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purchase by the State of ten thousand acres of timbered land for the use of the Clinton Prison," reported in favor of the passage of the same, withi amendments, and said bill was committed to the committee of the whole.

Mr. Williams, from the committee on railroads, to which was referred the Assembly bill entitled "An act to facilitate the construction of the Dunkirk, Warren and Pittsburgh railroad, and to authorize towns in the county of Chautauqua to subscribe to the capital stock of said com pany," with power to report complete, reported the same complete, which report was agreed to and said hill ordered to a third reading.

Mr. Williams, from the committee on railroads, to which was referred the Assembly bill entitled "An act to facilitate the construction Middleburgh and Schoharie railroad, and to regulate the weight of rail and the fare on the same," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading

Mr. Williams, from the committee on railroads, to which was referred the Assembly bill entitled "An act to facilitate the construction of the Wallkill Valley railroad, and to exempt from certain taxation the town bonds to be used in the construction thereof," reported in favor of the passage of the same, with amendments, and said bill was committed to the committee of the whole.

Mr. Williams, from the committee on railroads, to which was referred the Assembly bill entitled “An act to encourage the construction of the Southern Central railroad, and to exempt for a limited time the town, village and city bonds from certain taxation, made or hereafter to be made, in pursuance of an act entitled 'An act to facilitate the construction of the Southern Central railroad, and to authorize towns to subscribe to the capital stock thereof, passed April 7, 1866," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Kline, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act to provide money for building a bridge over Salmon river, in the village of Pulaski," reported in favor of the passage of the same.

On motion of Mr. Wolcott and by unanimous consent, the rule was suspended, and said bill recommitted to the committee, with power tó report complete.

Mr. Barnett, from the committee on charitable and religious societies, to which was referred the Assembly bill entitled "An act for the benefit and relief of the Augusta Cemetery Association," reported in favor of the passage of the same.

On motion of Mr. Campbell and by unanimous consent, the role was suspended, and said bill recommitted to the committee, with power to report complete.

Mr. Barnett, from the committee on charitable and religious societies, to which was recommitted the Assembly bill entitled "An act for the benefit and relief of the Augusta Cemetery Association," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Gibson, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to change the time of holding the Circuit Court and Court of Oyer and Terminer, in and for the county of Lewis," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

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Mr. Gibson, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to amend the act establishing a recorder's court in the city of Utica," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

hite, from the committee on literature, to which was referred the Assembly bill entitled "An act to authorize the board of education of the Union School District No. 11, in the town of Whitehall, to borrow money to build a school house in said district,” with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Sessions, from the committee of conference, appointed on the part of the Senate and Assembly to consider the matters in controversy between the two Houses in relation to the amendments made by the Senate to the Assembly bill entitled "An act making appropriations for the support of government,” report that they have agreed to recommend the following:

That the Senate shall recede from the amendment on page 5, line 21, of the engrossed bill, appropriating two thousand dollars, instead of fifteen hundred dollars of each of the State Assessors.

Also, that the Senate shall recede from their amendment page 8, line 10, striking out the words “two or” and inserting "one," and on the 11th line striking out the words "more," the letter "g" in the word "assistants," and changing the word “two” to “one," so that the paragraph shall read as before, with the following clause added at the end:

Provided that one assistant shall be employed in labeling the duplicate geological and paleontological specimens for distribution, as required by law."

That the Assembly concur in the following amendments of the Senate as in all other amendments, namely:

"For the Hudson River State Hospital for the Insane, for salaries of medical superintendent and treasurer, $4,500.”

Also, on page 2, of the engrossed bill, changing the salary of the
Deputy Attorney General from “$1,500 ” 'to "$2,000.”
W. L. SESSIONS.

D. P. WOOD,
EZRA CORNELL,

J. LORD,
HENRY C. MURPHY,

ELLIS H. ROBERTS,
Senate Committee.

Assembly Committee. The President put the question whether the Senate would agree to the report of the committee of conference, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

FOR THE AFFIRMATIVE.
Andrews Collins

Gibson

O'Donnell Stanford
Barnett
E. Cornell Godard

Parsons

Sutherland
Bennett Crowley Kline

Platt

Whito
Campbell Folger

La Bau
Sessions

Wolcott 20 Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have agreed to the report of the conference committee.

