ces 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 as sign 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 pow ers in all cases, except that the superior court shall not have jurisdiction in cases of 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 common ¡l as, The justices of the supreme and superior courts, or some one of them, shall preside in courts of over 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 amended, and it was determined in the af firmative.

Ordered, That the said resolution be engrossed.

A message from the Governor, delivered by his private secretary, 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 art to incorporate the Payne's bridge company,' passed May 5, 1834.” Also the bill entitled "An act to 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."

Albany, April 25, 1835.

W. L. MARCY.

A message from the Senate was read, informing that they have concurred with this House in its amendments to the bili entitled "An act to amend the act entitled 'An act to incorporate the pro[ASSEMBLY JOURNAL.]

95

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prietors of the Albany water-works,'" and have amended the same accordingly.

The said amended hill having been examined,

Ordered, That the Clerk return the same to the Senate.

A message from the Senate was read, informing that they have passed the bill entitled "An act for the relief of Jacob Cram," without amendment.

Ordered, That the Clerk deliver the said bill to the Governor. The Senate returned the bill entitled "An act to incorporate the village of Canastota."

Ordered, That the Clerk deliver the said bill to the Governor. A message from the Senate was read, informing that they have receded from their amendment, non-concurred in by this House, to the bill entitled "An act incorporating the village of Clyde in the county of Wayne."

Ordered, That the Clerk deliver the said bill to the Governor. The Senate sent for concurrence, a bill entitled "An act to amend the act regulating suits on bills of exchange and promissory notes, passed April 25th, 1832."

The said bill was read the first time, and by unanimous consent was also read a second time, and referred to the committee on the judiciary, to consider and report thereon.

A copy of a resolution of the Senate was received and read, in the words following, to wit:

Resolved, (if the Assembly concur,) That a committee of three be appointed, to consist of one member of the Senate and two members of the Assembly, to examine the accounts and vouchers of the Treasurer, pursuant to the provision of title four of chapter eight of the first part of the Revised Statutes; and in case of concurrence, that Mr. Lansing be of the said committee on the part of the Senate.

Thereupon,

Resolved, That this House do concur with the Senate in their said resolution.

Ordered, That the Clerk deliver a copy of the preceding resolution of concurrence to the Senate.

And then the House adjourned until ten o'clock on Monday morning next.

MONDAY, APRIL 27, 1835.

The House met pursuant to adjournment.

The remonstrance of sundry inhabitants of the village of Ulster in the county of Ulster, against any alteration of the Saugerties and Woodstock turnpike charter, was read, and committed to the committee of the whole when on the bill upon that subject.

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 Essex, praying pecuniary aid in the construction of a road from Port Henry in the county of Essex, to Whitehall in the county of Washington, reported a bill, entitled "An act appropriating money to construct certain roads in the counties of Essex and Washington;" 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. Jackson, from the committee on the erection and division of towns and counties, to which was referred the engrossed bill from the Senate, entitled "An act to erect a new town from parts of the towns of Vernon and Augusta in Oneida county, and of Smithfield and Lenox in Madison county, and to annex the same to the latter county," reported, that the committee have examined the said bill, and are of the opinion that the same ought not to be passed into a law.

Ordered, That the said bill be committed to a committee of the whole house.

Mr. King, from the committee on public lands, to which was referred the petition of Daniel T. and Thomas W. Newcomb, praying for the possession of certain lots of land in Platt's location in Clinton county, reported the following resolution:

Resolved, That the prayer of the petition of Daniel T. and Thomas W. Newcomb be denied, and that the petitioners have leave to withdraw the deeds and proof accompanying the petition.

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

Mr. King, from the committee on public lands, to which was referred the petition of John A. Ferrell, reported; and offered the following resolution:

[See Document No. 392.]

Resolved, That it would be inexpedient to pass a special law for the benefit of John A. Ferrell, as he by petition prays should be

done.

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

A message from the Senate was read, informing that they have passed the bill entitled "An act to amend article second, title fifth,

chapter sixth, part third of the Revised Statutes, entitled 'Of exc cutions against property,'" with the amendments therewith delivered.

The said bill and amendments were read; and the amendments having been again read, and concurred in,

Ordered, That the Clerk return the said bill to the Senate, and inform them that this House have concurred with them in their amendments to the said bill, and amended the same accordingly.

A copy of a resolution of the Senate was received and read, informing that they have concurred with this House in its resolution of the seventeenth instant, relative to the presentation of a sword to Colonel William J. Worth.

Mr. King, from the committee on public lands, to which was referred the petition of John S. Quackenboss and others, heirs of Abraham D. Quackenboss, for bounty lands, with the report of the Commissioners of the Land-Office thereon, reported, that they have examined the facts set forth in the petition and the above named report, (Assembly Documents, No. 236,) and are of opinion that the right of Abraham D. Quackenboss to bounty lands has been satisfied; and they have directed their chairman to offer the following resolution:

Resolved, That the prayer of the petition of John S. Quackenboss and others, be denied.

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

Ordered, That the committee on grievances be discharged from the consideration of the petition of Asa Brown, praying remuneration for damages alleged to have been sustained by the overflowing of the waters of the Erie canal.

Ordered, That the committee on grievances be discharged from the consideration of the petition of Peter J. Enders, relative to the dam across the Schoharie creek in the town of Florida.

Mr. Adams, from the committee on grievances, to which was referred the petitions of Luther Pardee and John Beardslee, reported; and recommended that the petitioners have leave to withdraw their petitions.

[See Document No. 393.]

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. Quackenboss, from the committee on trade and manufactures, in pursuance of the resolution of this House of the sixth of March, 135, relative to the inspection of distilled spirits in the city of New-York, reported a bill, entitled "An act to amend the eleventh article of the second title of the seventeenth chapter of the first part of the Revised Statutes, relating to the inspection of distilled spirits;" 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. 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 Genesee, praying for the appointment of commissioners to lay out a road in the town of Pembroke in said county, reported, that in the opinion of the committee, the prayer of the 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. T. Lewis, from the select committee to which was referred the bill entitled "An act for the relief of the Central asylum for the instruction of the deaf and dumb,” 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. Cash, from the select committee to which was referred so much of the Governor's message as relates to the instruction of the blind, and the petition of the managers of the Institution for the blind in the city of New-York, praying for aid from the State, reported; and recommended that the said petition be printed.

[See Document No. 394.]

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

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 town of Collins, praying for the passage of a law authorising the correction of the record of a survey of a certain road through said town, reported, that in the opinion of the committee, the prayer of the 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. Suffern, from the committee on engrossed bills, reported, that the committee have examined the engrossed bill entitled "Au 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 school monies;" the engrossed 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;" the engrossed bill entitled "An act for the relief of purchasers of lots at Oneida Castleton;" the engrossed bill entitled "An act to authorise Joseph B. Cheeseman to build a dock in the town of North-Hempstead," and the en