4 Page 11, line 5, strike out the comma after the word "appeal." Same page, line 6, strike out from the word "by" to the word “other” inclusive, and insert in place thereof the words "in the manner provided by the code of civil procedure for appeal in civil action." Mr. Sherwood moved that the Senate concur in said amendments. The President put the question whether the Senate would concur in said amendment, said bill 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: Goodsell Marshall 43 Davis G A duly passed by the Assembly, the Speaker stating the question to be "Shall this bill become a law, notwithstanding the objection of the common council of the city of Rome, the legislative body of said city, the same having been approved and accepted by the mayor of said city," and a majority of the members elected to the Assembly voted in favor thereof, three-fifths being present, said bill having been printed and upon the desks of the members in its final form at least three calendar legislative days prior to its final passage. The President stated the question to be "Shall this bill become a law, notwithstanding the objection of the common council of the city of Rome, said bill having been accepted by the mayor of said city?" the same having been printed and upon the desks of the members in its final form for three calendar legislative days, and it was décided 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. A communication from the Governor, was received and read, in the words following: To the Senate: STATE OF NEW YORK-EXECUTIVE CHAMBER, I hereby nominate as a state commissioner in lunacy, William Church Osborn a lawyer, of the county of New York, to succeed Goodwin Brown, whose term of office is soon to expire. THEODORE ROOSEVELT. [SENATE Journal.] 186 Said communication was ordered referred to the committee on finance. The bill (No. 64) entitled “An act to amend section 2 of chapter 644 of the Laws of 1897, entitled 'An act relative to the opening of a public place situate between East One Hundred and Sixtyfirst street and East One Hundred and Sixty-second street, and between Courtlandt avenue and the New York and Harlem Railroad, in the Twenty-third ward (borough of the Bronx) of the city of New York'" (Int. No. 559), having been announced for a third reading, On motion of Mr. Mitchell, and by unanimous consent, said bill was amended as follows: Page 1, line 5, after the word “assessment" insert the words "whether in the proceeding hereby authorized or in any proceedings for the acquisition of the title to said land and premises." Page 2, line 1, make the word “he” read "the," also strike out from the word "Chapter" to the word "seven" inclusive, and insert before the word "city" the words "mayor, alderman and commonalty of the" and after the word "act" insert the words or otherwise.” Same page, line 5, strike out the word "said" and after the word "report" insert the words "of said commissioners.” .66 Same page, line 6, after the word "the" insert the words mayor, aldermen and commonalty of the.” Same page, line 10, strike out the words "purposes thereof and insert the words "public place aforesaid.” Same page, line 12, after the word “thereto " insert the words "shall be borne by the mayor, aldermen and commonalty of the city of New York or its successors, exclusively and without resort to assessment therefor and." Same page, line 14, strike out from the word " and " to the end of line. Amend the title by adding the words "relation to damages awarded by the commissioner of estimate and assessment." Ordered, That said bill be reprinted. The President in the chair. The bill (No. 1376) entitled "An act to amend section 1 of chapter 21 of the Laws of 1871, entitled 'An act to incorporate The American Home Missionary Society'" (Int. No. 986), 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 affirma tive, 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. 1258) entitled "An act to amend chapter 635 of the Laws of 1897, entitled 'An act to amend 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' relative to engineers" (Int. No. 767), 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. 1606) entitled "An act to amend the Fisheries, Game and Forest Law, in relation to powers and duties of protectors and foresters" (Rec. No. 462), 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 Assembly bill (No. 753) entitled "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,' relating to newspapers to be designated in which corporate notices are to be advertised" (Rec. No. 460), 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 |