Mr. Feeter, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill introduced by Mr. Mason, Rec. No. 516, entitled "An act to legalize the election of three assessors for a full term of two years each at the town meeting held in the town of Florence, in the county of Oneida, March 7, 1899, and to legalize assessments made in said town since the year 1890" (No. 1874), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Feeter, from the committee on internal affairs of towns and counties, to which was referred the bill introduced by Mr. Rice, Int. No. 885, entitled "An act to amend chapter 39 of the Laws of 1896, entitled 'An act to provide for the election of a police justice in the town of Esopus and in the county of Ulster, passed 1896' " (No. 1122), reported in favor of the passage of the same, which report was agreed to.

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

Mr. Feeter, from the committee on internal affairs of towns and counties, to which was. referred the Assembly bill introduced by Mr. Thorn, Rec. No. 291, entitled “An act requiring the county of Ulster to pay a portion of the expense of a free bridge heretofore constructed in the town of Marbletown, in such county" (No. 1059), reported in favor of the passage of the same, which report was agreed to.

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

Mr. Feeter, from the committee on internal affairs of towns and counties, to which was referred the bill introduced by Mr. La Roche, Int. No. 880, entitled "An act for the protection of the lives and property of residents of hotels or public or private institutions having accommodations for more than twenty-five persons" (No. 1117), reported in favor of the passage of the same, with some amendments, which report was agreed to.

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

Mr. Feeter, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill introduced by

Mr. Doughty, Rec. No. 492, entitled "An act to define the liberties of the jail in and for the county of Queens" (No. 1898), reported in favor of the passage of the same, which report was agreed to. On motion of Mr. Norton, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading.

Mr. Malby, from the committee on codes, to which was referred the bill introduced by Mr. Elsberg, Int. No. 969, entitled "An act to amend section 1281 of the Code of Civil Procedure so as to permit an Appellate Division of the Supreme Court to render judgment of injunction on the submission of a controversy (No. 1326), 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. Malby, from the committee on codes, to which was referred the Assembly bill introduced by Mr. Bedell, Rec. No. 543, entitled "An act to amend section 484 of the Code of Criminal Procedure, relative to power to remit fines and imprisonment in case of failure to pay fine" (No. 2068), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Malby, from the committee on codes, to which was referred the Assembly bill introduced by Mr. Rodenbeck, Rec. No. 422, entitled An act to amend section 2461 of the Code of Civil Procedure, relating to supplementary proceedings upon judg ments against joint debtors when all defendants were not summoned" (No. 1643), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Malby, from the committee on codes, to which was referred the bill introduced by Mr. Marshall, Int. No. 224, entitled “An act to amend section 2703 of the Code of Civil Procedure, relating to recording wills probated in other States or Territories of the United States" (No. 228), reported in favor of the passage of the same, with some amendments, which report was agreed to, and said bill committed to the committee of the whole.

Mr. Ford, from the committee on commerce and navigation, to which was referred the nomination of Isaac W. Edsall, of [SENATE JOURNal.]

176

Spring Valley, as port warden of the port of New York, reported the same to the Senate for confirmation.

The Senate went into open executive session, and after some time spent therein, legislative business was resumed, and the President announced that said nomination had been confirmed.

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

"An act to amend the Benevolent Orders Law, relating to the Benevolent and Protective Order of Elks." (No. 1364, Int. No. 869.)

"An act to authorize the Binghamton, Lestershire and Union Railroad Company to supply light, heat and power to the inhabitants and town and village authorities of the several towns and villages situate upon the Binghamton, Lestershire and Union Railroad, and to acquire the necessary franchises for these purposes." (No. 1363, Int. No. 768.)

"An act to protect the interest of owners of farm lands and fruit growers." (No. 1361, Int. No. 762.)

"An act to enable Philip Bloch and Timothy P. Sullivan to take the examination of the State Board of Law Examiners for admission as attorneys and counsellors at law." (No. 1362, Int. No. 741.)

"An act to amend the Agricultural Law, relating to the manufacture and use of coloring matter in food products." (No. 1360, Int. No. 726.)

“An act to authorize the New York Connecting Railroad Company to construct its bridge across the East river at an elevation above tide level not less than the elevation of the New York and Brooklyn bridge, and to extend the time to begin construction of its railroad and expend thereon 10 per cent. of the amount if its capital." (No. 1365, Int. No. 883.)

“An act to amend section 1670 of the Code of Civil Procedure, relating to the filing and recording of notices of pendency of action." (No. 1366, Int. No. 948.)

"An act to amend section 723 of the Code of Civil Procedure so as to extend the powers of the courts upon the allowance of amendments to pleadings or the service of supplemental picad-ings." (No. 1368, Int. No. 936.)

"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, the 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 department of edu cation." (No. 1367, Int. No. 914.)

"An act to amend sections 914, 915 and 919, and to repeal sections 916, 917, 918 and 920 of the Code of Civil Procedure, relating to depositions taken within the State for use without the State." (No. 1343, Int. No. 513.)

"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, the 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,' in relation to scows to receive ashes, etc., from steam tugs and vessels." (No. 1337, Int. No. 970.)

"An act to confer jurisdiction upon the Court of Claims to hear, audit and determine the alleged claims of Edward F. Milliken and Foster Milliken, composing the firm of Milliken Brothers, against the State for damages alleged to have been sustained by them, and to render judgment therefor." (No. 942, Int. No. 788.).

"An act to amend chapter 36 of the Laws of 1873, entitled 'An act to provide for a supply of water in the city of Yonkers," in relation to the rate of water rents." (No. 1295, Int. No. 953.)

Mr. Elsberg moved that the consideration of the special order, being the bills entitled as follows, be made a special order in general orders on Tuesday morning next immediately after messages from the Assembly:

"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, the 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 inspection and testing of gas meters." (No. 797, Int. No. 697.)

"An act to amend the Transportation Corporation Law, in relation to the inspection of gas meters, and providing for a deputy inspector for the borough of Brooklyn, in the city of New York, the employment of mechanics to assist the inspector of gas meters in his work, and for the payment of office and other expenditures necessary for the performance of the duties imposed by law upon said inspector of gas meters." (No. 796, Int. No. 696.)

Mr. Ellsworth offered the following:

Resolved, That during the remainder of the session of 1899 a Senator shall not speak in the Senate, or when the Senate is in committee of the whole, more than five minutes at a time and not more than once on each subject under discussion, without unanimous consent.

The President put the question whether the Senate would agree to said resolution, and it was decided in the affirmative. The Assembly returned the Assembly bill (No. 1835) entitled “An act to authorize the common council of the city of Rochester to raise money for the purpose of purchasing sites and erecting new public school buildings thereon in such city" (Rec. No. 446), with a message that said bill was duly passed by the Assembly March 27, 1899, and was transmitted to the Senate. bill was returned by the Senate March 29, 1899, with a message that they had duly concurred in the passage of the same. Said bill was duly transmitted to the mayor of the city of Rochester, on March 29, 1899, as provided by law for a public hearing in said city and was returned by said mayor, April 13, 1899, with a message that said mayor after a public hearing thereon does not approve said bill and does not accept the same, and that the common council, the legislative body of said city, after a public hearing thereon does approve said bill and does accept the same. Said bill was thereafter and on April 13, 1899, again duly passed by the Assembly, the Speaker stating the question to be "Shall this bill become a law, notwithstanding the objection of the mayor of the city of Rochester, the same having been accepted by the common council, the legislative body of said city?" and a