Ordered, That the clerk return the said bill to the Senate, and inform them that this House have passed the same without amend

ment.

A message from the Governor, delivered by his private secretary, was read, in the words following, to wit:

GENTLEMEN,

TO THE ASSEMBLY.

I have this day approved and signed the bill entitled "An act to incorporate the Peaconic navigation company." Also the bill entitled "An act to extend the time for the collection of taxes in the town of Great-Valley, and for other purposes." W. L. MARCY.

Albany, March 10, 1835.

Ordered, That Mr. Warren have leave of absence for ten days. The House then again resolved itself into a committee of the whole, on the bill entitled "An act to aid and expedite the construction of a rail-road from Lake Erie to New-York, through the southern tier of counties;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Judd, from the said committee, reported progress, and asked for and obtained leave to sit again.

And then the House adjourned until ten o'clock to-morrow morning.

WEDNESDAY, MARCH 11, 1835.

The House met pursuant to adjournment.

Three several petitions of sundry inhabitants of the counties of Seneca and Cayuga, praying for authority to raise money for the support of the free bridge across the Seneca river, were 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 Wayne, praying for an amendment of the excise law, was read, and committed to the committee of the whole when on the bill upon that subject.

The remonstrance of sundry inhabitants of the town of Lansingburgh in the county of Rensselaer, against the incorporation of the West-Troy and Waterford Turnpike Road Company, 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 Montgomery, praying for the survey of a canal route from the Sacandaga river to the Erie or Champlain canal, was read, and referred to the committee on canals and internal improvements.

The petition of sundry inhabitants of the county of Washington, praying for the incorporation of the Union Rail-Road Company, was read, and committed to the committee of the whole when on the bill upon that subject.

The petition of sundry inhabitants of the towns of Sempronius and Niles, praying for the passage of an act providing for the more equal distribution of the monies arising from their gospel and school lot, was read, and referred to a select committee, consisting of the members attending this House from the county of Cayuga.

The petition of sundry inhabitants of the county of Genesec, praying for the incorporation of a bank, to be located at Le Roy 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 sundry inhabitants of the county of Washington, praying for the passage of an act authorising the town of Granville in said county, to raise money by tax, to discharge a contract for building and repairing bridges in said town, was read, and referred to a select committee, consisting of the members attending this House from the county of Washington.

The petition of sundry inhabitants of the town of Canajoharie in the county of Montgomery, praying for remuneration for damages alleged to have been sustained in consequence of the construction of the dam bridge pier on the Erie canal, was read, and referred to the committee on canals and internal improvements.

The petition of sundry inhabitants of the county of Rockland, praying for the passage of an act in relation to the enclosing of certain woodlands in said county, was read, and referred to the select committee on that subject, of which Mr. Suffern is chairman.

Mr. Burhans, from the committee appointed in pursuance of the fifty-first rule of this House, to examine all bills committed to a committee of the whole, and to report such bills as in their unanimous opinion may with propriety be referred to select committees. to report complete, reported the following bills as proper for such reference, to wit:

The bill entitled "An act relative to grants of land under water in the counties of Suffolk, Queens and Kings;" the bill entitled "An act to incorporate the Oxford and Cortlandville turnpike company;" the bill entitled "An act regulating sales at public auction in the city of Utica;" the bill entitled "An act to incorporate the Ithaca Mechanics' society;" the bill entitled "An act to amend an act entitled 'An act to incorporate the Payne's bridge company,'

passed May 5th, 1834;" the bill entitled "An act to revive and continue the act entitled 'An act authorising John Wall to erect a toll-bridge across the Oswego river,' passed April 20th, 1830;" the bill entitled "An act to exempt females from imprisonment on executions issued for costs only;" the bill entitled "An act to amend an act entitled 'An act to incorporate the Croton turnpike company,' passed April 6th, 1807;" and the bill entitled "An act to erect a new town from parts of the towns of Angelica, Almond and Alfred in the county of Allegany."

