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Procedure, relating to depositions taken within the State for use without the State" (Int. No. 513), having been announced for a third reading

Mr. Brown moved that said bill be recommitted to the committee on codes, with instructions to said committee to report the same forth with amended as follows:

Page 1, line 4, strike out the words “provisions of this article exclusive."

Amend page 2 so as to read “- by the special proceeding prescribed in this article, the testimony of a witness, and, in connection therewith, the production of books and papers, within the state, to be used in the action, suit or special proceeding.

"§ 2. Section nine hundred and fifteen of the code of civil procedure is hereby amended so as to read as follows:

“$ 915. Proceedings to obtain testimony.—Where a commission to take testimony, within the state, has been issued from the court in which the action, suit, or special proceeding is pending; or where a notice has been given, or any other proceeding has been taken, for the purpose of taking the testimony, within the state, pursuant to the laws of the state or country, wherein the court is located, or pursuant to the laws of the United States, if it is a court of the United States, the supreme court, or the county court, or a judge of either court, shall, in a proper case, on the presentation of a verified petition issue a subpoena to the witness, commanding him to appear before the commissioner, named in the commission; or before a commissioner, within the state, for the state, territory, or foreign country, in which the notice was given, or the proceeding taken; or before the officer designated in tbe commission, notice, or other paper, by his title of office; at a time and place specified in the subpoena, to testify, in the action, suit, or special proceeding. If the witness shall fail to obey the subpoena, or refuse to have an oath administered, or to testify, or to produce a book or paper pursuant to a subpoena, or to subscribe his deposition, the court or judge issuing the subpoena shall, if it is determined that a contempt has been committed, prescribe the punishment as in the case of a recalcitrant witness in the supreme court. The general rules of practice must prescribe rules for such proceedings.”

Page 3, strike out all from line 10 to line 22, both inclusive, and change sections 5 and 6 to read sections 4 and 5.

Same page, line 23, insert the words “pine hundred and sixteen after the word " sections.'

Same page, line 24, insert the words and nine hundred and twenty" after the word "eighteen."

Amend title to read as follows:

“An act to amend sections nine hundred and fourteen, nine hundred and fifteen and nine bundred and nineteen and to repeal sections nine hundred and sixteen, nine hundred and seventeen, nine hundred and eighteen and nine hundred and twenty of the code of civil procedure, relating to depositions taken within th State for use without the state."

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

Mr. Malby, from the committee on codes, reported said bill amended as directed, and the same was ordered reprinted and placed on the order of third reading.

Mr. Ellsworth moved that the Senate do now adjourn.

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

Whereupon, the Senate adjourned.

MONDAY, APRIL 10, 1899.

The Senate met pursuant to adjournment.
Prayer by the Rev. M. Schlesinger, Dr. Ph.
The Journal of Friday, April 7, was read and approved.

Mr. Ford introduced a bill entitled "An act to extend and regulate the liability of employers to compensation for personal injuries suffered by employees in their service” (Int. No. 982), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Ford, 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 756 of the Code of Civil Procedure relating to when action for divorce may be maintained” (Int. No. 983), which was read the first time, and by unanimous consent was also read the second time.

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

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printed, and referred to the committee on codes, retaining its place on the order of third reading.

Mr. Donnelly introduced a bill entitled "An act to amend chapter 378 of the Laws of 1897, entitled “An act to unite into one municipality under the corporate name of The City of New York, the various communities lying in and about New York harbor, including the city and county of New York, city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens and to provide for the government thereof, relative to the establishment of a system and plant for supplying gas to The City of New York and to its inhabitants” (Int. No. 984), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on affairs of cities.

Mr. Mitchell introduced a bill entitled "An act to amend chapter 537 of the Laws of 1893, entitled 'An act for providing for ascertaining and paying the amount of damages to lands and buildings suffered by reason of changes of grade of streets or avenues, made pursuant to chapter 721 of the Laws of 1887, providing for the depression of railroad tracks in the Twenty-third and Twenty-fourth wards in the city of New York, or otherwise,' relating to time to submit evidence" (Int. No.985), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Mitchell, 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.

