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Thereapon, By the unanimous consent of the House, the said engrossed bill was read the third tiine.

Resolved, That the bill do pass.

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

Ordered, That Mr. C. Clark have leave of absence for twelve days, Mr. Hough for one week, Mr. Niles for twelve days, Mr. Odell for two weeks, Mr. Palmer for ten days, and Mr. Peck for six days.

Mr. Tomlinson gave notice that he would, on some future day, ask leave to introduce a bill for the appointment of a Supreme Court commissioner, to reside in the village of Keeseville, county of Essex,

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

Resolved, That the bill entitled "An act to aid and expedite the construction of a rail-road from Lake Erie to the city of New York, through the southern tier of counties,” be the order of the day for Tuesday of next week.

Mr. Speaker put the question whether the House would agree to the said resolution, and it was determined in the affirmative.

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The ayes and nays being required by ten members,

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Mr. Anthony
Mr. Baker
Mr. Barnes
Mr. Bennet
Mr. Blatchly
Mr. Brasher
Mr. A. Brown
Mr. Burhans
Mr. Burke
Mr. Barnum
Mr. Burr
Mr. Cash
Mr. A. Clark
Mr. J. Clark
Mr. Clinch
Mr. Coe
Mr. Crary
Mr. Crosby
Mr. Davis
Mr. Denniston
Mr. Eldred
Mr. Finch

Mr. Fisher

Mr. Plumb
Mr. Griswold

Mr. Preston
Mr. A. Hascall Mr. Quackenboss
Mr. J. Haskell Mr. Rice
Mr. Healy

Mr. Ringgold
Mr. Herttell

Mr. Roosevelt
Mr. Hildreth

Mr. D. Sibley
Mr. Hillyer

Mr. M. H. Sibley
Mr. Horton

Mr. Speaker
Mr. Ingersoll Mr. Siotson
Mr. Judd

Mr. Suffern
Mr. Kent

Mr. Thorn
Mr. Livingston

Mr. Tomlinson
Mr. Mallory

Mr. Tyrrel
Mr. M'Cluer

Mr. Van Bergen
Mr. M'Neil

Mr. Waldron
Mr. Moore

Mr. Warren
Mr. Moseley

Mr. Wheeler
Mr. Ogden

Mr. Williams
Mr. P. W. Paddock Mr. Woodward
Mr. Patterson
Mr. Phillips

Mr. Wylie

Mr. W. Woodworth

66

Those who voted in the negative are

Mr. Adams
Mr. Beecher
Mr. Benjamin
Mr. Brooks
Mr. Cadwell
Mr. Carpenter
Mr. Carr
Mr. Conklin
Mr. Crain
Mr. Crowell
Mr. Cuykendall
Mr. Farwell
Mr. Gray
Mr. Groom
Mr. Hall

Mr. Harvey
Mr. Hendee
Mr. Hicks
Mr. Hiller
Mr. Jackson
Mr. King
Mr. Krum
Mr. T. Lewis
Mr. Lockwood
Mr. Loomis
Mr. Lytle
Mr. M'Kie
Mr. Murphy
Mr. Ostrom

Mr. W. S. Paddock
Mr. Pettit
Mr. Powers
Mr. Richmond
Mr. Seger
Mr. Shafer
Mr. Shepard
Mr. Springer
Mr. C. Strong
Mr. Tillinghast
Mr. Van Benthuisen
Mr. Wager
Mr. Wilcoxson
Mr. Wilkinson

43

On motion of Mr. Roosevelt, Resolved, That the Canal Commissioners be requested to prepare and report to this House, at as early a day as conveniently may be, a statement shewing the average relative cost per mile of canals and rail-roads, the average relative expense annually of repairs and superintendence, and the average relative charges, per ton or other given quantity, for transportation; and also whether, in their opinion, any and what articles of produce, merchandize or manufacture, can or cannot (having a due regard to the saving of time as well as other circumslances) be more advantageously conveyed by rail-roads than by canals, with the reasons for their opinion, and such observations on the general subject of this resolution as they may deem appropriate to guide the action of the Legislature in reference thereto.

The House then proceeded to the consideration of the resolution heretofore offered by Mr. Cash; the same was again read, in the words following, to wit:

Resolved, that this House will, on and after Monday next, until the end of the session, meet at ten o'clock in the forenoon.

Mr. Speaker put the question whether the House would agree to the said resolution, and it was determined in the affirmative.

On motion of Mr. Gray, Resolved, That the memorial and other papers opposing the claim of Nathan Bumpus and others, which were presented to the Legislature at the last session, be referred to the committee of the whole when on that subject.

Mr. Brasher gave notice that he would, at some future day, ask leave to introduce a bill for the appointment of a public administrator in the city of Brooklyn.

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

Resolved, (if the honorablc the Senate concur herein,) That in addition to the books already directed by concurrent resolution at

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this session to be sent to the British government, the following books be likewise procured and sent to the British government, in the manner directed by the said concurrent resolution, that is to say, one copy of all the published reports of adjudged cases in ous supreme court and of equity and criminal courts.

