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On motion,

The House then adjourned until Monday next.

MONDAY MORNING, JANUARY 23, 1837.

THE House met pursuant to adjournment.

Mr. Barnes from the joint commiitee on Enrolled Bills reported that the committee had presented to the Governor for his approval "An act to establish judicial districts and circuits and prescribe the times and places of holding courts."

"An act to charter the Rocheport rail road company," and

"An act to incorporate the Marion city and Missouri rail road company" and

That the committee have examined and found truly enrolled, "An act to incorporate the southern rail road company of Missouri,"

Which was signed by the Speaker of the House and transmitted to the Senate.

Mr. King from the committee on the Judiciary to which was referred the resolution directing an inquiry into the expediency of allowing persons sued in the circuit courts, to confess judgment before the clerk in vacation, reported

That the same is inexpedient, which was concurred in by the House,

Mr. Wright of Marion from the same committee reported, "A bill supplementary to an act entitled an act to provide for levying, assessing and collecting the revenue.”

Which was read the first time and ordered to a second reading. Mr. Turner from the select committee reported,

"A bill appropriating money to pay George C. Dale, for sevices rendered as Librarian,"

Which was read and ordered to a second reading.

On motion of Mr. Cravens of Pettis.

Resolved, That the committee on Internal Improvements be instructed to inqure into the propriety of viewing and surveying a road from the town of Boonville, Cooper county, on the most direct course to strike the Mississippi river, at or near the freezing point, preparatory to the location of a rail road, and that said committee report by bill or otherwise.

On motlon of Mr. Gordon,

The rule was dispensed with, and leave being given, he introduced "A bill respecting the apportionment and assignment of dower in slaves."

Which was read the first time and ordered to a second reading, and On his further motion,

The rule was dispensed with, and

The bill was read a second time and ordered to a third reading. Mr. Penn, pursuant to notice, leave being given, introduced "A bill to establish an Academy in the town of Florida, Monroe county."

Which was read the first time, and

Ordered to a second reading, and

On his motion,

The rule was dispensed with, and the bill

Was read a second time, and

Ordered to a third reading.

On motion of Mr. Monroe,

Resolved, That a Select Committee of seven be appointed, whose duty it shall be,

First. To inquire into the expediency of providing by law, for defraying the funeral expenses of members of the Legislature and their officers, who die at the Seat of Government, during the session of the Legislature.

Second. To inquire by whom the funeral expenses of the Hon. Yelverton O'Bannon, Representative from Madison county, to the 8th General Assembly of this state were paid; and in the event of its being ascertained that they were defrayed out of his estate; that the committee inquire into the propriety of refunding the amount to his bereaved family, and to enable the committee to arrive at facts on that subject, they are authorised to examine persons and papers.

Third. That said committee inquire into the expediency of setting apart a certain portion of the burying ground reserved for that purpose, by the 5th section of "an act concerning the permanent Seat of Government, and for other purposes, approved January 1st, 1827" including the graves of the Hon. Yelverton O'Bannon, and the Hon. Hardy Allard, for the future burying ground of the members of the Legislature and their officers.

Fourth. That said committee inquire into the expediency of providing by law for erecting Tombs, with suitable inscriptions, over the graves of the Hon. Yelverton O'Bannon, and the Hon. Hardy Allard, and that said committee have leave to report by bill or otherwise." Whereupon, Messrs. Monroe, Hunter, Brawley, Smith of Washington, Bowlin, Chambers and Woolfolk, were appointed that com

mittee.

On motion of Mr. Barnes,

The rule was dispensed with, leave being given, he introduced
A bill to amend an act, entitled

"An act, to establish Judicial Districts and Circuits, and prescribe the times and places of holding Courts, approved January 21st, 1837,". Which was read and ordered to a second reading, and

On his motion,

The rule again was dispensed with, and the bill

Was read a second time, and

Ordered to a second reading.

On motion of Mr. King,

The rule was dispensed, and leave being given, he introduced "A bill to prescribe the manner of recovering fines, penalties and forfeitures."

Which was read, and ordered to a second reading.

Mr. Monroe submitted the following resolutions:

"Resolved, By the Senate and House of Representatives of the State of Missouri, two thirds of both Houses concurring therein, as follows:

Section 1. So much of the second section of the third article of the Constitution of this state as provides that the whole number of Representatives, shall never excecd one hundred, be, and the same is hereby abolished.

Section 2. The whole number of the House of Representatives of the state of Missouri, shall never exceed one hundred and fifty."

Section 3. So much of the sixth section of the third article of the Constitution of the State of Missouri, as provides that "the Senate shall consist of not less than fourteen, nor more than thirty-three members," be and the same is hereby abolished.

Section 4. The Senate of the state of Missouri, shall consist of not less than thirty, nor more than fifty."

Which were read the first time,

Objections being made thereto by Mr. Fort.
Mr. Price called for the previous question,

When the question was "shall the main question be now put."
Which was decided in the affirmative.

The question was then put on the rejection of the resolutions.
Mr. Monroe requested the ayes and nays,

Which were ordered, and

The question decided in the affirmative.

