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HOUSE OF ASSEMBLY.

WEDNESDAY, March 22, 1854.

House met pursuant to adjournment.

The roll was called, and the following members were absent:

Messrs. Bennett, Gilbert, Hastings, Hubert, James, Purdy and Rowan.
The Journal of Tuesday was read and approved.

Mr. Hastings, on motion, had leave of absence granted for one day, and leave to Mr. Bennett for one day..

Mr. Conness asked to be excused from serving on the special committee appointed on yesterday in reference to removal of the Indians without the limits of this State.

He was excused, and Mr. Carrillo was appointed in his place.

Mr. McDonald presented sundry petitions from citizens of El Dorado county, praying for the passage of a law for the removal of the County Seat of said county to Mud Springs.

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Petitions read, and referred to delegation from El Dorado county.

Mr. Stevenson presented two petitions numerously signed from citizens of El Dorado county, protesting against the removal of the County Seat, and asking that the subject be left to a vote of the people of the county.

Petitions read and referred to delegation from El Dorado county.

Mr. Watkins, chairman, made the following report:

The Committee on Corporations have had under consideration the resolution directing said committee to inquire into the expediency of amending the Act to provide for the Incorporation of Railroad Companies, and report by bill or otherwise, have had the same under consideration, and have instructed me to report in part by a bill to amend said Act, and recommend its passage.

The committee introduced a bill for an Act amendatory of an Act entitled an Act to provide for the incorporation of railroad companies, approved April 22d, 1853. Read a first and second time, and

On motion of Mr. Springer, 240 copies ordered to be printed, and referred to Committee on Corporations.

Mr. Green, chairman, made the following report:

The Committee on Public Buildings and Grounds, to whom was referred Assembly bill No. 110, to take the sense of the people of this State upon the subject of the permanent location of the Seat of Government, have had the same under consideration, and report it back recommending its passage.

Mr. McBrayer moved to lay the bill on the table, and Messrs. Jones, Kellogg and Bagley demanded the yeas and nays.

YEAS.

Messrs. Ashley, Bagley, Ballou, Bostwick, Briggs, Burton, Conness, Dawley, Ewer, French, Godard, Griffith, Hoff, Houghtaling, Hubbard, Hunt, Letcher, Lindsey, Myres, McBrayer, McDonald, Nichols, F. A. Park, J. W. Park, Pratt, Ring, Rowan, Springer, Stevenson, Stowe, Sweasey, Sweetland, Tallmadge and Van Cleft-34.

NAYS.

Messrs. Anderson, Bowie, Bradford, Carr, Carrillo, Clingan, Cornwall, Dannels, Fairfield, Green, Hagans, Henry, Hubert, Jones, Kellogg, Mandeville, McDuffie, McDaniel, McGee, McKinney, Noel, Spencer, Stemmons, Tivy, Warmcastle, Watkins, Whipple, Whitman and Mr. Speaker-29.

Mr. Van Cleft, chairman, made the following report:

The Placer delegation, to whom was referred Senate bill No. 91, for an Act to authorise the Court of Sessions of the county of Placer to reimburse W. D. Smith and Isaac A. Avery for money by them expended in constructing a wagon road across the Sierra Nevada mountains, have had the same under consideration, and recommend its passage with the following amendment: strike out all after the word "money," in the the third line of second section, and insert-" should they deem it expedient; nor shall they audit such sum or sums of money until a majority of the tax payers of said county shall have petitioned them to audit and pay the same."

Senate bill No. 91, above reported, amendment adopted, the bill read a third time and passed.

Mr. Hubert, chairman made the following report:

The San Francisco and El Dorado delegation, to whom was referred Senate bill No. 87, to change the name of William Meyer to William Meyer Elton, and Assembly bill No. 135, to change the name of George Alexander Smith to George Smith Townsend, report said bills back and recommend their passage.

Mr. Sweasey objected to the report of the committee.

Senate bill No. 87, above reported on its third reading.

Mr. Ashley moved to recommit to the El Dorado and San Francisco delegation, with instructions to report a general bill.

Not agreed to.

Bill read a third time and passed.

Assembly bill No. 135, above reported, on its third reading.

Mr. Ashley moved to recommit the bill to the delegation from El Dorado and San Francisco, with instructions to report a general bill upon the subject.

Not agreed to.

Mr. Conness moved to refer the bill to the Judiciary Committee with instructions. Not agreed to.

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

Mr. Conness gave notice that he would, on to-morrow, move to add an additional rule of the House.

On motion of Mr. Mandeville, a communication heretofore presented by the Secretary of State, was read, and

On motion, referred to Committee on Education.

Assembly joint resolutions No. 123, in relation to lands donated by the United States to this State, on its third reading.

The amendment heretofore offered by Mr. Griffith under consideration.

Mr. O'Neil moved a call of the House.

The call was sustained.

The roll was then called and the following members were absent:

Messrs. Bagley, Carrillo, Dawley, Henry, Herbert, Hunter, Irwin, Lindsey, Mc-
Brayer, Pratt, Purdy, Rowan, Tallmadge, Tivy, Whipple and Mr. Speaker.
The door was ordered to be closed, and the Sergeant-at-Arms dispatched for ab-
sent members.

Mr. Letcher moved to dispense with further proceedings under the call.
Not agreed to.

On motion, Messrs. Fairfax, Dawley, Lindsey, French, Henry, McBrayer and Carrillo were admitted within the bar of the House and excused.

Mr. Green moved to dispense with further proceedings under the call of the House.

Not agreed to.

On motion, Mr. Tallmadge was admitted within the bar of the House.

Motion made to excuse Mr. Tallmadge.

Not agreed to.