The Senate then resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the Assembly bill entitled as follows:

"An act to provide the means by tax and to make an appropriation to pay certain awards made by the Canal Appraisers and the Canal Board, and to pay the expenses of sundry improvements upon the canals not chargeable to ordinary repairs."

After some time spent therein, the President resumed the chair, and Mr. O'Donnell, from said committee, reported progress on said bill, and asked and obtained leave to sit again.

The Assembly returned the bill entitled "An act to amend chapter 819 of the Laws of 1866, entitled 'An act to incorporate the village of New Brighton,'” with a message that they had passed the same, with the following amendments:

Section 4. Section two of title two of said act is bereby amended so as to read as follows:

On the third Tuesday after the passage of this amendment, a special election shall be held for the election of the four trustees of said village. The trustees so elected shall respectively hold office until the commencement of the terms of their-successors, to be chosen at the regular annual elections provided for in the act hereby amended. Augustus Prentice, James W. Simonton, Francis George Shaw and William J. H. Bodine, acting trustees of said village, are hereby appointed to perform the same duties with regard to such special election as are imposed upon the trustees of said village in section ten, title two of the act hereby amended, with regard to annual elections; Mark Cox, acting clerk of said village, is hereby also appointed to perform the same duties with regard to such special election as are so imposed upon the clerk of said village; and said special election shall be held and conducted in the same manner as is prescribed for the regular annual elections in said section ten, title two, of said act. The tax assessed in said village, for the year eighteen hundred and sixty-six, by the acting trustees above named, in conformity with the act hereby amended, and all other acts and proceedings of said persons acting as a board of trustees for said village of New Brighton in conformity with said act, are hereby legalized and confirmed; and the trustees who shall be elected under this amendment shall, within ten days after their organization as a board of trustees, issue their warrant, requiring the treasurer of said village to collect any unpaid balance of said tạx, but without penalty for previous non-payment, provided the same shall be paid within thirty days from the date of the issue of sach. warrant; but, in case any portion of said tax shall remain unpaid at the expiration of said thirty days, then the penalties mentioned in section three, title five, of the act hereby amended, shall attach as therein provided. The election of Theodore C. Vermilye as police justice in the village of New Brighton held on the twenty.second day of May, one thousand eight hundred and sixty-six, and the acts performed by him as such police justice, are hereby legalized and confirmed.

§ 1. Section four of title one of chapter eight hundred and nineteen of the laws of eighteen hundred and sixty-six entitled "An act to incorporate the village of New Brighton," is hereby amended by adding thereto the following:

All that portion of chapter one hundred and eighty-two of the laws of eighteen hundred and sixty-three, wbich relates to the town of Castleton and the New Brighton road commissioners, is hereby repealed.

$ 5, Section three of title two of said act, is hereby amended so that the last of said section shall read as follows:

The first separate election of trustees for the first and third wards under this act shall be held on the second Tuesday in June, eighteen hundred and sixty-eight, and for the second and fourth wards, on the second Tuesday in June, one thousand eight hundred and sixty-nine.

$ 6, Section five of title two of said act, is hereby amended so as to read as follows:

Said police justice shall reside and keep an office within the village of New Brighton, and it shall be the duty of the trustees to provide a suitable court room within said village, and said police justice shall regularly hold court therein every day, (Sundays and legal holidays excepted). It shall be the duty of said police justice to be in attendance at his court room and ready for the transaction of business, daily, as above, from ten o'clock in the forenoon to three o'clock in the afternoon, and at such other hours as he may deem proper. The jurisdiction of said police justice shall, within said village, be the same as that now possessed by justices of the peace in the town of Castleton, in both civil and criminal cases, and said police justice shall have power within said village, and it shall be his duty to hear, try, determine, and render judgment in all civil and criminal cases, special proceedings, matters and things, in all respects as justices of the peace now have power to do in Richmond county, and to issue warrants for the apprehension of criminals and those suspected of or charged with crime, and in proper cases to bind the prisoner over for trial at a higher court, and also to issue summons, subpænas, venires and any and all other writs necessary and proper for the full execution of the powers hereby conferred upon him, and to enforce obedience to said several writs the same as justices of the peace can now do. The form and substance of the several writs and processes issued by said police justice, in all cases, shall be the same, as near as may be, with those now issued by justices of the peace, and shall be returnable within the same time; and said police justice shall be entitled to charge the same fees in civil cases as justices of the peace. The keeper of Richmond county jail and all other officers of said.