Mr. D. F. Davis introduced a bill entitled "An act to amend section 1 of chapter 21 of the Laws of 1871, entitled 'An act to incorporate the American Home Missionary Society” (Int. No. 986), which was read the first time, and by unanimous consent was also read the second time.

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

Mr. Wagner introduced a bill entitled "An act to amend The Greater New York charter, relating to offensive trades in the borongh of Brooklyn” (Int. No. 987), which was read the first time, and by npanimous consent was also read the second time.

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On motion of Mr. Wagner, 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.

The Assembly sent for concurrence the following entitled bills:

“An act to regulate the employment of workmen for doing electric working in the city of Buffalo and providing for a board of electrical.commissioners ” ( No. 2067, Rec. No. 544), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on affairs of cities.

"An act to make the office of register of the county of Kings a salaried office and regulating the management of said office" (No. 2061, Rec. No. 545), which was read the first time, and by unanimous consent was also read the second time, and referred to the comınittee on affairs of cities.

“An act to amend chapter 908 of the Laws of 1896, entitled 'An act in relation to taxation, constituting chapter 24 of the general laws, as amended by chapter 76 of the Laws of 1899, relating to taxable transfers of property” (No. 1700, Rec. No. 546), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on taxation and retrenchment.

“An act to protect the public health, by regulating the manufacture and sale of beer, ale and porter" (No. 1644, Rec. 547), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on public health.

Leave of absence for to-day was granted to Messrs. Grady and Higgins.

A message from the Governor, at the hands of his secretary, was received and read, in the words following:

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STATE OF NEW YORK-EXECUTIUE CHAMBER,

ALBANY, April 10, 1899. To the Legislature :

I herewith transmit a copy of a letter received by me from Messrs. Fox and MacFarlane, whom I appointed as counsel to take up the matter of the charges in reference to the canal contracts under acts of 1895 and 1896. I earnestly request your carefal consideration of this letter and inmediate action upon it. It is obviously in the in terest of the administration of justice that funds be immediately

made available to enable the counsel to carry out the work which they were appointed to do. Delay in furnishing them the ineans so to proceed may result in guilty parties being protected by the statute of limitations. It is equally obvious that only by enabling counsel to find out the exact facts is it possible whether or not indictments should be found against any persons connected with the canals. There can be nothing more important to the State than the punishment of any man, contractor, or public official who has done wrong on the one hand, or, on the other, than the clearing of any man who has been wrongfully suspected. And the only method by which either of these results can be reached is by providing funds sufficient to enable the counsel to prosecute to a conclusion the work on which they are now engaged. I therefore call your attention to the urgency and importance of the matter.

THEODORE ROOSEVELT.

Mr. Raines moved that said message and letter be printed and referred to the committee op finance.

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

The Assembly sent for concurrence, a resolution in the words following:

Resolved (if the Senate concur), That a respectful message be sent to the Governor, requesting the return to the Assembly of Assembly bill (No. 613, Rec. No. 276), entitled "An act authorizing the sale of property left in street surface railroad cars, and the disposition of the proceeds thereof,” for the purpose of amendment.

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

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

same.

Mr. Marshall, from the committee on printed and engrossed bills, reported as correctly printed, the bills entitled as follows:

“An act to extend the time of the New York State Title Guarantee Company to pay the remaining two-thirds of its capital stock." (No. 938, Int. No. 787.)

"An act to amend section 89 of chapter 568 of the Laws of 1890, entitled “An act in relation to highways, constituting chapter 19 of the general laws,' in relation to appeals.” (No. 919, Int. No. 795.)

“An act to amend section 1531 of chapter 1004 of the Laws of 1897, entitled 'An act to amend chapter 410 of the Laws of 1882,

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