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Mr. Converse, from the committee on the judiciary, to whom waз referred the twenty-sixth chapter of the revised statutes, reported the same with amendments, which were adopted ;-and the said chapter, having been further amended, was read the third time and passed.

On motion of Mr. Robinson,

The Senate adjourned.

AFTERNOON,

Mr. Jones, from the committee on bills, reported that said committee had this day delivered to the Governor for his approval and signature, bills of the following titles, viz:

(H. 10.) "An act repealing an act therein mentioned."

(H. 48.) "An act laying a tax on the lands in Hydepark."

(H. 52.) "An act in addition to an act entitled an act laying a tax on the lands in the town of Chittenden in the county of Rutland,' approved November third, one thousand eight hundred and thirty-six.”

(H. 47.) Mr. Marsh, from the committee on land taxes, to whom was referred a bill from the House of Representatives entitled "an act laying a tax on lands in Greensboro'," reported the same without amendment, and it was read the third time and passed.

Mr. Robinson, from the committee on the judiciary, to whom was referred the sixteenth chapter of the revised statutes, reported the same without amendment, and the said chapter was read the third time and passed.

Mr. Pierpoint called up the twenty-fifth chapter of the revised statutes, and it was read the third time and passed.

On motion of Mr. Pierpoint, the Senate took under consideration the twenty-fourth chapter of the revised statutes, and the said chapter was read the third time and passed.

Chapter 27 of the revised statutes, entitled "Of the common law," was read the first and and second time.

Ordered, That said chapter be read the third time to-morrow morning.

The following chapters of the revised statutes were severally read the first and second time and committed:

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Chapter 29," Of trustee proceedings," and

Chapter 34," Of offsets,"

Were severally referred to the committee on the judiciary.

Chapter 86, "Of land taxes,"

Was referred to the committee on land taxes.

Mr. Cobb presented the petition of Smith Stevens and others, on the subject of capital punishment, which was referred to the committee on the judiciary.

The Senate adjourned.

THURSDAY, OCT. 24, 1839.

Chapter 27 of the revised statutes was read the third time and passed.

(S. 8.) Mr. Bowen introduced a bill entitled "an act in addition to the everal acts relating to the state prison."

Which was read the first and second time.

On motion of Mr. Bowen,

Ordered, That said bill be referred to a select committee of three, to be fappointed by the chair; and, thereupon, the Fresident appointed as such committee, Messrs. Bowen, Burgess and Holmes.

Mr. Robinson, from the committee on the judiciary, to whom was referred a communication from the Executive of the state of New York, on the subject of an act to authorize the detention of fugitives from justice, reported that the provisions of the revised statutes supercede" the necessity of legislation on the subject.

Mr. Eaton, from the committee on education, to whom was referred the eighteenth chapter of the revised statutes, reported the same with an amendment, which was adopted.

On motion of Mr. Hemenway,

Ordered, That said chapter be laid on the table.

A message from the House of Representatives, by Mr. Merrill, their clerk:

MR. PRESIDENT: The House of Representatives have passed a resolution relating to the appointment of a committee to visit the State Prison-and a bill (H. 54) entitled "an act for the relief of Gershon Conger," in which they ask the concurrence of the Senate. The House Concur with the Senate in passing the twelfth chapter of the revised statutes. They also concur with the Senate in passing the first and second chapters of the revised statutes, with certain proposals of amendment, in which they ask the concurrence of the Senate.

The said resolution from the House of Representatives was taken up and read, as follows:

Resolved, by the Senate and House of Representatives, That Timothy Foster of Swanton, A. B. W. Tenney of Newbury, and Leonard Sargeant of Manchester be, and they are hereby appointed a committee, whose duty it shall be to repair to the State Prison on or before the 25th day of September next, to examine the situation of the Prison buildings, and ascertain the expediency or necessity of any alterations thereto, and if found expedient or necessary, to prepare a plan or plans of such alterations or additions, together with an estimate of the probable expence of the same. Also, to settle with the superintendent of the prison, examine and appraise the property remaining on hand, and make report of their doings, at an early day of the next session of the legislature.

On motion of Mr. Townsley,

Ordered, That said resolution be laid on the table.

(H. 54.) A bill from the House of Representatives entitled "an act for the relief of Gershom Conger," was read the first and second time, and referred to the committee on military affairs.

F

The amendments proposed by the House of Representatives to the first and second chapters of the revised statutes were severally read and concurred in.

Mr. Eaton, from the committee on education, to whom was referred a communication from the American Antiquarian Society, reported the following resolution:

Resolved, by the Senate and House of Representatives, That the Secretary of State, the Secretary of the Senate and the Clerk of the House of Representatives be directed to furnish to the order of the president or librarian of the American Antiquarian Society, for the use of said society, one copy of the reports of the decisions of the supreme court, one copy of all the bound volumes of the laws and documents of the legislature or of either house, and two copies of all such laws and documents not bound, as have been or may hereafter be printed, which have not already been furnished to said society,-provided, that in all cases, a sufficient number be reserved for the use of the state. Which was read and passed.

Mr. Converse, from the committee on the judiciary, to whom was referred the thirty-fourth chapter of the revised statutes, reported the same with an amendment, which was adopted, and said chapter, having been further amended, was ordered to be engrossed and read the third time.

