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the city of Kingston, to revise the charter of said city, and to
establish a city court therein and define its jurisdiction and
powers.” (No. 948, Int. No. 794.)

‘An act to amend an act entitled 'An act to create a public
improvement commission in and for the city of Cohoes and definė
its powers and duties' passed April 12, 1898.” (No. 711, Int. No.
627.)

An act to amend chapter 394 of the Laws of 1895, entitled "An act to revise the charter of the city of Oswego,' as amended by chapter 263 of the Laws of 1897.” (No. 959, Int. No. 805.)

Mr. White offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of the bill (No. 1149) entitled " An act in relation to the civil service of the State of New York, cities and civil divisions thereof” (Int. No. 355), and that said bill be ordered to a third reading and made a special order for tomorrow immediately after the reading of the journal.

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The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative, two-thirds of all the members present voting in favor thereof.

Mr. Higgins moved that the motion to suspend the rules pursuant to notice heretofore given for the purpose of reading, passling and transmitting to the Assembly out of its regular order the bill (No. 780) entitled “ An act to provide for the establishment of a State electric plant, and making an appropriation therefor" (Int. No. 690), be made a special order immediately after the special order already made.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, two-thirds of all the members present voting in favor thereof.

The Assembly sent for concurrence the following entitled bills:

An act to authorize the common council of the city of Rochester to raise money for the purpose of purchasing sites and erecting new public school buildings thereon in such city” (No. 1835, Rec. No. 446), which was read the first time and by unanimous consent was also read the second time.

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Mr. Armstrong moved that said bill be substituted for Senate bill No. 1129, Int. No. 895, of the same title, now on the order of third reading.

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

Said bill having been announced for a third reading,

Mr. Grady moved that said bill be recommitted to the committee on affairs of cities with instructions to said committee to report the same forthwith amended by striking the enacting clause therefrom.

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

Said bíll was then read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, the same having been printed and upon the desks of the members in its final form for three calendar legislative days, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

2

FOR THE AFFIRMATIVE.

Ambler Davis Dr Goodsell Malby
Armstrong Davis G A Higgins Marshall
Brackett Ellsworth Humphrey Parsons
Brown Elsberg Johnson Raines
Chahoon Feeter

Krum

Sherwood Coggeshall Ford

Stranahan
Thornton
White
Wilcox
Willis

27

FOR THE NEGATIVE.

Ahearn Grady
Donnelly Graney
Featherson Havens
Foley La Roche

Mackey
Martin
McCarren
Mitchell

Munzinger Ramsperger
Norton Rice
Plunkitt Wagner

18

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

same.

An act providing for the construction of a foot bridge over the Erie canal on Brainard street, in the village of Whitesboro, Oneida county, New York, and making an appropriation therefor” No.

79, Rec. No. 447), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Coggeshall, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and referred to the committee on finance, retaining its place on the order of third reading.

“An act to amend subdivision 7 of section 2 of chapter 179 of the Laws of 1898, entitled “An act in relation to enrollment for political parties, primary elections, conventions, and political.committees,' relative to the preparation of enrollment books by the custodian of primary records ” (No. 1822, Rec. No. 448), which was read the first time, and by unanimous consent, was also read the second time, and referred to the committee on the judiciary.

An act to amend the charter of the city of Rochester, and to provide for the payment of local assessments in annual installments, for the issuance of bonds to defray the expenses of local improvements”(No. 1811, Rec. No. 449), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Armstrong, and by unanimous consent, the rules were suspended and said bill ordered to a third reading.

Said bill was then read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, the same having been printed and upon the desks of the members in its final form for three calendar legislative days, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

FOR THE AFFIRMATIVE.

Ahearn Davis G A Goodsell Mackey Raines
Ambler
Donnelly Grady Marshall

Ramsperger Armstrong Douglas Graney Martin Rice Brackett Ellsworth Havens McCarren Sherwood Brown Elsberg Higgins Mitchell Stranahan Chahoon Featherson Humphrey Munzinger Thornton Coffey Feeter

Johnson Norton Coggeshall Foley

Krum

Parsons TVilcox Cullen Ford

La Roche Plunkitt Willis Davis DF

46

Wagner

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

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Mr. Douglas offered the following:

Resolved, (if the Assembly concur), That a respectful message be sent to the Governor, requesting the return to the Senate of Senate bill No. 82, entitled “ An act to amend chapter 905 of the Laws of 1896, entitled 'An act to incorporate the city of Watervliet,' as amended by chapter 759 of the Laws of 1897 and chapter 245 of the Laws of 1898, relative to the fire department” (Int. No.

for the purpose of amendment.

82),

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

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

The Assembly returned the above resolution, with a message that they have concurred in the passage of the same.

Ordered, That the Clerk deliver said resolution to the Governor. Mr. Coggeshall introduced a bill entitled “ An act to amend the Public Buildings Law in relation to the power of the trustees of public buildings to accept statues, monuments, memorials or tablets for erection or location in any of the public buildings of the State” (Int. No. 932), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Coggeshall, and by unanimous consent, the rules were suspended and said bill ordered to a third reading.

Mr. Elsberg introduced a bill entitled " An act to authorize the commissioners of the sinking fund of the city and county of New York to renew a lease of certain lots to the Orphans' Home and Asylum of the Protestant Episcopal Church in New York” (Int. No. 933), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Elsberg, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and printed and referred to the committee on affairs of cities, retaining its place on the order of third reading.

Also, a bill entitled " An act authorizing the Temple Beth El, a religious corporation, to increase the number of its trustees from nine to any number not exceeding fifteen” (Int. No. 934), which was read the first time, and by unanimous consent was also read

the second time.

On motion of Mr. Elsberg, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and printed and referred to the committee on the judiciary, retaining its place on the order of third reading.

Also, a bill entitled "An act to amend section 2750 of the Code of Civil Procedure relative to the time when and by whom a petition may be presented for the disposition of decedents real property for the payment of debts and funeral expenses” (Int. No. 935), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

Also, a bill entitled “ An act to amend section 723 of the Code of Civil Procedure so as to extend the powers of the courts upon the allowance of amendments to pleadings or the service of supplemental pleadings ” (Int. No. 936), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

Also, a bill entitled “An act to amend section 1837 of the Code of Civil Procedure relative to when an action lies against next of kin, legatees, etc” (Int. No. 937), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

Mr. Brackett introduced å bill entitled “ An act to legalize and confirm the official acts of Marshall B. McKinley as a notary public in and for the county of Schenectady" (Int. No. 938), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Brackett, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and printed and referred to the committee on the judiciary, retaining its place on the order of third reading. Mr. Ford introduced a bill entitled "An act requiring certain

(SENATE JOURNAL. 132

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