Mr. McBrayer moved to reconsider the vote which refused to excuse Mr. Tallmadge.

Not agreed to.

Mr. Bradford moved to dispense with further proceedings under the call.
Agreed to.

Mr. Griffith withdrew his former amendment, and offered the following in lieu thereof:

Insert in the 11th line, 3d page, at the end of the line, " by confirming to each individual who may have located or selected land under the provisions of the said State law. The amount of land, by him or her so located, in no case, however, to exceed six hundred and forty acres to each individual: Provided, that said location does not conflict with any pre-emption previously made under the Acts of Congress of the United States: And provided, also, that no person by purchase from the State Comptroller, or any other person or persons, of a School Warrant or Warrants, or lands located under such School Warrant or Warrants, shall recive a patent for more than six hundred and forty acres of land: And provided, further, that all such locatiion and selection to entitle the claimant, under the same, to receive a patent, shall, in all cases, conform to the provisions of the Act of Legislature of this State, entitled an Act to provide for the disposal of the five hundred thousand acres of land granted to the State by Act of Congress, passed May 3, 1852.

Mr. Jones moved to strike out 640 acres and insert 320.

Not agreed to.

On the adoption of the amendment offered by Mr. Griffith,

Messrs, Hubbard, Bennett and Bradford demanded the yeas and nays.

YEAS.

Messrs. Ashley, Ballou, Bostwick, Bowie, Bradford, Burton, Carrillo, Cornwall, Dawley, Ewer, Fairfield, French, Green, Griffith, Henry, Hollister, Houghtaling, Hoyt, Hubbard, Hubert, Hunt, Hunter, James, Jones, Kellogg, Koll, Letcher, Lindsey, Mandeville, Myres, McBrayer, McDonald, McDuffie, McGee, McKinney, O'Neil, Pratt, Ring, Spencer, Stemmons, Stevenson, Stowe, Sweetland, Tivy, and Van Cleft-45.

NAYS.

Messrs. Anderson, Bennett, Carr, Clingan, Dannels, Davidson, Gilbert, Hagans, Herbert, McDaniel, Nichols, Noel, J. W. Park, Sweasey, Warmcastle, Watkins, Whitman and Mr. Speaker-18.

So the amendment was adopted.

After the roll had been called, before the result was announced by the Speaker, On motion, Messrs. Herbert, French and Hoyt were allowed to vote, who were not present at roll call.

Mr. Bennett, offered the following amendment:

Strike out all from the 39th to the 48th line, inclusive; and also strike out the 9th line to the 11th, inclusive.

Not agreed to.

Mr. Kellogg moved to adjourr.

Not agreed to.

Mr. Whitman objected to the third reading of the resolution.

The objection overruled by the House.

The resolution was then read a third time, and on its final passage,

Messrs. Mandeville, Hubbard and Letcher demanded the yeas and nays.

YEAS.

Messrs. Ashley, Ballou, Bostwick, Bowie, Bradford, Burton, Carrillo, Conness, Cornwall, Dannels, Dawley, Ewer, Fairfield, French, Gilbert, Green, Griffith, Henry, Hollister, Houghtaling, Hoyt, Hubert, James, Jones, Kellogg, Letcher, Myres, McBrayer, McDonald, McDuffie, Nichols, O'Neil, Pratt, Ring, Spencer, Springer, Stemmons, Stowe, Sweetland, Tivy, and Mr. Speaker-41.

NAYS.

Messrs. Anderson, Bennett, Carr, Clingan, Davidson, Hagans, Herbert, Hubbard, Hunt, Hunter, Koll, Lindsey, Mandeville, McDaniel, McGee, McKinney, Noel, J. W. Park, Stevenson, Sweasey, Tallmadge, Warmcastle, Watkins and Whitman-24.

So the bill passed.

Mr. Kellogg gave notice that he would move to re-consider the vote just taken on to-morrow.

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

HOUSE OF ASSEMBLY.

THURSDAY, March 23, 1854.

House met pursuant to adjournment.

The roll was called, and the following members were absent: Messrs. Bagley, Conness, Dannels, Gilbert, Herbert, Hoyt, Myres, Tallmadge, Van Cleft, and Whipple.

The Journal of Wednesday was read and approved.

On motion, leave of absence was granted to Mr. Dannels for one day.

Mr. Briggs presented a petition very numerously signed by citizens of El Dorado county, praying for the removal of the County Seat to Placerville.

Petition read, and referred to El Dorado delegation.

Mr. Sweasey presented two petitions from citizens of Alameda county praying for the passage of a law to protect settlers upon public lands.

Petition read.

Mr. French presented a petition from sundry citizens of San Luis Obispo, praying for the passage of a vagrant law.

Petition read and referred to Judiciary Committee.

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

The Committee on Engrossments have examined and find correctly engrossed, an Act to incorporate the town of Alameda.

An Act to change the head of navigation of Tuolumne river.

An Act to amend an Act entitled an Act to create a Board of Supervisors for the counties of this State, and to define their duties and powers, passed May 3d, 1852.

An Act authorising persons to erect dams across streams not declared navigable. An Act to provide for the election of a Justice of the Peace for the town of Santa Clara, and define his jurisdiction.

An Act to change the name of George Alexander Smith to George Smith Townsend.

And Assembly joint resolutions in relation to the establishment of a free watering place in Humboldt Desert.

The following message was received from the Senate:

I am instructed to inform the Assembly that the Senate passed, yesterday, a bill for an Act to amend an Act entitled an Act concerning the Courts of Justice in this State and Judicial officers, passed May 19th, 1853.

JOHN Y. LIND,
Secretary.

Senate bill No. 47, above reported, read a first and second time and referred to Judiciary Committee.

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