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but without increasing the number thereof. There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department; and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations. A majority of the justices so designated to sit in the appellate division in each depart. ment shall be residents of the department. He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division, or in case the presiding justice of any appellate division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it. Whenever the appellate division in any de partment shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the sev. eral departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No justice of the appellate division shall exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall have power to appoint and remiove a reporter. The justices of the appellate division in each department shall have power to fix the times and places for holding special and trial terms therein, and to assign the justices in the departments to hold such terms; or to make rules therefor.
§ 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the legislature to be chosen at the next general election of senators, and that in conformity to section
one, article fourteen of the constitution, it be published three months previous to the time of such election.
The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative.
Mr. Sullivan gave notice that at some future day he would move to suspend Senate rules Nos. 1, 4, 9, 12, 15, 19, 31 and 45, for the purpose of reading, passing and transmitting to the Assembly out of its order Senate bill No. 324, entitled “ An act to regulate the price of illuminating gas in the borough of Manhattan and the borough of the Bronx in the city of New York.” (Int. No. 314.)
Mr. Sullivan gave notice that at some future day he would move to suspend Senate rules Nos. 1, 4, 9, 12, 15, 19, 31 and 45, for the purpose of reading, passing and transmitting to the Assembly out of its order Senate bill No. 635, entitled “An act to regulate the price of illuminating gas in the city of New York.” (Int. No. 578.)
The Assembly bill (No. 169) entitled " An act in relation to the construction, maintenance and operation of railroads upon Ashland place, in the borough of Brooklyn, in the city of New York" (Rec. No. 35), having been announced for a third reading,
Mr. McCarren moved said bill be recommitted to the committee on railroads, with instructions to said committee to report the sane forthwith amended as follows:
Page 2, end of section 1, add the following: “None of the provisions of this act shall apply to or affect any corporation which has heretofore acquired the consent of local authorities authorizing the construction and maintenance of a street railroad on said streets or any of them.”
The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.
Mr. Raines, from the committee on railroads, reported said bill amended as directed, and the same was ordered reprinted and placed on the order of third reading.
The bill (No. 1023) entitled “ An act to amend chapter 338 of the Laws of 1893, entitled. An act in relation to agriculture, constituting articles 1, 2, 3, 4, 5, 6, 7 and 8, relative to penalties” (Int. No. 451), having been announced for a third reading, (SENATE JOURNAL]
On inotion of Mr. Ambler, and by unanimous consent, said bill was amended as follows:
Page 2, line 4, strike out the bracketed matter and insert after the word “of” the words “ articles two and three and sections ninety-one and ninety-two and chapter four hundred and ninetyone of the laws of eighteen hundred and ninety-eight."
Same page, line 22, make the same amendment.
Ordered, That said bill be reprinted.
Mr. Armstrong raised the point of order that no quorum was present.
By direction of the President, the Clerk called the roll, and the following Senators answered as their names were called:
Ahearn Donnelly Graney
Mitchell Sherwood Munzinger Stranahan Norton Thornton Parsons White Plunkitt Wilcox Raines * Willis
A message from the Assembly was received in the words following:
IN ASSEMBLY, March 27, 1899. Pursuant to concurrent resolution of the Senate and Assembly, the Governor returned the Assembly bill (Xo. 1910) entitled "In act to amend chapter 212 of the Laws of 1898, entitled ' An act in relation to the militia, constituting chapter 16 of the general laws,' relative to the use of armories." (Rec. No. 99.)
The vote upon the final passage of said bill having been reconsidered, on motion of Mr. E. C. Brennan, said bill was recommitted to the committee on military affairs, with instructions to report the same forthwith amended to read as follows:
An Act to amend chapter two hundred and twelve of the laws of
eighteen hundred and ninety-eight, entitled “ An act in relation to the militia, constituting chapter sixteen of the general laws." relative to the use of armories.
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section one hundred and forty-three of article nine of chapter two hundred and twelve of the laws of eighteen hundred and ninety-eight, entitled "An act in relation to the militia, constituting chapter sixteen of the general laws, known as the military code, is hereby amended to read as follows:
§ 143. Armories shall be used only by troops and cadet corps of organizations of the National Guard and the Naval Militia and for such other military purposes as may be approved by the adjutant-general; except that they may be used by posts of the Grand Army of the Republic, or other veteran organizations of honorably discharged Union soldiers, sailors or marines, of the late war, as provided in section one hundred and thirtyseven of this chapter; and by educational institutions where military instruction is imparted, with the approval of the commanding officer of the armory and his brigade commander, provided the military instructor of such institution is an officer of the army or navy of the United States, or of the National Guard or Naval Militia of this state, or has, within five years, passed an examining board of officers of this state; and on occasions of state or national importance, upon the recommendation of the major-general commanding the National Guard, the commanding officer of the brigade of the National Guard in whose jurisdiction the armory is located and the officer in charge of the armory, and under such restrictions as he may prescribe the governor shall have the power to allow the use of armories for such other purposes as may appear expedient to him, provided however that no armory shall be so used more than twice nor more than twenty days in the aggregate in any one year, and then only on the delivery to the commanding officer of the brigade in whose jurisdiction the armory is located, of a bond approved by him and executed by the person, association, partnership or corporation proposing to use the armory, and a surety company approved by such commanding officer and in an amount approved by him, conditioned that such person, association, partnership or corporation will indemnify and save harmless the state and the county in which the armory is located, and the military organizations occupying the armory, against any loss, damäge, cost or expense which may accrue or be incurred by reason of such use, to the armory or any property therein, or connected therewith, owned by the state or county or by such military organizations; and also to pay all expenses of heating, lighting, and for janitor or other service connected with such use. А. bond given as herein provided may be prosecuted for breach of the conditions thereof in the name of the people by a judge advocate, and all moneys recovered shall be paid to the state or county treasurer, or to the military organizations, as the case requires.
Said bill as amended, was read the third time and passed, having been printed and upon the desks of the members in its final form at least three calendar legislative days prior to its final passage. By order,
A. E. BAXTER,
Mr. Marshall moved to reconsider the vote by which said bill was passed.
The President put the question whether the Senate would agree to reconsider the vote by which said bill was passed, 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 Grady Martin
Elsberg Higgins Munzinger
Said bill was 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 GA Grady Martin Ramsperger Ambler Donnelly Graney
McCarren Rice Armstrong Ellsworth
Higgins Munzinger Stranahan
Johnson Parsons Thorntou Coggeshall Foley
Plunkitt Wilcox Callen Ford
Raines Willis Devis DF Goodsel Marshall