IN ASSEMBLY.

WEDNESDAY, January 16, 1856.

House met pursuant to adjournment.

Speaker in the chair.

Roll called and the following members were absent:

Messrs. George and Oxley.

Journal was read and approved.

Mr. Oliver introduced a bill for an Act amending an Act entitled an Act concerning Notaries Public, passed April 30, 1853.

Read first and second time, and referred to Judiciary Committee.

Mr. Castro gave notice of a bill amending an Act concerning Crimes and Punishments, passed April 16, 1850.

Mr. Sharp gave notice of a bill for an Act amendatory of an Act entitled an Act to exempt the Homestead and other Property from forced sale in certain cases, passed April 21, 1851, providing for the registry of homesteads.

Mr. Dustin gave notice of a bill for an Act proposing an amendment to the Constitution of the State of California, relative to the Jurisdiction of Justices of the Peace in civil cases.

Mr. Stout gave notice of a bill to change the name of Abijah Washburn Hough to Andrew Watson Hough.

Also, a bill for an Act to amend an Act to create a Board of Supervisors in the Counties of this State, and to define their duties and powers, passed March 20, 1855.

Also a bill to amend an Act entitled an Act in relation to Personal Mortgages in certain cases, passed May 11, 1853.

Mr. Weir gave notice of a bill for the protection of Settlers and Miners.

Mr. Taliaferro gave notice of a bill for an Act to provide for separating the Overflowed or Swamp Lands of this State from the Lands of the General Government.

Mr. White gave notice of a bill for an Act to amend section 17 of an Act en

titled an Act defining the time for commencing Civil Actions, passed April 22, 1850.

Mr. Brunton gave notice of a bill to amend the present law concerning the collection of Licenses of Merchants and business men, so that the Sheriff of Tuolumne county shall be Collector of such license tax therein.

Mr. Hunter gave notice of a bill for an Act entitled an Act for the Protectien of Settlers on. Mexican grants.

Mr. Lamon gave notice of a bill to authorize the Board of Supervisors of Mariposa County to levy a special tax for certain purposes.

Mr. Gaston gave notice of a bill to except Mining Claims from execution in certain instances.

Mr. Curtis gave notice of a bill to provide against and repeal the Act permitting Married Women to do business under the pretext of an individual capital of five thousand dollars.

Mr. Bowe gave notice of a bill for an Act to amend an Act to discourage the Immigration to this State of Persons who cannot become Citizens thereof, approved April 28, 1855.

Mr. McFarland gave notice of a bill to amend an Act entitled an Act to regulate Elections, passed March 23, 1850.

Mr. Stephenson from the Committee on Accounts and Expenditures, made the following report, with accompanying documents:

Mr. Speaker:

The Committee on Accounts and Expenditures, having had under consideration the subject of Mail and Express matter, would respectfully report, and recommend that the entire matter be sent through the United States mail.

POST OFFICE, SACRAMENTO CITY, I
January 14, 1856.

To Select Committee of Senate on Postage:

GENTLEMEN

In reply to your communication, in relation to postage and communications to be received aud transmitted from this office for your body, I would say, that all required is, that the legal rates of postage shall be paid. But inasmuch as there is no money in the treasury, I will take the responsibility of receiving Controller's Warrants at the market value at the time of settlement, the first settlement to be made on the 15th of March next. If, at any time previous to

the aforesaid time of settlement, any money shall come into the treasury which can be used for the payment aforesaid, I should prefer to receive the money.

Very respectfully,

Your obedient servant,

F. FORMAN, P. M.

To the Committee on Accounts and Expenditures:

GENTLEMEN

We propose to receive and distribute any legislative matter, upon the same terms as proposed by Wells, Fargo & Co., and the Pacific Express Company, embodied in the report of Sergeant-at-Arms, read in the Assembly this day, and which you now have before you for your consideration.

Very respectfully,

LANGTON & CO.,

Langton's Pioneer Express.

January 15, 1856.

Mr. Stout moved that the report be read, and laid on the table temporarily.

Carried.

Mr. Oxley moved to take the following resolution from the table.

Agreed to.

Resolved, That from this date to the 10th day of February next, the hour of meeting of this House shall be 11 o'clock, A. M., unless otherwise especially ordered.

Mr. Rhodes moved the adoption of the resolution.

Mr. Sellick moved the indefinite postponement of the subject.

Upon which, Messrs. Stout, Sellick, and Hawes, demanded the ayes and noes, with the following result:

AYES.

