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rail-road;" 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. Patterson and Mr. T. Lewis, to report complete.

In pursuance of previous notice, Mr. Livingston asked for and obtained the unanimous consent of the House, to bring in a bill entitled "An act relative to the improvement of the navigation of the Hudson river;" which was read the first time, and by unanimous consent was also read a second time.

Thereupon,

Mr. Livingston made a motion that the House should agree to order the said bill to be engrossed.

Mr. Speaker put the question whether the House would agree to the said motion of Mr. Livingston, and it was unanimously determined in the affirmative.

The Senate sent for concurrence, a bill entitled "An act to amend an act entitled 'An act to amend an act to incorporate the RensseJaer school,' passed March 21st, 1826."

The said bill was read the first time, and by unanimous consent was also read a second time.

Thereupon,

Mr. Griswold made a motion that the House should agree to order the said bill to a third reading.

Mr. Speaker put the question whether the House would agree to the said motion of Mr. Griswold, and it was unanimously determined in the affirmative.

A message from the Senate was read, informing that they have rejected the bill entitled "An act to amend the act entitled 'An act to abolish imprisonment for debt, and to punish fraudulent debtors,' passed April 2d, 1829."

Two several messages from the Senate were read, informing that they have passed the bill entitled "An act to authorise the building of two bridges over the Caderskill in the town of Catskill in the county of Greene;" and the bill entitled "An act to enable the mayor, recorder, aldermen and commonalty of the city of Schenectady to supply the said city with water for the extinguishment of fires, and for other purposes," severally without amend

ment.

Ordered, That the Clerk deliver the said bills to the Governor. The Senate returned the bill entitled "An act in relation to Salmon river in the county of Oswego;" the bill entitled "An act to incorporate the North-Hempstead and Flushing turnpike road and idge company;" the bill entitled "An act to incorporate the Gilboa and Jefferson turnpike company;" the bill entitled "An act to authorise Samuel W. Bard to establish a ferry between Haverstraw and Peekskill;" the bill entitled "An act to authorise the supervisors of the cousy of Yates to raise an additional sum of money to complete the court-house and jail, and for other purposes;" the bill entitled "An act to incorporate the Keeseville academy," the bill entitled "An act authorising the appointment of an additional supreme court commissioner for the county of Chautauque;" the bill

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entitled "An act to authorise Ward Hunter to establish a ferry between Peekskill and Haverstraw," and the bill entitled "An act to incorporate the Le Roy and Brockport M'Adam road company." Ordered, That the Clerk deliver the said bills to the Governor. The engrossed resolution to alter the Constitution relative to the judiciary, was 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:

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 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 and prohibition, or on writs of certiorari and of error in criminal cases, and shall have exclusive jurisdiction on writs of error to courts of common pleas. The justices of the supreme and superior courts, any or either of them, may preside in courts of oyer and terminer and jail delivery, and may 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.

Debates were had thereon; and the question being put whether the House would agree to the said resolution, it was determined in the affirmative, a majority of all the members elected to this House voting in favor thereof, as follows, to wit:

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Mr. Barnum
Mr. Burr
Mr. Cadwell
Mr. Carpenter
Mr. A. Clark
Mr. C. Clark
Mr. J. Clark
Mr. Clinch
Mr. Conklin
Mr. Crain
Mr. Crary

Mr. Crowell

Mr. Cuykendall

Mr. Davis

Mr. Dayan

Mr. Eldred

Mr. Farwell
Mr. Finch
Mr. Fisher
Mr. Gray

Mr. Griswold

Mr. Hildreth
Mr. Horton
Mr. Hough
Mr. Jackson
Mr. Jones
Mr. Judd
Mr. Krum
-Mr. T. Lewis
Mr. Livingston
Mr. Loomis
Mr. Lytle
Mr. Mallory

Mr. M'Kie

Mr. M'Neil
Mr. Moore
Mr. Moseley
Mr. Murphy
Mr. Niles
Mr. Odell

Mr. P. W. Paddock
Mr. W. S. Paddock

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Mr. Philo
Mr. Powers
Mr. Rice
Mr. Ringgold
Mr. Roosevelt
Mr. Shepard
Mr. M. H. Sibley
Mr. Simmons
Mr. Speaker
Mr. Springer
Mr. Stetson
Mr. Stevens
Mr. Tomlinson
Mr. Wager
Mr. Warren
Mr. Wetmore
Mr. Wheeler

