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It was

Mr. Servant proposed the amendment offered and withdrawn by Mr. Reilley,

Which was decided in the negative,
Ayes 7, noes 28.
Those voting in the affirmative are-

Messrs. Browning, Butler, Edwards, Servant, Thomas, Vance, and Whiteside of Pope.

In the negative,

Messrs. Allen, of Greene, Allen of McLean, Borough, Craig, Hack., elton, Hacker, Hamlin, Herndon, Lane, Maxwell, McLaughlin, Mills, Mitchel!, Murray, Noel, Owen, Parker, Parrish, Pruyne, Reilley, Ross, Stadden, Turney, Warren, Weatherford, Wight, Wood, and Mr. Speaker The question recurring upon the amendments proposed to the bill,

cided in the affirmative Ayes 21, noes 16. Those voting in the affirmative are

Messrs. Allen, of Greene, Bond, Borough, Craig, Hackelton, Hrendon, M'Laughlin, Murray, Noel, O'Rear,Owen, Parker, Parrish, Pruyne, Reilley, Ross, Stadden, Turney Warren, Weatherford, and Wight.

In the negative

Messrs. Allen, of McLean, Browning, Butler, Edwards, Hacker, Hamlin, Lane, Maxwell, Mills, Mitchell, Servant, Thomas, Vance, Whiteside, of Pope, Wood and Mr. Speaker.

Mr. Maxwell, moved to amend the bill by striking out so much thereof as relates to Surrogates and Judges of Probate,

Which was decided in the negative-
Ayes 15, noes 21.
These voting ir the affirmative arca

Messrs. Allen, of McLean, Browning, Butler, Edwards, Hacker, Hamlin, Lane, Maxwell, Mills, Mitchell, Servant, Vance, Whiteside, of Pope, Wood and Mr. Speaker.

In the negative

Messrs. Allen, of Greene, Bond, Borrough, Craig, Hackelion, Herndon, McLaughlin, Murray, Noel, O Rear, Owen, Parker, Pruyne, Reilley, Ross, Stadden, Thomas, Turney, Warren, Weatherford, and Wight.

Mr. Parker moved that the bill be referred to a select committee,
Which was not agreed to.
On motion of Mr. Weatherford,
The bill was referred to a select committee of five.

Ordered, That Messrs. Weatherford, Ross, Hacker, Browning and Turney he that committee.

Mr. Maxwell moved the adoption of the following resolution viz:

Resolved, That the Public Printer be required to print 500 copies of the bill for an act for the distribution of the School ana Seminary Fund among the several counties of this State, and io provide for the application of the interest to Common Schools and for other purposes.

This day laid on the table, and
Ordered, To be printed;
Which lies one day on the table.
On motion,
The Senate adjourned.

Friday, January 27, 1837. The Senate met pursuant to adjournment.

Mr. Weatherford introduced the petition of James Hobbs of Morgan county praying the passage of a law changing the name of a certain person therein named,

Which was, on his motion,
Referred to a select committee.

Mr. Browning, from the committee on the judiciary which was instructed by resolution to inquire into the expediency of amending the probate law,

Reported said' resolution back, and

Ordered, That Messrs. Weatherford, O Rear, and Browning be that committee.

Asked to be discharged from the further consideration of the subject.

Which was done.

Mr. Turney, from the committee on the judiciary, to which was referred the bill from the House of Representatives for forming an additional judicial district,

Reported said bill back with an amendment
Which was read, and concurred in.
Ordered That the bill be read a third time as amended.
Mr. Pruyne moved

That the rule of the Senate be dispensed with, and the bill read a third time now by its title,

Which was not agreed to.

Mr. Turney, from the committee on the judiciary to which had been referred the engrossed bill providing for the payment of contractors on the Michigan and Illinois canal,

Reported the same back with an amendment,
Which was read, and
On motion of Mr. Hackelton,
Amended by inserting the word March,' after the word “February,'
The question then recurring upon the amendment as amended,
It was decided in the affirmative.

On motion of Mr. Browning,

The bill was further amended by adding thereto the following provi50, viz:

Provided, That the payments to be made under the provisions of this bill shall not exceed the sum of fifteen thousand dollars.

Mr. Maxwell moved

Further to amend the bill by adding thereto the following proviso, viz:

Provided Further that nothing herein contained shall authorize said engineer to act as commissioner, if canal commissioners should be ap. pointed, and enter upon the discharge of their duties during said time;" and

On motion of Mr. Weatherford,
The bill and proposed amendment were
Referred to a select committee.

Ordered, That Messrs. Weatherford, Hackelton, and Pruyne be
that committee.
Mr. Hackelion, from the committee on enrolled bills,
Reported as correctly enrolled bills of the following litles, viz:

“An act to review and re-locate a state road from opposite Naples to Centerville in Adams county;"

"An act to amend an act relating to the Gallatin Saline, and the lands belonging to the same-approved Jan. 16, 1836;"

"An act 10 vacate part of a stale road therein named;"
"An act to incorporate the Kaskaskia Bridge Company;"

"An act to locate a state road from Shelbyville in Shelby county to the county line of Fayette county;" and

"An act declaring a road therein named a state road."

Mr. Weatherford, from the select committee of five to which bad been referred the bill from the House of Representatives providing for the election of clerks of County Commissioners' Courts, and other officers,

Reported said bill back with an amendment,
Which was read, and thereupon
Mr. Mitchell moved

That the further consideration of said bill and proposed amendments be indefinitely postponed, .

