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Those who voted in the affirmative are

Mr. Adams
Mr. Anthony
Mr. Barnes
Mr. Beecher
Mr. Benjamin
Mr. Bennet
Mr. Blatchly
Mr. Brooks
Mr. A. Brown
Mr Burhans
Mr. Barnum
Mr. Burr
Mr. Cadwell
Mr. Carpenter
Mr. A. Clark
Mr. J. Clark
Mr. Coe
Mr. Conklin
Mr. Crain
Mr. Crary
Mr. Crosby
Mr. Crowell
Mr. Davis
Mr. Dayan
Mr. Denniston
Mr. Farwell
Mr. Finch
Mr. Fisher
Mr. Gray
Mr. Griswold

Mr. Groom
Mr. A. Hascall
Mr. Hendee
Mr. Hicks
Mr. Hildreth
Mr. Hiller
Mr. Hillyer
Mr. Horton
Mr. Jones
Mr. Judd
Mr. Krum
Mr. J. W. Lewis
Mr. Livingston
Mr. Lockwood
Mr. Loomis
Mr. Lytle
Mr. Mallory
Mr. M'Cluer
Mr. M'Neil
Mr. Moore
Mr. Moseley
Mr. Murphy
Mr. Niles
Mr. Odell
Mr. Ostrom
Mr. P. W. Paddock
Mr. Palmer
Mr. Parker
Mr. Patierson
Mr. Peck

Mr. Pettit
Mr. Philo
Mr. Plumb
Mr. Powers
Mr. Preston
Mr. Quackenboss
Mr. Richmond
Mr. Seger
Mr. Shafer
Mr. Shepard
Mr. D. Sibley
Mr. M. H. Sibley
Mr. Simmons
Mr. Speaker
Mr. Springer
Mr. Stetson
Mr. Stevens
Mr. Suffern
Mr. Tillinghast
Mr. Tomlinson
Mr. Tyrrel
Mr. Van Bergen
Mr. Wager
Mr. Waldron
Mr. Whecler
Mr. Wilcoxson
Mr. Wilkinson
Mr. Williams
Mr. Woodbury
Mr. Wylie

90

Those who voted in the negative are

Mr. Carr
Mr. J. Haskell

Mr. Herttell
Mr. Ringgold

Mr. Thorn
Mr. Wetmore

6

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

In pursuance of previous notice, Mr. Moore asked for and obtained leave to bring in 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;" 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.

The engrossed bill entitled "An act to incorporate the Lake Champlain steam-boat navigation 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 affirmative, two-thirds of all the members elected to this House voting in favor thereof, as follows, to wit:

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Mr. Adams
Mr. Anthony
Mr. Barnes
Mr. Beecher
Mr. Benjamin
Mr. Bennet
Mr. Blatchly
Mr. Brooks
Mr. A. Brown
Mr. Burhans
Mr. Burke
Mr. Barnum
Mr. Burr
Mr. Carpenter
Mr. A. Clark
Mr. J. Clark
Mr. Coc
Mr. Conklin
Mr. Crain
Mr. Crary
Mr. Crosby
Mr. Crowell
Mr. Davis
Mr. Dayan
Mr. Denniston
Mr. Farwell
Mr. Finch
Mr. Gray
Mr. Griswold
Mr. Groom

Mr. Harvey

Mr. Phillips
Mr. A. Hascall Mr. Philo
Mr. Hendee

Mr. Plumb
Mr. Hicks

Mr. Powers
Mr. Hildreth

Mr. Preston
Mr. Hiller

Mr. Quackenboss
Mr. Hillyer

Mr. Richmond
Mr. Horton

Mr. Seger
Mr. Jones

Mr. Shafer
Mr. Judd

Mr. Shepard
Mr. Krum

Mr. Simmons
Mr. J. W. Lewis

Mr. Speaker
Mr. Livingston

Mr. Springer
Mr. Lockwood Mr. Stetson
Mr. Loomis

Mr. Stevens
Mr. Lytle

Mr. E. Strong
Mr. Mallory

Mr. Suffern
Mr. M'Cluer Mr. Tillinghast
Mr. M'Neil

Mr. Tomlinson
Mr. Moore

Mr. Tyrrel
Mr. Moseley

Mr. Van Bergen
Mr. Murphy

Mr. Wager
Mr. Niles

Mr. Waldron
Mr. Odell

Mr. Wheeler
Mr. Ostrom

Mr. Wilcoxson
Mr. P. W. Paddock Mr. Wilkinson
Mr. Palmer

Mr. Williams
Mr. Parker

Mr. Woodbury
Mr. Patterson Mr. Wylie
Mr. Pettit

89

Those who voted in the negative are,

1

6

Mr. Carr
Mr. Herttell

Mr. M. H. Sibley
Mr. J. Haskell
Mr. D. Sibley

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

A communication from Michael Hoffman was received and read, in the words following, to wit:

Albany, May 6, 1835. SIR, Permit me, through you, to tender to the Honorable the Assembly my resignation of the office of Canal Commissioner; and to express the deep sense I entertain of the favor conferred by the appointment. With perfect esteem and consideration, I have the honor to be, sir, Your humble servant,

MICHAEL HOFFMAN. The Hon. CHARLES HUMPHREY,

Speaker of the Assembly.

