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New York; the others shall be bounded by county lines, and be compact and equal in population as nearly as may be. Once every ten years the legislature may alter the judicial departments, but without increasing the number thereof. There shall be an appellate division of the supreme court, consisting of seven justices in the first department, and of five justices in each of the other departments. In each department four shall constitute a quorum, and the concurrence of three shall be necessary to a decision. No more than five justices shall sit in any case. From all the justices elected to the supreme court the governor shall designate those who shall constitute the appellate division in each department; and he shall designate the presiding justice thereof, who shall act as such during his term of office, and shall be a resident of the department. The other justices shall be designated for terms of five years or the unexpired portions of their respective terms of office, if less than five years. From time to time as the terms of such designations expire, or vacancies occur, he shall make new designations. A majority of the jus tices so designated to sit in the appellate division in each department shall be residents of the department. He may also make temporary designations in case of the absence or inability to act of any justice in the appellate division, or in case the presiding justice of any appellate division shall certify to him that one or more additional justices are needed for the speedy disposition of the business before it. Whenever the appellate division in any department shall be unable to dispose of its business within a reasonable time, a majority of the presiding justices of the sev eral departments at a meeting called by the presiding justice of the department in arrears may transfer any pending appeals from such department to any other department for hearing and determination. No justice of the appellate division shall exercise any of the powers of a justice of the supreme court, other than those of a justice out of court, and those pertaining to the appellate division or to the hearing and decision of motions submitted by consent of counsel. From and after the last day of December, eighteen hundred and ninety-five, the appellate division shall have the jurisdiction now exercised by the supreme court at its general terms and by the general terms of the court of common pleas for the city and county of New York, the superior court of the city of New York, the superior court of Buffalo and the city of Brooklyn, and such additional jurisdiction as may be conferred by the legislature. It shall have power to appoint and remove a reporter. The justices of the appellate division in each department shall have power to fix the times and places for holding special and trial terms therein, and to assign the justices in the departments to hold such terms; or to make rules therefor.

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

An act to confer jurisdiction upon the Court of Claims to hear, audit and determine the alleged claim of Wilbur F. Barker against the State of New York for compensation to which it is alleged said claimant is entitled for services rendered and performed for and on behalf of the State of New York and to render judgment therefor" (No. 2030, Rec. No. 536), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to amend chapter 686 of the Laws of 1892, entitled 'An act in relation to counties, constituting chapter 18 of the general laws', relative to coroners" (No. 1997, Rec No. 537), which was read the first time, and by unanimous consent was also read the second time.

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

"An act to make the office of sheriff of the county of Kings a salaried office and regulating the management of said office" (No. 1099, Rec. No. 538), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on affairs of cities.

"An act to amend the Tax Law, being chapter 24 of the general laws, relating to appointment of special guardians in transfer tax proceedings" (No. 1946, Rec. No. 539), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on taxation and retrenchment.

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"An act to amend the Code of Civil Procedure, relating to appointments in Surrogates' Court in the county of New York' (No. 1918, Rec. No. 540), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

"An act to amend the Code of Civil Procedure, in relation to fees of inventory appraisers" (No. 1919, Rec. No. 541), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

“An act for the regulation of pharmacists and druggists, and to prevent accidents and mistakes in the preparing and compounding of medicinal prescriptions in the city of New York" (No. 1635, Rec. No. 542), which was read the first time, and by unanimous consent was also read the second time.

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

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"An act to amend section 484 of the Code of Criminal Procedure, relative to power to remit fines and imprisonment in ease of failure to pay fine" (No. 2068, Rec. No. 543), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

The Senate resolved itself into a committee of the whole, and proceeded to the consideration of general orders, being the bills entitled as follows:

(1) Assembly, "An act to amend the Village Law, in relation to the power of trustees to prescribe the width of tires on vehicles." (No. 1148, Rec. No. 330.)

(2) Assembly, "An act to amend the Fisheries, Game and Forest Law, in relation to powers and duties of protectors and foresters." (No. 1606, Rec. No. 462.)

(3) Assembly, “An act to amend the charter of the city of Ithaca, in relation to the jurisdiction of the recorder." (No. 1209, Rec. No. 364.)

(4) Assembly, "An act to amend the Penal Code, in relation to unlawful discrimination of price charged for admission to certain places." (No. 914, Rec. No. 170.)

(5) “An act to regulate the price of illuminating gas in the borough of Manhattan and the borough of the Bronx in the city of New York." (No. 324, Int. No. 314.)

