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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 engrossed bill from the senate, entitled "An act to incorporate the Clarkson and Sweden M'Adam turnpike company," 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. 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 the president, directors and company of the Bristol and Rensselaerville Turnpike Road Company, praying for an amendment of their charter, reported a bill, entitled "An act to amend an act entitled 'An act to incorporate the president, directors and company of the Bristol and Rensselaerville iurnpike road,' passed March 25th, 1808;" 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. Thorn, from the committee on the incorporation of charitable and religious societies, to which was referred the petition of the trustees of the First Congregational Society in the town of China in the county of Genesee, praying for authority to sell and convey certain of their lands, reported a bill, entitled "An act to empower the trustees of the First Congregational society in the town of China in the county of Genesee, to sell a certain lot of land in said town of China;” 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. Van Bergen, from the majority of the committee on colleges, academies and common schools, to which was referred the petition of D. M. Smith and others of the town of Stockport in the county of Columbia, praying for the incorporation of a literary institution, by the name and style of the Hudson River Seminary, reported a bill, entitled "An act to incorporate the Hudson river seminary;" 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. Van Bergen, from the select committee to which was referred the bill entitled "An act to incorporate the Kingston turnpike and rail-road 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. Wilcoxson, from the select committee to which was referred the engrossed bill from the Senate, entitled "An act to revive and continue the act entitled 'An act to incorporate the Sodus canal company, passed March 19th, 1829," reported, that the committee had gone through the said bill, and agreed to the same with

out 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, and the bill ordered to a third reading.

Thereupon,
By the unanimous consent of the House,
The said bill was read the third time.

Thereupon,
The same being amended by the unanimous consent of the House,
Ordered, That the said bill be laid upon the table.

A communication from the Comptroller was received and read, in the words following, to wit:

The Comptroller, to whom was referred by the Assembly, the memorial of the St. Regis Indians residing within the State of NewYork, respectfully reports:

[See Document No. 318.]

Ordered, That the said report be referred to the committee on Indian affairs.

Ordered, That Mr. Brooks have leave of absence for three weeks, Mr. Carr for five days, Mr. Crary for twelve days, Mr. Ogden for ten days, and Mr. Krum for four days.

On motion of Mr. Cash, Resolved, That the bill entitled "An act to confirm the last will and testament of Daniel Cameron deceased, late of the town of Delhi in the county of Delaware," be referred to a select committee to report complete.

Thereupon, Ordered, That Mr. Cash, Mr. Crain and Mr. Tomlinson, be the said committee.

Mr. Moseley gave notice, that at some future day, he should ask leave of the House to introduce a bill, to amend the act entitled “An act to authorise the formation of fire companies," passed April 23d, 1832.

On motion of Mr. Moseley, Resolved, That the committee on the judiciary inquire and report to this House, their opinion as to the expediency of so amending the forty-second section of part second, title first, chapter eighth, article third of the Revised Statutes, as to exempt from the limitation of suits therein specified, complainants unable to prosecute from want of means to carry on such suit, or from want of legal proof of the facts charged.

Mr. Tomlinson gave notice that he would hereafter ask leave to introduce a bill, in relation to notices of protests of non-acceptance or non-payment of bills of exchange and promissory notes, to the parties thereto.

Thereupon, In pursuance of the preceding notice, Mr. Tomlinson asked for, and by the unanimous consent of the House, obtained leave to bring in a bill, entitled "An act in relation to the parties to bills of ex

change and promissory notes;" which was read the first time, and by unanimous consent was also read a second time, and referred to the committee on the judiciary,

On motion of Mr. Shepard, Resolved, That the bill for the relief of the First Christian Party of the Oneida Indians, be made the special order for to-morrow.

Ordered, That the committee on the erection and division of towns and counties, be discharged from the consideration of the remonstrance of sundry inhabitants of the town of Schroon in the county of Essex, against the construction of a road from Whitehall to Port Henry; and that the same be referred to the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies.

The House then again resolved itself into a committee of the whole, on the engrossed bill from the Senate, entitled "An act to prohibit the circulation of small bills;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Palmer, from the said committee, reported, that the committee had gone through the said bill, made amendments thereto, and agreed to the same; 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. M. H. Sibley made a motion that the House should agree to amend the report of the committee of the whole, by inserting as the seventh and eighth sections of the said bill, the following:

§ 7. No incorporated bank or incorporation within this Štate, having banking powers, shall, directly or indirectly, take or receive in money, goods or things in action, or in any other way, any greater sum or greater valuc for the loan or forbearance of any money, than six dollars upon one hundred dollars for one year, and after that rate for a greater or less sum, or for a longer or shorter time.

$ 8. Any bank violating the provisions of the foregoing section, shall be deemed to have forfeited its charter.

