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

Mr. Brown, from the committee on forest, fish and games laws, to which was referred the bill introduced by Mr. Krum, Int. No. 856, entitled "An act to amend chapter 489 of the Laws of 1898, entitled 'An act to amend the Fisheries, Game and Forest Law, in relation to woodcock, in the counties of Clinton, Essex and Warren,' so as to include the counties of Fulton and Hamilton " (No. 1072), reported in favor of the passage of the same, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. Feeter, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill introduced by Mr. Murphy, Rec. No. 282, entitled "An act authorizing boards of supervisors to acquire the rights, franchises and property of individuals and corporations exacting toll for the use of turnpikes, plank roads and bridges" (No. 1151), reported in favor of the passage of the same, with some amendments, which report was agreed to.

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

The concurrent resolution (No. 301) entitled "Concurrent resolution of the Senate and Assembly, proposing an amendment to Article VI, section 7 of the Constitution, relating to the Court of Appeals" (Int. No. 294), was read the third time, in the words following:

Whereas, the legislature at its regular session in eighteen hundred and ninety-eight duly adopted resolutions providing for an amendment to the constitution relating to the court of appeals, and which resolutions were referred to the legislature to be chosen at the next general election of senators, and di rected to be published in accordance with section one of article fourteen of the constitution; and

Whereas, said resolutions have been duly published in accordance with law and the constitution, and referred to this legislature for action; therefore,

Section 1. Resolved (if the assembly concur), That section seven of article six of the constitution be amended to read as follows:

§ 7. The court of appeals is continued. It shall consist of the chief judge and associate judges now in office, who shall hold their offices until the expiration of their respective terms, and

their successors, who shall be chosen by the electors of the state. The official terms of the chief judge and associate judges shall be fourteen years from and including the first day of January next after their election. Five members of the court shall form a quorum, and the concurrence of four shall be necessary to a decision. The court shall have power to appoint and to remove its reporter, clerk and attendants. Whenever and as often as a majority of the judges of the court of appeals shall certify to the governor that said court is unable, by reason of the accumulation of causes pending therein, to hear and dispose of the same with reasonable speed, the governor shall designate not more than four justices of the supreme court to serve as associate judges of the court of appeals. The justices so designated shall be relieved from their duties as justices of the supreme court and shall serve as associate judges of the court of appeals until the causes undisposed of in said court are reduced to two hundred, when they shall return to the supreme court. The governor may designate justices of the supreme court to fill vacancies. No justice shall serve as associate judge of the court of appeals except while holding the office of justice of the su preme court, and no more than seven judges shall sit in any

case.

§ 2. Resolved (if the assembly concur), That the foregoing amendment be submitted to the people for approval at the next general election in accordance with the provisions of the elec tion law.

The President put the question whether the Senate would agree to the final passage of said concurrent resolution, 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:

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

The bill (No. 1234) entitled "An act to amend chapter 105 of the Laws of 1891, entitled 'An act to revise the charter of the city of Buffalo,' and the several acts amendatory thereof and supplemental thereto, in relation to the payment of pensions to the members of the police force, or their dependents" (Int. No. 817), 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:

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

The Assembly bill (No. 1574) entitled “An act to amend chapter 687 of the Laws of 1894, entitled 'An act to regulate the commitment and discharge of certain prisoners, tramps and vagrants in Westchester county, and to prescribe the effect thereof, to provide for the support of the prisoners in the jail in the county of Westchester, and to fix the duties and compensation of the sheriff of said county and of certain employes in the jail of said county,' as amended by chapter 420 of the Laws of 1895, relative to the powers and duties of the sheriff" (Rec. No. 496), 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 affirma

tive, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

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

same.

The bill (No. 1143) entitled "An act to amend the Poor Law, in relation to relief of soldiers by Grand Army posts" (Int. No. 894), 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:

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

The bill (No. 1228) entitled "An act to provide for the consolidation of the Educational Alliance and the Hebrew Free School Association, and to define the powers of the consolidated corporation" (Int. No. 755), 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:

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

The bill (No. 1227) entitled "An act to confer jurisdiction upon the Court of Claims to hear, audit and determine the alleged claims of the counties of Westchester and Orange against the State for a refund of taxes paid on erroneous valuations of property in said counties for the years 1896 and 1897" (Int. No. 742), 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: