1897, entitled 'An act in relation to liens, constituting chapter 49 of the general laws,' relating to exemption from the provisions thereof of certain articles" (No. 1325), reported in favor of the passage of the same, with some amendments, and the title amended so as to read as follows: "An act to amend section one hundred and fifteen of chapter four hundred and eighteen of the laws of eighteen hundred and ninety-seven, entitled An act in relation to liens, constituting chapter forty-nine of the general laws,' as amended by chapter three hundred and fifty-four of the laws of eighteen hundred and ninety-eight, relating to exemption from the provisions thereof of portable stoves and ranges." Which report was agreed to, and said bill committed to the committee of the whole. Mr. Humphrey, from the committee on banks, to which was referred the Assembly bill introduced by Mr. J. T. Smith, Rec. No. 443, entitled "An act to amend chapter 299 of the Laws of 1869, entitled 'An act to incorporate the Wappinger's Savings Bank, of Wappinger's Falls, Dutchess county, New York (No. 1787), reported in favor of the passage of the same, which report was agreed to. On motion of Mr. Ambler, and by unanimous consent, the rules were suspended and said bill ordered to a third reading. Mr. Brackett, from the committee on the judiciary, to which was referred the Assembly bill introduced by Mr. Costello, Rec. No. 561, entitled "An act to incorporate The Oswego Masonic Temple Association of the city of Oswego, New York" (No. 2119), reported in favor of the passage of the same, which report was agreed to. On motion of Mr. Stranahan, and by unanimous consent, the rules were suspended and said bill ordered to a third reading. The Assembly returned the following entitled bills, with a message that they have concurred in the passage of the same: "An act to amend section 830 of the Code of Civil Procedure.” (No. 1163, Int. No. 440.) "An act to amend section 52 of the Code of Civil Procedure, in relation to the jurisdiction of county judges." (No. 1063, Int. No. 774.) "An act to amend an act entitled 'An act in relation to liens, constituting chapter 49 of the general laws,' being chapter 418 of the Laws of 1897 in relation to liens." (No. 906, Int. No. 349.) "An act to amend section 88 of chapter 908 of the Laws of 1896, known as the Tax Law, relating to collectors' bonds." (No. 1205, Int. No. 134.) "An act to amend the Penal Code, relative to malicious mischiefs and other injuries to property." (No. 928, Int. No. 597.) An act to amend section 2342 of the Code of Civil Procedure, relative to committee of incompetent persons." (No. 736, Int. No. 651.) "An act to amend article 2 of chapter 36 of the general laws, known as the Stock Corporation Law, so as to define the liabilities of directors and officers." (No. 230, Int. No. 226.) Ordered, That the Clerk deliver said bills to the Governor. "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" (No. 1313, Int. No. 919), 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 jus tices 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 several 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 make 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. Ordered, That the Clerk deliver said resolution to the Secretary of State. "An act to amend the State Charities Law, constituting chapter 26 of the general laws, relative to monthly estimates of expenses." (No. 1123, Int. No. 606.) "An act to amend the Tax Law requiring collectors to notify non-residents of the time of receiving taxes." (No. 532, Int. No. 385.) "An act to amend the Lien Law, in relation to sales of personal property to satisfy liens." (No. 1162, Int. No. 301.) “An act to amend section 341 of the Code of Civil Procedure, relating to jurisdiction of county courts." (No. 1061, Int. No. 619.) (No. "An act to amend sections 845, 846, 848 and 851 of the Code of Civil Procedure, in relation to administering an oath.” 941, Int. No. 341.) 66 An act to amend the Domestic Commerce Law, in relation to the size of apple, pear, quince and potato barrels." (No. 1231, Int. No. 538.) "An act to amend the Agricultural Law, relative to the promotion of sugar beet culture." (No. 1206, Int. No. 123.) Ordered, That the Clerk deliver said bills to the Governor. The bill (No. 564) entitled "An act to authorize the board of estimate and apportionment of the city of New York to audit and allow the interest on awards to owners and persons interested in the land acquired by said city within the lines of the Easten parkway and Buffalo avenue in the city of New York" (Int. No. 515), was returned by the mayor of the city of New York with a certificate that a public hearing had been duly held on said bill in pursuance of law, and that the mayor had duly accepted the same. Ordered, That the Clerk deliver said bill to the Governor. The bill (No. 1022) entitled “An act providing that the police commissioners of the city of New York, in their discretion, may reappoint Archibald Hamilton, an ex-policeman of the city of New York, who resigned from said police department Septem[SENATE JOURNAL ] 175 ber 5, 1882" (Int. No. 754), was returned by the mayor of the city of New York with a certificate that a public hearing had been duly held on said bill in pursuance of law, and that the mayor had duly accepted the same. Ordered, That the Clerk deliver said bill to the Governor. The bill (No. 874) entitled "An act to enable the fire commissioner of the city of New York to rehear and determine the charges against Henry A. Rehwinkel, a fireman of the first grade, for reinstatement in said department" (Int. No. 752), was returned by the mayor of the city of New York with a certificate that a public hearing had been duly held on said bill in pursuance of law, and that the mayor had duly accepted the same. Ordered, That the Clerk deliver said bill to the Governor. The bill (No. 1212) entitled "An act to amend section 518 of 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, the city of Brooklyn and county of Kings, the county of Richmond and part of the county of Queens, and to provide for the government thereof,' relating to the aqueduct commissioners" (Int. No. 917), was returned by the mayor of the city of New York with a certificate that a public hearing had been duly held on said bill in pursuance of law, and that the mayor had duly accepted the same. Ordered, That the Clerk deliver said bill to the Governor. The Assembly returned the following entitled bills, with a message that they have concurred in the amendments of the Senate thereto : "An act to amend the Greater New York charter, chapter 378 of the Laws of 1897, in relation to the Municipal Courts in the borough of Brooklyn." (No. 1723, Senate reprint No. 1287, Rec. No. 389.) "An act to provide for the appointment of a commissioner of records for the county of Kings." (No. 1593, Senate reprint No. 1272, Rec. No. 406.) Ordered, That the Clerk return said bills to the Assembly. The Senate resolved itself into a committee of the whole, and |