Ordered, That the clerk deliver the said bill to the Assembly, and inform them that the Senate have passed the same without amend

ment.

Ordered, That the committee of the whole be discharged from the further consideration of the bill from the Assembly, entitled "An act to increase the capital stock of the Alexander Classical School," and that the same be ordered to a third reading.

Ordered, That the committee of the whole be discharged from the further consideration of the bill from the Assembly, entitled "An act supplemental to an act entitled An act to amend and modify the several acts relating to the village of Newburgh, and to combine the same into one act," and that the same be referred to the committee of the whole when on the unfinished business of yesterday.

Then the Senate adjourned until 10 o'clock to-morrow morning.

WEDNESDAY, 10 O'CLOCK, A. M.-MARCH 29, 1837.

The Senate met pursuant to adjournment.

Mr. Downing presented the petition of John Jackson and others, for the confirmation of the order and decree of the vice-chancellor of the first circuit, relative to the sale of real estate; which was read, and referred to the committee on the judiciary.

Mr. Lawyer presented the petition of sundry inhabitants of Schoharie county, for the Sloansville Bridge Company in the town of Schoharie; which was read, and referred to the committee on roads and bridges.

Mr. J. P. Jones presented the petition of sundry inhabitants of the county of Sullivan, for the erection of a new town from parts of the towns of Thompson and Mamakating, in said county, by the name of Forrestburgh; which was read, and referred to the committee on the division of towns and counties.

Mr. Edwards presented the petition of Solomon G. Steele, for an amendment of the poor laws; which was read, and referred to the committee on poor laws.

Mr. Lawyer presented the petition of sundry inhabitants of Schoharie county, for a loan to the Canajoharie and Catskill Rail-Road Company; which was read, and referred to the committee on rail-roads.

Mr. Seger presented the petition and two several remonstrances of sundry inhabitants of Turin, in relation to the passage of a law to confirm the election of certain persons to the office of justice of the peace; which were read, and referred to the committee on the judiciary.

Mr. Paige presented the memorial of the president, directors and company of the Mohawk Bridge Company, against the passage of the bill concerning the Mohawk and Hudson Rail-Road Company; which was [SENATE JOURNAL.]

G 2

read, and referred to a select committee, consisting of the senators attending the Senate from the third senate district.

Mr. Willes presented the petition of sundry inhabitants of Chester in the county of Warren, praying for the extension of the Cedar point. road; which was read, and referred to the committee on roads and bridges.

Mr. Dickinson, from the committee on canals, reported without amendment, the bill from the Assembly, entitled "An act in addition to an act entitled 'An act for the relief of the Chenango canal contractors,' passed the 16th April, 1836, and the amendment thereto, passed the 25th May, 1836;" which was agreed to by the Senate, and the bill ordered to a third reading.

Mr. Willes, from the committee on roads and bridges, reported without amendment, the bill from the Assembly, entitled "An act to amend the act entitled 'An act to incorporate the Buffalo and Williamsville McAdam Road Company,' passed May 3, 1836;" which was agreed to by the Senate, and the bill ordered to a third reading.

Ordered, That the committee on roads and bridges be discharged from the further consideration of the bill from the Assembly, entitled "An act to appoint commissioners to alter and lay out a road from the Dutchess county line to the house of Reuben Lapham in Taghkanick, Columbia county," and that the same be referred to a select committee, consisting of the senators attending the Senate from the third senate district, to report complete.

Mr. Tallmadge, from a select committee, reported without amendment, the bill from the Assembly, entitled "An act to amend title sixteen of chapter twenty, of the first and sixth parts of the Revised Statutes, entitled 'Of the preservation of deer and certain game and animals,' and the act extending the same, passed March 14, 1833;" which was agreed to by the Senate, and the bill ordered to a third reading.

Mr. Powers, from the committee on public buildings, to whom was referred the petition of sundry inhabitants of the county of Onondaga, praying for an amendment of the act authorizing the establishment of the New-York State Lunatic Asylum, reported against the prayer of the petitioners.

Ordered, That said report be laid on the table.

A copy of a resolution was received from the Assembly, and read in the words following, to wit:

Resolved, (if the Senate concur,) That the surplus waters of the Glen's Falls feeder dam be excepted from the operation of the joint resolution which passed the Legislature in 1831, in relation to the surplus waters of the State; and that the Canal Commissioners are hereby authorized to lease said waters, upon such terms, conditions and limitations as they may think most conducive to the public interest.

Ordered, That the said resolution be referred to the committee on canals.