Which was decided in the negative,
Ayes 11, noes 26.
Those voting in the affirmative are-

Messrs. Allen, of McLean, Bond, Browning, Edwards, Hamlin, Lane, Mitchell, Murray, O‘Rear, Thomas, and Vance.

In the negative

Messrs. Allen, of Greene, Borrough, Butler, Craig, (Hackelton, Hacker, Herndon, Maxwell, NicLaughlin, Mills, Noel, Owen, Parker, Parrish, Pruyne, Reilley, Ross, Servant, Stadden, Turney, Warren, Wcatherford, Whiteside, of Moproe, Whiteside, of Pope, Wight, and

Wood,

On motion of Mr. Browning,

The proposed amendment was amended by striking out of the first section the word “second,' and inserting in lieu thereof the word 'fourth,' and by striking out of the same section the word 'two,' and inserting the word 'four' in lieu thereof. Mr. Servant moved

That the proposed amendment be further amended by striking out so much thereof as relates to county treasurers,

Which was not agreed to.
Mr. OʻRear moved

Further to amend the proposed amendment by adding to the first section thereof the following proviso, viz:

Provided, That no person shall be eligible to the office of Clerk until he shall have obtained from some circuit judge of this state a certifi. cate of his qualifications,

Which was decided in the negative,
Ayes 7, noes 29.
Those voting in the affirmative are-

Messrs. Allen, of McLean, Browning, Hamlin, OʻRear, Thomas, Vance, and Wight.

In the regativeMessrs. Allen, of Greene, Bond, Borrough, Butler, Craig, Edwards, Hacker, Herndon, Lane, Maxwell, McLaughlin, Mills, Mitchell, Mur. ray, Noel, Owen, Parker, Parrish, Pruyne, Reilley, Ross, Servant, Siadden, Turney, Warren, Weatherford, Whiteside, of Monroe, White. side, of Pope, and Wood. Mr. Reilley moved

Further to amend the proposed amendment by adding the following thereto as an additional section, viz:

“That the office of justice of the peace is hereby declared incompatible with the office of Clerk of the Circuit Court, and Clerks of Commissioners' Courts,"

Which was decided in the negative, Ayes 7, noes 30. Those voting in the affirmative areMessrs. Allen of McLean, Bond, Hamlin, OʻRear, Reilley, Servant, and Thomas.

In the negativeMessrs. Allen, of Greene, Borrough, Browning, Butler, Craig, Edwards, Hackelton, Hacker, Herndon, Lane, Maxwell, McLaughlin, Mills, Mitchell, Murray, Noel, Owen, Parker, Parrish, Pruyne, Ross, Sladden, Tuiney, Vance, Warren, Weatherford, Whiteside of Mon. roe, Whiteside, of Pope, Wight, and Wood. On motion of Mr. Hacker,

The proposed amendment was further amended by adding to the 4th section the following proviso, viz:

Provided, That the court may, for good cause, to be spread upon the.

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record, remove the clerk and appoint another, who shall continue in office until his successor shall be elected and qualified,"

The ayes and noes being called for on this question,
Those voting in the affirmative a re-

Messrs. Allen, of McLean, Allen, of Greene, Bond, Borrough. Browning, Butler, Craig, Edwards, Hackelton, Ilacker, Hamlin, Lane, Maxwell, McLaughlin, Mills, Mitchell, Murray, Noel, OʻRear, Owen, Parker, Parrish, Pruyne, Reilley, Ross, Servant, Stadden, Thomas, Turney, Vance, Warren, Weatherford, Whiteside, of Monroe, Whiteside, of Pope, Wight, and Wood-34.

Mr. Herndon voted in the negative--1.
On motion of Mr. Owen,

The proposed amendment was further amended by adding to the 4th section the following proviso, viz:

Provided, That if the County Commissioners' Court, on settlement with the County Treasurer at any time, shall find him in default, they shall have power to remove said treasurer from office, and appoint another in his stead."

The question recurring upon adopting the proposed amendment as amended,

It was decided in the affirmative,
Ayes 30, noes 6.
Those voting in the affirmative are--

Messrs. Allen, of Greene, Allen, of McLean, Bond, Borrough, Browning, Butler, Craig, Hackelton, Hacker, Herndon, Lanè, Max well, McLaughlin, Mills, Murray, Noel, Owen, Parker, Parrish, Pruyne, Reilley, Ross, Servant, Stadden, Turney, Warren, Weatherford, Whiteside, of Pope, Wight, and Wood.

In the negative
Messrs. Edwards, Hamlin, Mitchell, OʻRear, Thomas, and Vance.
On motion of Mr. llacker,
The bill was then referred to a select committee.

Ordered, That Messrs. Flacker, Turney, and Parrish be that com. mittee. Mr. Craig, on leave given, introduced a bill entitled

act to incorporate the Hillsborough academy,"
Which was read, and
Ordered To a second reading.
Mr. Butler, on leave given, introduced a bill entitled

"An act to amend an act entitled an act to create and organize the counties therein named,"

Which was read, and
Ordered to a second reading.
On motion of Mr. Butler,
The rule of the Senate was dispensed with, and
Said bill was read a second time by its title, and
Referred to the committee on the judiciary.

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