To The Legislature of the State of New York, The undersigned respectfully tenders his resignation of the office of Canal Commissioner, and acknowledges his great obligations to them for the confidence expressed and favor bestowed in the appointment.

MICHAEL HOFFMAN. Albany, May 6, 1835.

The engrossed bill entitled "An act for the relief of John Hill, Jenny Hill and Anthony Otsequette,” was read the third time.

Resolved, That the bill do pass.

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 act in relation to the sales of lands by the surveyor-general and the attorney-general;" the engrossed bill entitled "An act to divide the town of Niagara in the county of Niagara;" the engrossed bill entitled "An act to incorporate the Kingsborough academy," and the engrossed bill entitled "An act to incorporate the Erie and Genesee rail-road company,” and find the said bills severally correctly engrossed.

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

The House then proceeded to the consideration of the resolution of the Senate of the 18th of April last; the same being amended, was again read, in the words following, to wit:

Resolved, (if the Assembly concur,) That the Legislature will, on Saturday, May 9th, 1835, at twelve o'clock at noon, proceed to the choice of a Regent of the University, in the place of the Hon. John Sudam, deceased; and a Canal Commissioner, in the place of Michael Hoffman, resigned.

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

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

The engrossed bill entitled “An act to authorise the raising, by an equitable assessment upon the real estate situated in the city of Utica, the money required to be paid to the canal fund by an act [ASSEMBLY JOURNAL

111

to change the northern termination of the Chenango canal," was read the third time.

Debates were had thereon; and the question being put whether the House would agree to the final passage of the said bill, it was determined in the affirmative.

The engrossed bill entitled "An act authorising the canal commissioners to deepen the upper level of the Crooked lake canal, and for other purposes,

was read the third time. Resolved, That the bill do pass.

Ordered, That the Clerk deliver the said several bills to the Senate, and request their concurrence in the same.

In pursuance of previous notice, Mr. Dayan asked for and obtained leave to bring in a bill, entitled “An act to provide for the payment of certain officers of the government, and for other purposes;" 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.

Thereupon, The House then resolved itself into a committee of the whole, on the said bill; and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Wheeler, from the said committee, 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.

Ordered, That the bill entitled "An act relating to the court of chancery,” be referred to a select committee, consisting of Mr. A. Hascall, Mr. M. H. Sibley and Mr. Wager, to report the same complete.

Ordered, That Mr. Finch have leave of absence for the remainder of the session after Saturday next; and Mr. Palmer, Mr. Groom and Mr. Tomlinson, for the remainder of the session.

Mr. Patterson gave notice that he would hereafter ask leave to introduce a bill in relation to the Capitol.

On motion of Mr. Patterson, Resolved, That the Clerk of the Assembly cause the Senate and Assembly Documents, and the Session Laws, with indexes thereto, to be bound in boards, with leather backs, and lettered, for the members and officers of this House; that the expenses thereof be paid out of the contingent fund of this House, and that the same be delivered to the Secretary of State with all convenient despatch, to be by him forwarded with the Journals of the Senate and Assembly, to the several county clerks, for the use of the members and officers of this House.

The engrossed bill entiiled "An act in relation to laying out a public highway in the town of Geneseo," was read the third time.

Resolved, That the bill do pass.

The engrossed bill entitled "An act in relation to the sales of land by the surveyor-general and the attorney-general," was read the third time.

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Resolved, That the bill do pass.

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

Resolved, That the bill do pass.

Ordered, That the Clerk deliver the said several bills to the Senate, and request their concurrence in the same.

The engrossed bill from the Senate, entitled "An act to appoint commissioners to lay out a road from Poughkeepsie to Pine-Plains in the county of Dutchess," was read the third time.

Debates were had thereon; and the question being put whether the House would agree to the final passage of the said bill, it was determined in the affirmative.

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

The Senate returned the bill entitled "An act further to amend the act to incorporate the New-York and Erie rail-road company, passed April 24th, 1832."

Ordered, That the Clerk deliver the said bill to the Governor.

Two several messages from the Senate were read, informing that they have passed the bill entitled "An act to incorporate the Manchester cotton manufacturing company;" and the bill entitled "An act to amend an'act entitled 'An act to incorporate the village of Geneseo,' passed April 21st, 1831," severally without amendment.

Ordered, That the Clerk deliver the said bills to the Governor.

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

FOUR O'CLOCK P. M.

The House met pursuant to adjournment. Mr. Wilkinson gave notice that he would hereafter ask leave to introduce a bill, providing for the payment to William Jerome of the sum of thirty-three dollars and eighty-nine cents, for costs incurred by him in defending a suit commenced against him for acts done by him as an engineer upon the Oswego canal.

In pursuance of previous notice, Mr. Patterson asked for and obtained leave to bring in a bill, entitled “An act in relation to the Capitol;" which was read the first time, and by unanimous consent was also read a second time, and ordered to be engrossed.

The engrossed bill entitled “An act to divide the town of Hinsdale in the county of Cattaraugus,” was read the third time. Resolved, That the bill do pass.

engrossed bill entitled "An act in relation to the measurement and inspection of lumber," was read the third time.

Resolred, That the bill do pass.

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