Assembly.

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

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amend

ments.

Mr. Loveland gave notice that he would, at an early day, ask leave to introduce a bill for the relief of Gertrude Doe.

By unanimous consent, Mr. Noxon asked and obtained leave to introduce a bill entitled "An act to authorize the laying of a railroad track in and through certain streets in the city of Syracuse,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

By unanimous consent, Mr. John D. Willard asked and obtained leave to introduce a bill entitled "An act relative to the construction and use of local railroads," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on railroads.

On motion of Mr. Mather,

Resolved, That the bill entitled "An act to confirm the official acts of John R. Timon as justice of the peace of Utica," be recommitted of the committee on the judiciary.

Mr. Mather offered a resolution embodying the protest of the 12 Senators, read on Wednesday, 16th inst., by Mr. Scott, in his place. The President decided that said resolution was not in order, being an attempt to do indirectly what the Senate directly had repeatedly decided not to do.

From this decision Mr. Mather appealed.

The President put the question "Shall the decision of the Chair stand as the judgment of the Senate?" and it was decided in the affirmative, as follows:

Mr. Laflin offered the following resolution: Resolved, That the select committee to which was referred the petition and papers of Henry C. Wetmore, claiming a seat in the Senate as Senator from the 11th Senatorial district, be discharged from the further consideration of the subject, and that the same be referred to the committee on privileges and elections, with instruc[SENATE JOURNAL.]

50

9