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HOUSE OF ASSEMBLY.

THURSDAY, February 16, 1854.

House met pursuant to adjournment,

The roll was called by the Clerk, and a quorum being present,
The Speaker announced the House ready to proceed to business.
The Journal of Wednesday was read and approved.

On motion, leave of absence was granted to Mr. French for one day; and Mr. Hunt for four days.

Mr. Hastings presented a petition from sundry citizens of Butte county, praying to be reattached to Sutter county.

Read, and referred to Committee on Counties and County Boundaries.

Mr. Herbert presented a petition numerously signed by citizens of Mariposa county protesting against a division of the same.

Read, and referred to Committee on Counties and County Boundaries.
Mr. Watkins made the following report:

The Committee on Corporations, to whom was referred Assembly bill No. 116, an Act to Incorporate the City of Oakland, have had the same under consideration, and have instructed me to report the same back, with the following amendments, to wit:

In the first section, sixth line, strike out " and may." In the sixth line of the eleventh section, strike out "B. F. Ferris," and insert "D. N. Van Dike." At the end of the nineteenth section, add, "and any ordinance of said town of Oakland, providing for the levying and collection of taxes, and directing or authorizing the expenditures of monies, or the assumption of any debts or liabilities, are hereby suspended, until the organization of the government created by this Act." And add as section 20, the following:

"This Act shall take effect from and after the passage thereof."

On motion, the special order set for this day at 12 o'clock, was postponed.

On motion of Mr. Bradford, the House resolved itself into Committee of the Whole, Mr. Bradford in the chair, to consider an Act to incorporate the city of Oakland; after spending some time in its consideration, and making sundry amendments thereto,

On motion, the committee rose, reported the bill back as amended, and asked to be discharged from its further consideration.

The committee was discharged.

The several amendments made in Committee of the Whole were adopted generally.

Mr. Conness moved to strike out the words "made bona fide" in the 12th section.

Not agreed to.

The bill was then considered as engrossed, read a third time and passed.

Mr. Tivy, chairman, made the following report:

The Joint Committee on Enrolled bills have examined, and find correctly enrolled, an Act to protect the bodies of deceased persons, and public grave yards.

An Act to authorize the Court of Sessions of the county of Sacramento, to levy and collect a special tax for the support and maintenance of the Indigent Sick of said county..

Mr. Hubert made the following report:

The Judiciary Committee have had under consideration Assembly bill, No. 92, entitled an Act fixing the time of holding the several Courts of Alameda county, and having amended the same, recommend its passage as ammended.

Also, Assembly bill No. 105, entitled an Act to amend an Act entitled an Act concerning the Courts of Justice of this State and Judicial Officers, passed May 19, 1853.

Also, Assembly bill No. 99, entitled an Act to authorize the Clerk of the Supreme Court of this State to appoint deputies.

Also, Assembly bill No. 93, entitled an Act to amend an Act concerning the office of Public Administrator and making it elective, passed April 15, 1851.

Also, Assembly bill No. 95, entitled an Act to amend an Act concerning the writ of Habeas Corpus, passed April 20, 1850, the passage of which severally the committee recommended.

February 16, 1854.

Assembly bill No. 92, above reported.

The amendment of the committee concurred in; the bill considered as engrossed; read a third time and passed.

Assembly bill No. 105, reported by Judiciary Committee, on its third reading, On motion of Mr. Hastings, laid upon the table.

Assembly bill No. 99, reported by Judiciary Committee; considered as engrossed; read a third time and passed.

Assembly bill No. 93, reported by Judiciary Committee; considered as engrossed; read a third time and passed.

Assembly bill No. 95, reported by Judiciary Committee: considered as engrossed; read a third time and passed.

Mr. Hubert made the following report:

The undersigned, members of the Judiciary Committee, respectfully report, that they have had before them Assembly bill No. 100, entitled an Act to amend an Act entitled an Act to regulate proceedings in Criminal Cases, passed May 1, 1851, and recommend the passage of the same.

