Ordered, That the Clerk return the said bill to the Senate, and inform them that this House have concurred with them in their amendments to the said bill, and amended the same accordingly.

A copy of a resolution of the Senate was received and read, informing that they have concurred with this House in its resolution of this day, suspending the tenth joint rule, for the purpose of permitting the bill entitled "An act to enlarge the powers of commissioners of highways," to be sent to the Senate for concurrence.

Ordered, That the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies, be discharged from the further consideration of the two several bills entitled "An act to incorporate the Bushwick bridge company," and "An act to incorporate the Williamsburgh and Newtown bridge and turnpike company;" and that the applicants for said roads respectively have leave to withdraw their petitions and the accompanying papers.

Ordered, That the petitioners for the Auburn and Ithaca railroad, have leave to withdraw the papers accompanying their petitions.

Ordered, That the applicants for a new court-house, to be located in the village of Hempstead in Queens county, have leave to withdraw their petition and documents.

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 in relation to the Cohoes bridge company."

Also the bill entitled "An act concerning Noah Burnham." Also the bill entitled "An act authorising Samuel D. Ferguson to convey by deed his title to a certain parsonage house and lot in the village of Plattsburgh, to the trustees of the Methodist Episcopal church of said village."

Albany, May 9, 1835.

W. L. MARCY.

Ordered, That John G. Hicks, John Schenck and Jane B. Smith, applicants for permission to build a wharf adjacent to their land on

the East river, be permitted to withdraw their petition and docu

ments.

And then the House adjourned until nine o'clock on Monday morning next.

MONDAY, MAY 11, 1835.

The House met pursuant to adjournment.

A message from the Senate was read, informing that they have passed the bill entitled "An act in relation to the Capitol," with the amendment therewith delivered.

The said bill and amendment were read; and the amendment having been again read, and concurred in,

Ordered, That the Clerk return the said bill to the Senate, and inform them that this House have concurred with them in their amendment to the said bill, and amended the same accordingly.

Ordered, That the committee on colleges, academies and common schools, be discharged from the consideration of the several memorials in relation to the pubic schools in the city of New-York, and of the memorial of the Mechanics' Institute of the said city, praying legislative aid.

Ordered, That the report and bill on the subject of a department of public instruction, submitted by the committee on colleges, academies and common schools, be referred for the action of the Legislature at its next session.

Mr. Rice, from the committee on medical societies and colleges, to which was referred the memorial of Jesse Torrey junior, proposing to ventilate the Assembly chamber, or some other room in one of the public buildings, reported; and offered the following resolution:

[ See Document No. 399.]

Resolved, That the Governor be authorised to make trial of the improvement proposed by Dr. Torrey, in the Assembly chamber, or such public room as he may deem most expedient; and provided the expense thereof shall not exceed the sum of two hundred and fifty dollars.

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

A message from the Senate, delivered by Mr. Young and Mr. Lansing, was received, informing that they have chosen John W. Edmonds President pro tempore of that body.

A message from the Senate was read, informing that they have passed the bill entitled "An act in relation to the State prisons,' with the amendments therewith delivered.

The said bill and amendments were read; and the amendments having been again read, and concurred in,

Ordered, That the Clerk return the said bill to the Senate, and inform them that this House have concurred with them in their amendments to the said bill, and amended the same accordingly. The Senate returned the bill entitled "An act to incorporate the Putnam county iron company.

Ordered, That the Clerk deliver the said bill to the Governor. A message from the Senate was read, informing that they have concurred with this House in sundry of its amendments to the bill entitled "An act to amend the act relating to the militia and public defence," and non-concurred in others of the same, as designated for that purpose on the margin of the said message.

Mr. Speaker put the question whether the House would agree to recede from its amendment non-concurred in by the Senate, and it was determined in the negative.

The ayes and nays being required by ten members,

Ordered, That the Clerk return the said bill to the Senate, and inform them that this House have refused to recede from their amendments thereto, non-concurred in by the Senate.

