Mr. Ford 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 1, line 2, strike out the words "inserting therein " and insert the words "adding thereto."

Same page, line 3, strike out the word "nine-a” and insert the word "thirteen."

Same page, line 4, strike out "9-a" and insert the figures “13."

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. G. A. Davis gave notice that on some future day he would move to suspend Senate rules Nos. 1, 4, 9, 12, 15, 19, 31 and 45 for the purpose of reading, passing and transmitting to the Assembly out of its order, Assembly bill No. 2268, entitled “ An act for the promotion of commerce on the seaboard waters of this State" (Rec. No. 642), as amended.

Mr. D. F. Davis offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of Senate bill No. 1219, entitled "An act to incorporate the Empire State Rapid Transportation Company” (Int. No. 926), and it be recommitted to the committee on miscellaneous corporations.

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

Mr. Marshall offered the following:

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Resolved, That the committee of the whole be discharged from the further consideration of Senate bill No. 138, entitled “ An act to amend chapter 378 of the Laws of 1897 being 'The Greater New York Charter'" (Int. No. 138), and that said bill be recommitted to the committee on affairs of cities, retaining its place on general orders.

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

Mr. Stranahan, from the committee on affairs of cities, to which was referred the bill introduced by Mr. Marshall, Int. No. 138, entitled "An act to amend chapter 378 of the Laws of 1897 being 'The Greater New York Charter'" (No. 138), reported in favor of the passage of the same, with some amendments, which report was agreed to, and said bill restored to its place in committee of the whole.

Mr. Armstrong, from the committee on roads and bridges, to which was referred the bill introduced by Mr. G. A. Davis, Int. No. 1012, entitled "An act to amend chapter 464 of the Laws of 1886, entitled 'An act to improve the road leading from Buffalo to the village of Williamsville, from the city line to Ellicott creek, and commonly known as the Main street road'" (No. 1448), 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. Coggeshall, from the committee on miscellaneous corporaticns, to which was referred the bill introduced by Mr. Rice, Int.. No. 975, entitled "An act in relation to electrical, power, water and ice companies organized under the laws of this State" (No. 1343), reported in favor of the passage of the same, with some amendments (Senator Malby and Chahoon dissenting), and the title amended so as to read "An act in relation to electric light, heat or power corporations organized under the laws of this State," which report was agreed to, and said bill committed to the committee of the whole.

Mr. Stranahan, from the committee on affairs of cities, to which [SENATE JOURNAL.]

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was referred the Assembly bill introduced by Mr. Phillips, Rec. No. 628, entitled "An act to enable the commissioners of the police department of the city of New York to rehear and determine the charges against John Fitzgibbons, a policeman of the first grade, for reinstatement in said department" (No. 2225), 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. Stranahan, from the committee on affairs of cities, to which was referred the bill introduced by Mr. Stranahan, Int. No. 990, entitled “An act to amend chapter 394 of the Laws of 1895, entitled 'An act to revise the charter of the city of Oswego,' as amended by chapter 263 of the Laws of 1897" (No. 1383), 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. Stranahan, from the committee on affairs of cities, to which was referred the Assembly bill introduced by Mr. Redington, Rec. No. 589, entitled "An act empowering the comptroller of the city of New York to cancel the assessment laid upon the real estate of the First Methodist Episcopal Church of North New York, in the city of New York, for the paving of East One Hundred and Forty-first street, between Willis and Brook avenues, in the city of New York" (No. 1980), reported in favor of the pas sage of the same, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. Feeter, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill introduced by Mr. Kane, Rec. No. 497, entitled "An act to amend chapter 108 of the Laws of 1891, entitled "An act to make the office of sheriff of Erie county a salaried office, in part, and regulating the management of said office,' relative to the compensation of said sheriff, his under-sheriff and deputies, and the management of said office" (No. 1953), reported in favor of the passage of the same, which report was agreed to.

On motion of Mr. G. A. Davis, and by unanimous consent, the rules were suspended, and said bill was ordered to a third readiug.

Mr. Brackett, from the committee on the judiciary, to which was referred the Assembly bill introduced by M. Burnett, Rec.. No. 296, entitled "An act conferring jurisdiction upon the Court of Claims to hear, audit and determine the alleged claim of the city of Geneva against the State for moneys advanced and expended by the city of Geneva in the settlement of expenses arising out of the care and quarantine of the Joshua Simpkins. Troupe infected with small pox, and to render judgment therefor" (No. 1523), reported in favor of the passage of the same, which report was agreed to.

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

Mr. Malby, from the committee on codes, to which was referred the Assembly bill, introduced by Mr. Finn, Rec. No. 478, entitled "An act to amend the Penal Code by inserting therein four new sections to be known as sections 337a, 337b, 337c and 337d, relating to gambling machines, apparatus or devices, commonly known as slot machines" (No. 1885), reported in favor of the pas sage 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. Collier, Rec. No. 594, entitled "An act to amend section 688 of the Code of Civil Procedure relative to defendant's undertaking in attachment 2048), reported in favor of the passage of the same, which report was agreed to, and said bill committed to the committee of the whole.

(No.

Mr. Malby, from the committee on codes, to which was referred the Assembly bill introduced by committee to investigate Surrogates' Court, Rec. No. 634, entitled "An act to amend the Code of Civil Procedure, relating to service of citation by publication "(No. 2163), 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. Raines, from the committee on railroads, to which was referred the bill introduced by Mr. Ellsworth, Int. No. 1010, entitled "An act to amend the Railroad Law regarding construction of a street surface railroad track by the commissioners of the State reservation at Niagara " (No. 1442), reported in favor of the pas sage of the same, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. Feeter, from the committee on internal affairs of towns and counties, to which was referred the Assembly bill introduced by Mr. Russell, Rec. No. 402, entitled "An act to amend chapter 398 of the Laws of 1876, entitled 'An act to provide for the election and compensation of coroners in the county of Rensselaer,' relative to the salary of coroner" (No. 1719), 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 Assembly bill introduced by Mr. Thorn, Rec. No. 632, 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,' relative to term of police justice" (No. 2263), 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. M. E. Lewis, Rec. No. 619, entitled "An act to amend chapter 481 of the Laws of 1897, entitled 'An act to amend the Town Law and the acts amendatory thereof, relating to the holding of town meetings,' relative to the election of town officers in certain cases (No. 2266), 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. Norton, Int. No. 870, entitled "An act to amend section 14 of chapter 588