Page images
PDF

bill entitled “An act for the relief of purchasers of lots at Oneida Castleton,” 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. Moore, from the select committee to which was referred the bill entitled “An act to vest certain additional powers in the supreme court commissioners appointed for the town of Whitehall in the county of Washington,” 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. Rice, from the select committee to which was referred the bill entitled “An act to extend the operation of an act entitled “An act to amend the charter of the College of Pharmacy in the city of New-York,' passed April 26th, 1832, to the city of Brooklyn,” 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. Niles, from the select committee to which was referred the bill entitled “An act to incorporate the village of Homer,” 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, and agreed to by the House. Ordered, That the bill be engrossed. Mr. Jackson, from the select committee to which was referred the bill entitled “An act to authorise Joseph B. Cheeseman to build a dock in the town of North-Hempstead,” 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. Palmer, from the select committee to which was referred the bill entitled “An act to amend an act entitled ‘An act to divide the town of Sempronius in the county of Cayuga, so much as relates to the division of the school fund,” 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. Judd, from the select committee appointed in pursuance of the resolution of this House of the twenty-third instant, to select from the business before the House, such bills as in their opinion the public interest required should be passed at the present scssion, which bills, (under the sanction of the House,) should have the preference over all other business, reported the following bills, to wit: The bill entitled “An act to amend the act entitled ‘An act to create a fund for the benefit of the creditors of certain monied corporations, and for other purposes,’ passed April 2d, 1829;” the bill entitled “An act in relation to the State prisons, and the employment of convicts confined therein;” the bill entitled “An act directing a loan for the construction of the Chenango canal;” the bill entitled “An act in relation to the Eric canal;” the bill entitled “An act in relation to the west branch feeder to the Chenango canal;” the bill entitled “An act directing the appointment of four inspectors of flour and meal for the city and county of New-York, and regulating the inspection thereof;” and the bill entitled “An act concerning the State hall.” Mr. Speaker put the question whether the House would agree with the committee in their said report, and it was determined in the affirmative. The House then proceeded to the consideration of the resolution reported by the select committee, proposing an amendment of the Constitution relative to the judiciary system; the same being amended, was again read, in the words following, to wit: Resolved, That the following amendments to the Constitution of this State be proposed and referred to the Legislature next to be chosen; and that the Secretary of State cause the same to be published for three months previous to the next annual election, in pursuance of the provisions of the first section of the eighth article of the said Constitution, a majority of all the members elected to the Assembly voting in favor thereof:

Proposed amendments.

First. There shall be two additional justices of the supreme court.

Second. There shall be a superior court of the State of NewYork, to consist of a chief justice, and four justices, any of whom may hold the court. The said justices shall hold their offices by the same tenure as justices of the supreme court, and shall be members of the court for the trial of impeachments and the correction of errors. When a writ of error shall be brought on a judgment of the superior court, the justices of that court shall assign the reasons for their judgment; but shall not have a voice for its affirmance or reversal.

The supreme and superior courts, and the justices thereof, shall possess co-ordinate jurisdiction and powers in all cases; except that the superior court shall not have jurisdiction in cases of quo warranto, mandamus, prohibition, or writs of certiorari and error in criminal cases.

The justices of the supreme and superior courts, or some one of them, shall preside in courts of oyer and terminer and jail delivery; and shall hold circuit courts for the trial of all issues of fact, whether joined in the supreme or superior court. The seventh section of the fifth article of the Constitution shall apply to justices of the superior court. The office of circuit judge shall be abolished on the first day of May, 1837. So much of the Constitution as is inconsistent with these provisions, is hereby annulled. Thereupon, The first subdivision of the proposed amendments was again read, in the words following, to wit: First. There shall be two additional justices of the supreme COurt. I)ebates were had thereon; and the question being put whether the House would agree thereto, it was determined in the affirmative. The second subdivision of the proposed amendments having been further amended, was again read, in the words following, to wit: Second. There shall be a superior court of the State of NewYork, to consist of a chief justice and four justices; a majority of whom shall hold the court. The said justices shall hold their offices by the same tenure as justices of the supreme court, and shall be members of the court for the trial of impeachments and the correction of errors. When a writ of error shall be brought on a judgment of the superior court, the justices of that court shall assign the reasons for their judgment, but shall not have a voice for its affirmance or reversal. Debates were had thereon; and the question being put whether the House would agree thereto, it was determined in the affirmative.