HUBERT,
JONES,
BRADFORD,
WHITMAN and
BOWIE.

The undersigned, a portion of the Judiciary Committec, have had under consideration Assembly bill No. 100, entitled an Act to amend an Act entitled an Act to

FEB. 16.]

regulate proceedings in Criminal Cases, passed May 1, 1851, and herewith report a substitute for the same, and recommend its passage.

ASHLEY,

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The undersigned, a minority of the Judiciary Committee, who have had under consideration Assembly bill, No. 100, entitled an Act to amend an Act entitled an Act to regulate proceedings in Criminal Cases, passed May, 1, 1851, would respectfully report, that believing the present law allowing the defendant in criminal action the privilege of the closing argument is a proper and humane law, and in keeping with the progressive tendencies of the jurisprudence of our State; that it affords the defendant an opportunity to dissipate hasty and excited impressions that may be created against him by eloquence and ingenuity of opposing counsel, leaving the case to go to the jury upon its true merits: consequently no injury can result to the State, for when the case for the prosecution is not sufficiently strong of itself to produce conviction, the defendant should be discharged; therefore report against any change of the present law in that respect.

J. F. HOYT.

The bill, substitute and reports made the special order for Wednesday next at 12 o'clock.

Mr. Stemmons made the following report:

The Committee on Agriculture, to whom was referred Assembly bill No. 86, creating a Board of Commissioners and an Overseer to regulate Water Courses and Ditches in their townships: have had the same under consideration, and report the same back, with a substitute, and recommend the adoption and passage of the substitute.

The bill, substitute and report, on motion, laid

Mr. Nichols made the following report:

upon the table.

The San Francisco and El Dorado delegation, to whom was referred the petition of George Alexander Smith; have had the same under consideration, and respectully recommend that the prayer of the petitioner be granted.

Mr. O'Neil, chairman, made the following report:

The Committee on Engrossment have examined, and find correctly engrossed, an Act to incorporate Crescent City.

The Speaker laid before the House a communication from the State Treasurer in answer to a resolution of the Assembly, in relation to the payment of coupons due in New York, on the 1st of January, 1854.

Communication and accompanying documents read and referred to the special committee of three upon that subject.

The Clerk read to the House a communication from Madam Anna Bishop and her musical director, accepting the offer of the Assembly, to grant the use of the hall of the House for her to give a Concert, and

On motion, the Clerk was authorized to select the evening, and notify her director of the same.

Mr. Bradford offered the following, which was adopted.

Resolved, That the Sergeant-at-Arms of this House be instructed to obtain from the Sergeant-at-Arms of the Senate, as many copies of the Report of the Trustees of the Insane Asylum as were intended for the use of the Assembly.

Mr. Irwin moved to print 1,000 copies of the Report of the Trustees of the State Marine Hospital.

Mr. Ballou moved to lay the motion to print on the tabie.

Agreed to.

Mr. Conness gave notice that in a few days he would introduce a bill for the increase of the salary of the District Attorney for El Dorado County.

Mr. McDonald gave notice that, at an early day, he would introduce a bill to create the office of Collector of Taxes in the different counties of this State.

Assembly bill No. 102, for an Act for the better development of the Mineral Resources of California.

Read a second time, and referred to Committee on Mines and Mining Interests. Assembly bill No. 97, an Act to authorize the Governor of this State to convey certain property in the City and County of San Francisco to the United States. Read a second time, and ordered to a third reading on to-morrow.

Assembly Joint Resolution, 124, in reference to the Board of Land Commissioners holding a session at the City of Los Angeles.

Read a second time, and referred to Committee on Federal Relations.
Assembly bill No. 122, an Act for the relief of the Stockton Journal.
Read a second time, and referred to Committee on Claims.

Assembly Joint Resolution No. 125, granting leave of absence to Edward P. Fletcher, Connty Judge of Klamath County.

