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Queens, to record and index the notices of pendency of actions on file in his office," reported in favor of the passage of the same.

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

Mr. Folger, from the committee on the judiciary, to which was referred the Assembly bill entitled "An act to provide for the drainage of the low lands in the west part of the town of Newfane, and the south-east part of the town of Wilson, in the county of Niagara,” reported in favor of the passage of the same, with amendments.

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

Mr. Humphrey, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act to provide for the laying out and opening a public highway in the town of New Utrecht, Kings county," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Humphrey, from the committee on roads and bridges, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act in relation to plankroads,' passed April 15, 1853,”! reported adversely thereto, which report was agreed to and said bill rejected.

Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have non-concurred in the passage of the same.

Mr. Humphrey, from the committee on roads and bridges, to which was referred the Assembly bill entitled “An act to authorize the office of engineer of highways, and to abolish the office of overseer of highways in Richmond county," reported adversely thereto, which report was agreed to and said bill rejected.

Ordered, That the Clerk return said bill to the Assembly, with a mcssage informing that the Senate have non-concurred in the passage of the same.

By unanimous consent, Mr. Platt asked and obtained leave to introduce a bill entitled "An act to legalize and confirm the acts of Henry E. Barnard, as justice of the peace of the county of Clinton,” which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Platt and by unanimous consent, the rule was suspended and said bill read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, as follows:

FOR THE AFFIRMATIVE. Andrews Collins

Kline

T. Murphy Plati
Barnett
Gibson
La Bau
Nicks

Sessions
Bennett
Godard
Lent

O'Donnell Wilbor
Chambers Humphrey Low

Parsons

Wolcott 20 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

Mr. Andrews, from the committee on literature, to which was referred the bill entitled "An act to incorporate the Edgewater Literary Union," with power to report complete, reported the same complete, which report was agreed to and said bill ordered engrossed for a third reading.

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On motion of Mr. La Bau and by unanimous consent, said bill was read a third time.

The President put the question whether the Senate would agree to the final passage of said bill, and it was decided in the affirmative, a majority of all the members elected to the Senate voting in favor thereof, as follows:

FOR THE AFFIRMATIVE. Andrews Crowley

Kline

O'Donnell Stanford
Barnett
Folger
La Bau
Parsons

Wilbor
Bennett
Godard
Lent
Platt

Williams
Chambers Humphrey Nicks

Sessions

Wolcott Collins

21 Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein

The bill entitled "An act to amend an act to permit the town of Lowville to subscribe for stock in a railroad company, and to raise money to pay such subscription,” was read a third time.

The President put the question whether the Senate would agree to the final passage of said bill

, 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

Kline

O'Donnell Stanford
Barnett
Gibson
Lent
Parsons

Wilbor
Bennett
Godard
Low
Platt

Wolcott
Chambers Humphrey T. Murphy Sessions

19 FOR THE NEGATIVE. Folger

Williams Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

Mr. Barnett, from the committee on charitable and religious societies, to which was referred. the Assembly bill entitled "An act to authorize the trustees of the First Baptist Society of Mendon to convey their burial grounds to the Mendon Cemetery Association,” reported in favor of the passage

of the same. On motion of Mr. Parsons and by unanimous consent, the rule 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 referred the Assembly bill entitled "An act to incorporate the Mendon Cemetery Association," reported in favor of the passage of the same,

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

Mr. O'Donnell, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill entitled "An act to authorize the lighting of public streets and avenues in the town of Westfarms, in the county of Westchester," reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Stanford, from the committee on the erection and division of towns and counties, to which was referred the Assembly bill entitled "An act to erect the town of Ashland, in the county of Chemung," 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. Low, from the committee on railroads, to which was referred the Assembly bill entitled "An act to reduce the number of directors of the Schoharie Valley Railroad Company,” reported in favor of the pasage of the same, and said bill was committed to the committee of the whole.

Mr. Low, from the committee on railroads, to which was referred the Assembly bill entitled "An act for the relief of the Hunter's Point and Rockaway Beach Railroad Company," with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Low, from the committee on railroads, to which was referred the Assembly bill entitled "An act authorizing the North Side Railroad Company of Long Island, to construct draw-bridges on the line of their road," with power to report complete, reported the same complete, with amendments, which report was agreed to and said bill ordered to a third reading:

Mr. Low, from the committee on railroads, to which was referred the Assembly bill entitled "An act to amend an act entitled 'An act to authorize certain towns in the counties of Ulster, Delaware, Green and Schoharie, to issue bonds and take stock in the Rondout and Oswego Railroad,” with power to report complete, reported the same complete, which report was agreed to and said bill ordered to a third reading.

Mr. Low, from the committee on railroads, to which was referred the Assembly bill entitled "An act to authorize the construction of a railroad in 125th street, and certain other streets, roads and avenues in the city of New York,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Low, from the committee on railroads, to which was referred the Assembly bill entitled "An act to incorporate the Sheep's Head Bay and Coney Island Stage Company,reported in favor of the passage of the same.

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

The order of business of general orders having been announced.

The President announced the question pending, to be the motion to recommit the bill entitled "An act providing for relief against illegal taxation,” to the committee of the whole.

Mr. Low moved to amend, that the bill be recommitted to the committee on the judiciary, with instructions to strike out the enacting clause.