Thereupon, Mr. Speaker decided that the said amendment was in violation of the eighth joint rule of the Senate and Assembly, and therefore out of order.

Mr. M. H. Sibley appealed from the decision of the Chair.

Mr. Speaker put the question, “Is the decision of the Chair correct?" and it was determined in the affirmative.

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The ayes and nays being required by ten members,

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Those who voted in the affirmative are

Mr. Adams
Mr. Baker
Mr. Beecher
Mr. Benjamin
Mr. Bennet
Mr. Brasher
Mr. G. Brown
Mr. Barnum
Mr. Cadwell
Mr. Carpenter
Mr. Cash
Mr. J. Clark
Mr. Clinch
Mr. Coe
Mr. Crain
Mr. Crosby
Mr. Crowe!!
Mr. Cuykendall
Mr. Davis
Mr. Dayan
Mr. Farwell
Mr. Finch
Mr. Fisher

Mr. Gray Mr. Groom Mr. Harvey Mr. J. Haskell Mr. Healy Mr. Hendee Mr. Hicks Mr. Hiller Mr. Hough Mr. Jones Mr. King Mr. Livingston Mr. Lockwood Mr. Loomis Mr. Mallory Mr. M'Neil Mr. Murphy Mr. Odell Mr. W.S. Paddock Mr. Palmer Mr. Parker Mr. Peck Mr. Pettit

Mr. Philips
Mr. Philo
Mr: Powers
Mr. Preston
Mr. Rice
Mr. Roosevels
Mr.Seger
Mr. Shepard
Mr. Simmons
Mr. Springer
Mr. Stetson
Mr. C. Strong
Mr. Suffern
Mr. Tyrrel
Mr. Van Bergen
Mr. Wager
Mr. Waldron
Mr. Wetmore
Mr. Wilcoxson
Mr. Wilkinson
Mr. Woodbury
Mr. A. Wood worth
Mr. Wylie

69

Those who voted in the negative are

Mr. Blatchly Mr. C. Clark Mr. A. Hascall Mr. Hildreth Mr. Hutchinson Mr. Ingersoll

Mr. M'Kie
Mr. Niles
Mr. Ostrom
Mr. Patterson
Mr. Richmond

Mr. D. Sibley Mr. M. H. Sibley Mr. E. Strong Mr. Tomlinson Mr. Woodward

16

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.

AYES 72
NAYS 09

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The ayes and nays being required by ten members,

Those who voted in the affirmative are

Mr. Adams Mr. Baker Mr. Beecher Mr. Benjamin Mr. Bennet

Mr. J. Haskell
Mr. Healy
Mr. Hendee
Mr. Hicks
Mr. Hildreth

Mr. Powers Mr. Preston Mr. Rice Mr. Richmond Mr. Roosevelt

443

Mr. Blatchly
Mr. Barnum
Mr. Burr
Mr. Cadwell
Mr. Carpenter
Mr. Cash
Mr. C. Clark
Mr. J. Clark
Mr. Clinch
Mr. Coe
Mr. Crosby
Mr. Crowell
Mr. Cuykendall
Mr. Dayan
Mr. Farwell
Mr. Fisher
Mr. Gray
Mr. Groom
Mr. Harvey

Mr. Hiller

Mr. Seger
Mr. Hough

Mr. Shepard
Mr. Hutchinson Mr. Simmons
Mr. Jones

Mr. Speaker
Mr. King

Mr. Springer
Mr. Livingston

Mr. Stetson
Mr. Loomis

Mr. C. Strong
Mr. M'Neil

Mr. E. Strong
Mr. Murphy

Mr. Suffern
Mr. Niles

Mr. Tomlinson
Mr. Odell

Mr. Tyrrel
Mr. W. S. Paddock Mr. Van Bergen
Mr. Palmer

Mr. Wager
Mr. Parker

Mr. Wetmore
Mr. Patterson Mr. Wilcoxson
Mr. Peck

Mr. Wilkinson
Mr. Pettit

Mr. Woodbury
Mr. Phillips

Mr. Woodward
Mr. Philo

Mr. Wylie

72

Those who voted in the negative are

Mr. Davis
Mr. A. Hascall
Mr. Lockwood

Mr. Mallory
Mr. M'Kie
Mr. Ostrom

Mr. D. Sibley
Mr. M. H. Sibley
Mr. A. Woodworth 9

Thereupon, The amendments were ordered to be engrossed, and the bill ordered to a third reading.

Mr. Peck, from the committee on engrossed bills, reported, that the committee had examined the engrossed bill entitled "An act for the relief of Chauncey Persons,” and find the same correctly engrossed.

Ordered, That the said bill 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 compensate Samuel Farwell for services rendered the State upon the Erie canal;” and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Van Bergen, from the said committee, 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.

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