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THURSDAY, JANUARY 22, 1835.

The House met pursuant to adjournment.

Ten several petitions of sundry inhabitants of the counties of Tioga, Lewis, New-York, Oneida, Cortland, Cattaraugus, Saratoga, Genesee, Tompkins and Dutchess, praying for a repeal of the law of the 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 Allegany, praying that Andrew C. Hull and his associates may be constituted a body corporate, by the name and style of the Angelica Academy, for the purpose of establishing a seminary of learning, was read, and referred to the committee on colleges, academies and common schools.

The petition of Henry Van Patten of the county of Schenectady, praying compensation for the destruction of his well by the waters of the Erie canal, and for other purposes, was read, and referred to the committee on grievances.

The petition of James Bradt of the county of Schenectady, praying compensation for the destruction of his well by the waters of the Eje canal, was read, and referred to the committee on grievances.

The petition of Robert L. Livingston and others, praying for the incorporation of a company to construct a turnpike road, (with the privilege of placing rails thereon,) from the basin of the Esopus creek company to tide waters, was read, and referred to the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies.

Two several petitions of sundry inhabitants of the county of Chenango, praying for the incorporation of a bank, to be located at Norwich in said county, by the name and style of the WoolGrowers' Bank, were 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 counties of Livingston and Monroe, praying for the construction of a canal from Rochester to Olean, with a branch to Dansville, was read, and referred to the committee on canals and internal improvements.

The petition of sundry inhabitants of the village of Angelica in the county of Allegany, praying for the incorporation of said village, was read, and referred to the committee on the incorporation of cities and villages.

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 rail-road, was read, and referred to the committee on rail-roads.

The petition of the president and directors of the Hamilton and Skaneateles Turnpike Company, praying for an amendment of their

charter, was read, and referred to the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies.

The petition of Holbrook Anderson of the town of Eaton in the county of Madison, praying for the passage of an act authorising John Johnson, an Indian of the Brothertown tribe, to convey to the petitioner a certain lot of land therein mentioned, was read, and referred to a select committee, consisting of Mr. Hough, Mr. J. Clark and Mr. Powers.

The petition of sundry inhabitants of the county of Herkimer, praying for the construction of a road around Fall hill in said county, by the State, was read, and referred to the committee on canals and internal improvements.

Mr. Livingston, from the committee on the judiciary, to which was referred the petition of Samuel S. Lush of the city of Albany, praying to be refunded a certain sum of money out of the State treasury, which he paid therein for a certain lot of land purchased of the people of this State, and which has proved deficient in the number of acres, reported a bill, entitled "An act for the relief of Samuel S. Lush;" 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.

Mr. Dayan, from the committee on the judiciary, to which was referred the resolution of the House, instructing them to inquire into the expediency of so amending the thirty-eighth rule of this House, as to prohibit all amendments to the report of the committee which were not offered in committee of the whole house, reported:

[See Document No. 62.]

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

Mr. Anthony, from the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies, to which was referred the engrossed bill from the Senate, entitled "An act relative to the Port-Kent and Hopkinton road," reported, that the committee have examined the said bill, and see no reason why the same should not be passed into a law.

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

Mr. Palmer, from the committee on the erection and division of towns and counties, to which was referred the petition of sundry inhabitants of the towns of Burns and Almond in the county of Allegany, praying that part of said town of Almond may be annexed to the town of Burns, reported a bill, entitled "An act to annex a part of the town of Almond in the county of Allegany, to the town of Burns in said county;" 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.

Mr. Thorn, from the committee on the incorporation of charitable and religious societies, to which was referred the petition of the

Orphan Asylum Society of the city of Brooklyn, praying for an act of incorporation, reported a bill, entitled "An act to incorporate the Orphan asylum society of the city of Brooklyn;" 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.

Mr. Krum, from the committee on the judiciary, to which was referred the petition of Charles Waggoner of the town of Palatine in the county of Montgomery, praying for an act authorising him to take the oath and hold the office of justice of the peace, reported; and offered the following resolution:

[See Document No. 64.)

Resolved, That the prayer of the petitioner ought not to be granted.

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

Mr. Roosevelt, from a majority of the committee on the judiciary, to whom it was referred to inquire into the expediency of changing the time of the annual meeting of the Legislature to the first Tuesday of December in each year, reported:

[See Document No. 61.]

Ordered, That the said report be committed to a committee of the whole house.

The annual report of John I. Morris of the city of New-York, was received and read.

[See Document No. 69.]

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

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

Albany, January 22, 1835.

Speaker of the Assembly.

To the Hon. CHARLES HUMPHREY,

SIR,

We have the honor to send herewith the annual report required

from us by law; and are,
Very respectfully,

Your obedient servants,

C. STEBBINS,
GEORGE R. DAVIS,
LEWIS EATON,

[See Document No. 74.]

Bank Commissioners.

Ordered, That the said report be referred to the committee on the incorporation and alteration of the charters of banking and insurance companies.

[ASSEMBLY JOURNAL.]

13

Ordered, That four times the usual number of copies of the said report be printed for the use of the Legislature, and two hundred and fifty in addition for the use of the Bank Commissioners.

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

COMPTROLLER'S OFFICE,
Albany, Jan. 22, 1835.

The Hon. CHARLES HUMPHREY,

SIR,

Speaker of the Assembly.

}

In obedience to the requirements of the forty-second section, title nine of chapter nine of the first part of the Revised Statutes, I herewith transmit, for the information of the Legislature, a statement of the sums expended upon the several canals of the State, for the year ending 30th September, 1834.

I am, with great respect,

Your obedient servant,

[See Document No. 216.]

A. C. FLAGG.

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

Ordered, That the committee on canals and internal improvements be discharged from the further consideration of the petition of sundry inhabitants of the county of Broome, praying for the passage of a law authorising the Canal Commissioners to construct a lock from the Chenango canal to the Chenango river; and that the same be referred to the Canal Commissioners.

Mr. M. H. Sibley offered for the consideration of the House, a resolution, in the words following, to wit:

Resolved, That his Excellency the Governor be requested to communicate to this House, any information he may possess in relation to the practices of some of our banks, of buying or selling drafts for the purpose of taking usury with impunity, or as a pretext for extortion, as stated in his message at the opening of the present session; and specifying, as far as he may be able, the particular banks against which the public have just grounds of complaint; to the end that such institutions as are not culpable, may be exonerated from the suspicion thus thrown upon the whole, and that this House may be enabled the better and more promptly to discharge its duty, by complying with the recommendations of his Excellency to correct the practices so justly censured by him, and all other practices inconsistent with fair dealings on the part of these institutions towards the public.

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

Mr. Roosevelt made a motion that the House should agree to order the usual number of copies of the said resolution to be printed for the use of the Legislature.

Debates were had upon the said motion of Mr. Roosevelt; and the question being put whether the House would agree thereto, it was determined in the affirmative.

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The ayes and nays being required by ten members,

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