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Thereupon,

The said bill 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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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

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Mr. Powers

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. Coe

Mr. Conklin

Mr. M'Cluer

Mr. Crain

Mr. Crary
Mr. Crosby

Mr. Crowell
Mr. Davis
Mr. Dayan
Mr. Denniston

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

Mr. Ostrom

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

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Mr. Palmer

Mr. Wheeler

Mr. P. W. Paddock

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Mr. Parker
Mr. Patterson
Mr. Peck

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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:

AYES 89

NAYS 08

}

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. Burke

Mr. Barnum

Mr. Burr

Mr. Carpenter
Mr. A. Clark

Mr. Harvey
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. Moore
Mr. Moseley

Mr. Phillips

Mr. Philo

Mr. Plumb

Mr. Powers

Mr. Preston

Mr. Quackenboss
Mr. Richmond
Mr. Seger
Mr. Shafer
Mr. Shepard
Mr. Simmons
Mr. Speaker
Mr. Springer
Mr. Stetson
Mr. Stevens
Mr. E. Strong
Mr. Suffern
Mr. Tillinghast
Mr. Tomlinson
Mr. Tyrrel
Mr. Van Bergen
Mr. Wager

Mr. J. Clark

Mr. Coe

Mr. Conklin

Mr. M'Cluer

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Mr. Crary
Mr. Crosby
Mr. Crowell

Mr. Murphy

Mr. Davis

Mr. Niles

Mr. Waldron

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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:

SIR,

Albany, May 6, 1835.

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,

The Hon. CHARLES HUMPHREY,

MICHAEL HOFFMAN.

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," 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 entitled "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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