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Mr. Suffern, from the committee on engrossed bills, reported, that the committee had examined the engrossed bill entitled "An act fixing the time for holding the annual town meeting in the town of Gates in the county of Monroe,” and find the same correctly engrossed.

Thereupon,
The said engrossed bill was read the third time.
Resolved, that the bill do pass.

Ordered, That the clerk deliver the said bill to the Senate, and request their concurrence in the same.

On motion of Mr. Judd, Resolved, That the committee on the incorporation and alteration of the charters of banking and insurance companies, be instructed to inquire into the expediency of requiring all the banks in this State, subject to the Safety fund system, to receive the bills of each other at par, in payment of any debt due to them.

On motion of Mr. Wilcoxson, Resolved, That the Canal Commissioners report to this House, their opinion as to the practicability of sinking and deepening the summit level of the Crooked lake canal, into the lake, the depth of two feet; and if practicable, to compute and report the expense of said work; and also of constructing a guard-lock at the lake, so as to regulate the flow of water in the same; and also the practicability, utility and expense of constructing two or more feeders from the outlet of said lake, into the canal below the upper mills on said stream; and also to suggest some other plan, if any can be devised by them, of supplying the hydraulic works on said outlet with a sufficient supply of water, and report the same, and the expense of carrying the same into effect.

Ordered, That the committee on claims be discharged from the consideration of the petition of Joseph E. Smith & Co., and that the same be referred to the committee on grievances.

In pursuance of previous notice, Mr. Phillips asked for and obtained leave to bring in a bill, entitled "An act to regulate the taking and summoning of juries in justices' courts;" 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.

In pursuance of previous notice, Mr. Hough asked for and obtained leave to bring in a bill, entitled "An act authorising the appointment of a supreme court commissioner, to reside in the northern part of the county of Madison, and for other purposes;' 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.

The House then again resolved itself into a committee of the whole, on the bill entitled "An act to provide for auditing the accounts of certain town officers in the several counties therein mentioned;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Burke, from the said committee, reported, that the committee had gone through the said bill, made amendments thereto, and agreed to the same; which he was directed to report

to the House, and he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the House.

Ordered, That the bill be engrossed.

The House then again resolved itself into a committee of the whole, on the bill entitled "An act relative to the Mountain turnpike road in the county of Schoharie;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Wetmore, from the said commiitee, reported, that the committee had gonc through the said bill, made amendments thereto, and agreed to the same; which he was directed to report to the House, and he read the report in his place, and delivered the same in at the table, where it was again read, and agreed to by the House.

Ordered, That the bill be engrossed.

And then the House adjourned till eleven o'clock to-morrow morning

THURSDAY, FEBRUARY 12, 1835.

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The House met pursuant to adjournment. Four several petitions of sundry inhabitants of the city of Albany, praying for the incorporation of the Young Men's Association of the city of Albany, were read, and committed to the committee of the whole when on the bill to which it relates.

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

The petition of sundry Indians of the Brothertown tribe, praying an alteration of the law relative to highway labor in the town of Brothertown, was read, and referred to the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies.

The memorial of sundry inhabitants of the counties of Oswego and Oneida, praying for the construction of an enlarged steam-boat canal from Lake Ontario to the Hudson, was read, and, with the report and estimates of cost of the same from Oswego to Utica, referred to the committee on canals and internal improvements.

Ordered, That six times the usual number of copies of the said report and estimates be printed for the use of the Legislature, and one hundred copies of the same for the use of the Engineer.

See Document No. 195.)

The memorial of sundry regents, teachers of common schools, and others, relative to common schools, was read, and referred to the committee on the judiciary.

The petition of sundry inhabitants of the counties of Steuben, Chenango and Broome, praying the aid of the State in the construction of the New York and Erie rail-road, was read, and referred to the committee on rail-roads.

The petition of sundry inhabitants of the county of Otsego, praying for the construction of a M'Adam road from Albany to Owego, 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 Madison, praying for the appointment of a Supreme Court commissioner, to reside in the northern part of said county, was read, and committed to the committee of the whole when on the bill upon that subject.

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 the village of Charlotte, was read, and referred to the committee on rail-roads.

The petition of the judges and members of the har of the county of Schoharie, praying for the passage of an act changing the time of holding courts in said county, was read, and referred to the committee on the judiciary.

Five several petitions of sundry inhabitants of the counties of Cayuga, Seneca, Ontario, Wayne and Monroe, praying for the incorporation of a company to construct a rail-road from Auburn to Rochester, were read, and referred to the committee on rail-roads.

Mr. M. H. Sibley, from the committee on claiins, to which was referred the petition of Ephraim Bogardus, reported; and asked lcave to introduce a bill.

[See Document No. 160.]

Ordered, That leave be given to bring in such bill.