Messrs. Andrews, Batchelder, Bell, Blackburn, Boring, Borland, Bowe, Brunton, Cartter, Cone, Davis, Dick, Dustin, Gage, Gaston, George, Haile, Hawes, Heald, Heiskell, Holland, Hoover, Hunter, Kelly, Lamon, Leihy, Mathews, Moulthorp, Oliver, Pugh, Rathburn, Reed, Ricks, Sellick, Shearer, Sterritt, Stout, Turner, Wagner, Weir, Welch, Williams-42.

NOES.

Messrs. Beatty, Brent, Brush, Bynum, Castro, Callbreath, Coombs, Covarrubias, Curtis, Downey, Ewalt, Gray, Hunt, Kendrick, Lewis, Lippincott, Mc Farland, McGehee, Meloney, Oxley, Pearson, Peck, Rhodes, Sherrard, Stephenson, Swan, Taliaferro, Taylor, Upton, Van Dusen, White, Winsor, Winston, Wohler and Mr. Speaker-35.

Carried.

Mr. Lamon gave notice that on to-morrow he would move a reconsideration of the vote just taken.

Mr Bell moved to take the following Resolution from the table.

Carried.

Resolved, by the Assembly, the Senate concurring, That a committee of four from the House and three from the Senate, be appointed a special committee to visit the State Prison to inquire into and report at as early a period as possible the condition and general management of the same, and that they be empowered to send for persons and papers to facilitate the object.

Mr. Bell moved to strike out all after the word Resolved.

Carried.

Mr. Weir moved to take from the table the following Resolution.

Carried.

Resolved, the Senate concurring, That the joint State Prison committee have full and complete power to send for persons and papers.

Mr. Dick moved to lay the resolution on the table.

Lost.

The question being upon the passage of the resolution, it was lost.

On motion, Mr. McDonald's name was added to the Committee on Indian Affairs.

On motion, Mr. Wohler's name was added to to the Committee on Commerce and Navigation and to the Committee on Corporations.

Mr. Brent moved to take up the special order of the day, being the resolution of instructions embracing the principles of the Kansas and Nebraska bill, which were introduced yesterday.

Mr. Williams moved that the resolutions be indefinitely postponed.

Pending the discussion Mr. Read moved the previous question.

Carried.

The ayes and noes were demanded.

The Chair decided that the previous question having been carried, that the call for the ayes and noes was not in order.

Mr. Beatty appealed from the decision of the chair.

The question being, "Shall the decision of the Chair stand as the decision of the House," Messrs. Beatty, Lippincott and Hawes demanded the ayes and noes, with the following result:

AYES.

Messrs, Andrews, Batchelder, Bell, Blackburn, Borland, Bowe, Cartter, Castro, Cone, Coombs, Curtis, Davis, Dick, Dustin, Gage, Gaston, Gray, Haile, Hawes, Heald, Heiskell, Holland, Hoover, Hunter, Kelly, Lamon, Leihy, Mathews, McDonald, McFarland, McGehee, Oxley, Peck, Pugh, Rathburn, Reed, Reynolds, Ricks, Sellick, Shearer, Stephenson, Sterritt, Stout, Taylor, Turner, Van Dusen, Wagner, Weir, Welch, White, Williams, Winsor, Winston, and Mr. Speaker-54.

NOES.

Messrs. Beatty, Boring, Brent, Brunton, Brush, Bynum, Callbreath, Covarrubias, Downey, Ewalt, George, Hunt, Kendrick, Lewis, Lippincott, Meloney, Moulthrop, Pearson, Rhodes, Sherrard, Swan, Taliaferro, and Wohler-24.

So the decision of the Chair was sustained.

The question recurring "Shall the main question be now put ?" was decided in the affirmative.

The question was then upon the indefinite postponement of the resolution.

Upon which Messrs. Beatty, Taliaferro, and Swan, demanded the ayes and noes, with the following result:

AYES.

Messrs. Andrews, Batchelder, Bell, Blackburn, Borland, Bowe, Brunton, Cartter, Cone, Coombs, Curtis, Davis, Dick, Dustin, Gage, Gaston, Gray, Haile, Hawes, Heald, Heiskell, Holland, Hoover, Hunter, Kelly, Lamon, Leihy, Mathews, McFarland, McGehee, Moulthrop, Oliver, Oxley, Peck, Pugh, Rathburn, Reed, Reynolds, Rhodes, Ricks, Sellick, Shearer, Stephenson, Sterritt, Stout, Taylor, Turner, Van Dusen, Wagner, Weir, Welch, White. Williams, Winston, Wohler, and Mr. Speaker-56.