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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:

FOR THE AFFIRMATIVE,

Ahearn Davis GA Grady Malby Plunkitt
Ambler Donnelly Graney

Marshall Raines
Armstrong Ellsworth Higgins Martin

Rice Brackett Elsberg

Humphrey McCarren Sherwood Brown

Featherson Johnson Mitchell Stranahan Chahoon Foley

Krum Munzinger Wilcox Coffey Ford

La Roche Norton Willis Coggeshall Goodsell Mackey Parsons

39

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

same.

The Assembly bill (No. 1787) entitled "An act to amend chapter 299 of the Laws of 1869, entitled An act to incorporate the Wappinger's Falls Savings Bank of Wappinger's Falls, Dutchess county, N. Y.” (Rec. No. 443), 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 affirinative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

FOR THE AFFIRMATIVE.

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Ahearn Davis GA Grady Malby

Plunkitt
Ambler Donnelly Graney Marshall Raines
Armstrong Ellsworth
Higgins Martin

Rice
Brackett
Elsberg

Humphrey McCarren Sherwood
Brown Featherson Johnson Mitchell Stranahan
Chahoon Foley

Krum

Munzinger Wilcox
Coffey
Ford

La Roche Norton Willia
Coggeshall Goodsell Mackey Parsons

39 Ordered, That the Clerk return said bill to the Assembly, with

(SENATE JOURNAL.] 184

à message that the Senate have concurred in the passage of the

same.

The Assembly bill (No. 2119) entitled "An act to incorporate "The Oswego Masonic Temple Association of the city of Oswego, N. Y.?” (Rec. No. 561), 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 birtin prini!d 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:

FOR THE AFFIRMATIVE.

Ahearn Davis G A Grady Malby
Ambler Donnelly Graney Marshall
Armstrong Ellsworth Higgins Martin
Brackett Elsberg Ilumphrey McCarren
Brown

Featherson Johnson Mitchell
Chahoon
Foley
Krum

Munzinger
Coffey Ford

La Roche Norton Coggeshall Goodsell Mackey Parsons

Plunkitt
Raines
Rice
Sherwood
Stranahan
Wilcox
Willis

39)

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 Assembly bill (No. 1059) 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" (Rec. No. 291), 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:

FOR THE AFFIRMATIVE.

Ahearn Davis G A Grady
Ambler Donnelly Graney
Armstrong Eļlsworth Higgins

Malby
Marshall
Martin

Plonkitt
Raines
Rice

Brackett Elsberg Humphrey McCarren Sherwood
Brown

Featherson Johnson Mitchell Stranahan
Chahoon
Foley
Krum

Munzinger Wilcox
Coffey Ford
La Roche Norton

Willis
Coggeshall Goodsell

Mackey
Parsons

39 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 Assembly bill (No. 1898) entitled "An act to define the liberties of the jail in and for the county of Queens” (Rec. No. 492), 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 ujron 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:

FOR THE AFFIRMATIVE.

Ahearn Davis G A Grady Malby Plunkitt
Ambler Donnelly Graney Marshall Raines
Armstrong Ellsworth Higgins Martin

Rice
Brackett
Elsberg

Humphrey McCarren Sherwood Brown

Featherson Johnson Mitchell Stranahan Ohahoon Feeter

Krum

Munzinger Wilcox Coffey Ford

La Roche Norton Willis Coggeshall Goodsell Mackey Parsons

39 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 Assembly bill (No. 1582, Senate reprint No. 1344) entitled “An act to amend section 791 of the Code of Civil Procedure "

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(Rec. No. 307), having been announced for a third reading,

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

Page 2, line 18, strike out the words “ this act shall take effect immediately" and insert " paragraph three of section seven hundred and ninety-one of the code of civil procedure is hereby amended by adding a subdivision to be known as subdivision three-a.

3-a. In the court of appeals or the supreme court, an appeal taken by either party in an action or special proceeding from a judgment or order declaring a legislative enactment unconstitutional, is entitled on motion of the appellant, to a preference over any business irrespective of its place upon the calendar, except as to preferences provided for in sections seven hundred eighty-nine, seven hundred ninety and the preceding subdivisions of this section.

§ 3. This act shall take effect September first, eighteen hundred and ninety-nine.”

Amend the title by adding thereto the words "relating to preferences."

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.

The bill (No. 775) entitled “ An act to amend chapter 40 of the Laws of 1888, entitled 'An act to incorporate the city of Hornellsville' ” (Int. No. 685), was returned by the mayor of the city of Hornellsville.

Mr. Sherwood moved to reconsider the vote by which said bill was passed.

The President put the question whether the Senate would agree to reconsider the vote by which said bill was passed, 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:

FOR THE AFFIRMATIVE.

Ahearn Davis GA Grady Malby

Parsons Ambler Donnelly Havens

Marshall Plunkitt Armstrong Ellsworth Higgins

Martin

Rice Brackett Elsberg

Humphrey McCarren Sherwood Brown

Featherson Johnson Mitchell Stranahan Ohahood Foley

Krum

Munzinger Wilcox
Coffey
Ford

La Roche Norton Willis
Coggeshall Goodsell Mackey

38 Mr. Sherwood moved that said bill be recommitted to the committee on affairs of cities, with instructions to said committee to report the same forth with amended, as follows:

Strike out all after the enacting clause and insert the following:

Section 1. Section seven of title three of chapter forty of the laws of eighteen hundred and eighty-eight, entitled "An act to incorporate the city of Hornellsville,” is hereby amended so as to read as follows:

§ 7. All accounts and claims against the city, including all accounts and claims for services rendered or moneys expended by any officers of said city, whose compensation is not otherwise provided for by this act, which would be valid claims against a town, if rendered or expended by officers thereof, shall be itentized, ver:fied and presented to the common council, aud the same shall be referred by it to a standing committee, consisting of one alderman from each ward, to be called “committee on auditing accounts." Said committee shall inquire into the justice of such accounts, may send for and compel the attendance and production of persons, books and papers, and may examine the claimart and others on oath in relation thereto. Said committee shall report to the common council favorably or unfavorably, in whole or in part all accounts referred to it, and if infavorably, give its reasons therefor, and the common council shall then pass upon the same as a board of auditors, and for that pur. pose shall possess the powers and be subject to the duties of town auditors. All claims for injuries to the person, alleged to have been caused or sustained by reason of defects, want of repair or obstruction of any of the highways, streets, alleys, side-walks or cross-walks of the city, shall be presented in writing to the common council within thirty days after the alleged date of such injuries. Such writing shall state the time, place, cause, nature and extent of the alleged injuries so far as practicable, and shall be verified by affidavit of the claimant to the effect that the same is true. The omission to present any such claim in the manner and within the time in this section provided shall be a bar to any action against said city therefor. No action shall be commenced against said city on any duly presented claim until after the expiration of three months from the presentation thereof. The city of Hornellsville shall not be liable for any injury caused by such highways, streets, alleys, side-walks or cross-walks being out of repair, or dangerous from snow, ice, or unlawful obstrucitions, unless actual written notice of the unsafe and dangerous condition thereof has been given to the mayor or city clerk of the said city of Fornellsville a reasonable time before the happening of any such injury. The city of Hornellsville, through its proper officers, shall have the power to cause to be repaired any sidewalk where the owner of the property shall neglect or refuse to repair the same for twenty-four hours after a written notice so to do has been served on him, either personally or by leaving the same at his residence or place of business, if he live in the city, with some person of suitable age and discretion; or, if the owner be a non-resident, by posting said notice on the premises in front of which repairs are required to be made. The said city of Hor

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