Eight several messages from the Senate were read, informing that they have rejected the bill entitled "An act for the appointment of commissioners in other States, to take the proof and acknowledgment of deeds of lands in this State;" the bill entitled "An act concerning forgery and counterfeiting;" the bill entitled "An act for the relief of the Mount-Pleasant academy;" the bill entitled "An act to regulate the taking and summoning of juries in justices' courts;" the bill entitled "An act concerning the appointment of superintendents of the county poor-house in Warren county;" the bill entitled "An act for the relief of Lucas Elmendorf;" the bill entitled "An act to explain and amend title third of chapter fifth of part third of the Revised Statutes, entitled 'Of the partition of lands owned by several persons;'" and the bill entitled "An act authorising the board of supervisors of the county of Orleans to raise money to make a road across Tonawanda swamp in the town of Barre in said county."

Three several messages from the Senate were read, informing that they have passed the bill entitled "An act to incorporate the Lumberland and Bethel turnpike road company;" the bill entitled "An act confirming the election and classification of justices of the peace in the town of Brookhaven in the county of Suffolk;" and the bill entitled "An act to authorise the mayor, aldermen and commonalty of the city of New-York to alter and regulate the plan of part of the said city," severally without amendment.

Ordered, That the Clerk deliver the said bills to the Governor. The Senate returned the bill entitled "An act to incorporate the Susquehannah steam navigation company;" the bill entitled "An act to incorporate the Fishkill education society;" the bill entitled "An act to provide for auditing the accounts of certain town officers in the several counties therein mentioned;" the bill entitled "An act to take certain proof in respect to the claims of Nathan Bumpus;" the bill entitled "An act in relation to the Erie canal;" the bill entitled "An act for establishing and regulating a ferry across the Hudson river, between Sing-Sing in the town of MountPleasant in the county of Westchester, and Slaughter's landing in the town of Clarkstown in the county of Rockland;" the bill entitled "An act to incorporate the Genesee seminary;" the bill entitled "An act for the relief of the First Christian party of Oneida Indians;" the bill entitled "An act to prevent the sale of strong or spirituous liquors to paupers;" the bill entitled "An act to autho

rise the raising of money for the support of the Lancaster school in the city of Hudson;" the bill entitled "An act to incorporate the Nassau academy;" the bill entitled "An act in relation to powers of attorney execnted by married women, for the conveyance of real estate;" the bill entitled "An act to incorporate the village of Homer;" and the bill entitled "An act authorising the canal commissioners to deepen the upper level of the Crooked lake canal, and for other purposes."

Ordered, That the Clerk deliver the said bills to the Governor. Twelve several messages from the Senate were read, informing that they have passed the bill entitled "An act for the relief of Josiah Rawson and Robert Toan;" the bill entitled "An act authorising the sale of certain lands in the village of Lewiston;" the bill entitled "An act in relation to laying out a highway in the town of Geneseo;" the bill entitled "An act for the relief of Daniel Fowler;" the bill entitled "An act to incorporate the Lake Champlain steam-boat navigation company;" the bill entitled "An act to regulate the taxation of the accounts of district attornies;" the bill entitled "An act for the relief of William Jerome;" the bill entitled "An act to create and regulate a standard for measuring bran and shorts;" the bill entitled "An act for the relief of John Hill, Jenny Hill and Anthony Otsequette;" the bill entitled "An act authorising the mayor and common council of the city of Rochester to raise money by tax, for the purpose of erecting a market, and for other purposes;" the bill entitled "An act to revive and amend an act entitled 'An act to incorporate the Eddyville bridge company,' passed April 22d, 1831;" and the bill entitled "An act in relation to the sales of land by the surveyor-general and the attorneygeneral," severally without amendment.

Ordered, That the Clerk deliver the said bills to the Governor. A message from the Governor, delivered by his private secretary, was read, in the words following, to wit:

GENTLEMEN,

TO THE ASSEMBLY.

I return to you, without my signature, the accompanying bill, entitled "An act authorising the mayor and common council of the city of Rochester to raise money by tax, for the purpose of erecting a market, and for other purposes;" upon the ground that I have not been able to satisfy myself that it has been passed in the manner required by the Constitution.

This bill proposes to confer on the mayor and common council of the city of Rochester a power or authority which they do not now possess; and, in my opinion, therefore, it falls within the description of bills which require the votes of two-thirds of all the members elected to each branch of the Legislature to be given in favor of them, before they can be passed.

The first section of the bill authorises the mayor and common council of the city of Rochester to assess and collect ten thousand dollars, and to appropriate it to the erection of a new market.

The second section authorises them to sell the premises now