Mr. A. Hascall Mr. Hillyer Mr. J. W. Lewis Mr. Moseley Mr. Wheeler Mr. W. Woodworth 31 Mr. Speaker put the question whether the House would agree to the said resolution, and it was determined in the affirmative, twothirds of all the members elected to this House voting in favor thereof, as follows, to wit: Ordered, That the Clerk deliver a copy of the said resolution to the Senate, and request their concurrence in the same. Mr. Livingston, from the committee on the judiciary, to which was referred the report of the Chief Justice of the Supreme Court of this State, in answer to a resolution of the fourteenth of January, calling for information in relation to the Supreme Court, reported a resolution, in the words following, to wit: Resolved, That the following amendment be proposed to the Constitution of this State, and that the same be referred to the Legislature next to be chosen, and published in pursuance of the provisions of the first section of the eighth article of the said Constitution: That so much of the fourth section of the fifth article of the Constitution of this State, as limits the number of justices of the Supreme Court, be abolished, and that hereafter there shall be four justices of said court, unless the Legislature shall see fit to authorise the appointment of a larger number of justices; and that so much of the fourth section of the fifth article of said Constitution as relates to circuit judges, bc, and the same is hereby abolished: And further, that said Constitution be further amended, by authorising the Legislature to establish a superior court of common pleas, of concurrent jurisdiction with the Supreme Court, (in all cases excepting such as the Legislature may hereafter except:) And further, that all writs of error from either the said Supreme Court or superior court of common pleas, shall be brought to and heard before the Court of Errors, provided for in said article fifth of the Constitution: And further, that the said superior court of common pleas shall consist of a chief justice and four justices, and no greater number without the Legislature shall otherwise direct, any of whom may hold the court, and who shall respectively hold their offices by the same manner of appointment, and under the same tenure, and subject to the same constitutional privileges and restrictions as are granted to or imposed upon the judges of the Supreme Court by said Constitution: And further, that the said chief justices and justices of the said Supreme Court and superior court of common pleas shall, in the trial of all issues joined in either of the courts last mentioned, and in courts of oyer and terminer and general gaol delivery, possess all the powers now conferred on the circuit judges of this State; and that it shall be the duty of the said chief justices and justices of said courts, to hold all circuit courts for the trial of all issues joined in either of said courts in the several counties of this State, subject nevertheless to legislative direction and control. Ordered, That the said resolution be committed to a committee of the whole house. Ordered, That the usual number of copies of the said resolution be printed for the use of the Legislature. [See Document No. 193.] And then the House adjourned until eleven o'clock to-morrow morning. SATURDAY, FEBRUARY 21, 1835. The House met pursuant to adjournment. Ordered, That Mr. Stetson, Mr. Jackson, Mr. Ringgold, Mr. Burhans, Mr. Stevens, Mr. Farwell, Mr. Crain, Mr. Palmer and Mr. Burke, be a committee in pursuance of the fifty-first rule of this House. Two several petitions of sundry inhabitants of the county of Delaware, and also of the mayor. aldermen and commonalty of the city of New-York, praying the aid of the State in the construction of the New-York and Erie rail-road, were read, and committed to the committee of the whole when on the bill upon that subject. The petition of sundry inhabitants of the town of Kirkland in the county of Oneida, praying for the incorporation of the village of Clinton in said town, was read, and referred to the committee on the incorporation of cities and villages. The remonstrance of sundry citizens of the city of Albany, against the passage of an act for the relief of Geneva College, was 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 passage of an act authorising the supervisors of said county to raise money by tax, for building a bridge across the Genesee river, with a remonstrance against the same, 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 Daniel T. and Thomas W. Newcomb, claiming the ownership of certain lots of land in Platt's location in the county of Clinton, and praying to be put in possession of the same, was read, and referred to the Surveyor-General. . The petition of sundry inhabitants of the county of Oswego, praying for the incorporation of a bank, to be located in the village of Oswego, 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 county of Genesee, praying for the incorporation of a company to construst a rail-road from Batavia to Buffalo, was read, and referred to the committee on rail-roads. The petition of sundry inhabitants of the county of Essex, praying the aid of the State in the construction of a road from Port Henry in said county, to Whitehall in the county of Washington, 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 Schoharic, praying for the construction of a M'Adan road by the State 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 remonstrance of sundry inhabitants of the county of Madison, against the construction of certain reservoirs in said county for the Chenango canal, was read, and referred to the committee on canals and internal improvements. The petition of sundry inhabitants of the county of Oneida, praying for the incorporation of a company to construct a rail-road from Utica to Syracuse, was read, and committed to the committee of the whole when on the bill upon that subject. The petition of sundry inhabitants of the counties of Essex and Clinton, praying for the incorporation of a company by the name and style of the Sable Iron Company, was read, and referred to the committee on trade and manufactures. The petition of sundry inhabitants of the county of Tioga, praying for the incorporation of a bank, to be located at Owego in said county, was read, and referred to the committee on the incorporation of the charters of banking and insurance companies. The petition of sundry inhabitants of the county of Tompkins, praying for an amendment of the act incorporating the Ithaca and Port Renwick Rail-Road Company, was read, and referred to the committee on rail-roads. The petition of sundry inhabitants of the county of Essex, praying for the incorporation of a company to construct a turnpike road from Chesterfield to Elizabethtown in said county, 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 town of Canajoharie in the county of Montgomery, praying for the passage of an act extending the time for the collection of taxes in said town, was read, and referred to the committee on the judiciary. The petition of sundry inhabitants of the county of Saratoga, praying for the incorporation of a company to construct a M'Adam road from Waterford to Watervliet, 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 Tompkins, praying for aid from the State in the construction of the NewYork and Erie rail-road, 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 Rensselaer, praying for the passage of an act authorising the construction of a bridge across the Hudson river opposite the city of Albany, was read, and referred to the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies. Mr. Griswold, from the committee on the erection and division of towns and counties, to which was referred the petition of sundry inhabitants of the town of Lansingburgh in the county of Rensselaer, praying to be exempted from village taxes, reported a bill, entitled "An act to relieve certain taxable inhabitants of the village of Lansingburgh;" 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. Anthony, from the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies, to which was referred the petition of sundry inhabitants of the county of Rensselaer, praying for the incorporation of a company to construct a M'Adam road from the northern termination of the Watervliet road, to Waterford, reported a bill, entitled "An act to incorporate the West-Troy and Waterford turnpike company;" 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. Wilkinson, from the committee on the incorporation and alteration of the charters of banking and insurance companies, to which was referred the engrossed bill from the Senate, entit'ed "An act to prohibit the circulation of small bills," reported, that the committee have examined the said bill, and see no reason why the same should not be passed into a law. Ordered, That the said bill be committed to a committee of the whole house. Ordered, That the resolutions with a recital heretofore offered by Mr. Roosevelt, together with the bill entitled "An act to prevent the circulation within this State of all bank notes of a less denomination than five dollars," be committed to the committee of the whole when on said bill. Mr. Burhans, from the committee on claims, to which was referred the petition of John Shiland, praying relief, reported; and offered the following resolution: [ See Document No. 214.] Resolved, That the prayer of the petitioner be denied. |