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

Ordered, That the engrossed bill from the Senate, entitled "An act to amend the act relating to the militia and public defence,” be referred to a select committee, consisting of Mr. Gray, Mr. Patterson and Mr. Dayan, to report the same complete.

Mr. Wilkinson asked for and obtained the unanimous consent of the House, to bring in a bill entitled “An act for the relief of William Jerome;" which was read the first time, and by unanimous consent was also read a second time, and ordered to be engrossed.

Mr. Beecher asked for and obtained the unanimous consent of the House, to bring in a bill entitled "An act to amend an act entitled 'An act in relation to the superintendents of the poor of the several counties of this State,' passed April 25th, 1832;" 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 Niagara in the county of Niagara," 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.

The House then resolved itself into a committee of the whole, on the bill entitled “An act to satisfy the claims of the heirs of Henry Satterly, a soldier of the revolution, to bounty lands;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Beecher, 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 again resolved itself into a committee of the whole, on the bill entitled "An act to provide for the construction of a rail-road from Batavia to Lockport;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Beecher, 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 re-engrossed.

Ordered, That the engrossed bill from the Senate, entitled "An act for the relief of Alexander Thuey," be ordered to a third reading

Ordered, That the bill reported by the committee on colleges, academies and common schools, in relation to a department of public instruction, be engrossed.

The engrossed bill entitled "An act authorising the sale of certain lands in the village of Lewiston,” 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.

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Mr. Suffern, from the committee on engrossed bills, reported, that the committee have examined the engrossed bill entitled “An act for the payment of certain officers of the government, and for other purposes;" and find the same correctly engrossed.

Thereupon,
The said engrossed bill 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.

Ordered, That the bill upon the general orders, entitled “An act to amend the act entitled 'An act to continue in force the act passed February 24th, 1809, authorising Jonas C. Baldwin to erect a dam across the Seneca river,' passed April 27th, 1827," be engrossed.

Mr. Peck, from the committee on engrossed bills, reported, that the committee had examined the engrossed bill entitled "An act to incorporate the Putnam county iron company,” and find the same correctly engrossed.

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

The House then resolved itself into a committee of the whole, on the bill entitled "An act to divide the town of Grove in the county of Allegany;" and after some time spent thereon, Mr. Speaker resumed the chair, and Mr. Dayan, from the said committee, reported progress, and asked for leave to sit again.

Thereupon,
The House adjourned until nine o'clock to-morrow morning.

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FRIDAY, MAY 8, 1835.

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The House met pursuant to adjournment. 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 petition of sundry inhabitants of the county of Kings, praying for the incorporation of a company to construct a turnpike road from Brooklyn to Coney Island, reported, that in the opinion of the committee, the prayer of the petitioners ought not to be granted.

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. Anthony, from the committee on the establishment and improvement of roads and bridges, and the incorporation of turnpike companies, to which was referred the petitions of sundry inhabitants of the counties of Otsego and Schoharie, in relation to a macadamized road from Albany to Owego, reported, and recommended that the petitioners have leave to withdraw their petitions.

[See Document No. 387.]

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 Owen Wilds, for relief, reported, and recommended that the prayer of the petitioner be denied.

(See Document No. 395.) 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. Judd, from the committee appointed in pursuance of a resolution of this House, to report all such business as in their opinion should be entitled to receive the action of the House during the present session, reported the bill entitled "An act in relation to the State arsenal."

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

Mr. Griswold, from the committee on the erection and division of towns and counties, to which was referred the engrossed bill from the Senate, entitled “An act to divide the town of Cuba in the county of Allegany,” 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. Anthony, from the committee on ihe establishment and improvement of roads and bridges, and the incorporation of turnpike companies, to which were referred the petition and remonstance in relation to the bridge across the Mohawk river at Schenectady, reported; concluding, that in the opinion of the committee, the prayer of the petition ought not to be granted.

[See Document No. 396.) Ordered, That the said report be laid upon the table.

Mr. Suffern, from the committee on engrossed bills, reported, that the committee have examined the engrossed bill entitled "An act in relation to the Capitol;" the engrossed bill entitled "An act to amend an act entitled "An act in relation to the superintendents of the poor of the several counties of this State,' passed April 25, 1832;" the engrossed bill entitled "An act to amend the act entitled 'An act to continue in force the act passed February 24th, 1809, authorising Jonas C. Baldwin to erect a dam across the Seneca river,' passed April 7th, 1827;" the engrossed bill entitled "An act to satisfy the claim of the heirs of Henry Satterly, a soldier of the revolution, to bounty lands;" the engrossed bill entitled “An act for the relief of William Jerome;" the engrossed bill en

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titled "An act respecting costs in certain proceedings and actions; and the engrossed bill entitled "An act to amend chapter fifteenth of part first of the Revised Statutes, entitled 'Of public instruction;"” and find the said bills sererally correctly engrossed.