Mr. M. H. Sibley, according to leave, brought in the said bill, entitled "An act for the relief of Ephraim Bogardus;" 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. Van Benthuisen, from the committee on the incorporation and alteration of the charters of banking and insurance companies, to which was referred the petition of sundry inhabitants of the county of Chautauque, praying for the incorporation of a mutual fire insurance company in said county, reported a bill, entitled "An act to incorporate the Mutual fire insurance company of the county of Chautauque;" 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. Van Benthuisen, from the committee on the incorporation and alteration of the charters of banking and insurance companies, to which was referred the petition of sundry inhabitants of the

county of Genesee, praying for the incorporation of a mutual fire insurance company in said county, reported a bill, entitled “An act for the incorporation of the Genesee mutual fire insurance company;” which was read the first time, and by unánimous consent was also read a second time, and committed to a committee of the whole house.

The annual report of Israel Sloan, an inspector of beef and pork in the county of Onondaga, was received and read.

[See Document No. 276.) Ordered, That the said report be referred to the committee on trade and manufactures.

A communication from the Commissioners of the Land-Office, was received and read, in the words following, to wit:

The Commissioners of the Land Office, on reference from the Assembly of the petition of Charles M’Lain, respectfully report:

[See Document No. 152.)

Ordered, That the said report be referred to the committee on public lands.

A communication from the Secretary of State was received and read, in the words following, to wit:

1

STATE OF NEW-YORK,
SECRETARY's Office.

Albany, February 12, 1835.
TO THE SPEAKER OF THE Assembly.

SIR. I have the honor to transmit herewith, at the request of the di. rectors of the New-York Institution for the instruction of the deaf and dumb, their annual report for the year 1834.

I avail myself of this occasion to observe, that the annual report required of me as Superintendent of Common Schools, in relation to ihe instruction of the deaf and dumb, will be presented to the Legislature in a few days.

I am, very respectfully,
Your obedient servant,

JOHN A. DIX.

[See Document No. 288.)

Ordered, That the said report be referred to the select committee on so much of the Governor's message as relates to that subject.

Ordered, That four times the usual number of copies of the said report be printed for the use of the Legislature.

Mr. Plumb, from the committee on engrossed bills, reported, that the committee have examined the engrossed bill entitled "An act relative to the Mountain turnpike road in the county of Schoharie,” and find the same correctly engrossed.

[ASSEMBLY JOURNAL.] 28

Thereupon,
The said engrossed bill was read the third time,
Resolved, That the bill do pass.

Ordered, That the Clerk deliver the said bill to the Senate, and request their concurrence in the same.

Mr. Plumb, from the committee on engrossed bills, reported, that the committee have examined the engrossed bill entitled "An act to provide for auditing the accounts of certain town officers in the several counties therein mentioned," and find the same correctly engrossed.

Ordered, That the said bill be laid upon the table.

The resolution for amending the Constitution relative to the salt and auction duties, was read the third time.

Mr. Speaker put the question whether the House would agree to the passage of the said resolution, and it was determined in the negative, there not being two-thirds of all the members elected to this House voting in favor thereof, as follows, to wit:

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Mr. Adams
Mr. Anthony
Mr. Baker
Mr. Beecher
Mr. Benjamin
Mr. Brooks
Mr. Burhans
Mr. Burke
Mr. Barnum
Mr. Carpenter
Mr. Cash
Mr. A. Clark
Mr. Coe
Mr. Conklin
Mr. Crain
Mr. Crary
Mr. Crosby
Mr. Crowell
Mr. Cuykendall
Mr. Davis
Mr. Dayan
Mr. Denniston
Mr. Eldred
Mr. Finch
Mr. Fisher
Mr. Gray
Mr. Griswold

Mr. Groom

Mr. Pettit
Mr. Hall

Mr. Phillips
Mr. J. Haskell Mr. Powers
Mr, Healy

Mr. Preston
Mr. Herttell

Mr. Quackenboss
Mr. Hiller

Mr. Rice
Mr. Hough

Mr. Ringgold
Mr. Jones

Mr. Roosevelt
Mr. Judd

Mr. Seger
Mr. Kent

Mr. Shepard
Mr. King

Mr. Speaker
Mr. Krum

Mr. Springer
Mr. J. W. Lewis Mr. Stetson
Mr. Livingston Mr. Stevens
Mr. Lockwood Mr. Suffern
Mr. Loomis

Mr. Tillinghast
Mr. Mallory

Mr. Van Benthuisen
Mr. Niles

Mr. Wager
Mr. Odell

Mr. Waldron
Mr. Ogden

Mr. Warren
Mr. Ostrom

Mr. Wetmore
Mr. P. W. Paddock Mr. Wheeler
Mr. W. S. Paddock Mr. Wilkinson
Mr. Palmer

Mr. Williams
Mr. Parker

Mr. Woodbury
Mr. Peck

Mr. Wylie

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