New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-01-11


Number in House Jan l. Ss
Average age of those received during the past year.
10 years. ....
OF those received duIlng tue year ihen PdfehaSeS
American. Irish; ...,.ss German ..'..."S
Fnglish......... Scotch......... French,......
COored.........
The oflenses tor which they were committed were ~
follows:
PETIT Robbns
VagIancy Ae%Pt az Barss'
Twentv-six had their fathers, "a their mothers, -
both parents sc of whom are Incorporate and are
separated. ~. -. A.. ,..,,,..,,. ..
There has been expended for the Library during the
''"'' THURSDAY, Jan. 10.
THE THIRD DISTRICT CONTESTED SEAT CASE
Tbe most interesting feature of to-dayss session
nroduced by motion the part of Mr.. SlCkLES Ia
take from the table the petition of Thomas j. Barr.
asking to be placed IN possession OF the seat now o
tbe capito Mr.. s., as preface, remarked that ba
had always considered it customary, when scat was
contested to notify the pOssessor thereof OF the nature
of the grounds upon which the contestant bases his
claims That course was not pursued in this case, and
he would state what might surprise the Senate that,
until the petition presented to the Senate, he Mr.
S. was not aware that bis seat was contested; lie
now desired the reading of the petition (which was
complied with by the Clerk, that he might submit
few remarks to the Senate which, after the reading OF
that paper would be better understood by Senators.
Mr. s. then said that it would be seen that the pc
ttioner assumed two particular grounds upon which
he contested the seat held by him. The hrst was, IT.
regularity in the canvasing of the votes lie does not
question the legality of the election, until the canvass
ing of the votes. The second ground Is that he Mr.
: was not resident of the district at the time OF
the election. With regard TO the irregularities
objected to-the admission of two extra Inspectors
after the had progressed that the baiot-boH
was removed from the poll TO q station-house, 49,
he quoted the People agt Cook, lately decided by the
Coat of Appeals and other cases to the end that such
irregularities could not possibly vtate an election
But these Irregularities did not, in reality, exist at all
if any reliance may be placed on the atfidavits peril
, nent 10 this case which had been furnished him
made by majority of the Inspectors legally acting I'D
the canvassng of the votes in question by the two
rsu.cerks and by several citizens familiar with the
Ppsse ali =. which went 70 show that tho votes were
canvassed at the piece where the election was held
that no one was allowed at any time, within the bar,
except those entitled to that rght-that the result
was openly announced there at the time, which an
nouncement accorded fully with the official figures
Now with regard to the second ground assumed
by the petitioner that he mir. S. was not resident
of the District at the time of the electlon Admitting
this to be 80 for the sake of argument, there Is moth
ing in our Constitution which prohibits the resident OF
one District from being voted for by the electors Of,
and representing another. The Constitution OF 1871.
with regard to representation, simply confirmed the
property qualification clause, while the Constitution Of
le46 does not retain even this. Thus 1t will be seen
that it would be competent fol- resident OF New-fWk
to be returned TO tns DOny
But even this alleged hreguaty did not exist AT ihe
time the election he possessed residence and did re-
side in the Third Senatorial District and he still resided
there Thus, briefly he tet called upon to aude to this
matter, and he would only say in conclusion that If his
personal wishes consulted in the premises, mme-
date action on the part of the Senate would be tho
result.
The petition of Mr.. Barr together with the afidsyts
alluded TO by Mr.. ST. was then referred to the Commit
tee on Privileges and elections.
EVIDENCE IN CIVIL ACTIONS.
Mr. SICKLES introduced bill in relation 10 evi-
dence n civil actions and in special proceedings OF
civil nature which reads as follows
sEcroS Parties civil Actions and ersOns for whose inn
mediate benefit they presented or defended may be wit
manner a. .a' s himself a. witness under hi. seetin
o Sif O T1 SGa .ss' adverse party he must notice.
of his intention to DO so at least ten days before the time %
SIC When all the parties to the seton shall be present in
Court the time Of ts either may Be examined ss witnes
his behalf although the motives required Ia the pre-
codiDg section shall not be given.
own behalf be- admitted to testify IN relation to facts which,
true be equally within the knowledge Of the opPosts
or country and Is the within the jurisdiction Of tho
src l. When the is prosecuted defended by TIN
OF d d . ResS sS ps55y o.
testify s In relation to facts which true must have boom
equally within the knowledge OF the deceased person.
SEC When executor administrator for trustee having
no interest beyond his liability 70 costs party to the action
restrictions rules than that Of ordinary witnesses
The rules Of evidence special proceedings Of civil
HOUSEKEEPING, ETC. IN QUEENS COUNTY II
Mr. RIDER introduced q bill which provides that
all running trotting, pacing OF horses, or other
animals within the County Of Queens for any bot o.
stakes in money goods, or other valuable things,
&c. shall be deemed racing, and shall be punished by
a fine not exceeding $3.50, years imprisonment,
or by both. And il shall be the duty Of the Siberia
justices Of the peace and constabos of the several
towns Of said county, Who know informed o.
any race about to be run, at any place within sast
county to attend such place and forbid and an
power legally possessed by them, to prevent the
Further, that AL persons who shall contribute o.
collect solicit Of other persons 10 contribute, mooey
goods for the purpose Of making up ptsns,
racing, shal forfeit s25.
PLAskROADS' AND TURNPIKE ROADS.
Mr.. NOXON introduced bill which provides that
whenever the whole number Of stockholders VI any
PankToad Company or Turnpike Company shall not
exceed the number of directors specified in the articles
of association Of such Company, each stakeholder
shall be in fact and in law Director of such Compa-
ny; and the whole number Of stockholders shall Goa
sttgte the Board Of Directors, whatever may be thew
number, and majority thereof shall form qnotam
for the transaction of business
- THOSE TWO NEW COUNTIES.
Bills were introduced this morning providing Tor the
erection Of the County of Canisteo from parts Of tbs
COUNTIES of Steuben and Allegany, and TO annex pat
Of the Town Of Howard to the Town OF Bath. Also
for the erection Of the County OF Erwin from pats OIL
Seuben.
NATURALIZATION.
Mr.. PETTY gave notice that he would s0on intro
uce d bill which would to certain extent rcstr'ct