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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 engrossed bill entitled "An act in relation to the Bowery savings bank in the city of New-York," was read the third time. Thereupon,

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

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

GENTLEMEN,

TO THE ASSEMBLY.

I have this day approved and signed the bill entitled "An act extending the time for the collecting of taxes in the town of Bushwick in the county of Kings."

Albany, January 16, 1835.

W. L. MARCY.

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

The Canal Commissioners, in obedience to the act entitled "An act directing the survey of a canal route from the High falls on the Black river, to the Erie canal," passed April 22d, 1834, respectfully report:

[See Document No. 55.]

Ordered, That the said report be referred to the committee on canals and internal improvements.

Ordered, That double the usual number of copies of the said report be printed for the use of the Legislature.

Three several messages from the Senate were read, informing that they have passed the bill entitled "An act to increase the number of commissioners to superintend the building of a courthouse and jail in the county of Yates;" the bill entitled "An act to authorise a loan by the county of Herkimer, to defray the expense of a new jail erected therein;" and the bill entitled "An act concerning the supreme court clerk's office at Geneva," severally without amendment.

Ordered, That the clerk deliver the said bills to the Governor. The annual report of Robert Dingee, an inspector of green hides and skins in the city of New-York, was received and read.

[See Document No. 52.]

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

The annual report of Peter Conrey, an inspector of lumber, in the city of New-York, was received and read.

[See Document No. 70.]

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

The annual report of Nathan Roberts, an inspector of lumber in the city of New-York, was received and read.

[See Document No. 56.)

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

In pursuance of previous notice, Mr. Thorn asked for and obtained leave to bring in a bill, entitled "An act to provide for auditing the accounts of certain town officers in the county of Dutchess;" 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.

In pursuance of previous notice, Mr. Moseley asked for and obtained leave to bring in a bill, entitled "An act further to amend an act entitled 'An act to incorporate the city of Buffalo;'" which was read the first time, and by unanimous consent was also read a second time, and referred to the committee on the incorporation of cities and villages.

Ordered, That the committee on colleges, academies and common schools, be discharged from the consideration of the petition of Jonathan N. Hinckley and others, praying for the incorporation of the Genesee Seminary; and that the same be referred to the committee on the incorporation of charitable and religious societies. On motion of Mr. Cash,

Resolved, That the committee on the judiciary be instructed to inquire into the expediency of changing the time of the annual meeting of the Legislatnre, to the first Tuesday of December in each year.

Ordered, That Mr. Quackenboss have leave of absence for three days, and Mr. M'Kie until Wednesday next.

On motion of Mr. M. H. Sibley,

Resolved, That the Canal Board be requested to communicate to the House of Assembly, the proceedings which have been had by or before the said Board, upon the application of Samuel Farwell for compensation for labor done and materials furnished upon the Erie canal; particularly whether said Board has allowed all or any part of such claim, with the reasons for the allowance or disallowance of the same or any part thereof.

In pursuance of previous notice, Mr. Herttell asked for and obtained leave to bring in a bill, entitled "An act relative to the rights and competency of witnesses;" 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.

Ordered, That the usual number of copies of the said bill be printed for the use of the Legislature.

The House then resolved itself into a committee of the whole, on the bill entitled "An act in relation to the Bowery savings bank in the city of New-York;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Patterson, from the said committee, reported progress, and asked for and obtained leave to sit again.

And then the House adjourned till eleven o'clock to-morrow morning.

[ASSEMBLY JOURNAL.]

11

TUESDAY, JANUARY 20, 1835.

The House met pursuant to adjournment.

The petition of Chauncey Persons of the county of Cayuga, setting forth that he was severely wounded in discharging his musket while in the service of the State as one of the guard at the Auburn State prison, and praying pecuniary relief in the premises, was read, and referred to the committee on claims.

Three several petitions of sundry inhabitants of the counties of Livingston, Genesee and Cattaraugus, praying for the construction of a canal from Rochester to Olean, with a branch to Dansville, were read, and referred to the committee on canals and internal improvements.

Ten several petitions of sundry inhabitants of the counties of Saratoga, Delaware, Chautauque, Oneida, New-York, Westchester, Clinton, Genesee, Monroe and Dutchess, praying for a repeal of the law of last session, proscribing the practice of botanic physicians, were read, and referred to the select committee on that subject, of which Mr. J. Haskell is chairman.

The petition of sundry inhabitants of the county of Chautauque, praying for the incorporation of a bank, to be located in the village of Fredonia in said county, with a capital of one hundred thousand dollars, subject to such provisions as the Legislature may deem expedient, was read, and referred to the committee on the incorporation and alteration of the charters of banking and insurance companies.