Read a second time, and ordered to a third reading on to-morrow.

Assembly Joint Resolution No. 126, granting leave of absence to R. L. Westbrook, Judge of Siskiyou county.

Read a second time, and ordered to a third reading on to-morrow.

Mr. Conness gave notice that, in a few days, he would introduce a bill to prevent Judicial and other officers from being absent during their terms of office from this State.

On motion, Mr. McGee was added to the Committee on Mines and Mining Interests; and Mr. Green added to the Committee on Education.

Mr. Hastings gave notice that he would, at an early day, introduce a bill for an Act fixing the northern boundary of Sutter County.

Mr. J. W. Park gave notice that he would, at some future day, introduce a bill for the relief of Charles N. Hall, for moneys expended in the year 1850, for the suffering emigrants.

Mr. Whitman introduced a bill for an Act granting to the city of Benicia the water front of said city.

Read a first time, and 240 copies ordered to be printed.

Mr. Horr gave notice that, on to-morrow, he would introduce a bill authorizing the erection of dams across Tuolumne river, for milling, manufacturing and agricultural purposes.

Mr. Davidson gave notice that, at an early period, he would introduce a bill for the better observance of the Sabbath day throughout the State of California.

Mr. Griffith gave notice that, on to-morrow, he would introduce a bill for an Act to amend an Act entitled an Act to prohibit the erection of Weirs, or other obstructions to the run of Salmon, passed April 12, 1852;

Also, to amend an Act entitled an Act to amend the above mentioned Act, passed March 19, 1852.

On motion of Mr. Stemmons, the House adjourned until 11 o'clock to-morrow.

HOUSE OF ASSEMBLY.

FRIDAY, February 17, 1854.

House met pursuant to adjournment.

The roll was called by the Clerk, and a quorum being present,
The Speaker announced the House ready to proceed to business.
The Journal of Thursday was read and approved

On motion, leave of absence was granted to Mr. Hollister for two days, and to Mr. Godard for two days, and to Messrs. Myres and French until Monday next.

Mr. Stemmons presented a petition numerously signed by citizens of San Joaquin, protesting against the election of Senator during this session of the Legislature.

Mr. Hubert made the following report from the Judiciary Committee:

The Judiciary Committee having duly considered Assembly bill No. 113, entitled an Act authorizing Justices of the Peace to issue writs of Injunction in certain cases, herewith report a substitute for the same and recommend its passage; also,

Assembly bill No. 107, entitled an Act to amend an Act concerning Courts of Justice of this State, and Judicial Officers, approved May 19, 1853; also,

Assembly bill No. 120, entitled an Act to amend an Act to regulate proceedings in Criminal Cases in. the Courts of Justice of this State, passed May 1, 1851, and recommend that they do not pass.

The Committee have also had under consideration Assembly bill No. 94, entitled an Act to amend an Act concerning Crimes and Punishments, passed April 16, 1850, and having made sundry amendments thereto, recommend its passage as amended.

Assembly bill No. 113, reported as above.

The substitute adopted, 240 copies of the substitute ordered to be printed, and the bill made the special order for the first day of March next, at 12 o'clock.

Assembly bill No. 107, reported back by Judiciary Committee, recommending that the bill do not pass; by a vote of the House the bill did not pass.

Assembly bill No. 120, reported back by Judiciary Committee, recommending that the bill do not pass;

On motion, it was laid upon the table.

Assembly bill, No. 94, reported back by the Judiciary Committee, with sundry amendments,

On motion, laid upon the table.

. Mr. O'Neil, chairman, made the following report:

The Committee on Engrossment have examined and find correctly engrossed, an Act to abolish the Board of Supervisors in the county of Contra Costa.

An Act to amend an Act concerning the office of Public Administrator, and making it elective, passed April 15, 1851.

An Act to amend an Act concerning the writ of Habeas Corpus, passed April 20, 1850;

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