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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 cntitled '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 he 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 2012, 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 entiiled “An act to amend an act entitled 'An act to incorporate the Croton turnpike company,' passed April 6th, 1807," be referred to a select conimittee, 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 ia 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 committoc 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 cominit. tee 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 inoncy 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 Allegar.y 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 Decument No. 281.]

Resalved, 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 tile 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 commitred to a committce 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 bilt 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 tir Ithaca;" which was read the first time, and by unanimous consent was also read a second tinie, and committed to a committee of the whole house.

Mr. King, from the setect 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.

S [See Document No. 285. I

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

Mr. King, according to leave, brought in the said bil, 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.

Mr. Wager, from the select committee to which was referred the bill entitled "An act to amend an act to incorporate the Oneida Jake canal company," reported, that the committee had gone through the said bill, and agreed to the same without amendment; 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.

Mr. Lockwood, from the select committee to which was referred the engrossed bill from the Senate, entitled "An act to amend an act entitled 'An act to incorporate the Croton turnpike company,' passed April 6th, 1807," reported, that the committee have examined the said bill, and see no reason why the same should not be, passed into a law, and recommend that it be ordered to a third reading.

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

Thereupon,
The said bill was read the third time.

Mr. Spcaker put the question whether the House would agree to the final passage of the said bill, and it was determined in the affirmative, two-thirds of all the members elected to this House voting in favor thereof, as follows, to wit:

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Mr. Anthony
Mr. Baker
Mr. Beecher
Mr. Benjamin
Mr. Bemet
Mr. Blatchly
Mr. Brasher
Mr. A. Brown
Mr. G. Brown
Mr. Burhans
Mr. Burke
Mr. Barnum
Mr. Cadwell
Mr. Carr
Mr. Cash
Mr. A. Clark
Mr. C. Clark
Mr. Coe
Mr. Conklin
Mr. Crain
Mr. Crary

Mr. Healy
Mr. Hendee
Mr. Hicks
Mr. Hildreth
Mr. Hillyer
Mr. Hough
Mr. Hutchinson
Mr. Ingersoll
Mr. Jackson
Mr. Jones
Mr. Judd
Mr. Kent
Mr. King
Mr. Krum
Mr. J. W. Lewis
Mr. Livingston
Mr. Lockwood
Mr. Loomis
Mr. Mallory
Mr. M'Cluer
Mr. M'Kie

Mr. Phillips
Mr. Philo
Mr. Plumb
Mr. Powers
Mr. Preston
Mr. Richmond
Mr. Ringgold
Mr. Seger
Mr. Shepard
Mr. D. Sibley
Mr. M. H. Sibley
Mr. Speaker
Mr. Springer
Mr. Stetson
Mr. C. Strong
Mr. E. Strong
Mr. Suffern
Mr. Thorn
Mr. Tillinghast
Mr. Tomlinson
Mr. Tyrrel

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Mr. Crosby
Mr. Crowell
Mr. Cuykendall
Mr. Davis
Mr. Denniston
Mr. Eldredt
Mr. Farwell
Mr. Finch
Mr. Fisher
Mr. Griswold
Mr. Groom
Mr. Hall
Mr. Harvey

Mr. M'Neil

Mr. Van Bergers
Mr. Moore

Mr. Wager
Mr. Moseley

Mr. Waldron
Mr. Niles

Mr. Whecler
Mr. Ouell

Mr. Wilcoxson
Mr. Ogden

Mr. Wilkinson
Mr. Ostrom

Mr. Williams
Mr. P. W. Paddock Mr. Woodbury
Mr. W. S. Paddock Mr. Woodward
Mr. Palmer

Mr. A. Woodworth
Mr. Parker

Mr. W. Woodworth
Mr. Patterson Mr. Wylie
Mr. Pettit

101

Those who voted in the negative are

Mr. Clinch

Mr. J. Haskell

Mr. Wetmore

3

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

Mr. Livingston, from the committee on the judiciary, to which was referred the petition of S. H. Greenman, for the passage of a law authorising him to take the oath of office as a commissioner of deeds in the town of Skaneateles in the county of Onondaga, reported a bill, entitled "An act authorising Samuel H. Greenman of Onondaga county, to take the oath of office as a commissioner of deeds for 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.

A communication from William B. Van Benthuisen, was rcceived and read, in the words following, to wit:

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Albany, March 17, 1835. To the Hon. Charles HUMPHREY,

Speaker of the Assembly. SIR, Having accepted an appointment which will require my undivided attention, I consider it my duty to resign the uffice of member of the Assembly of this State; which resignation you will please to communicate to the House. I have the honor to be, Very respectfully, Your obedient servant,

W. B. VAN BENTHUISEN,

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

Mr. Suffern, from the committee on engrossed bills, reported, that the committee had examined the engrossed bill entitled "An act in relation to the boundaries of school district number two in the city of Rochester and county of Monroe;" the engrossed bilt entitled

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