The petition of sundry inhabitants of the county of Sullivan, praying the aid of the State in the construction of the New-York and Erie railroad, was read, and referred to the committee on rail-roads.

The petition of John Herkimer of the county of Herkimer, praying compensation for damages alleged to have been sustained in consequence of the construction of the Erie canal, was read, and referred to the Canal Commissioners.

The petition of George Ohll of the city and county of New-York, praying for authority to change his name, was read, and referred to a select committee, consisting of Mr. Roosevelt, Mr. Wetmore and Mr. Clinch.

The petition of Abiel Fuller of the county of Madison, praying compensation for losses alleged to have been sustained in the construction of the Erie canal, was read, and referred to the committee on grievances.

The petition of Lawrence Schermerhorn of the town of Rotterdam in the county of Schenectady, praying remuneration for damages alleged to have been sustained in consequence of his well having been rendered useless by the waters of the Erie canal, was read, and referred to the committee on grievances.

Three several petitions of sundry inhabitants of the county of Schoharie, praying for an alteration of the present State prison

system, were read, and referred to the select committee on that subject, of which Mr. Carr is chairman.

The memorial of George Clark of the county of Otsego, praying for the passage of an act exteneing the time within which an application may be made for appraisement of damages on the Erie canal, was read, and referred to the committee on canals and internal improvements.

The petition of Joseph A. Norton of the county of Monroe, praying compensation for services rendered in apprehending fugitives from justice, was read, and referred to the committee on claims.

The petition of sundry inhabitants of the town of Franklinville in the county of Cattaraugus, praying for authority to raise a certain sum of money by tax on said town, and also for an extension of the time for the collection of taxes therein, was read, and referred to a select committee, consisting of Mr. Moore, Mr. Burr and Mr. Woodward.

The petition of sundry inhabitants of the counties of Cayuga, Seneca, Ontario and Monroe, praying for the incorporation of a company to construct a rail-road from Auburn to Rochester, was read, and referred to the committee on rail-roads.

The petition of sundry inhabitants of the counties of Oneida and Herkimer, praying for an amendment of the law relative to highways, was read, and referred to the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies.

The remonstrance of sundry inhabitants of the county of Chautauque, against the erection of a new town from the towns of Harmony and Chautauque in said county, was read, and referred to the committee on the erection and division of towns and counties.

The petition of Charles Waggoner of the town of Palatine in the county of Montgomery, praying for the passage of an act authorising him to take the oath and hold the office of justice of the peace in said town, was read, and referred to the committee on the judiciary.

The House then again resolved itself into a committee of the whole, on the bill entitled "An act in relation to the Bowery savings bank in the city of New-York;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Patterson, from the said committee, reported progress, and asked for and obtained leave to sit again.

Pursuant to title third of the fifth chapter of the first part of the Revised Statutes of this State, and agreeably to the concurrent resolution of the ninth instant, the House proceeded to nominate a Surveyor-General of this State; when each member present openly nominated as follows:

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Mr. Preston
Mr. Rice
Mr. Ringgold
Mr. Roosevelt
Mr. Seger
Mr. Shafer
Mr. Shepard
Mr. Speaker
Mr. Springer
Mr. Stetson

Mr. Stevens
Mr. Suffern

Mr. Thorn
Mr. Tillinghast

Mr. Van Benthuisen
Mr. Van Bergen
Mr. Wager

Mr. Warren

Mr. Wetmore
Mr. Wheeler
Mr. Wilcoxson

Mr. Williams

Mr. A. Woodworth

Mr. Woodbury

Mr. Wylie

For BENJAMIN WRIGHT.

Mr. Horton
Mr. Hutchinson

Mr. J. W. Lewis
Mr. M'Cluer
Mr. M'Neil
Mr. Moore

Mr. Moseley
Mr. Niles

Mr. Farwell

Mr. A. Hascall

Mr. Hendee

Mr. Patterson

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Mr. Richmond
Mr. D. Sibley
Mr. M. H. Sibley
Mr. Simmons
Mr. C. Strong
Mr. E. Strong
Mr. Tomlinson
Mr. Tyrrel
Mr. Waldron
Mr. Woodward

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81

Resolved, That William Campbell be, and he is hereby nominated on the part of this House, for the office of Surveyor-General of this State.

Pursuant to article first of title first of chapter fifteenth of the first part of the Revised Statutes, and agreeably to the concurrent resolution of the ninth instant, the House proceeded to nominate a Regent of the University of this State; when each member present openly nominated as follows:

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