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Ordered, That the Clerk return the said bill to the Senate, and inform them that this House have passed the same without amend

ment.

The engrossed bill entitled "An act to incorporate the Syracuse fine salt company," was again 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, there not being two-thirds of all the members elected to this House voting in favor thereof, as follows, to wit:

AYES 59
NAYS 35

Those who voted in the affirmative are

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Mr. Philo
Mr. Powers
Mr. Quackenboss
Mr. Seger
Mr. Shepard
Mr. D. Sibley
Mr. Simmons
Mr. Speaker
Mr. Springer
Mr. Stevens
Mr. Suffern
Mr. Tomlinson
Mr. Tyrrel
Mr. Wager
Mr. Wilcoxson
Mr. Wilkinson
Mr. Williams
Mr. Woodbury
Mr. Wylie

Mr. Phillips

Mr. Plumb

Mr. Preston
Mr. Richmond
Mr. Roosevelt
Mr. Shafer

Mr. C. Strong

59

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On motion of Mr. Livingston, Resolved, That there be paid as part of the contingent expenses of this House, to Solomon Hays, an officer thereof, three dollars for each day's attendance on the House during its present session, and one day before the session, and one day after the present session, in cleaning the Assembly chamber; to Homer R. Phelps, George W. Stillman, Ann Johnson, Catharine Strong and Jonathan Goldweight, for services of their sons respectively, one dollar and fifty cents per day for every day they have respectively attended as messengers by the Assembly, to be certified by the Speaker. 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 resolved itself into a committee of the whole, on the bill entitled "An act authorising the canal commissioners to deepen the upper level of the Crooked lake canal, and for other purposes;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Carr, 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.

Ordered, That the bill be engrossed.

The House then resolved itself into a committee of the whole, on the engrossed bill from the Senate, entitled "An act concerning the proof of wills, executors and administrators, guardians and wards, and surrogates' courts;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Carr, from the said committee, reported progress, and asked for leave to sit again.

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

The House then resolved itself into a committee of the whole, on the engrossed bill from the Senate, entitled "An act to amend the act relating to the militia and public defence;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Carr, from the said committee, reported progress, and asked for and obtained leave to sit again.

Mr. Peck, from the committee on engrossed bills, reported, that the committee had examined the engrossed bill entitled "An act

to incorporate the Lumberland and Bethel turnpike road company;' and the engrossed bill entitled "An act to amend an act entitled 'An act to incorporate the Saugerties and Woodstock turnpike company,' passed April 26th, 1828;" and find the said bills severally correctly engrossed.

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

The House then resolved itself into a committee of the whole, on the bill entitled "An act in relation to the sales of lands by the surveyor-general and the attorney-general;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. J. Haskell, 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.

Ordered, That the bill be engrossed.

The House then resolved itself into a committee of the whole, on the bill entitled "An act relative to the rights and competency of witnesses;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. J. Haskell, from the said committee, reported progress, and asked for and obtained leave to sit again.

Mr. Moore gave notice that he would hereafter ask leave to introduce a bill, entitled "An act concerning costs on writs of error, and to vest the power of surrogates in the first judges of the courts of common pleas."

And then the House adjourned till seven o'clock this afternoon.

SEVEN 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 relative to the rights and competency of witnesses;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. J. Haskell, from the said committee, reported, that the committee had disagreed to the first section and the enacting clause of the said bill; 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.

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 51
NAYS 18

The ayes and nays being required by ten members,

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And then the House adjourned until nine o'clock to-morrow morning.

THURSDAY, MAY 7, 1835.

The House met pursuant to adjournment.

The petition of John Preston, praying for authority to withdraw certain papers and documents relating to the teaching of common schools, was read, and referred to the committee on the judiciary.

Mr. Springer, from the committee on the incorporation of cities and villages, to which was referred the engrossed bill from the Senate, entitled "An act to vest certain powers in the trustees of the village of Lansingburgh," reported, that the committee have examined the said bill, and see no reason why the same should not be passed into a law, and recommend that it be ordered to a third reading.

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. Livingston, from the committee on the judiciary, to which was referred the bill entitled "An act respecting costs in certain proceedings and actions," reported, that the committee have examined the said bill, and recommend that the same be passed into a law.

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.

Mr. Springer, from the committee on trade and manufactures, to which was referred the petition of sundry inhabitants of the county of Putnam, praying for the incorporation of the Putnam Iron Company, reported a bill, entitled "An act to incorporate the Putnam iron company;" which was read the first time, and by unanimous consent was also read a second time, and ordered to be engrossed.

Mr. D. Sibley, from the select committee to which was referred the petition of Doctor A. Plantou, a native of France, residing in the city of Philadelphia, reported, and recommended the subject of the petition to the consideration of the Canal Board.

[See Document No. 385.]

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. Adams, from the committee on grievances, to which was referred the petition of Abiel Fuller, reported, and recommended that the prayer of the petitioner be denied.

[See Document No. 388.]

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

Ordered, That the committee on grievances be discharged from the further consideration of the petition of Thomas Livingston, for relief, and that the petitioner be permitted to withdraw his peti

tion.

Ordered, That the committee on Indian affairs be discharged from the consideration of the memorial of Joseph Tarbell and others, belonging to the tribe of St. Regis Indians, praying for an amendment of a law relating to said tribe; and that the petitioners have leave to withdraw their petition.

Mr. Harvey, from the select committee to which was referred the bill entitled "An act to annex a part of the town of Davenport, and a part of the town of Franklin in the county of Delaware, to the town of Oneonta in the county of Otsego, and to annex a part

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