. county, as well as those of the town of Castleton, are hereby required to obey and give the same force and effect to all the orders, commitments, judgments and decrees of said police justice, as though the same were issued by a justice of the peace. An appeal may be taken from all decisions of said police justice in both civil and criminal cases to the same court, and whenever an appeal would lie from a like decision made by a justice of the peace.

$4. Section eight of title two of said act, is hereby amended so as to read as follows:

It shall be the duty of any justice of the peace of said town of Castleton, in case of sickness of the police justice of the village of New Brighton, or his absence from the village, or inability to act, or during a vacancy in said office, and upon the written request of the president of the board of trustees, to hold police court in the court room where said court is usually held, for such time as said president shall designate; but only until said police justice shall be ready to hold court; and such justice of the peace so holding said court shall be entitled to receive therefor the same amount as fees, as said police justice would be entitled to receive for the same number of days' salary. All money so paid to any justice of the peace shall be paid out of the village treasury, and shall be deducted from the salary of said police justice, but no justice of the peace shall be entitled to, or shall receive any fees or compensation for any criminal business of any kind performed or arising within said village, except as above provided. No person or property within said village shall be taxed to pay the fees of any justice of the peace, or constable, for services of any kind in any criminal action, and any court of competent jurisdiction shall

, on application, restrain the collection of the same by injunction or otherwise. (SENATE JOURNAL?

104

§ 5. Section ten of title two of said act, is hereby amended so that the first clause of the said section shall read as follows:

The annual election shall be held on the second Tuesday in June, of

each year.

1

§ 9. Section one of title three of said act is hereby amended so that the clause of the first paragraph of said section shall read as follows:

They shall also have power within the village, and it shall be their duty.

§ 10. Section five of title three of said act is hereby further amended so that the 7th, 9th, 18th, 19th and 20th suubdivisions thereof shall read as follows:

7. To restrain and prevent cattle, horses, sheep, swine, goats, geese and all other animals from going at large or grazing in the roads, streets, and public places of the village; to purchase or lease suitable plots of ground, or otherwise to erect, maintain or provide two pounds, in convenient places in the village, to appoint two pound masters and fix their compensation; to cause animals impounded and not redeemed within a time to be fixed by the board, to be sold to pay the penalties and charges, or, in their discretion, to proceed against the owner or owners of such animals by action for the recovery of such penalties as may be imposed by any by-law or ordinance of the board of trustees prohibiting the same, together with costs of suit. Any person allowing any cattle, horses, sheep, swine, goats, geese, or any animal belonging to him or her, to run at large in the roads, streets, or public places of said village, shall be liable to a fine of one dollar per head, over and above all penalties prescribed by the trustees, for each and every animal so permitted to run at large, to be recovered and retained by any resident of the village before the police court of said village, or any justice of the peace. The trustees are hereby authorized to require the owner or owners of any land bordering on any highway of said village, to erect and maintain a suitable fence along the line of such highway, and in case of the neglect or refusal of such owner or owners to erect such a fence within a reasonable time to be fixed by the board, said trustees are hereby authorized to cause the same to be erected, and the cost thereof shall be a lien upon the land so fenced, and may be recovered by action against such owner or owners by suit before any court or the police justice of the village, whatever the amount may be, or may be collected in the same manner as provided for the collection of taxes in said.village. Any person convicted, in due course of law, of willfully tearing down, removing, or injuring any fence within the village, shall be deemed guilty of a misdemeanor, and shall be punished by a fine not exceeding one hundred dollars, or by imprisonment in the county gaol not exceeding thirty days, or both in the discretion of the court.

9. To appoint and remove at pleasure one marshal for the village, and such policemen as may, in their judgment, be necessary, not exceeding three for each ward. Said marshal and policeman shall have and exercise, within said village, all the powers which constables now have in Richmond county, and which policemen now have within the Metropolitan police district, and in criminal cases shall also execute all writs, processes and judgments of the police justice, or of any justice of the peace acting instead of said police justice, as hereinbefore provided, and all lawful orders of the president and of the board of trustees. The compensation of such marshal shall be fixed by the board of trustees at the time and in the manner herein provided, but shall not exceed one thousand dollars per annum for all services performed by him, and the pay of the policeman shall not exceed two dollars each for one day and night.

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