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hundred and eighty dollars and seventy-eight cents," and inserting the words three hundred and twenty-one dollars and forty-four cents, and the question, being taken thercon, was decided in the negative.

Mr. Converse moved to amend sai i bill by striking out the words " the non-intercourse act of eighteen hundred and twelve," and inserting the following words: "making an illegal defence in the suit brought against him in the state of New York by Phelps and Ladd ;" an 1 the question being taken, was decided in the negative.

Mr. Kittredge moved that said bill be amended by striking out the words "being for losses by him sustained, in consequence of the nonintercourse law of eighteen hundred and twelve," and inserting the following:

"Being for expenses incurred by him in defending a suit brought against him in the state of New York by Phelps & Ladd, and arising under the non-intercourse act of this state, passed in 1812."

And the question, being put on said amendment, was decided in the negative.

The question was then stated from the chair, Shall the bill be read the third time? and on this question, the yeas and nays, having been required by Mr. Converse, were taken and were as follows:

Those who voted in the affirmative are,

Messrs. Adams, Bowen, Burgess, Chandler, Cobb, Curtis, Egerton, Foster, Goodwin, Hemenway, Holmes, Hoyt, Jones, Kittredge, Lawrence, McMillan, Noble, Simonds, Swift, Townsley, Waterman-21. Those who voted in the negative are,

Messrs. Converse, Edson, Harvey, Jenness, Pierpoint, Robinson-6. The bill was then read the third time and passed.

Mr. Townsley, from the committee to whom was referred the seventyseventh chapter of the revised statutes, reported the same without amendment, and the said chapter was read the third time and passed. Chapter 30 of the revised statutes, was read the third time and paɛs

ed.

A message from the House of Representatives by Mr. Buck, assistant clerk:

MR. PRESIDENT: The House of Representatives have passed bills of the following titles:

(H. 63.) "An act to revive a tax on the lands in Granville."

(H. 46.) "An act to repeal an act incorporating the village of Woodstock."

(H. 86.) "An act altering the name of Marion Lovely."

In which they ask the concurrence of the Senate.

The Senate resumed the consideration of the resolution for the appointment of a committee to visit the state prison, stated on the journa! of the 24th instant, and the question Will the Senate concur in the passage of said resolution? being taken was decided in the negative.

The Senate adjourned.

AFTERNOON.

The following bills from the House of Representatives were sev erally read the first and second time, and committed, as follows:

(H. 63.) "An act to revive a tax on the lands in Granville," was referred to the land tax committee.

(H. 46.) "An act to repeal an act entitled an act to incorporate the village of Woodstock,' was referred to a select committee of three to be appointed by the chair.

And thereupon the President appointed as such committee, Mr. Adams, Mr. Tracy and Mr. Edson.

(H. 86.) "An act altering the name of Marion Lovely," was referred to a select committee consisting of Mr. Lawrence, Mr. Townsley and Mr. Burgess.

On motion of Mr. Kittredge, leave of absence was granted to him from the service of the Senate, from and after Monday next.

(S. 7.) Mr. Kittredge, from the committee on banks, to whom was referred a bill entitled "an act to authorize the business of banking," reported the same without amendment.

On motion of Mr. Cobb,

Ordered, That said bill be laid on the table.

(S. 5.) Mr. Kittredge, from the committee on banks, to whom was referred a bill entitled "an act to incorporate the president, directors, and company of the Bank of Brandon," reported the same without amendment.

On motion of Mr. Noble,

Ordered, That said bill be laid on the table.

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

Chapter 84," Of inquest of the dead," and

Chapter 85,"Of public lands,'

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Were referred to Messrs. Good win, Simonds and Jenness.

Chapter 87, "Of the preservation of public health,"

Was referred to Messrs. Swift, Edson and Eaton.

Chapter 88, "Of pounds, estrays and lost goods," and

Chapter 89, "Of fences and fence viewers,

Were referred to the committee on agriculture.

Chapter 90, "Of the preservation of game and the destruction of noxious animals,"

Was referred to Messrs. Lawrence, Townsley and Burgess.

Chapter 91, "Of the preservation of sheep,"

Was referred to Messrs. McMillan, Kittredge and Curtis.

Chapter 80," On banks,”

Was referred to the committee on banks.

Chapter 104, "Of the state prison,"

Was referred to Messrs. Pierpoint, Cobb and Converse.

On motion of Mr. Pierpoint, the votes ordering to be read a third time and passing chapter 30 of the revised statutes, were reconsidered, and the said chapter, entitled "Of replevin," was considered by the Senate as in committee of the whole; and no amendments being made, the chapter was reported to the Senate, and was read the third time and passed.

The Senate adjourned,

FRIDAY, NOV. 1, 1839.

