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

§ 778. The testimony of the witnesses examined before the coroner or the jury must be reduced to writing by the coroner, or under his direction, and must be forthwith by him, with the inquisition, or decision, filed in the office of the clerk of the county court of the county, or of a city court, having power to inquire into the offense by the intervention of a grand jury.

§ 5. Section seven hundred and eighty of the code of criminal Procedure is hereby amended so as to read as follows:

$ 780. If the coroner or jury, where a jury is summoned finds that the person was killed or wounded by another, under cirsumstances not excusable, or justifiable, by law, or that his death was occasioned by the act of another, by criminal means, and the party committing the act be ascertained by the inquisi tion or decision, and be not in custody, the coroner must issue a warrant, signed by him with his name of office, into one or more counties, as may be necessary, for the arrest of the person charged.

$ 6. Section seven hundred and eighty-one of the code of criminal procedure is hereby amended so as to read as follows:

$ 781. The coroner's warrant must be in substantially the following form: County of Albany (or as the case may be). In the name of the people of the state of New York, to any sheriff, constable, marshal or policeman in this county: An inquisition having been this day found by a coroner's jury before me, (or a deci. sion having been made by me) stating that A B has come to his death by the act of C D by criminal means (or as the case may be), as found by the inquisition (or decision;) or information having been this day laid before me that A B has been killed or dangerously wounded by C D by criminal means( or as the case may be), you are hereby commanded forthwith to arrest the above named C D and bring him before me, or in the case of my absence or inability to act, before the nearest or most accessible coroner in this county.

Dated at the city of Albany (or as the case may be), this . day of

E. F.

Coroner of the county of Albany (or as the case may be.) $ 7. This act shall take effect September first, eighteen hundred and ninety-nine.

Mr. Brackett moved that the Senate concur in said amend

ment.

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 threefifths being present, as follows:

FOR THE AFFIRMATIVE.

Ahearn Davis GA Graney
Ambler Donnelly Havens
Armstrong Ellsworth Higgins
Brackett Elsberg Humphrey
Brown

Featherson Johnson
Chahoon Feeter

Krum Coffey Foley

La Roche Coggeshall Ford

Mackey Cullen

Malby Davis DF

Marshall Ricé
Martin Sherwood
McCarren Stranahan
Mitchell Sullivan
Munzinger Thornton
Parsons Wagner
Plunkitt White
Raines

Wilcox
Ramsperger Willis

46

Grady

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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.

The bill (No. 675) entitled "An act to amend chapter 760 of the Laws of 1897, entitled ' An act to revise the charter of the city of Watertown'" (Int. No. 607), was returned by the mayor of the city of Watertown, with a certificate that a public hearing had been duly held on said bill in pursuance of law, and that the mayor and local legislative body have not accepted the same.

Mr. Brown moved that said bill and the accompanying message be laid upon the table.

The President put the question whether the Senate would agree to said motion to lay upon the table, and it was decided

in the affirmative.

Mr. Higgins, from the committee on finance, to which was referred the Assembly bill introduced by Mr. E. E. Kelley, Rec. No. 710, entitled "An act to provide for clearing out and improving the channel of the West Canada creek and building a dyke and embankment along the westerly bank thereof, and cleaning out the debris in the Mohawk river at the mouth of the said creek, and providing means for draining and protecting property in the vicinity of said creek in the eastern and southeastern part of the village of Herkimer, in the county of Herki. mer, from floods and overflow, to remedy the unsanitary condi

tion at said village, and making an appropriation therefor" (Na 2207), reported the same to the Senate, with amendments.

On motion of Mr. Higgins, and by unanimous consent, said bill was ordered reprinted and recommitted to the committee on

finance.

Mr. Brackett, from the committee on the judiciary, to which was referred the bill introduced by Mr. Elsberg, Int. No. 721, entitled “ An act to amend chapter 909 of the Laws of 1896, entitled 'An act in relation to the elections, constituting chapter 6 of the general laws,' and the several acts amendatory thereof” (No. 921); reported the same with amendments.