The bill entitled "An act altering the name of Andrew Jackson Cooke," was returned by the Assembly, with a message informing that they had passed the same without amendment; which was presented to his excellency the Governor by the clerk.

A bill was received from the Assembly for concurrence, entitled "An act to incorporate the Prospect-Ridge Academy;" which was read the first time, and by unanimous consent was also read a second time, and referred to the committee on literature.

A bill was received from the Assembly for concurrence, entitled "An act to authorize John C. Clark to erect a dam across the Chemung river;" which was read the first time, and by unanimous consent was also read a second time, and referred to a select committee, consisting of the senators attending the Senate from the sixth senate district.

A bill was received from the Assembly for concurrence, entitled "An act concerning the dredging machine owned by this State;" which was read the first time, and by unanimous consent was also read a second time, and referred to the committee on canals.

A bill was received from the Assembly for concurrence, entitled "An act authorizing the raising of money to repair a bridge across the Roundout creek in the town of Marbletown, and for other purposes;" which was read the first time, and by unanimous consent was also read a second time, and referred to the committee on roads and bridges.

A bill was received from the Assembly for concurrence, entitled "An act to confirm the official acts of Henry G. Cotton, a supreme court commissioner;" which was read the first time, and by unanimous consent was also read a second time, and referred to the committee on the judiciary.

Ordered, That the committee of the whole be discharged from the further consideration of the bill, entitled "An act to renew the act entitled An act to amend an act entitled 'An act to authorize the erection of a dam across the Genesee river at Mount-Morris,' passed April 15, 1829,'" and that the same be engrossed for a third reading.

Ordered, That the committee of the whole be discharged from the further consideration of the bill from the Assembly, entitled "An act to incorporate the Orphan Asylum of St. John's church in the city of Utica," and that the same be ordered to a third reading.

Mr. J. P. Jones moved the following resolution :

Resolved, That the academies in every section of this State, of like endowments and usefulness, ought to be permitted to participate in the income of the literature fund on equal terms; and that it is unjust to exclude those academies which have an investment over $2,500, and flourishing classical schools, whilst other academies of less than $1,600 of real and personal property, including library, are and have long been permitted to share in the benefits of that income.

Ordered, That the said resolution be referred to the committee of the whole when on the bill on that subject.

The bill from the Assembly, entitled "An act in addition to an act entitled An act for the relief of the Chenango canal contractors,' passed the 16th April, 1836, and the amendment thereto, passed the 25th May, 1836," was read the third time.

Mr. Sterling moved to lay the question on the final passage of the said bill on the table.

Mr. President put the question on agreeing to said motion, and it was decided in the negative.

The yeas and nays being moved and seconded, were as follows, to wit:

Thereupon,

Mr. Sterling

Mr. Tracy

Mr. Van Dyck

Mr. Willes

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Mr. President put the question on the final passage of said bill, and it was decided in the affirmative.

The yeas and nays being moved and seconded, were as follows, to wit:

Ordered, That the clerk deliver the said bill to the Assembly, and inform them that the Senate have passed the same without amend

ment.

Mr. Huntington, from the committee on engrossed bills, reported as correctly engrossed, five several bills, of the following titles, to wit: "An act relative to the ordinances of the common council of the city of New-York:"

"An act regulating the price to be paid for land taken for the enlargement of the Erie canal 3

"An act to amend an act entitled 'An act to incorporate the Florida and Duanesburgh turnpike road company,' passed May 25, 1836:" "An act to alter the map or plan of the city of New-York, by establishing a public square or place in the sixteenth ward of said city:" "An act to amend the act entitled 'An act to incorporate the Saratoga and Schenectady Bridge Company,' passed April 2d, 1836, and for other purposes."

Thereupon,

The said engrossed bill, entitled "An act to amend the act entitled 'An act to incorporate the Saratoga and Schenectady Bridge Company,' passed April 2d, 1836, and for other purposes," was read the third time and passed; two-thirds of all the members elected to the Senate voting in favor thereof, as follows, to wit:

The said engrossed bill, entitled "An act to alter the map or plan of the city of New-York, by establishing a public square or place in the sixteenth ward of said city," was read the third time and passed.

The said engrossed bill, entitled "An act to amend an act entitled 'An act to incorporate the Florida and Duanesburgh Turnpike Road Company,' passed May 25, 1836," was read the third time and passed; two-thirds of all the members elected to the Senate voting in favor thereof, as follows, to wit:

The said engrossed bill, entitled "An act regulating the price to be paid for land taken for the enlargement of the Erie canal," was read the third time and passed.