mous consent were also read a second time, and the bill entitled "An act to incorporate the United States naval lyceum," was referred to the committee on colleges, academies and common schools; and the bill entitled "An act providing for the erection of a bridge over the Esopus creek," was referred to the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies, severally to consider and report thereon.

Ordered, That Mr. Hutchinson have leave of absence for nine days.

Ón motion of Mr. W. S. Paddock,

Resolved, That the Secretary of State furnish to the canal committee of this House, all surveys, maps, estimates and profiles in his possession, in relation to the Black river canal.

Mr. Roosevelt offered for the consideration of the House, a resolution, in the words following, to wit:

Resolved, That a select committee be appointed, with power to send for persons and papers, to inquire into the improper practices alluded to in the Governor's message, on the part of some of the banks of this State; and that the committee report to this House the result of their investigations as soon as conveniently may be. Ordered, That the said resolution be laid upon the table.

Mr. Parker gave notice that he would, on some future day, ask leave to introduce a bill to exempt females from imprisonment upon executions, if owed for costs only.

On motion of Mr. Hough,

Resolved, That the committee on grievances be discharged from the further consideration of the petition of Henry Van Patten, and that the same be referred to the committee on claims.

Ordered, That the committee on canals and internal improvements be discharged from the further consideration of the petition of sundry owners of hydraulic works situated on the outlet of the Crooked lake in the county of Yates, and that the same be referred to the Canal Commissioners.

Mr. Livingston gave notice that he would hereafter ask leave to bring in an act to incorporate the Young Men's Association for mutual improvement in the city of Albany.

Thereupon,

In pursuance of the preceding notice, Mr Livingston asked for, and by the unanimous consent of the House, obtained leave to introduce a bill, entitled "An act to incorporate the Young Men's association for mutual improvement in the city of Albany;" which was read the first time, and by unanimous consent was also read a second time, and referred to the committee on ways and means.

The House then again resolved itself into a committee of the whole, on the bill entitled "An act relative to supplying vacancies in the office of justices of the peace;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Moseley, from the said committee, reported progress, and asked for leave to sit again.

Thereupon,

Ordered, That the said bill be referred to the committee on privileges and elections.

The House then again resolved itself into a committee of the whole, on the bill entitled "An act to appoint commissioners to lay out a road from the village of Skaneateles to the village of Camillus in the county of Onondaga;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. M. H. Sibley, from the said committee, reported progress, and asked for and obtained leave to sit again.

The House then resolved itself into a committee of the whole, on the bill entitled "An act to increase the salaries of the chancellor, justices of the supreme court, and circuit judges;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Burhans, from the said committee, reported progress, and asked for and obtained leave to sit again.

The House then resolved itself into a committee of the whole, on the bill entitled "An act in relation to judgments in the superior court of the city of New-York;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Hough, from the said committee, reported progress, and asked for and obtained leave to sit again.

And then the House adjourned until eleven o'clock on Monday morning next.

MONDAY, JANUARY 26, 1835.

The House met pursuant to adjournment.

The petition of sundry inhabitants of the county of Livingston, praying for the construction of a canal from Rochester to Ölean, with a branch to Dansville, was read, and referred to the committee on canals and internal improvements.

Two several petitions of sundry inhabitants of the counties of Delaware, Steuben and Chautauque, praying the aid of the State in the construction of the New-York and Erie rail-road, were read, and referred to the committee on rail-roads.

The petition of Josiah Rawson and Robert Toan of the county of Oneida, praying for the passage of an act authorising the Commissioners of the Land-Office to convey to the petitioners a certain lot of land therein mentioned, was read, and referred to the com- . mittee on Indian affairs.

Three several petitions of sundry inhabitants of the counties of Chenango and Broome, praying for an extension of the Chenango canal from Binghamton to Owego, were read, and referred to the committee on canals and internal improvements.

The petition of James Mitchell of the county of Niagara, pray. ing pecuniary relief in consequence of damages alleged to have been sustained while engaged in blasting on the Erie canal at the village of Lockport in said county, was read, and referred to the committee on claims.

The petition of sundry inhabitants of the county of Niagara, praying for the incorporation of a bank, to be located at Lockport in said county, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance companies.

The petition of the Oneida Lake Canal Company, praying for an increase of their capital stock, was read, and referred to the committee on canals and internal improvements.

The petition of sundry inhabitants of Whitestown in the county of Oneida, praying for the passage of a law authorising the appointment of a master in chancery, to reside at Whitesborough in said county, was read, and referred to the committee on the judiciary.

The petition of sundry inhabitants of the county of Columbia, praying for the incorporation of a bank, to be located at Kinderhook in said county, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance companies.