AYES 56
NAYS 39

The ayes and nays being required by ten members,

Those who voted in the affirmative are

Mr. Adams Mr. Fisher Mr. W. S. Paddock
Mr. Blatchly Mr. Gray Mr. Parker
Mr. Burhans Mr. Griswold Mr. Pettit
Mr. Burke Mr. Hall Mr. Phillips
Mr. Barnum Mr. Herttell Mr. Plumb
Mr. Burr Mr. Hicks Mr. Powers
Mr. Carpenter Mr. Hough . Mr. M. H. Sibley
Mr. Carr Mr. Jackson Mr. Speaker
Mr. A. Clark Mr. Judd Mr. Stetson
Mr. J. Clark Mr. Krum Mr. Thorn
Mr. Clinch Mr. T. Lewis Mr. Tomlinson
Mr. Conklin Mr. Livingston Mr. Wager

Mr. Crain Mr. Loomis Mr. Warren

Mr. Crosby Mr. Lytle Mr. Wetmore
Mr. Crowell Mr. Mallory Mr. Wheeler
Mr. Cuykendall Mr. M'Cluer Mr. Wilkinson
Mr. Denniston Mr. Moore Mr. Williams
Mr. Eldred Mr. Niles Mr. Woodbury
Mr. Finch Mr. P. W. Paddock 56

Those who voted in the negative are

Mr. Anthony Mr. J. Haskell Mr. Patterson
Mr. Barnes Mr. Healy Mr. Preston
Mr. Benjamin Mr. Hendee Mr. Richmond
Mr. Bennet Mr. Hildreth Mr. Roosevelt
Mr. Brooks Mr. Hiller Mr. Shepard
Mr. A. Brown Mr. Hillyer Mr. D. Sibley
Mr. G. Brown Mr. Hutchinson Mr. Simmons
Mr. Cadwell Mr. King Mr. Stevens
Mr. Cash Mr. Lockwood Mr. C. Strong
Mr. Coe Mr. M'Neil Mr. E. Strong
Mr. Crary Mr. Moseley Mr. Tillinghast
Mr. Groom Mr. Odell Mr. Tyrrel
Mr. Harvey Mr. Palmer Mr. Wylie . . 39

The third subdivision of the proposed amendments being amended, was again read, in the words following, to wit: The supreme and superior courts, and the justices thercof, shall possess co-ordinate jurisdiction and powers in all cases; except that the superior court shall not have jurisdiction in cases of quo warranto, mandamus, prohibition, or writs of certiorari and error in criminal cases, and shall have exclusive jurisdiction on writs of error to courts of common pleas. Mr. Speaker put the question whether the House would agree thereto, and it was determined in the affirmative. The remaining subdivision of the proposed amendments having been read and agreed to by the House, the said resolution and proposed amendments as amended, were read, in the words following, to wit: Resolved, That the following amendments to the Constitution of this State be proposed, and referred to the Legislature next to be chosen; and that the Secretary of State cause the same to be published for three months previous to the next annual election, in pursuance of the provisions of the first section of the eighth article of the said Constitution, a majority of all the members elected to the Assembly voting in favor thereof:

Proposed Amendments.

First. There shall be two additional justices of the supreme court: -

Second. There shall be a superior court of the state of NewYork, to consist of a chief justice and four justices; a majority of whom shall hold the court. The said justices may hold their offices by the same tenure as justices of the supreme court. and shall be members of the court for the trial of impeachments and the correction of errors. When a writ of error-shall be brought on a judgment of the superior court, the justices of that court shall assign the reasons for their judgment, but shall not have a voice for its affirmance or reversal. The supreme and superior courts. and the justices thereof shall possess co-ordinate jurisdiction and powers in all cases, except that the superior court shall not have jurisdiction in cases . quo warranto. mandamas, prohibition, or writs of certiorari. and error in criminal cases, and shall have ex clusive jurisdiction on writs of error to courts of counion I as. The justices of the supreme and superior courts, or some one of them, shall preside in courts of oyer and terminer and jail delivery. and shall hold circuit courts for the trial of all issues of fact, whether joined in the supreme or superior court. The seventh section of the fifth article of the constitution shall apply to justices of the superior court. The office of circuit judge shall be abolished on the first day of May, one thousand eight hundred and thirty-seven. So much of the constitution as is inconsistent with these provisions. is hereby annulled.

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

Ordered, That the said resolution be engrossed.

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

TO THE ASSEMBLY. GENtleMEN, I have this day approved and signed the bill entitled

“An act to provide for the erection of a jail and fire-proof clerk's office in the county of Kings, and for other purposes.”

Also the bill entitled “An act authorising Marcus B. Osborne to erect and maintain a wharf and dock at Sag-Harbor in the county of Suffolk.”

Also the bill entitled “An act to amend the several acts relative to the village of Syracuse.”

Also the bill entitled “An act to facilitate the proof of legal notices.”

Also the bill entitled “An act to amend an act entitled ‘An act to incorporate the Payne's bridge company,’ passed May 5, 1834.”

Also the bill entitled “An act t , authorise the supervisors of the county of Orleans to raise money to build a bridge across the Oakorchard creek, at or near the head of Stillwater in the town of Carlton.”

W. L. MARCY. -Albany, April 25, 1835.

A message from the Senate was read, informing that they have concurred with this House in its amendments to the bill entitled “An act to amend the act entitled ‘An act to incorporate the pro[Assembly Journal.] 95

« PreviousContinue »