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

MR. PRESIDENT: The House of Representatives have passed bills of the following titles, in which they ask the concurrence of the Senate, viz:

(H. 1.) "An act to pay Augustine Clarke the sum therein mentioned." (H. 88.) "An act to pay Cephas Bailey the sum therein mentioned." (H. 89.) "An act for the relief of Samuel Simmons."

(H. 90.) "An act to pay Kiah Bailey the sum therein mentioned."

The said several bills were read the first and second time and referred as follows:

(H. 1.) "An act to pay Augustine Clarke the sum therein mentioned," and

(H. 89.) An act for the relief of Samuel Simmons,"

Were referred to the committee on claims.

(H. 88.) "An act to pay Cephas Bailey the sum therein mentioned," and

(H. 90.) "An act to pay Kiah Bailey the sum therein mentioned," Were referred to the committee on military affairs.

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

Chapter 103, "Of county jails and the confinement and discharge of prisoners,'

Was referred to Messrs. Cobb, Chandler and Foster.

Chapter 105,"Of the collection and disposition of fines, costs and recognizances in criminal cases,"

Was referred to Messrs. McMillan, Kittredge and Curtis,

Chapter 106, "Of restricting costs,"

Was referred Messrs. Kittredge, Jones and Curtis.

Mr. Tracy, from the committee to whom was referred the seventysixth chapter of the revised statutes, reported the same with amendinents. On motion of Mr. Pierpoint,

Ordered, That said chapter and amendments be laid on the table.

On motion of Mr. Simonds, leave of absence from the service of the Senate was granted to him after this week.

The Senate adjourned.

AFTERNOON.

The following communications were received from His Excellency the Governor :

To the Senate:

I would inform the honorable Senate that a vacancy has occurred in the office of Major General in the third division of the militia of this state, by the actual removal of Major General Francis E. Phelps; and that a vacancy has also occurred in the office of Brigadier General of the 3d Brigade and 3d Division, by the resignation and discharge of Brigadier General Jacob Washburn, and Brigadier General Pardon T. • Kimball. supernumerary.

Executive Chamber, Nov. 1, 1839.

To the Senate:

S. H. JENISON.

I have the honor to make known to the honorable Senate that John Walker, Esq., who was elected one of the commissioners of jail delivery for the county of Lamoille, for tl.e ensuing year, declines accepting the office.

Executive Chamber, Nov. 1, 1859.

S, H. JENISON.

(H. 89.) Mr. Cobb, from the committee on claims, to whom was referred a bill entitled "an act for the relief of Samuel Simmons," reported the same without amendment, and the said bill was read the third time and passed.

Mr. Kittredge, from the committee to whom was referred the eightyninth chapter of the revised statutes, reported the same with amendments, and said chapter was considered by the Senate as in committee of the whole and amended.

On motion of Mr. Cobb,

Ordered, That said chapter be laid on the table.

Mr. Kittredge, from the committee to whom was referred the eightythird chapter of the revised statutes, reported the same with amendments, and the said chapter was considered by the Senate as in committee of the whole, and the amendments proposed by the committee were rejected.

On motion of Mr. Kittredge,

Ordered, That said chapter be recommitted to the committee which reported the bill.

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

MR. PRESIDENT: The House of Representatives concur with the Senate in passing the following chapters of the revised statutes, viz ·

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Chapter 72,

(H. 63.) Mr. Hemenway, from the committee to whom was referred a bill entitled "an act to revive a tax on the lands in Granville," reported the same without amendment, and the said bill was read the third time and passed.

The Senate adjourned.

SATURDAY, Nov. 1, 1839.

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

MR. PRESIDENT: The House of Representatives concur in passing the following chapters of the revised statutes, viz:

Chapter 38.

Chapter 53.

Chapter 67.

The House concur with the Senate in passing the thirty-fourth, fortieth and sixty-third chapters of the revised statutes, with proposals of amendment.

The said thirty-fourth chapter was taken up, and the amendment proposed thereto by the House of Representatives, was read.

On motion of Mr. Pierpoint,

Ordered, That said chapter be laid on the table.

The said fortieth chapter was taken up, and the amendment proposed by the House of Representatives, was read and concurred in.

The said sixty-third chapter was taken under consideration, and the amendment proposed by the House of Representatives, being read, the question, Will the Senate concur in said amendment? being taken, was decided in the negative.

Mr. Jones, from the committee to whom was referred the one hundred and sixth chapter of the revised statutes, reported the same without amendment, and said chapter was read the third time and passed.

Mr. Lawrence, from the committee to whom was referred the ninetieth chapter of the revised statutes, reported the same without amendment. On motion of Mr. Pierpoint,

Ordered, That said chapter be laid on the table.

Mr. Kittredge, from the committee to whom was referred the one hundred and fifth chapter of the revised statutes, reported the same without amendment, and it was read the third time and passed.

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