On motion of Mr. Stranahan, and by unanimous consent, said bill was ordered printed, and when printed to be recommitted to the committee on the judiciary.

Mr. Higgins, from the committee on finance, to which was referred the Assembly bill introduced by the committee on ways and means, Rec. No. 470, entitled “ An act making appropriations for certain expenses of government and supplying deficienties in former appropriations" (No. 1745), reported in favor of the passage of the same, with some amendments, 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. W. J. Sullivan, Rec. No. 405, entitled “ An act to authorize an extension of the boundaries of the city of Utica by annexing thereto a part of the town of New Hartford, and to provide for the government and disposition of the territory so annexed ” (No. 1748), reported in favor of the passage of the same, with some amend. ments, which report was agreed to.

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

Mr. Raines moved that the Senate do now adjourn.

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

Whereupon the Senate adjourned.

TUESDAY, APRIL 25, 1899.

, .

The Senate met pursuant to adjournment.

Prayer by Rev. Edwin P. Stevens.
The journal of yesterday was read and approved.

Mr. Elsberg introduced a bill entitled "An act providing for the relief of the taxpayers of the city of New York for the year 1899 (int. No. 1018), which was read the first time, and by unanimous consent was also lead the second time.

On motion of Mr. Elsberg, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and printed, and referred to the conmmittee on affairs of cities, retain ing its place on the order of third reading.

A message from the Governor, at the hands of his secretary, was received and read in the words following:

STATE OF NEW YORK, EXECUTIVE CHAMBER,

ALBANY, April 24, 1899. To the Senate:

I hereby nominate as a manager of the Buffalo State Hospital Sheldon E. Broadhead, of Jamestown, to succeed Frederick P. Hall, who has declined reappointment.

THEODORE ROOSEVELT.

Ordered, That said nomination be referred to the committee

on finance.

Also, the following:

STATÉ OF NEW YORK, EXECUTIVE CHAMBER,

ALBANY, April 24, 1899. To the Senate:

I hereby nominate as a manager of the Western House of Refuge for Women Sarah J. Fee, of Rochester, whose current torm of office as such manager is soon to expire.

THEODORE ROOSEVELT.

Ordered, That said nomination be referred to the committee

on finance.

Also, the following:

STATE OF NEW YORK, EXECUTIVE CHAMBER,

ALBANY, April 24, 1899. To the Senate:

I hereby nominate as managers of the House of Refuge for Women, at Hudson, Herbert E. Mills, of Poughkeepsie, to suc

ceed William E. Milbank, term of office expired, and Christian E. Herter, M.D., of New York county, to succeed Charles P. Cook, whose term of office is soon to expire.

THEODORE ROOSEVELT.

Ordered, That said nominations be referred to the committee on finance.

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Also, the following:

STATE OF NEW YORK, EXECUTIVE CHAMBER,

ALBANY, April 24, 1899. To the Legislature:

It appearing to my satisfaction that the public interest requires it;

Therefore, in accordance with the provisions of section 15 of article 3 of the Constitution, and by virtue of the authority thereby conferred upon me, I do hereby certify to the necessity of the immediate passage of Senate bill No. 1483, which is a reprint of Assembly bill No. 1745, entitled "An act making appropriations for certain expenses of government and supplying deficiencies in former appropriations.” (Rec. No. 470.) ) Given under my hand and the privy seal of the State at the

Capitol, in the city of Albany, this twenty-fifth day of [L. s.] April, in the year of our Lord one thousand eight hundred and ninety-nine.

THEODORE ROOSEVELT. By the Governor: WILLIAM J. YOUNG,

Secretary to the Governor.

.

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 necessity for the immediate passage of the same having been certified by the Governor in accordance with the provisions of section 15 of article 3 of the Constitution, 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 GA
Ambler Donnelly
Armstrong Douglas
Brackett Ellsworth

[SENATE JOURNAL.]

Grady
Graney
- Havens
Higgins

212

Marshall
Martin
McCarren
Mitchell

Rice
Sherwood
Stranahan
Sullivan

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