The President put the question whether the Senate would agree to said motion of Mr. Low, and it was decided in the negative, as follows:

FOR THE AFFIRMATIVE.
Bennett
Gibson
Low
Platt

Wilbor
Campbell La Bau
O'Donnell Sessions

Wolcott
Chambers Lent

Parsons
Stanford

14
FOR THE NEGATIVE.
Andrews C. G. Cornell Godard

H. C. Murphy Pierson
Barnett Crowley Humphrey T. Murphy Williams
Collins
Folger
Kline
Nicks

Wood
Mr. Folger moved to recommit to the committee on the judiciary, with
instructions to report back a bill conferring power to pay back taxes
illegally and erroneously assessed by the boards of supervisors of
such counties as any Senator shall designate within his own county to
such committee; and also with instructions to insert a clause that the

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State shall not in any event be liable for any part of the taxes so refunded.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

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

"An act for the relief of Junius H. Hatch, conferring jurisdiction on the Canal Appraisers to hear and determine his claim for compensation for lands appropriated to the enlargement of the Erie canal."

"An act for the relief of Clinton Stephens."

"An act to authorize the city of Oswego to borrow money for the purpose of building a bridge, and to provide by appropxation for its construction over the Oswego canal.”

After some time spent therein, the President resumed the chair, and Mr. Parsons, from said committee, reported in favor of the passage of the first named bill, without amendment, which report was agreed to aud said bill ordered to a third reading.

Mr. Parsons, from the same committee, reported in favor of the passage of the second named bill, with amendments.

The President put the question whether the Senate would agree to the report of the committee of the whole on said bill, and it was decided in the affirmative, as follows:

Barnett
Collins
C. G. Cornell
E, Cornell

Folger
Godard
La Bau
Lent

FOR THE AFFIRMATIVE,

H. C. Murphy Parsons
T. Murphy Platt
Nicks

Sutherland
O'Donnell

Williams
Wolcott
Wood

18

FOR THE NEGATIVE.
Crowley Humphrey Low

Stanford Wilboi
Gibson
Kline

Sessions
Ordered, That said bill be read a third time.

Mr. Parsons, from the same committee, reported in favor of the passage of the last named bill, with amendments.

Mr. Wolcott moved to recommit said bill to the committee on canals, with instructions to strike out the amendments made in committee of the whole, and report the same complete.

The President put the question whether the Senate would agree to said motion of Mr. Wolcott, and it was decided in the negative, as follows:

FOR THE AFFIRMATIVE.
Barnett
Godard

O'Donnell Sutherland Williams
Collins
H. C. Murphy Platt

Wilbor

Wolcott
C. G. Cornell Nicks

FOR THE NEGATIVE.
Bennett
Crowley Humphrey

Lent

Sessions
Chambers Folger

Kline
Low

Stanford
E. Cornell Gibson

La Bau

Parsons The President then put the question whether the Senate would agree to the report of the committee of the whole, and it was decided in the affirmative.

Ordered, That that said bill be read a third time.

The Assembly returned the bill entitled "An act to amend an act entitled 'An act to incorporate the village of White Plains,' passed April 3, 1866," with a message that they had concurred in the passage of the same, with the following amendments:

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Section 1, title 4, line 9, engrossed bill, strike out the words "one thousand” and insert "five hundred.” Line 10, after the word "provided," insert the words " and except also such sums as may be required to pay the expenses of lighting the streets with gas."

The President put the question whether the Senate would agree to to concur in the amendments of the Assembly to said bill, 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. Barnett

C.G. Cornell Humphrey H. C. Murphy Parsons Bennett Crowley

Kline

T. Murphy Platt
Chambers Folger

La Bau
Nicks

Sessions
Collins
Godard
Low

O'Donnell Wilbor Ordered, That the Clerk return said bill to the Assembly, with a message informing that the Senate have concurred in their amendments.

The Assembly returned the bill entitled "An act for the protection of persons traveling upon the Fourth avenue, in the city of New York,” with a message that they had passed the same with the following amendments:

Section 1, line 5, strike out "twenty-four" and insert“ twenty-six."
Add the following as section six:
" $6. The Legislature may at any time, amend or repeal this act."
Change number of remaining sections to correspond.

The President put the question whether the Senate would agree to concur in the amendments of the Assembly to said bill, 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.
Barnett
Crowley
La Bau
Nicks

Sessions
Bennett
Folger
Lent

O'Donnell Stanford
Chambers Godard

Low
Parsons

Wilbor
Collins
Kline
T. Murphy Platt

Wolcott
E. Cornell

21 Ordered, That the Clerk return said bill to the Assembly, with a mossage informing that the Senate have concurred in their amendments.

A message from the Assembly was received and read, in the words following:

The committee of conference on the matters in difference between the Senate and Assembly, on the bill of the Senate No. 9, entitled “An act to amend chapter 819 of the Laws of 1866, entitled 'An act to incorporate the village of New Brighton,'” report as follows:

That they agree to the amendments of the Assembly, except sections 12 and 15, and recommend that said sections be stricken out of the amendments. N. J. WYETH,

N. B. LA BAU,
S. HARRINGTON,

GEO. H. ANDREWS,
H. F. TARBOX,

AND, H. WHITE,
ALPHEUS PRINCE,

Com. on part of Senate.
B. F. BRUCE,
Com. on part of Assembly.

IN ASSEMBLY, April 1867.
Report of committee of conference agreed to.
By order.

LUTHER CaldweLL, Clerk. The President put the question whether the Senate would agree to the report of the conference committee, and it was decided in the affirmative, [SENATE JOURNAL.]

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