The following chapters of the revised statutes were severally read the first and second time and committed, as follows:

Chapter 30, "Of Replevin,"

Was referred to Messrs. Lawrence, Townsley and Burgess.

Chapter S1, "Of depositions and witnesses," and

Chapter 32, "Of juries,"

Were referred to Messrs. Cobb, Chandler and Foster.

Chapter 33, " Of new trials," and

Chapter 35, "Of ejectmen','

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Were referred to Messrs. McMillan, Kittredge and Curtis.

Chapter 36, "Of account,”

Chapter 37, "Of writs of error and audita querela," and

Chapter 38, "Of habeas corpus,"

Were referred Messrs. Kittredge, Jones and Curtis.

The Senate adjourned.

AFTERNOON.

Mr. Cobb, from the committee to whom was referred the thirtysecond chapter of the revised statutes, reported the same without amendment.

Ordered, That said chapter be read the third time to-morrow morning.

Chapter 34 of the revised statutes, having been engrossed, was read the third time and passed.

Mr. Kittredge, from the committee to whom was referred the thirtysixth chapter of the revised statu'es, reported the same without amend

ment.

Ordered, That said chapter be read the third time to morrow morning.

Mr. Kittredge, from the committee to whom was referred the thirtyseventh chapter of the revised statutes, reported the same without amendment.

Ordered, That said chapter be read the third tine to-morrow morning.

Mr. Kittredge, from the committee to whom was referred the thirtyeighth chapter of the revised s'atutes, reported the same without amendment.

Ordered, That said chapter he read the third time to-morrow mor ning.

A message from the House of Representatives, by Mr. Merrill, their clerk:

MR. PRESIDENT: The House of Representatives have passed a bill (H. 73) entitled "an act annexing part of the town of Orwell to the town of Whiting," and a resolution for the purchase of maps, in which they ask the concurrence of the Senate.

(H. 73.) The said bill from the House of Representatives entitled an act annexing part of the town of Orwell to the town of Whiting,” was read the first and second time.

Ordered, That said bill be referred to the senators from the counties of Rutland and Addison.

The said resolution is as follows:

Resolved, by the Senate and House of Representatives, That the Secretary of State he directed to purchase five copies of Hutchinson's map of this state, for the use of the state.

On motion of Mr. Egerton,

Ordered, That said resolution be laid on the table.

Mr. Cobb, from the committee to whom was referred the thirty-first chapter of the revised statutes, reported the same without amendment, and the said chapter was read the third time and passed.

The following chapters of the revised statutes were severally read the first and second time and committed as follows:

Chapter 39,"Of the forfeiture of grants,"

Was referred to Messrs. Kittredge, McMillan and Curt's.
Chapter 40, "Of the partition of real estate,"

Was referred to Messrs. Noble, Hoyt and Jenness.

Mr. Robinson, from the committee on the judiciary, to whom was referred the twenty-eighth chapter of the revised statutes, reported the same with an amendment in the sixty-third section, which section is as follows:

"SEC. 63. No person shall be arrested or imprisoned by virtue of any mesne process which shall issue on an action founded on a contrac!, exress or implied, made or entered into after the first day of January in thaneand eight hundred and thirty-nine

nor by virt

an execution issued on a judgment recovered in an action founded on any such contract."

The committee propose to amend said section, by inserting after the word person, in the first line, the following words: "who is a resident citizen of this state."

On the question, Will the Senate concur with the committee, and adopt said amendment?

The yeas and nays, having been required by Mr. Jenness, were taken, and were as follows, viz:

Those who voted in the affirmative are:

Messrs. Adams, Bowen, Burgess, Chandler, Cobb, Converse, Curtis, Eaton, Edson, Foster, Goodwin, Hemenway, Holmes, Hoyt, Jones, Kittredge, Lawrence, Marsh, Pierpoint, Robinson, Simonds, Townsley, Tracy and Waterman-24.

Those who voted in the negative are:

Messrs. Egerton, Jenness, Noble and Swift -4.

So it was determined in the affirmative, and the amendment was adopted.

Mr. Swift moved that said chapter be laid on the table.

And the question, being taken thereon, was decided in the negative. Mr. Tracy moved that the said sixty-third section be stricken out, and on this question,

The yeas and nays having been required by Mr. Lawrence, were taken and were as follows:

Those who voted in the affirmative are:

Messrs. Bowen, Chandler, Converse, Egerton, Edson, Kittredge, Simonds, Townsley and Tracy--9.

Those who voted in the negative are:

Messrs. Adams, Burgess, Cobb, Curtis, Eaton, Foster, Goodwin, Hemenway, Holmes, Hoyt, Jenness, Jones, Lawrence, Marsh, Noble, Pierpoint, Robinson, Swift and Waterman -19.

So it was determined in the negative.

The said twenty-eighth chapter was then read the third time and pas

sed.

(H. 4.) Mr. Jones, from the committee on bills, reported that the committee have this day delivered to the Governor a bill entitled "an act laying a tax on lands in Greensboro":"

Chapter 41 of the revised statutes, entitled "Of forcible entry and detainer," was read the first and second time, and referred to Messrs. Cobb, Chandler and Foster.

On motion of Mr. Bowen,

The Senate adjourned.

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