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

Mr. Dick moved that the committee on finance be discharged from the consideration of Senate bill (No. 227, Int. No. 218) entitled "An act to amend the Education Law, in relation to the Appellate Division library, Fourth Department, and making an appropriation therefor," and that said bill be amended, reprinted and recommitted to the committee on finance.

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

Mr. Lipowicz moved that the committee on labor and industry be discharged from the consideration of Senate bill (No. 194, Int. No. 186) entitled "An act to amend the Labor Law, in relation to public work," and that said bill be amended, reprinted and recommitted to the committee on labor and industry.

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

Mr. Mastick moved that the committee on taxation and retrenchment be discharged from the consideration of Senate bill (No. 186, Int. No. 178) entitled "An act to amend the Tax Law, in relation to imposing a tax on estates of residents and nonresidents," and that said bill be amended, reprinted and recommitted to the committee on taxation and retrenchment.

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

Mr. Mastick moved that the committee on public education be discharged from the consideration of Senate bill (No. 607, Int. No. 572) entitled "An act to amend the Education Law, in relation to the duties of boards of education of cities wherein the school tax is collected separately and is not subject to change by the city administration," and that said bill be amended, reprinted and recommitted to the committee on public education.

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

Mr. Mastick moved that the committee on public education be discharged from the consideration of Senate bill (No. 608, Int. No. 573) entitled "An act to amend the Education Law, in relation to requiring the city budget to separately indicate the amount to be levied for school purposes, if the school budget is subject to change by any city authority," and that said bill be amended, reprinted and recommitted to the committee on public education. The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Mr. Mastick moved that the committee on public education be discharged from the consideration of Senate bill (No. 611, Int. No. 576) entitled "An act to amend the Education Law, in relation to requiring boards of education of cities to consider unexpended balances in preparing the annual estimate," and that said bill be amended, reprinted and recommitted to the committee on public education.

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

Mr. Mastick moved that the committee on public education be discharged from the consideration of Senate bill (No. 612, Int. No. 577) entitled "An act to amend the Education Law, in relation to financial reports of boards of education of cities," and that said bill be amended, reprinted and recommitted to the committee on public education.

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

The Senate bill (No. 407, Int. No. 220) entitled "An act to amend the Public Health Law, in relation to the approval of plans for water purification plants," having been announced for third reading, Mr. Webb moved that said bill be recommitted to the committee on public health for a public hearing, retaining its place in the order of third reading.

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

The Senate bill (No. 413, Int. No. 389) entitled "Concurrent resolution of the Senate and Assembly proposing an amendment to section two of article one of the constitution, in relation to prescribing by law the right of the defendant to waive a jury trial in criminal cases.

Section 1. Resolved (if the Assembly concur), That section two of article one of the constitution be amended to read as follows:

§ 2. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in all civil cases and by the defendant in all criminal cases, except where the penalty is death, in the manner to be prescribed by law.

§ 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the legislature to be chosen at the next general election of senators, and in conformity with section one of article fourteen of the constitution be published for three months previous to the time of such election," 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:

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Sheridan

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

The Senate bill (No. 203, Int. No. 195) entitled "An act to amend the Civil Practice Act, in relation to docketing judgments of United States courts, was read the third time.

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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 deliver said bill to the Assembly and request its concurrence therein.

The Senate bill (No. 216, Int. No. 208) entitled "An act to amend the Civil Service Law, in relation to the membership of the State Retirement System," 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:

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

The Senate bill (No. 170, Int. No. 162) entitled "An act to amend the General Construction Law, in relation to the seal of a corporation," 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:

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

The Assembly bill (No. 38, Rec. No. 45) entitled "An act to amend the County Law, in relation to the compensation of supervisors of Tioga county, was read the third time.

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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 has concurred in the passage of the

same.

The Senate bill (No. 288, Int. No. 272) entitled "An act to amend the County Law, in relation to the compensation of the county judge and surrogate of Sullivan county," 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:

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

The Senate bill (No. 230, Int. No. 221) entitled "An act to amend the County Law, in relation to dairy and sanitary inspectors, 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:

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

The Senate bill (No. 137, Int. No. 137) entitled "An act to amend the County Law, in relation to compensation of supervisors in Herkimer county," 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:

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