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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 lhe 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-ruad 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.

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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. A. Brown
Mr. Barnum
Mr. Cadwell
Mr. Carpenter
Mr. Carr
Mr. A. Clark
Mr. Clinch
Mr. Conklin
Mr. Crain
Mr. Crosby
Mr. Crowell
Mr. Cuykendall
Mr. Dayan
Mr. Griswold
Mr. Groom
Mr. Harvey
Mr. J. Haskell

Mr. Hicks
Mr. Hiller
Mr. Hillyer
Mr. Horton
Mr. Hough
Mr. Jackson
Mr. King
Mr. Krum
Mr. T. Lewis
Mr. Lockwood
Mr. Loomis
Mr. Lytle
Mr. M'Kie
Mr. Moore
Mr. Murphy
Mr. Odell
Mr. Ostrom
Mr. P. W. Paddock
Mr. W. S. Paddock
Mr. Palmer
Mr. Parker

Mr. Pettit
Mr. Phillips
Mr. Philo
Mr. Powers
Mr. Preston
Mr. Richmond
Mr. Ringgold
Mr. Seger
Mr. Shafer
Mr. Shepard
Mr. Stetson
Mr. Stevens
Mr. Tillinghast
Mr. Tyrrel
Mr. Van Bergen
Mr. Wager
Mr. Waldron
Mr. Wilcoxson
Mr. Wilkinson
Mr. A. Woodworth
Mr. Wylie

63

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Thereupon, The House then again resolved itself into a committee of the whole, on the said bil; and after some time spent thereon, MrSpeaker 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 direcsed 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, Tue 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,

1

NAYS 617

| AYES 47 ) The ayes and nays being required by ten members,

{AYES

Those who voted in the negative are

Mr. Adams
Mr. Beecher

Mr. Horton
Mr. Hough

Mr. Phillips
Mr. Philo

Mr. Benjamin Mr. Brooks Mr. Barnum Mr. Cadwell Mr. Carpenter Mr. Carr Mr. Clinch Mr. Conklin Mr. Crain Mr. Crosby Mr. Crowell Mr. Cuykendall Mr. Dayan Mr. Griswold Mr. Groom Mr. Harvey Mr. J. Haskell Mr. Hicks Mr. Hiller

Mr. Jackson
Mr. King
Mr. Krum
Mr. T. Lewis
Mr. Livingston
Mr. Lockwood
Mr. Loomis
Mr. Lytle
Mr, M'Kie
Mr. Moore
Mr. Murphy
Mr. Odell
Mr. Ostrom
Mr. P. W. Paddock
Mr. W, S. Paddock
Mr. Palmer
Mr. Parker
Mr. Pettit

Mr. Powers
Mr. Preston
Mr. Richmond
Mr. Ringgold
Mr. Seger
Mr. Shafer
Mr. Shepard
Mr. Springer
Mr. Stetson
Mr. Stevens
Mr. Tillinghast
Mr. Van Bergen
Mr. Wager
Mr. Waldron
Mr. Wilcoxson
Mr. Wilkinson
Mr. A. Wood worth
Mr. Wylie

61

Those who voted in the affirmative are

Mr. Anthony Mr. Baker Mr. Bennet Mr. Blatchly Mr. A. Brown Mr. G. Brown Mr. Burhans Mr. Burke Mr. Burr Mr. Cash Mr. A. Clark Mr. C. Clark Mr. J. Clark Mr. Coe Mr. Crary Mr. Denniston

Mr. Eldred Mr. Farwell Mr. Finch Mr. Fisher Mr. Hall Mr. A. Hascall Mr. Healy Mr. Hendee Mr. Hildreth Mr. Hutchinson Mr. Ingersoll Mr. Jones Mr. Mallory Mr. M'Cluer Mr. M'Neil Mr. Niles

Mr. Ogden Mr. Patterson Mr. Peck Mr. Roosevelt Mr. D. Sibley Mr. M. H. Sibley Mr. Speaker Mr. C. Strong Mr. E. Strong Mr. Suffern Mr. Tyrrel Mr. Wetmore Mr. Williams Mr. Woodbury Mr. Woodward

Thereupon, 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.

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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. Barnum Mr. Cadwell Mr. Carpenter Mr. Carr Mr. Cliuch Mr. Conklin Mr. Crosby Mr. Crowell Mr. Cuykendall Mr. Dayan Mr. Griswold Mr. Groom Mr. Harvey Mr. J. Haskell Mr. Hicks Mr. Hiller Mr. Horton

Mr. Hough Mr. Jackson Mr. King Mr. Krum M: T. Lewis Mr. Livingston Mr. Lockwood Mr. Loomis Mr. Lytle Mr. M'Kie Mr. Moore Mr. Murphy Mr. Odell Mr. Ostrom Mr. P. W. Paddock Mr. W. S. Paddock Mr. Palmer Mr. Parker Mr. Pettit Mr. Phillips

Mr. Philo
Mr. Powers
Mr. Preston
Mr. Richmond
Mr. Ringgold
Mr. Seger
Mr. Shafer
Mr. Shepard
Mr. D. Sibley
Mr. Springer
Mr. Stetson
Mr. Stevens
Mr. Tillinghast
Mr. Van Bergen
Mr. Wager
Mr. Waldron
Mr. Wilcoxson
Mr. Wilkinson
Mr. A. Wood worth
Mr. Wylie

61

Those who voted in the negative are

Mr. Anthony Mr. Baker Mr. Bennet Mr. Blatchly Mr. A. Brown Mr. G. Brown Mr. Burhans Mr. Burr Mr. Cash Mr. A. Clark Mr. C. Clark Mr. J. Clark Mr. Coe Mr. Crain Mr. Crary Mr. Denniston

Mr. Eldred
Mr. Farwell
Mr. Finch
Mr. Fisher
Mr. Hall
Mr. A. Hascall
Mr. Healy
Mr. Hendee
Mr. Hildreth
Mr. Huichinson
Mr. Ingersoll
Mr. Jones
Mr. Mallory
Mr. M'Cluer
Mr. M'Neil

Mr. Niles
Mr. Ogden
Mr. Patterson
Mr. Peck
Mr. Roosevelt
Mr. M. H. Sibley
Mr. Speaker
Mr. C. Strong
Mr. E. Strong
Mr. Suffern
Mr. Tyrrel
Mr. Wetmore
Mr. Williams
Mr. Woodbury
Mr. Woodward

46

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

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