(6) Assembly, "An act to amend the Fisheries, Game and Forest Law, and the acts amendatory thereof, in relation to salt water striped bass." (No. 1891, Rec. No. 517.)

(7) Assembly, "An act to amend section 2342 of the Code of Civil Procedure, relating to the judicial settlement of the accounts of the committees of incompetent persons." (No. 1650, Rec. No. 16.)

(8) Assembly, "An act to amend section 1757 of the Code of Civil Procedure, relating to actions for divorce." (No. 1540, Rec. No. 323.)

(9) Assembly, "An act to amend The Greater New York Charter, relative to costs and charges of commissioners." (No. 1401, Rec. No. 228; Senate reprint No. 1267.)

(10) Assembly, "An act to amend section 193 of the Code of Civil Procedure." (No. 1259, Rec. No. 200.)

(11)

"An act for the relief of C. Cecelia Carey." (No. 1256, Int. No. 896.)

(12) "An act to provide for annual reports by cities of the second and third class of their financial condition, and to establish a system of uniform accounts therein." (No. 833, Int. No. 727.)

(13) Assembly, "An act to authorize the board of trustees of the village of White Plains to compel the owners of property fronting on any street, avenue or highway in said village to construct, relay and keep in repair the sidewalks, curbstones and gutters in front of their respective lots, and to provide for the manner and means of payment therefor by the village in case of the refusal of such owners to obey the resolution, by-law or ordinance of the said board in regard to the same." (No. 1381, Rec. No. 397.)

(14) Assembly, "An act to amend chapter 114 of the Laws of 1869, entitled 'An act to amend an act to consolidate and amend the several acts relating to the village of Watkins, and to enlarge the powers of the corporation of said village, passed April 3, 1861.'' (No. 1619, Rec. No. 382.)

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(15) Assembly, "An act to amend the Membership Corporations Law, in relation to the collection of taxes assessed on lot owners of cemetery corporations." (No. 1153, Rec. No. 269.)

(16) Assembly, "An act to amend chapter 371, Laws of 1896, in relation to auction sales." (No. 1454, Rec. No. 300.)

(17) Assembly, "An act declaring Spuyten Devil creek, Brant lake and Brant Lake creek, tributaries of the Schroon river, in the county of Warren, to be public highways, and providing for the assessment of damages to riparian owners thereof." (No. 1754, Rec. No. 432; Senate reprint No. 1268.)

(18) Assembly, "An act to amend the Domestic Relations Law,

relating to the contents of indentures of apprenticeship." (No. 1750, Rec. No. 404.)

(19) Assembly, “An act to further provide for the collection, in the county of Queens, of a tax under the act relating to taxable transfers of property and the expenses thereof." (No. 288, Rec. No. 217.)

(20) Assembly, "An act to amend the Fisheries, Game and Forest Law, and the acts amendatory thereof, relative to taking shad, herring and other fish in the Hudson and Delaware rivers, and other waters." (No. 1598, Rec. No. 360.)

(21) Assembly, "An act to amend chapter 723 of the Laws of 1895, entitled 'An act in relation to religious corporations, constituting chapter 42 of the general laws.'" (No. 1352, Rec. No. 225.)

(22) “An act to confer jurisdiction upon the Court of Claims to hear, audit and determine the alleged claim of the E. G. Bernard Company against the State for damages alleged to have been sustained by them, and to render judgment therefor." (No. 692, Rec. No. 363; Senate reprint No. 1254.)

(23) “An act to legalize, ratify and confirm the official acts of Alburn P. Richardson as justice of the peace of the town of Chesterfield, Essex county, New York." (No. 1140, Int No. 891.)

(24) “An act to confer jurisdiction upon the Court of Claims to hear, audit and determine the alleged claim of John B. Woodruff against the State for damages alleged to have been sustained by him, and to render judgment therefor." (No. 1260, Int. No. 807.)

(25) Assembly, "An act to amend the Labor Law, relating to safety appliances for scaffolding for the use of employes." (No. 1434, Rec. No. 306; Senate reprint, No. 1253.)

(26) "An act to protect the interests of owners of farm lands and fruit growers." (No. 884, Int. No. 562.)

(27) "An act to amend section 264 of the Code of Civil Procedure, relating to the Court of Claims." (No. 879, Int. No. 757.)

(28) Assembly, "An act to reappropriate money for the erection of a State armory in the city of Hudson, county of Columbia, as provided by chapter 579 of the Laws of 1896, and making a further appropriation therefor." (No. 1318, Rec. No. 255.)

(29) "An act to regulate the price of illuminating gas in the city of New York." (No. 635, Int. No. 578.)

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