C. B. No. 3, "A bill for an act to exempt the homestead of families from forcible sale,"

Be read for information.

Ayes and nays called:

Ayes-Messrs. Briggs, Cassell, Clark, Clayes, Collier, Daily, Fleming, Gwyer, Hall, Marquette, Noel, Ramsey, Roeder, Taffe.-14.

Nays-Messrs Bramble, Cooper, Davis of Cass, Davis of Washington, Dean, Kline, Lee, Rankin, Seymour, Steinberger, Stewart, Young.-12.

I am instructed to inform your honorable body that the Council has passed

C. B. No. 42, "A bill for an act to amend an act entitled an act establishing the mode of locating and changing county seats,"

And the concurrence of the House is requested.

Mr. Cooper moved a call of the House.

S. M. CURRAN, Chief Clerk.

Absent-Messrs. Doom, Steele and Wattles.

Mr. Clayes moved that all further proceedings under call be dispensed with.

Ayes and nays called:

Ayes-Messrs. Bramble, Briggs, Cassell, Clark, Clayes, Davis of Cass, Davis of Washington, Daily, Dean, Fleming, Hall, Lee, Marquette, Noel, Ramsey, Roeder, Steinberger, Taffe, Young.-19.

Nays-Messrs. Collier, Cooper, Gwyer, Kline, Mason, Rankin, Seymour, Stewart.-8.

Carried.

Question now recurred on the motion, that the House insist on its amendment to the bill before the House.

Ayes and nays called:

Ayes-Messrs. Bramble, Briggs, Cassell, Clark, Clayes, Collier, Cooper, Davis of Cass, Davis of Washington, Dean, Daily, Fleming, Gwyer, Kline, Marquette, Noel, Ramsey, Rankin, Roeder, Taffe, Young.-21. Nays-Messrs. Hall, Lee, Mason, Seymour, Steinberger, Stewart.-6. Carried.

Mr. Daily moved to reconsider and to lay that motion on the table. Mr. Kline moved a call of the House.

Absent-Messrs. Doom, Shields, Steele, Wasson and Wattles.

Mr. Daily moved to dispense with further proceedings under call. Carried.

Five members of the House here claimed under Rule No. 44, the right to demand the presence of the absentees.

The Speaker decided that five members can not demand the presence of the absentees after the House has decided to dispense with all further proceedings under the call.

Mr. Mason appealed from the decision of the Chair.

On this Mr. Gwyer moved the previous question.
Main question ordered.

On the main question the ayes and nays were called,
Result as follows:

Ayes-Messrs. Bramble, Briggs, Cassell, Clark, Clayes, Collier, Davis of Cass, Davis of Washington, Daily, Dean, Fleming, Gwyer, Hall, Lee, Marquette, Noel, Ramsey, Rankin, Roeder, Seymour, Stewart, Taffe, Young.-23.

Nays-Messrs. Cooper, Kline, Mason, Steinberger.-4.

Mr. Cooper moved a call of the House.

Absent-Messrs. Doom, Shields, Steele, Wasson and Wattles.

Mr. Clayes moved to dispense with all further proceedings under call, and on that moved the previous question which was sustained and the main question ordered.

Mr. Rankin moved to adjourn.

The Speaker decided that a motion to adjourn can be entertained immediately after the previous question has been ordered.

Mr. Gwyer appealed from the decision.

Question on sustaining the Chair.

Ayes and nays called:

Ayes-Messrs. Bramble, Cassell, Clark, Clayes, Collier, Cooper, Davis of Cass, Davis of Washington, Daily, Dean, Hall, Kline, Mason, Noel, Ramsey, Rankin, Roeder, Seymour, Stewart, Young.-20.

Nays-Messrs. Briggs, Fleming, Gwyer, Lee, Marquette, Steinberger, Taffe.-7.

Chair sustained.

The ayes and nays were now had on the motion to adjourn:

Ayes-Messrs. Cooper, Davis of Washington, Dean, Hall, Kline, Rankin, Seymour, Stewart.-8.

Nays-Messrs. Bramble, Briggs, Cassell, Clark, Clayes, Collier, Davis

of Cass, Daily, Fleming, Gwyer, Lee, Marquette, Mason, Noel, Ramsey, Roeder, Steinberger, Taffe, Young.-19.

Lost.

Mr. Rankin moved a call of the House.

The Speaker ruled the motion out of order.

Mr. Rankin appealed from the decision of the Chair.
Ayes and nays called on the question:

Ayes-Messrs. Bramble, Briggs, Cassell, Clark, Clayes, Collier, Cooper, Davis of Cass, Daviy of Washington, Daily, Dean, Fleming, Gwyer, Hall, Kline, Lee, Marquette, Mason, Noel, Ramsey, Rankin, Roeder, Seymour, Stewart, Taffe, Young.-26.

Nays-0.

Chair sustained.

Mr. Steinberger moved to adjourn.
Ayes and nays called:

Ayes-Messrs. Cooper, Dean, Kline, Seymour, Steinberger, Stew

art.-6.

Nays-Messrs. Bramble, Briggs, Cassell, Clark, Clayes, Collier, Davis of Cass, Davis of Washington, Daily, Fleming, Gwyer, Hall, Lee, Marquette, Mason, Ramsey, Rankin, Roeder, Taffe, Young.-20.