Mr. Wilcoxson

Mr. Wilkinson
Mr. Williams
Mr. Woodbury

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Mr. Harvey

Mr. J. W. Lewis
Mr. Palmer

Mr. Preston
Mr. Richmond
Mr. D. Sibley

Mr. W. Woodworth
Mr. Wylie

78

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Ordered, That the Clerk deliver a copy of the said resolution to the Senate, and request their concurrence in the same.

The engrossed bill entitled "An act in relation to the Cohoes bridge company," was read the third time.

Mr. Speaker put the question whether the House would agree to the final passage of the said bill, and it was determined in the affirmative, two-thirds of all the members elected to this House voting in favor thereof, as follows, to wit:

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Mr. Benjamin

Mr. Bennet

Mr. Blatchly

Mr. Brooks
Mr. A. Brown
Mr. G. Brown
Mr. Burhans
Mr. Burke
Mr. Barnum
Mr. Burr
Mr. Cadwell
Mr. Carpenter
Mr. Carr
Mr. A. Clark
Mr. C. Clark
Mr. J. Clark

Mr. Coc

Mr. Conklin

Mr. Crain

Mr. Crary

Mr. Crowell

Mr. Cuykendall

Mr. Healy
Mr. Hendee
Mr. Herttell
Mr. Hicks
Mr. Hildreth
Mr. Hiller
Mr. Hillyer
Mr. Horton
Mr. Hough
Mr. Ingersoll
Mr. Jackson

Mr. Jones
Mr. Judd

Mr. King
Mr. Krum

Mr. J. W. Lewis
Mr. T. Lewis

Mr. Livingston
Mr. Lockwood
Mr. Loomis
Mr. Lytle
Mr. Mallory
Mr. M'Kie

Mr. M'Neil

Mr. Davis

Mr. Dayan

Mr. Denniston

Mr. Moore

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Mr. Phillips
Mr. Philo
Mr. Powers
Mr. Preston
Mr. Rice
Mr. Richmond
Mr. Ringgold
Mr. Roosevelt
Mr. Shepard
Mr. D. Sibley
Mr. M. H. Sibley
Mr. Simmons
Mr. Speaker
Mr. Springer
Mr. Stetson
Mr. Stevens
Mr. C. Strong
Mr. E. Strong
Mr. Suffern
Mr. Tillinghast
Mr. Tomlinson
Mr. Tyrrel
Mr. Wager
Mr. Waldron
Mr. Warren
Mr. Wetmore
Mr. Wheeler
Mr. Wilcoxson
Mr. Wilkinson
Mr. Williams
Mr. Woodbury
Mr. Wylie

107

Ordered, That the clerk deliver the said bill to the Senate, and request their concurrence in the same.

Mr. Suffern, from the committee on engrossed bills, reported, that the committee have examined the engrossed bill entitled "An authorising the supervisors of the county of St. Lawrence to levy a tax for the benefit of a classical school in the town of Canton," and the engrossed bill entitled "An act to incorporate the Shamrock benevolent association of the State of New-York," and find the said bills severally correctly engrossed.

Ordered, That the said bills be laid upon the table.

The engrossed bill entitled "An act for the relief of the Central asylum for the instruction of the deaf and dumb," was read the third time.

Thereupon,

Ordered, That the said bill be referred to the committee appointed in pursuance of the forty-seventh rule of this House.

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The engrossed bill entitled "An act to extend the act in relation to the State hall, passed April 1st, 1834," was read the third time. Mr. Speaker put the question whether the House would agree to the final passage of the said bill, and it was determined in the negative.

NAYS 57 )

AYES 25

The ayes and nays being required by ten members,

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The engrossed bill entitled "An act to amend the several statutes concerning the election of justices of the peace," was read the third

time.

Thereupon,

Ordered, That the said bill be referred to a select committee, consisting of Mr. M. H. Sibley, Mr. Wilcoxson and Mr. Judd, to consider and report thereon.

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