Thereupon,

Ordered, That the committee of the whole be discharged from the consideration of the said several bills, and that the bill entitled "An act relative to grants of land under water in the counties of Suffolk, Queens and Kings," be referred to a select committee, consisting of Mr. Jackson, Mr. Roosevelt and Mr. Phillips; that the bill entitled "An act to incorporate the Oxford and Cortlandville turnpike company," be referred to a select committee, consisting of Mr. Niles, Mr. Harvey and Mr. Crain; that the bill entitled "An act regulating sales at public auction in the city of Utica," be referred to a select committee, consisting of Mr. Hough, Mr. W. Woodworth and Mr. Ogden; that the bill entitled "An act to incorporate the Ithaca Mechanics' society," be referred to a select committec, consisting of Mr. Williams, Mr. Fisher and Mr. Mallory; that the bill entitled "An act to amend an act entitled 'An act to incorporate the Payne's bridge company,' passed May 5th. 1834," be referred to a select committee, consisting of Mr. Brasher, Mr. Conklin and Mr. Suffern; that the bill entitled “An act to revive and continue the act entitled 'An act authorising John Wall to erect a toll-bridge across the Oswego river,' passed April 20th, 1830," be referred to a select committee, consisting of Mr. Parker, Mr. Palmer and Mr. Crowell; that the bill entitled "An act to exempt females from imprisonment on executions issued for costs only," be referred to a select committee, consisting of Mr. Pettit, Mr. Dayan and Mr. A. Hascall; that the bill entitled "An act to amend an act entitled 'An act to incorporate the Croton turnpike company,' passed April 6th, 1807," be referred to a select con/mittee, consisting of Mr. Lockwood, Mr. Crosby and Mr. Denniston; and that the bill entitled "An act to erect a new town from parts of the towns of Angelica, Almond and Alfred in the county of Allegany," be referred to a select committee, consisting of Mr. Burr, Mr. Baker and Mr. Moseley, to be by the said committees severally reported complete.

Mr. Phillips, 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 Orleans, praying for the passage of an act authorising and requiring the supervisors of said county to raise one thousand dollars, to make a road across the Tonawanda swamp in said county, reported a bill, entitled "An act authorising the board of supervisors of the county of Orleans to raise money to make a road across Tonawanda swamp in the town of Barre in said county;"

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. Coe, from the committec on the incorporation of charitable and religious societies, to which was referred the petition of the wardens and vestrymen of St. John's Church in Johnson's settlement in the county of Tioga, praying for authority to sell and dispose of certain real estate, reported a bill, entitled "An act authorising the trustees of St. John's church in the county of Tioga, to sell a church lot;" which was read the first time, and by unanimous consent was also read a second time, and committed to a cominittee 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 Allegany, praying for the passage of an act authorising the supervisors of said county to raise money for the construction of a bridge across the Genesee river at Portageville in said county, reported a bill, entitled "An act to authorise the supervisors of the county of Allegary to raise money to build a bridge over the Genesce river at Portageville;" 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. Wetmore, from the committee on colleges, academies and common schools, to which was referred a resolution of the Assembly adopted on the second instant, in the following words:

"Resolved, That the committee on colleges, academies and common schools, be instructed to inquire into the expediency of so amending the law in relation to common schools, as to provide for the payment of the school bills of indigent persons by a tax on the taxable property in the respective districts, in place of the manner now provided by law:"

Reported; and offered the following resolutions:

[See Document No. 281.]

Resolved, That the Superintendent of Common Schools be requested to report to this House during the present session, whether or not, in his opinion, it is advisable so to amend the law relating to common schools, as to provide for the payment of the school bills of indigent persons by a tax on the taxable property in the respective school districts.

Resolved, That the committee on colleges, academies and common schools, be discharged from the further consideration of the resolution of the second instant.

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

Mr. Palmer, from the committee on the erection and division of towns and counties, to which was referred the petition of sundry inhabitants of the county of Wayne, praying for the erection of a new county from parts of the counties of Wayne and Ontario, [ASSEMBLY JOURNAL.]

46

reported, that in the opinion of the committee, the prayer of the petitioners ought not to be granted.

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. Harvey, from the committee on the erection and division of towns and counties, to which was referred the petition of sundry inhabitants of the county of Otsego, praying that part of the town of Davenport in the county of Delaware, may be annexed to the county of Otsego, reported a bill, entitled “An act to annex a part of the town of Davenport, and a part of the town of Franklin in the county of Delaware, to the town of Oneonta in the county of Otsego, and to annex a part of the town of Davenport to the town of Meredith in Delaware county;" 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. Wylie, from the committee on the incorporation of cities and villages, to which was referred the petition of sundry inhabitants of the county of Tioga, praying for the incorporation of the village of Havana in said county, reported a bill, entitled "An act to incorporate the village of Havana in the county of Tioga;" which was read the first time, and by unanimous consent was also read a a second time, and committed to a committee of the whole house. Mr. Burke, from the majority of the committee on colleges, academies and common schools, to which was referred the engrossed bill from the Senate, entitled "An act to amend an act to incorporate the New-Paltz academy, passed April 12th, 1833," 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.

Mr. Roosevelt, from the committee on rail-roads, to which was referred the petition of sundry inhabitants of the counties of Cayuga and Tompkins, for a rail-road from Auburn to Ithaca, reported a bill, entitled "An act to construct a rail-road from Auburn to Ithaca;" 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. King, from the select committee to which was referred the petitions of sundry inhabitants of the county of St. Lawrence, praying an alteration of the poor laws for that county, reported; and asked leave to introduce a bill.

[See Document No. 285.]

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

Mr. King, according to leave, brought in the said bill, entitled "An act relating to the support of paupers in St. Lawrence county;" 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.