Ayes-Messrs. Barnes, Bay, Blythe, Bowlin, Caldwell, Canole, Chambers, Clark, Coalter, Doniphan, Edwards, Ellison, Fort, Gordon, Gray, Head, Hutchison, Jeffreys, Jones, Kelly, King, McGunnegle, Maupin, Minor, Morris, Noland, Penn, Price, Redman, Shannon, Simmons, Snyder, Taylor, Thomas, Thompson, Thornton, Turner, Watts, Wilkerson, Williams, Wright of Marion and Young.

Nays-Messrs. Alexander, Alford, Cravens of Madison, Cravens of Pettis, Curle, Detchemendy, Duncan, Emmons, Fewell, Fulkerson, Groom, Hancock, Holliday, Hunter, Jackson, Layton, Monroe, Netherton, Persell, Smith of Clinton, Stuart, Wilson of Van Buren, Woodson, Woolfolk, and Wright of Warren.

Messrs. Burns, Calvert, Davis, Marlin and Wilson of Barry, absent sick.

Absent, Messrs. Bradshaw, Brawley, Holloway, Smith of Washington, Wright of Pike, and Mr. Speaker.

Mr. Barnes gave notice, that on to-morrow, he would ask leave to introduce

"A bill to amend the 15th section of an act, entitled an act, to re

gulate Executions," and that on Wednesday next, he would ask leave to introduce

"A bill to build a Bridge across the Burbois river, in the county of Franklin."

On motion of Mr. King,

The Committee of the Whole House, were discharged from the further consideration of

"A bill to regulate the jurisdiction of Courts of Chancery in cer" and

tain

cases,

On his further motion,

The bill was considered as engrossed and passed to a third reading, and

On motion of Mr. Speaker,

The bill was laid on the table, and ordered to be printed.

"A bill to regulate the Practice of Medicine,"

Was read a second time, and

Committed to a committee of the Whole House.

"A bill to charter the Camden Saw and Grist Mill Company," and "A bill to prevent the circulation of Counterfeit Coin,"

Were read a second time, and

Ordered to be engrossed for a third reading.

"A bill to incorporate the Osage Mining and Smelting Company," Was read a second time, and laid on the table.

"A bill to incorporate the Palmyra and Marion City Turnpike Company."

"A memorial to Congress respecting Led Mines."

"A bill to incorporate the Carondalet and St. Louis Rail Road," and

"A bill to improve the State Road across the bottom opposite St. Charles, in St. Louis county."

Were severally read the second time, and considered as engrossed for a third reading.

The Speaker laid before the House the following communication from the Governor.

EXECUTIVE DEPARTMENT, CITY OF JEFFERSON,
January 21, 1837.

To the Honorable the House of Representatives:
GENTLEMEN-I have this day approved and signed

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"An act to establish Judicial Districts and Circuits, and to prescribe the times and places of holding Courts."

Most respectfully,

Your obedient servant,
LILBURN W. BOGGS.

EXECUTIVE DEPARTMENT,

January 23, 1837.

To the honorable, the House of Representatives, GENTLEMEN-I have this day approved and signed bills of the following titles.

"An act to incorporate the Southern rail road company of Missouri."

"An act to incorporate the Marion City and Missouri rail road company," and

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"An act to incorporate the Rocheport rail road Company."

Most respectfully,

Your obedient servant,

LILBURN W. BOGGS.

"A bill to incorporate the Florida and Paris rail road company," Was read a third time, and

On motion of Mr. Caldwell

Referred to a select committee, composed of Messrs. Chambers, Caldwell and Wright of Marion.

"A bill to provide for building a capitol and for other puposes," Was read a third time.

Mr. Fort moved

To amend the 6th section of the bill by way of ryder, by striking out "one hundred thounsand," and inserting "fifty thousand." Which was read the first time.

Mr. Wright of Warren called for a division of the question. The question was then put on strking out.

Mr. Wright of Warren requested the ayes, and nays which were ordered, and the question decided in the negative. Ayes 34-Nays

35.

Ayes-Messrs. Alexander, Barnes, Blythe, Brawley, Canole, Cravens of Pettis, Doniphan, Fort, Fewell, Gordon, Gray, Hancock, Head, Holliday, Hutchison, Kelly, King, Layton, Mcgunnegle, Maupin, Monroe, Morris, Netherton, Noland, Simmons, Smith of Clinton, Stuart, Taylor, Thornton, Turner, Wilson of Van Buren, Woodson, Wright of Marion, and Wright of Warren.

Nays-Messrs. Alford, Bay, Bowlin, Caldwell, Chambers, Clark, Coalter, Cravens of Madison, Curle, Detchemendy, Duncan, Edwards, Emmons, Fulkerson, Hunter, Jackson, Jeffries, Jones, Minor, Price, Persell, Shannon, Smith of Washington, Snyder, Thomas, Thompson, Watts, Wilkerson, Williams, Woolfolk, Wright of Pike and Mr. Speaker.

Absent sick, Messrs. Burns, Calvert, Davis, Marlin, Penn, Wilson of Barry and Young.

Absent, Messrs. Bradshaw and Redman.

Mr. Bowlin moved to amend the first section and third line by striking out all after the word "commissioners," in the section, and insert "whose duty in shall be to superintend the erection of a state

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