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the year when such certificates or revenue bonds are issued and payable out of such taxes. Nor shall this section be construed to prevent the issue of bonds to provide for the supply of water; but the term of the bonds issued to provide the supply of water shall not exceed twenty years, and a sinking fund shall be created on the issuing of the said bonds for their redemption, by raising annually a sum which will produce an amount equal to the sum of the principal and interest of said bonds at their maturity. All certificates of indebtedness or revenue bonds issued in anticipation of the collection of taxes, which are not retired within five years after their date of issue, and bonds issued to provide for the supply of water, and any debt hereafter incurred by any portion or part of a city, if there shall be any such debt, shall be included in ascertaining the power of the city to be become otherwise indebted. Whenever the boundaries of any city are the same as those of a county, or when any city shall include within its boundaries more than one county, the power of any county wholly included within such city to become indebted shall cease, but the debt of the county heretofore existing shall not, for the purposes of this section, be reckoned

part of the city debt. The annount hereafter to be raised by tax for county or city purposes, in any county containing a city of over one hundred thousand inhabitants, or any such city of this state, in addition to providing for the principal and interest of existing debt, shall not in the aggregate exceed in any one year two per centum of the assessed valuation of the real and personal estate of such county or city, to be ascertained as prescribed in this section in respect to county or city debt.

§ 2. Resolved, (if the assembly concur), that the foregoing, amendment be submitted to the people for approval at the next general election, in accordance with the provisions of the election law.

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Ordered, That the Clerk deliver said resolution to the Secre. tary of State.

The Assembly returned the concurrent resolution (No. 632) entitled “Concurrent resolution of the Senate and Assembly proposing an amendment to article 3, section 26 of the Constitution, relating to board of supervisors and clevolving the duties thereof upon the municipal assembly or other legislative body of a city in counties wholly included in a city or where two or more entire counties are included in a city” (Int. No. 356), in the words following, with a message that they have concurred in the passage of the same:

Whereas, the legislature at its regular session in eighteen hundred and ninety-seven duly adopted a resolution, providing for

an amendment to the constitution relating to boards of supervisors and devolving the duties thereof upon the municipal as sembly or other legislative body of a city in counties wholly included in a city or where two or more entire counties are included in a city; and which resolution was referred to the legis lature to be chosen at the next general election of senators, and directed to be published in accordance with section one of article fourteen of the constitution; and

Whereas, such resolution has been duly published in accordance with law and the constitution and referred to this legis lature for action; therefore,

Section 1. Resolved, (if the assembly concur), that section twenty-six, article third of the constitution be amended so as to read as follows:

$26. There shall be in each county, except in a county wholly included in a city, a board of supervisors, to be composed of such members and elected in such manner and for such period as is or may be provided by law. In a city which includes an entire county, or two or more entire counties, the powers and duties of a board of supervisors may be devolved upon the municpal assembly, common council, board of aldermen or other legislative body of the city.

§ 2. Resolved, (if the assembly concur), that the foregoing amendment be submitted to the people for approval at the next general election, in accordance with the provisions of the election law.

Ordered, That the Clerk deliver said resolution to the Secretary of State.

The Assembly sent for concurrence a resolution, in the words following:

Resolved (if the Senate concur) That a respectful message be sent to the Governor requesting the return to the Assembly of Assembly bill No. 456, entitled “ An act to amend section 409 of the Penal Code relative to dangerous weapons" (Rec. No. 103), for the purpose of amendment.

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

Ordered, That the Clerk return said resolution to the Assembly with a message that the Senate have concurred in the passage of the same.

The Assembly returned the bill (No. 719, Assembly reprint No. 2341), entitled “ An act' to amend the Fisheries, Game and Forest

[SENATE JOURNAL.] 211

Law relative to closing waters stocked with fish at public expense” (Int. No. 636), with a message that they have passed the same, with the following amendments:

Page 2, line 23, after the word "empowered "insert the words upon a request of a majority of the town board of any town."

Same page, line 24, after the word “in” insert the words said town in."

Mr. Chahoon moved that the Senate concur in said amend

ments.

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:

FOR THE AFFIRMATIVE.

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Ahearn Davis G A. Graney Marshall Rice
Ambler

Donnelly Havens Martin Sherwood
Armstrong Ellsworth Higgins McCarren Stranahan
Brackett Elsberg Humphrey Mitchell Sullivan
Brown

Featherson Johnson Munzinger Thornton Chahoon Feeter

Krum

Parsons Wagner
Coffey

Foley La Roche Plunkitt White
Coggeshall Ford

Mackey Raines Wilcox
Cullen Grady Malby Ramsperger Willis
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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in their amendments.

A message from the Assembly was received and read, in the words following:

IN ASSEMBLY, April 15, 1899. Pursuant to concurrent resolution of the Senate and Assembly, the Governor returned the Assembly bill (No. 2330, Senate reprint No. 924), entitled “ An act to amend the Code of Criminal Procedure in relation to the assignment of counsel.” (Rec. No. 61.)

The vote upon the final passage of said bill having been reconsidered, on motion of Mr. Ware, said bill was recommitted to the committee on codes, with instructions to report the same forth with amended as follows:

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Page 2, lines 3 and 4, strike out from the word “before” to and including the word "indictment" and insert the words “if requested by the defendant, and in all cases counsel must be employed by or assigned for a defendant who is a minor before be shall plead to the indictment.”

Said bill, as amended, was read the third time and passed, having been printed and upon the desks of the members iņ its final form at least three calendar legislative days prior to its final passage.

By order,
A. E. BAXTER,

Clerk.

Mr. Elsberg 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 G A Graney Marshall Rice
Ambler
Donnelly

Havens Martin Sherwood Armstrong Ellsworth Higgins McCarren Stranahan Brackett Elsberg IIumphrey Mitchell Sullivan Brown

Featherson Jolinsoni Munzinger Thornton Chahoon Feeter

Krum

Parsons Wagner Coffey Foley

La Roche Plunkitt White Coggeshall Ford Mackey Raines

Wilcor Cullen Grady Malby Ramsperger Willis Davis DF

46

Mr. Elsberg moved that said bill be laid upon the table.

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

The Assembly returned the bill (No. 1083, Assembly reprint No. 2334), entitled "An act to amend sections 773, 774, 777, 778, 780 and 781 of the Code of Criminal Procedure, relating to coroners, and abolishing coroners' juries” (Int. No. 638), with a message that they have passed the same with the following amendment:

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

Section 1. Section seven hundred and seventy-three of the code of criminal procedure is hereby amended so as to read as follows:

§ 773. Whenever a coroner is informed that a person has been killed or dangerously wounded by another, or has suddenly died under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another by criminal means, or has coumitted suicide, he must go to the place where the person is and forthwith inquire into the cause of the death, or wounding, and in case such death, or wounding, occurred in a county in which is situated in whole, or in part, a city of the first class, but not otherwise, summon not less than nine, nor more than fifteen persons, qualified by law to serve as jurors, to appear before him forthwith, at a specified place, to inquire into the cause of the death or wound, and it it shall appear from the sworn examination of the informant, or complainant, or if it shall appear from the evidence taken on, or during the inquisition, or hearing, that any person, or persons, are chargeable with the killing or wounding, or that there is probable cause to believe that any person or persons are chargeable therewith, and if such person or persons be not in custody, he inust forthwith issue a warrant for the arrest of the person or persons charged with such killing or wounding; and upon the arrest of any person, or persons, chargeable therewith, he must be arraigned before the coroner for examination, and the said coroner shall have power to commit the person or persons so arrested to await the result of the inquisition or decision. Any coroner shall be disqualified from acting as such in any case where the person killed, or dangerously wounded, or dying suddenly, as aforesaid, is a co-employee with said coroner, of any person, or persons, association, or corporation, or where it appears that the killing or wounding has been occasioned, directly or indirectly, by the employer of said coroner.

§ 2. Section seven hundred and seventy-four of the code of criminal procedure is hereby repealed.

§ 3. Section seven hundred and seventy-seven of the code of criminal procedure is hereby amended so as to read as follows:

§ 777. After inspecting the body and hearing the testimony, the coroner must render his decision, or if in a county where a jury is. summoned as provided in section seven hundred and seventy-three, the jury must render their verdict, and certify it by an inquisition or decision in writing, signed by him or them as the case may be, and setting forth who the person killed or wounded is, and when, where and by what means he came to his death, or was wounded; and if he were killed, or wounded, or his death were occasioned by the act of another, by criminal means, who is guilty thereof, in so far as hy such inquisition he or such jury has been able to ascertain.

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