The petition of Hazard Lewis and others of Binghamton in the county of Broome, praying for the incorporation of the Chenango Canal Bridge Company, was read, and referred to the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies.

The petition of sundry inhabitants of the county of Gencsee, praying for the incorporation of a company to construct a rail-road from Attica to Buffalo, was read, and referred to the

he committee

The petition of sundry inhabitants of the city of Hudson, praying for the passage of an act authorising them to raise money by tax on the inhabitants of said city, for the support of a public school therein, was read, and referred to a select committee, consisting of the members attending this House from the county of Columbia.

The petition of Henry N. Van Patten of Schenectady, praying compensation for constructing a bridge over the Erie canal, was read, and referred to the committee on claims.

The petition of Franklin Rose of the town of Sullivan in the county of Madison, praying remuneration for the deficiency of a certain lot of land therein mentioned, purchased of the State, was read, and referred to the committee on claims.

The remonstrance of sundry inhabitants of the county of Herkimer, against an alteration of the present law in regard to highways, so far as the same relates to the road from Schenectady to Utica, on the south side of the Mohawk river, was read, and referred to the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies.

The petition of sundry inhabitants of the county of Ulster, praying for the incorporation of a bank, to be located at the village of

Ulster in said county, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance companies.

The petition of Solomon Davis of Vernon in the county of Oneida, praying remuneration for improvements alleged to have been made on a certain lot of land therein mentioned, belonging to this State, was read, and referred to the committee on claims.

The petition of sundry inhabitants of the county of Monroe, praying for the incorporation of a company to construct a rail-road from Rochester to Charlotte, was read, and referred to the committee on rail-roads.

The remonstrance of sundry inhabitants of the town of Chautauque in the county of Chautauque, against a division of said town, was read, and referred to the committee on the erection and division of towns and counties.

The petition of sundry inhabitants of the county of Onondaga, praying for an alteration of the present State prison system, was read, and referred to the select committee on that subject, of which Mr. Carr is chairman.

The petition of sundry inhabitants of the village of Owego in the county of Tioga, praying for the incorporation of a bank, to be located at said village, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance companies.

The petition of sundry inhabitants of the counties of Monroe, Orleans and Niagara, praying for the incorporation of a company to construct a rail-road from Rochester to Lockport, was read, and referred to the committee on rail-roads.

The petition of John C. Devereux and others of the city of Utica, praying for the incorporation of the Catholic Education Society and Orphan Asylum of the city of Utica, was read, and referred to the committee on the incorporation of charitable and religious societies.

Mr. Jackson, from the committee on the incorporation of cities and villages, to which was referred the petition of the directors of the village of Kingston, praying for an amendment of the charter of said village, reported a bill, entitled "An act to amend an act entitled 'An act to vest certain powers in the freeholders and inhabitants of the village of Kingston,' passed April 6th, 1805, and of the acts amendatory to the same;" which was read the first time, and by unanimous consent was also read a second time, and committed to a committee of the whole house.

Mr. Gray, from the committee appointed in pursuance of the forty-seventh rule of this House, to which was referred the engrossed bill entitled "An act relative to supplying the village of Whitehall with pure and wholesome water," reported, that in the opinion of the committee, the said bill does not require the votes of two-thirds of all the members elected to this House to pass the same into a law.

Mr. Speaker put the question whether the House would agree [ASSEMBLY JOURNAL.]

15

with the committee in their said report, and it was determined in the affirmative.

Thereupon,

The said bill was ordered to a third reading.

Mr. Cash, from the committee on ways and means, to which was referred the bill entitled "An act to incorporate the Young Men's association for mutual improvement in the city of Albany," ported:

[ See Document No. 80.]

re

Ordered, That the said bill be committed to a committee of the whole house.

Mr. Wilkinson, from the committee on the incorporation and alteration of the charters of banking and insurance companies, to which was referred the several matters in relation to banks, &c. in the message of his Excellency the Governor, have had under consideration that part of the message relating to the course of some banks, of exacting premiums on drafts as connected with the business of discounting, and thus obtaining a per cent of profit beyond the legal rate of interest; and have instructed their chairman to introduce the following resolution:

Resolved, That the committee on the incorporation and alteration of the charters of banking and insurance companies, be instructed to address interrogatories to the cashiers of the several banks under the Safety fund law, (except those in the city of NewYork,) requiring immediate answers in writing to such interrogatories, under oath, touching the practice referred to in the Governor's message, of exacting premiums on drafts as connected with the practice of discounting.

Thereupon,

Mr. M. H. Sibley made a motion that the House should agree to lay the said resolution upon the table.

Debates were had upon the motion of Mr. M. H. Sibley; and the question being put whether the House would agree thereto, it was determined in the negative.

The ayes and nays being required by ten members,