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

The House then proceeded to the consideration of the report of the committee on grievances, on the petition of Samuel R. Matthews, praying to be indemnified for the seizure of certain property; the said report being, that the committee were of the opinion that the prayer of the petitioner ought not to be granted.

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

The House then proceeded to the consideration of the report of the committee of the whole, on the bill entitled "An act to provide for the payment of Jacob Trumpbour for surveying the canals of this State;" the said report being, that the committee had gone through the said bill, and agreed to the same with an amendment.

Thereupon, Mr. M. H. Sibley made a motion that the House should agree to amend the report of the committee of the whole, as follows:

Strike out all of the first section of the bill, after the words "such sum,” in the third line of the first section, and insert,

"As shall be awarded to the said Jacob Trumpbour by the decision of the supreme court of this State, upon a case to be made.

Ş 2. The report of the select committee to which was referred the memorial of Jacob Trumpbour and Holmes Hutchinson, together with the documents accompanying the same, (see Assembly Documents, Nos. 334 and 335, of 1832,) are hereby made a case for the decision of the supreme court.

“Ş 3. This law shall not be binding upon the State, unless the said Jacob Trumpbour shall, within sixty days after this law takes effect, file with the clerk of the said supreme court in the city of Albany, a stipulation on his part to abide by and perform the decision of the said court.

"§ 4. The attorney-general shall be authorised to appear on the argument of the said case, in behalf of this State; and the said court is hereby authorised, in case their decision shall be in favor of the said Jacob Trumpbour, to award to him his fair and equitable costs, charges, damages and expenses, as well upon his application to the legislature for relief, as upon the prosecution of the said case; provided that if the supreme court shall be of opinion that the said Jacob Trumpbour is not entitled to any compensation for his services rendered after the time he was directed by the canal commissioners to discontinue his survey of the canals, then the said Jacob shall pay all the costs and expenses which shall accrue to the State by reason of the passage of this act.”

Mr. Speaker put the question whether the House would agree to the said motion of Mr. M. H. Sibley, and it was determined in the affirmative.

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AYES 537
NAYS 38 )

The ayes and nays being required by ten members,

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Mr. Barnes
Mr. Bennet
Mr. A. Brown
Mr. G. Brown
Mr. Burke
Mr. Burr
Mr. Cash
Mr. A. Clark
Mr. C. Clark
Mr. Clinch
Mr. Coe
Mr. Crary
Mr. Cuykendall
Mr. Davis
Mr. Denniston
Mr. Eldred
Mr. Farwell
Mr. Finch

Mr. Fisher
Mr. J. Haskell
Mr. Healy
Mr. Hendee
Mr. Hertteli
Mr. Hildreth
Mr. Horton
Mr. Judd
Mr. Kent
Mr. J. W. Lewis
Mr. T. Lewis
Mr. Lockwood
Mr. M'Cluer
Mr. M'Neil
Mr. Moore
Mr. Niles
Mr. Ogden
Mr. P. W. Paddock

Mr. Patterson
Mr. Preston
Mr. Quackenboss
Mr. Rice
Mr. Richmond
Mr. Ringgold
Mr. Seger
Mr. M. H. Sibley
Mr. Simmons
Mr. E. Strong
Mr. Suffern
Mr. Thorn
Mr. Tyrrel
Mr. Waldron
Mr. Wetmore
Mr. Williams
Mr. W.Woodworth

53

Those who voted in the negative are
Mr. Adams
Mr. Griswold

Mr. Phillips
Mr. Anthony Mr. Harvey

Mr. Philo
Mr. Beccher

Mr. A. Hascall Mr. Shepard
Mr. Benjamin Mr. Hillyer

Mr. D. Sibley
Mr. Brooks
Mr. Jackson

Mr. Speaker
Mr. Barnum
Mr. Jones

Mr. Springer
Mr. Cadwell
Mr. Krum

Mr. Tillinghast
Mr. Carpenter Mr. Loomis

Mr. Wager
Mr. Carr
Mr. Lvtle

Mr. Wheeler
Mr. Crain
Mr. Murphy

Mr. Wilkinson
Mr. Crosby
Mr. Odell

Mr. Woodbury
Mr. Crowell
Mr. Parker

Mr. Wylie

38
Mr. Gray

Mr. Pettit
Mr. Speaker put the question whether the House would agree to
the said report as amended, and it was determined in the affirma-
tive.

AYES 59
NAYS 42

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The ayes and nays being required by ten nembers,

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