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

The House then again resolved itself into a committee of the whole, on the bill entitled “An act to define the powers and regulate the proceedings of rail-road corporations;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Wilkinson, from the said committee, reported progress, and asked for leave to sit again.

Thereupon, For want of a quorum, the Speaker adjourned the House till eleven o'clock to-morrow morning,

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TUESDAY, FEBRUARY 24, 1835.

The House met pursuant to adjournment.

The petition of sundry inhabitants of the county of Erie, 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 Orlando Allen of the county of Erie, praying to be appointed a pawnbroker for the city of Buffalo, subject to the provisons of the Revised Statutes, was read, and referred to the committee on the judiciary.

Two several petitions of sundry inhabitants of the counties of Orange and Cattaraugus, 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.

Two several petitions of sundry inhabitants of the city of NewYork, praying for an alteration of the law regulating the inspection of flour, for the benefit of those who actually inspect flour in said city, were 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 Dutchess and Ulster, praying for the incorporation of a bank, to be located in the village of Ulster in the county of Ulster, 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 Tioga, praying for the repeal of the law which exempts property belonging to the clergy and religious societies from taxation, was read, and referred to the committee on ways and means.

The petition of sundry inhabitants of the county of Sullivan, praying for the repeal of the law prohibiting botanic practice, was read, and committed to the committee of the whole when on the bill

upon that subject.

The petition of sundry dealers in lumber in the city of NewYork, praying for the passage of an act authorising the appointment of an additional inspector of lumber in said city, was read, and referred to the select committee on that subject, of which Mr. Clinch is chairman.

The remonstrance of sundry inhabitants of the county of Oneida, against restricting the circulation of small bills, was read, and committed to the committee of the whole when on the bill upon that subject.

The petition of sundry inhabitants of the city of New York, praying for the construction of the Olean canal, was read, and referred to the committee on canals and internal improvements.

The remonstrance of sundry inhabitants of the city of Buffalo, against an alteration of the charter of said city, was read, and committed to the committee of the whole when on the bill upon that subject.

The remonstrance of sundry inhabitants of the county of Cortland, against the incorporation of a bank in said county, was read, and referred to the committee on the incorporation of the charters of banking and insurance companies.

The remonstrance of sundry inhabitants of the village of Clinton in the county of Clinton, against the incorporation of said village, was read, and referred to the committee on the incorporation of cities and villages.

The petition of D. T. Newcomb and others of the county of Essex, contractors for the construction of the Cedar Point road, praying for such relief as the Legislature in their wisdom may think fit to grant them, was read, and referred to the committee on claims.

The petition of the president, directors and company of the Mechanics' and Farmers' Bank of Albany, praying for an amendment of their charter, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance companies.

The remonstrance of William Prince and others of Flushing in the county of Queens, against the petition of Elijah Peck for leave to erect a dock in Flushing creek, unless subject to certain restrictions, was read, and committed to the committee of the whole when on the bill upon that subject.

The petition of Charles M’Lain and others of the county of Broome, praying for the reappraisal of certain lots of land therein mentioned, was read, and referred to the committee on public lands.

The petition of sundry inhabitants of Glenville in the county of Schenectady, praying for the passage of an act authorising the removal of certain obstructions in the passing of the bridge across the Mohawk, or a reduction of toll, was read, and referred to the committee on rail-roads.

The petition of sundry inhabitants of the town of Niagara in the county of Niagara, praying for 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 New York and Brooklyn, praying for the establishment of a steam-boat ferry between said cities, to be called the South Ferry, was read, and committed to the committee of the whole when on the bill upon that subject.

Mr. Moseley, from the committee on Indian affairs, to which was referred numerous memorials from the counties of Onondaga and Cortland, prayicg for a grant from the State of the sum of two thousand dollars, for the purpose of improving a road through the lands of the Onondaga Indians, reported; and recommended that the prayer of the petitioners be denied.

[See Document No. 225.) Ordered, That the said report be laid upon the table.

Mr. Cuykendall, from the committee on claims, to which was referred the petition of Uriah Jacobs, praying for compensation for revolutionary services, reported; and offered the following resolution:

[See Document No. 224.] Resolved, That the prayer of the petitioner, Uriah Jacobs, be denied.

Mr. Speaker put the question whether the House would agree to the said resolution, and it was determined in the affirmative.

Mr. Adams, from the committee on grievances, to which was referred the petition of Nathaniel Pitcher and others, asking relief for Plynn Darby, reported; and recommended that the prayer of the petitioners be denied.

[See Document No. 227.]

Mr. Speaker put the question whether the House would agree with the committee in their said report, and it was determined in the affirmative.

Mr. M'Cluer, from the committee on trade and manufactures, to which was referred the petition of sundry inhabitants of the county of Essex, praying for the incorporation of the Sable Iron Company, to be located at the village of Sable-Forks in said county, reported a bill, entitled “An act to incorporate the Sable iron 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. Adams, from the committee on grievances, to which was referred the petition of George Kinsella, asking for a compensation for damages sustained by the construction of the Erie canal, re. ported; and recommended that the prayer of the petitioner be denied.

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