Ordered, That the clerk deliver the said several bills to the Senate, and request their concurrence in the same. Ordered, That the committee on the judiciary be discharged from the consideration of the petition of Orlando Allen, relative to his appointment as pawnbroker in the city of Buffalo; and that the petitioner have leave to withdraw his petition. The engrossed bill entitled "An act to amend article second, title fifth, chapter sixth, part third of the Revised Statutes, entitled 'Of executions against property,' 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. The annual report of George P. Hudson, an inspector of sole leather in the county of Chenango, was received and read. [See Document No. 328.] Ordered, That the said report be referred to the committee on trade and manufactures. Mr. Suffern, from the committee on engrossed bills, reported, that the committee have examined the engrossed bill entitled "An act further to amend the act to incorporate the Hamilton and Skaneateles turnpike company;" the engrossed bill entitled "An act repealing an act authorising the appointment of a justice of the peace for the fifth ward of the city of Albany, passed April 5th. 1828;" the engrossed bill entitled "An act to authorise the supervisors of the county of Yates to raise an additional sum of money to complete the court-house and jail, and for other purposes;" and the engrossed bill entitled "An act to change the name of the Genesee and Oneida conferences, and for other purposes;" and find the said bills severally correctly engrossed. Ordered, That the said bills be laid upon the table. Mr. Wylie gave notice that he would, at some future day, ask leave to introduce a bill to amend an act to incorporate the village of Palmyra in the county of Wayne, passed March 29th, 1827, and the several acts amending the same. In pursuance of previous notice, Mr. A. Clark 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 village of Gaines in Orleans county;" which was read the first time, and by unanimous consent was also read a second time, and referred to a select committee, consisting of Mr. A. Clark, Mr. Hall and Mr. Crain, to report complete. Ordered, That the committee of the whole be discharged from the consideration of the bill entitled "An act establishing and regulating a ferry across Hudson river, from Haverstraw in Rockland county, to Peekskill in Westchester county;" and the bill entitled "An act establishing and regulating a ferry across Hudson river, from the village of Peekskill in Westchester county, to Haverstraw in Rockland county;" and that the said bills be ordered to be engrossed. On motion of Mr. Hall, Resolved, That the bil! entitled "An act to extend the time for completing the New-York and Harlem rail-road, and for other purposes, be recommitted to the select committee to which the same was referred from the committee of nine. On motion of Mr. J. Haskell, Resolved, That the Attorney-General be requested to report to this House, whether, in his opinion, the Legislature of this State can, with the concurrence of the common council of the city of New-York, grant to any private individuals, or to a company, the exclusive right of any portion of the public streets of that city, for the purpose of collecting tolls thereon, without an infringement of the rights secured to every citizen by the charter of that city. On motion of Mr. Wager, Resolved, That when this House adjourns, it will adjourn to meet again, this afternoon at four o'clock, for the purpose of going into committee of the whole upon the unfinished business of yesterday. Mr. Fisher offered for the consideration of the House, a resolution, in the words following, to wit: Resolved, That the vote on the question of the final passage of the bill relating to equalizing the wards in the city of Albany, be reconsidered. Ordered, That the said resolution be laid upon the table. And then the House adjourned till four o'clock this afternoon. FOUR O'CLOCK P. M. The House met pursuant to adjournment. 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 the city of New-York, through the southern tier of counties;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Murphy, from the said committee, reported, that the committee had disagreed to the first section of the said bill; 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, Thereupon, Mr. Wager made a motion that the House should agree to recommit the said bill to a committee of the whole house. Mr. Speaker put the question whether the House would agree to the said motion of Mr. Wager, and it was determined in the affirmative. AYES 63 {NAYS 48 The ayes and nays being required by ten members, Those who voted in the affirmative are Mr. Adams Mr. Beecher Mr. Benjamin Mr. Brooks Mr. Conklin Mr. Crain Mr. Crosby Mr. Cuykendall Mr. Groom Mr. Harvey Mr. J. Haskell Mr. Hicks Mr. Hiller Mr. T. Lewis Mr. P. W. Paddock Mr. Parker Mr. Pettit Mr. Wilcoxson Mr. A. Woodworth Mr. Patterson Mr. Peck Mr. Quackenboss Mr. Roosevelt Mr. D. Sibley Mr. M. II. Sibley Mr. Simmons Mr. Speaker Mr. C. Strong Mr. E. Strong Mr. Suffern Mr. Thorn Mr. Wetmore Mr. Williams Mr. Woodbury Mr. Woodward 63 48 The House then again resolved itself into a committee of the whole, on the said bill; and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Murphy, from the said committee, reported, that the committee had disagreed to the enacting clause of the said bill; 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. Thereupon, Mr. Ogden made a motion that the House should agree to amend the report of the committee of the whole, by restoring the enacting clause of the said bill, and inserting the following as an amendment to the first section of the said bill, after the word "have," where it occurs in the second section thereof: "Constructed and completed a good and substantial rail-road, with a single track, from a point on the Delaware and Hudson canal, to a point in the county of Broome, which shall be as far west as the village of Binghamion, the comptroller of this State shall issue and deliver to the said company, special certificates of stock to the amount of five hundred thousand dollars, bearing an interest of four and a half per cent per annum, payable quarter-yearly; and when the said company shall in like manner have constructed and completed a rail-road with a single track, from the point last aforesaid to a point in the county of Tioga, which shall be as far west as the village of Elmira, the comptroller shall issue and deliver to the said company, special certificates of stock in the further sum of five hundred thousand dollars, bearing the like interest, and payable as aforesaid; and when the said company shall in like manner have constructed and completed a rail-road with a single track, from the point last aforesaid to a point in the county of Cattaraugus, which shall be as far west as the village of Olean, the comptroller shall issue and deliver to the said company, special certificates of stock in the further sum of five hundred thousand dollars, bearing the like interest, and payable as aforesaid; and when the said company shall in like manner have constructed and completed a rail-road with a single track, from the point last aforesaid to Lake Erie, the comptroller shall issue and deliver to the said company, special certificates of stock in the further sum of five hundred thousand dollars, bearing the like interest, and payable as aforesaid; provided the comptroller shall be satisfied that the said road will afford sufficient security to indemnify the State." Thereupon, The question being divided, Mr. Speaker put the question whether the House would agree to amend the report of the committee of the whole, by restoring the enacting clause of the said bill, and it was determined in the negative, NAYS 61 The ayes and nays being required by ten members, Those who voted in the affirmative are Mr. Powers Mr. Wilcoxson 61 Mr. Denniston Thereupon, 47 Mr. Speaker put the question whether the House would agree with the committee of the whole in their report, and it was determined in the affirmative. The ayes and nays being required by ten members, |