nellsville, through its proper officers, shall also have power to cause to be cleaned any sidewalk from snow, ice or other obstruction where the same has remained for six hours. The city of Hornellsville shall have a cause of action against any such owner to collect the expenses of any work or repairs, as aforesaid, and a judgment in such action shall be a lien upon the real estate of the person, corporation or company against whom the same may be recovered. A bill or statement of the amount of such expenses shall be sent by mail to such owner, if his address be known. If such expenses are not paid, an affidavit of the actual cost thereof and date of completion thereof, and the property in front of which the work or repairs were done, shall be filed with the assessors of the city, at or before the time of making the general city tax levy by the common council of the city of Hornellsville, and they shall add the amount thereof, with interest at the rate of fifteen per centum per annum, from the time of the date of the completion of such work, to the amount assessed against said land for the next general city tax, and the whole amount of such assessment or expenses shall be collected as is provided in reference to general city taxes. This section shall not apply to or in any way affect any cause of action now existing. § 2. This act shall take effect immediately.

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

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

Mr. Raines offered the following:

Resolved, That the bill (No. 867) entitled "An act to remove the police department in the city of New York from political control, and establish a separate department of elections in said city" (Int. No. 415), be recommitted to the committee on affairs of cities.

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

Mr. Raines moved that the bill (No. 406) entitled "An act to amend title 5 of the Penal Code " (Int. No. 414), be recommitted to the committee on codes.

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

Mr. Higgins moved to reconsider the vote by which the bill (No. 909) entitled “An act to amend the State Finance Law, in relation

to the duties of State officers concerning receipts and expenditures" (Int. No. 657), 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:

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

Page 2, line 18, after the word "otherwise " insert the words except the health officer of the port of New York."

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

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

The bill (No. 1343) entitled "An act to amend the Code of Civil Procedure, in relation to witnesses in foreign actions" (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 forthwith amended as follows:

Section 5, strike out the word "immediately" at end of section, and insert the words "September first, eighteen hundred and ninety-nine."

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. Higgins offered the following:

Resolved, That the bill (No. 930) entitled "An act to amend the General Municipal Law, in relation to trusts to towns and villages for cemetery corporations" (Int. No. 359), be recommitted to the committee on internal affairs of towns and counties.

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

Mr. Munzinger 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 17, 1899.

The Senate met pursuant to adjournment.

Temporary President in the chair.

Prayer by Rev. G. M. Heindel.

The journal of Friday, April 14th, was read and approved. Mr. Armstrong introduced a bill entitled "An act to levy an assessment for the cost and expense of constructing an improvement and pavement in, upon and through Lake View park, in the city of Rochester, upon property benefited thereby" (Int. No. 1004), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Armstrong, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and referred to the committee on affairs of cities, retaining its place on the order of third reading.

Also, a bill entitled "An act to amend the charter of the city of Rochester, relating to condemnation proceedings" (Int. No. 1005), 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. Foley introduced a bill entitled "An act to provide portable

fire escapes in hotels and apartment houses" (Int. No. 1006); which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Foley, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and referred to the committee on affairs of cities, retaining its place on the order of third reading.

Mr. Marshall, from the committee on printed and engrossed bills, reported as correctly printed the following entitled bills: "An act to amend the Insurance Law, relative to corporate names and number of directors of insurance corporations." (No. 1335, Int. No. 327.)

"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, Int. No. 885.)

"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, Int. No. 969.)

"An act to amend chapter 425 of the Laws of 1896, entitled 'An act to amend the charter of the city of Poughkeepsie,' as amended by chapter 232 of the Laws of 1898." (No. 1341, Int. No. 974.)

"An act for the consolidation of the Italian Hospital of the city of New York with the Columbus Hospital of the city of New York." (No. 1340, Int. No. 973.)

"An act to amend section 1 of chapter 21 of the Laws of 1871, entitled 'An act to incorporate The American Home Missionary Society.'" (No. 1376, Int. No. 986.)

"An act to amend chapter 676 of the Laws of 1898, entitled ‘An act to create a metropolitan elections district; provide for the appointment of a State superintendent therein, and to prescribe his powers and duties.'" (No. 1092, Int. No. 866.)

"An act to amend an act, entitled 'An act to provide the manner in which and the time and place at which the qualified voters of [SENATE JOURNal.]

185

the State absent from their respective election districts, in time of war, in the actual military service of this State, or of the United States, in the army or navy thereof, may vote; and for the return and canvass of their votes in the election districts in which they respectively reside, and making an appropriation therefor, constituting chapter 674 of the Laws of 1898.'" (No. 1336, Int. No. 915.)

"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 787, providing for the depression of railroad tracks in the Twenty-third and Twentyfourth wards in the city of New York, or otherwise, relating to time to submit evidence." (No. 1375, Int. No. 985.)

"An act to amend chapter 4 of the Laws of 1891, entitled 'An act to provide for rapid transit railways in cities of over one million inhabitants,' and the acts amendatory thereof." (No. 1331, Int. No. 585.)

The Assembly sent for concurrence the following entitled bills: "An act to exempt from taxation the real estate of the Educational Alliance and of the University Settlement Society of New York (incorporated) " (No. 2216, Rec. No. 610), 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 amend the Code of Civil Procedure, relative to the fees of constables and deputy sheriffs" (No. 2257, Rec. No. 611), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Sullivan, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading, and referred to the committee on codes, retaining its place on the order of third reading.

“An act to amend section 2125 of chapter 410 of the Laws of 1882, entitled 'An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York,' relating to Hell Gate pilots, pilotage and pilot ap