on internal affairs of towns and counties, with instructions to said committee to report the same forthwith amended as follows: Page 1, line 2, after the words "New York" insert the words “and except the counties of Onondaga, Essex and Erie.” The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative, as follows: Mr. Krum, from the committee on internal affairs of towns and counties, reported that said bill be amended as directed, and the same was ordered reprinted and placed on the order of third reading. The Assembly bill (No. 1904) entitled "An act to amend chapter 396 of the Laws of 1885, entitled 'An act to revise the charter of the city of Dunkirk,' in relation to the compensation of policemen" (Rec. No. 494), 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 return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same. The bill (No. 1191) entitled "An act in relation to prisons, constituting chapter 15 of the general laws” (Int. No. 51), 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. 1319) entitled "An act to regulate the price of gas in the city of Buffalo " (Int. No. 470) 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. 1467, Senate reprint No. 1316) entitled "An act granting additional powers to The Depew and Lancaster Light, Power and Conduit Company" (Rec. No. 334), 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 return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same, with amendments. The concurrent resolution (No. 1313) entitled " Concurrent resolution of the Senate and Assembly, proposing an amendment to section 2 of article 6 of the Constitution, relating to temporary designations by the governor of justices to the Appellate Division" (Int. No. 919), 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 temporary designations by the governor, of justices to the appellate division; and which resolution was referred to the legislature to be chosen at the next general election of senators, and directed to be published in accordance with section one of article fourteen of the constitution; and Whereas, such 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 two of article six of the constitution be amended so as to read as follows: § 2. The legislature shall divide the state into four judicial departments. The first department shall consist of the county of New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial departments, 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 department 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 department 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 remove 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 makes rules therefor. § 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 election law. 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. |