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sworn to the faithful discharge of his duty and neglecting to perform that duty, may make a 'mistake' when not under oath, in relation to the state of his health-especially when such mistake may serve to screen him from the imputation of contempt of the high authority of the Convention, and give him an opportunity to speculate on the exchange of a fine for cool and deliberate contumacy.

Respectfully submitted.”

The foregoing report having been read,

On motion of Mr. Parker of Fitzwilliam of the House-
Resolved, that the same be accepted.

Mr. Brown of the Senate moved that the Convention now rise.
Which was decided in the negative.

Mr. Parker of Fitzwilliam of the House presented the following resolution:

"Resolved, that the Chairman of the Convention be directed to issue a capias to bring the body of Seth Eames, the town clerk of Northumberland, in the county of Coos, before the committee to amend his return of votes for Electors of President and Vice President of the United States, given in said town on the second day of November, 1840."

Which having been read,

Mr. Sawyer of Nashua of the House, moved to amend the resolution by striking out all after the word "to" in the fourth line. thereof, and inserting instead thereof the words, "answer for a contempt of said Convention."

Mr. Parker of Fitzwilliam accepted the amendment proposed by Mr. Sawyer of Nashua.

On motion of Mr. Sawyer of Nashua of the House

Ordered, that the resolution lie upon the table.

On motion of Mr. Spalding of Nashua of the House

The Convention rose and the Senate returned to their Chamber.

IN SENATE.

On motion of Mr. Renton

The Senate adjourned.

WEDNESDAY, DEC. 2, 1840.

The Senate proceeded to the order of the day on the bill entitled "An act to render Railroad corporations liable for damages by fire or steam."

On motion of Mr. Gregg

Resolved, that said bill be considered on its second reading for the purpose of amendment.

Mr. Gregg moved to amend the bill by adding to the proviso at the close thereof the word "notwithstanding.

On the question, shall this amendment be adopted?

It was decided in the affirmative.

On the question, shall this bill be read a third time.
It was decided in the affirmative.

Ordered, that it be read a third time at three o'clock this af

ternoon.

The Senate proceeded to the order of the day on the bill entitled "An act in addition to an act entitled an act empowering school districts to build and repair school houses, passed July 6, 1827,"

Which was read a third time.

Resolved, that it pass and its title be as aforesaid.

Ordered, that the Clerk notify the House of Representatives accordingly.

A message from His Excellency the Governor by Mr. Stevens, Secretary of State :

"To the Honorable Senate:

In obedience to a resolution of this date requesting me to communicate to the Senate what action and progress have been made under the law approved June 20, 1840, authorizing His Excellency with advice of Council, to appoint three suitable persons to revise, codify and amend the Statute Laws of New Hampshire, &c. I have to reply, that circumstances prevented the appointment of a committee for the aforesaid purpose until the present session; that I have, with the advice of Council, appointed the Hon. Joel Parker, of Keene, Samuel D. Bell, Esquire, of Manchester, and Charles J. Fox, Esquire, of Nashua, under the resolution aforesaid and for the purposes aforesaid.

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JOHN PAGE.

The foregoing message having been read,

On motion of Mr. Gregg

Ordered, that it lie upon the table.

Mr. Renton, from the committee on Incorporations, to whom was referred the resolution classing Pinkham's Grant with the town of Jackson, reported it without amendment.

On the question, shall this resolution be read a third time?
It was decided in the affirmative.

Ordered, that it be read a third time at three o'clock this after

noon.

Mr. Renton, from the same committee to whom was referred the resolution classing Nash and Sawyer's Location, Hart's Location, and Crawford's Grant with the town of Carroll, reported it without amendment.

On the question, shall this resolution be read a third time.
It was decided in the affirmative.

Ordered, that it be read a third time at three o'clock this af

ternoon.

On motion of Mr. Nutter

The Senate adjourned.

AFTERNOON.

The Senate proceeded to the order of the day on the bill entitled "An act to render railroad corporations liable for damages by fire or steam,'

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Which was read a third time.

Resolved, that it pass and its title be as aforesaid.

Ordered, that the Clerk notify the House of Representatives accordingly.

The Senate proceeded to the order of the day on the following resolutions:

"A resolution classing Pinkham's Grant with the town of Jackson."

"A resolution classing Nash and Sawyer's Location, Hart's Location, and Crawford's Grant with the town of Carroll." Which were severally read a third time.

Resolved, that they pass.

Ordered, that the Clerk notify the House of Representatives accordingly.

A message from the House of Representatives by their Clerk:

"Mr. President-The House of Representatives have on their part elected the Hon. Levi Woodbury to represent this State in the Senate of the United States, for six years from and after the third day of March next."

On motion of Mr. Johnson—

The Senate proceeded by ballot to choose, on their part, a Senator to represent this State in the Congress of the United States, for the term of six years from and after the third day of March next; and the Hon. Levi Woodbury was elected. On motion of Mr. Goodhue

Resolved, that the Clerk notify the House of Representatives that the Senate have, on their part, elected by ballot, the Hon. Levi Woodbury to represent this State in the Senate of the United States for the term of six years from and after the third day of March next.

Mr. Renton presented the petition of sundry inhabitants of Concord for an additional number of men to be attached to engine companies No. 2 and No. 4, in said town.

Ordered, that it be referred to the committee on Military Affairs.

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On motion of Mr. Goodhue

Resolved, that the Senate have a recess until a quarter before five o'clock.

QUARTER BEFORE FIVE.

On motion of Mr. Brown

The Senate adjourned.

THURSDAY, DEC. 3, 1940.

A message from the House of Representatives by their Clerk:

"Mr. President-The House of Representatives have passed. a bill entitled "An act providing compensation for the Electoral Board," in which they ask the concurrence of the Honorable Sen

ate."

The foregoing bill, sent up from the House of Representatives for concurrence, was read a first and second time.

On motion of Mr. Gregg

Resolved, that the rules of the Senate be so far suspended, that this bill be read a third time at the present time. Said bill was accordingly read a third time.

Resolved, that it pass and its title be as aforesaid.

Ordered, that the Clerk notify the House of Representatives accordingly.

Mr. Johnson, from the committee on Military Affairs, to whom was referred the petition of sundry inhabitants of Concord, praying for an additional number of men to engine companies No. 2 and 4 in said town, made a report,

Whereupon

Resolved, that the petitioners have leave to bring in a bill.
On motion of Mr. Pickering-

The Senate adjourned.

AFTERNOON.

A message from the House of Representatives by their Clerk:

"Mr. President-The House of Representatives have passed bills with the following titles, in which they ask the concurrence of the Honorable Senate:

"An act in amendment of an act entitled an act relating to the election of Governor, Counsellors, Senators and Representatives, passed July 3, 1839."

"An act in addition to and in amendment of an act entitled an act regulating process and trials in civil causes.'

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The first of the foregoing bills, sent up from the House of Representatives for concurrence, was read a first and second time. Ordered, that it be referred to the committee on Elections." The second of said bills was read a first and second time.

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