Lost.

Mr. Mason moved a call of the House.

Overruled by the Chair.

Mr. Cooper appealed from the decision.
On sustaining the Chair,

The ayes and nays were called:

Ayes-Messrs. Bramble, Briggs, Cassell, Clark, Clayes, Collier, Cooper, Davis of Cass, Davis of Washington, Daily, Dean, Fleming, Gwyer, Hall, Kline, Lee, Marquette, Mason, Noel, Ramsey, Rankin, Roeder, Seymour, Steinberger, Stewart, Taffe, Young.-27. Nays-0.

Chair sustained.

Mr. Mason moved to adjourn.

Mr. Daily made the following point of order, viz:

"A motion to adjourn is not in order pending the previous question." Overruled by the Chair.

Mr. Mason appealed from the decision.

Ayes and nayes called on the appeal:

Ayes-Messrs. Cassell, Collier, Cooper, Davis of Washington, Dean, Hall, Kline, Mason, Noel, Rankin, Seymour, Steinberger, Stewart.-13. Nays-Messrs. Briggs, Clark, Clayes, Davis of Cass, Daily, Fleming, Gwyer, Lee, Marquette, Ramsey, Roeder, Taffe, Young.-13.

The Speaker voting in the affirmative,

The decision was sustained.

Question recurred on the motion to adjourn.

Carried.

And the House adjourned at 1 o'clock and 15 minutes P. M.

TUESDAY, October 26, 1858.,

House met pursuant to adjournment.

Prayer by the Chaplain.

Journal read and approved.

Question now had on the motion before the House when the adjournment of yesterday took place, viz:

To dispense with all further proceedings under call of the House. Carried.

Question now received on the motion to reconsider the vote, by which the House insisted on its amendment to

C. B. No. 3, "A bill for an act to exempt the homestead of families from forcible sale,"

And to lay that motion on the table.

Carried.

Mr. Clark offered the following resolution:

Resolved, That no member be allowed to smoke within the bar during the time the House is in session.

Laid over under rule.

Mr. Clark, on leave, introduced

H. B. No. 98, "A bill for an act_to_compensate B. B. Thompson, L. Richardson, Wm. Dendy and S. F. Burtch for services rendered, as clerks for code commissioners."

Read first and second time, and referred to Committee on Accounts and Expenditures.

Mr. Briggs gave notice of a bill entitled "An act to put in force the Common Law of England."

Mr. Collier moved to instruct the committee to whom was referred "A bill for the relief of Margaritta Cuming," to report on Thursday

next.

Ayes and nays called:

Ayes-Messrs: Bramble, Briggs, Clark, Collier, Cooper, Davis of Cass, Fleming, Gwyer, Hall, Kline, Marquette. Mason, Noel, Ramsey, Rankin, Roeder, Seymour, Steele, Steinberger, Wasson.-20.

Nays-Messrs. Cassell, Davis of Washington, Daily, Dean, Doom, Lee, Stewart, Taffe, Wattles, Young.-10.

Carried.

Mr. Taffe presented a petition from citizens of Dakota county, in reference to United States wagon road.

Referred to Committee on Roads.

Mr. Taffe, from Committee on Internal Improvements, to which was referred

H. B. No. 82, "A bill for an act to incorporate the Missouri River and Nemaha Valley Rail Road Company,"

Reported the same back with sundry amendments thereto.

Ön motion,

The amendments were adopted, and the bill ordered engrossed for a third reading on to-morrow.

Mr. Steele, from special committee to which was referred

H. B. No. 64, "A bill for an act authorizing Joel H. Johnson to keep a ferry across the Loup Fork, at Genoa, in Monroe county,"

Reported the same back with a substitute therefor, and recommended the adoption of the substitute.

Mr. Rankin, from Committee on Roads, reported

House Bills Nos. 84, 87, 89, 92, and 94, bills for territorial roads, And recommended their passage without amendment.

Mr. Wattles, from special committee, to which was referred

H. B. No. 56, "An act to establish and keep a ferry across the Missouri river, between La Platte mill, and a line due east of the Otoe and Omaha Mission House, at Bellevue, Sarpy county,"

Reported the same back with an amendment thereto.

Ön motion,

The amendment reported by the committee was adopted, and the bill ordered engrossed for a third reading on to-morrow.

Mr. Kline, from special committee, to which was referred

H. B. No. 80, "A bill to establish_a territorial road from Cuming city landing, Washington county, to Fontenelle, Dodge county,"

Reported the same back without amendment, and recommended its passage.

Mr. Mason, from Committee on Judiciary, to which was referred C. B. No. 18, "An act authorizing private persons to sue out writs of quo warranto and mandamus,"

Reported the same back with sundry amendments, and recommended its passage.

On motion,

The amendments reported by the committee were adopted.

The bill was now read third time, passed and title agreed to.

Mr. Mason, from Committee on Judiciary, introduced

H. B. No. 99, "A bill for an act to prevent the taking away of books, laws, records and other documents from the Territorial Library," Read first and second time, and referred to Committee on Library. Mr. Stewart, from Committee on Corporations, submitted the following report:

Your committee to whom was referred

H. B. No. 93, "A bill for an act to incorporate the West Point Ferry and Bridge Company,"

Having had the same under consideration, beg leave to report the same back with the following amendments, and recommend its passage: