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Said bill was then read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, as amended, 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:

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

Mr. Higgins, from the committee on finance, to which was referred the nomination of William Church Osborn as a State Commissioner in Lunacy, reported the same to the Senate for confirmation.

The Senate went into open executive session, and after some time spent therein legislative business was resumed, and the President announced that said nomination had been confirmed.

The Assembly sent for concurrence the bill (No. 2345) entitled "An act to enable the police commissioners of the city of New York to rehear and determine the charges against William W. O'Connor, a policeman of the third grade, for reinstatement in said

department" (Rec. No. 140), with a message that said bill was duly passed by the Assembly February 28, 1899, and was transmitted to the Senate. Said bill was returned by the Senate March 29, 1899, with a message that they had duly concurred in the passage of the same. Said bill was on March 30, 1899, duly transmitted to the mayor of the city of New York, as provided by law, for a public hearing in said city, and was returned by said mayor April 13, 1899, with a message that after a public hearing thereon said mayor does approve said bill and does accept the same. Said bill was thereafter, and on April 14, 1899, duly delivered to the Governor. Said bill was thereafter, and on April 19, 1899, by concurrent resolution of the Senate and Assembly, duly recalled from the Governor for the purpose of amendment. The vote upon the final passage of said bill having been reconsidered, said bill was, on motion of Mr. Fallows, recommitted to the committee on affairs of cities, with instructions to amend as follows and report forthwith:

Page 1, section, line 2, strike out the word "required" and insert in lieu thereof the words "authorized, in their discretion."

Said bill, as amended, was on April 25, 1899, read the third time and duly passed, a majority of all the members elected to the Assembly voting in favor thereof, and three-fifths being present, said bill having been printed and on the desks of the members in its final form at least three calendar legislative days prior to its final passage.

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 therof, and three-fifths being present as follows:

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Said bill was then 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:

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

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The bill (No. 1001) entitled “An act to amend chapter 537 of the Laws of 1893, entitled 'An act 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 721 of the Laws of 1887, providing for the depression of railroad tracks in the Twenty-third and Twenty-fourth wards in the city of New York or otherwise,' as amended by chapter 567 of the Laws of 1894, entitled An act to amend chapter 537 of the laws of 1893, entitled 'An act providing for ascertaining and paying the amount of damages to lands and buildings suffered by reason of changes of grade of streets or avenues, inade pursuant to chapter 721 of the Laws of 1887, providing for the depression of railroad tracks in the Twenty-third and Twenty-fourth wards in the city of New York, or otherwise,' relative to damages caused by change of grade in the borough of the Bronx (formerly the Twenty-third and Twenty-fourth wards), of the city of New York, by permitting the filing of certain claims, under the provisions of said chapter 537 of the Laws of 1893, as amended by chapter 567 of the Laws of 1894'" (Int. No. 289), was returned by the inayor of the city of New York with a certificate that a public hearing had been duly [SENATE JOURNAL.]

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held on said bill in pursuance of law, and that the mayor had duly accepted the same.

Ordered, That the Clerk deliver said bill to the Governor.

The Assembly returned the bill (No. 1440) entitled "An act to enable the commissioners of the police department of the city of New York to rehear and determine the charges against Philip Ryan, a policeman of the first grade, for reinstatement in said department" (Int. No. 1008), with a message that they have concurred in the passage of the same.

Ordered, That the Clerk transmit said bill to the mayor of the city of New York, for a hearing pursuant to the provisions of the Constitution.

The bill (No. 916, Senate reprint No. 2162), entitled "An act to amend chapter 1018 of the Laws of 1895, entitled An act to provide for the sanitary protection of the sources of water supply of the city of Rochester, by the acquisition by said city of real property and interests therein necessary for that purpose and by the abatement and removal of sources of pollution"" (Int. No. 777), was returned by the mayor of the city of Rochester, with a certificate that a public hearing had been duly held on said bill in pursuance of law, and that the mayor had not accepted the same, but that the local legislative body had duly accepted the same, was read the third time.

The President stated the question to be "Shall this bill become a law notwithstanding the objection of the mayor of the city of Rochester, the same having been accepted by a majority of the common council, the legislative body 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 decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and three-fifths being present, as follows:

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Ordered, That the Clerk deliver said bill to the Assembly, and request their concurrence therein.

The Assembly returned the bill (No. 1178, Assembly reprint No. 2442), entitled "An act to amend section 205 of chapter 182 of the Laws of 1892, entitled 'An act to incorporate the city of Mount Vernon'" (Int. No. 523), 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 two hundred and five of chapter one hundred and eighty-two of the laws of eighteen hundred and ninety-two entitled "An act to incorporate the city of Mount Vernon," is hereby amended so as to read as follows:

$ 205. The common council may also, from time to time, issue bonds for such sums as may be necessary to pay two-thirds of the expenses of paving streets of the city, provided that the aggregate of such bonds shall not exceed the sum of three hundred and fifty thousand dollars, provided that not more than twenty-five thousand dollars of such bonds shall be issued in any one year. Such bonds shall be of such denomination as the common council may determine, bear interest at a rate not exceeding four per centum per annum, and mature in sums not exceeding ten thousand dollars in any one year. Said bonds shall be signed by the mayor and city clerk, and sealed with the city seal. The common council shall convert said bonds into money at not less than their par value, or inay obtain loans on the same, and the proceeds therefrom shall be used only for the payment of two-thirds of the costs of such paving. § 2. This act shall take effect immediately.

Mr. Graney moved that the Senaté concur in said amendment. 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:

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