on codes, with instructions to said committee to report the same forthwith, amended as follows:

Strike out all after the enacting clause and insert Senate bill Reprint No. 1389, the title being amended to read as follows: "An act to amend the Code of Civil Procedure, in relation to costs and fees."

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

Mr. Brackett, from the committee on codes, reported said bill amended as directed, and the same was ordered reprinted and placed on the order of third reading.

The Senate bill (No. 1039, Int. No. 611) entitled "An act to amend chapter five hundred and seventy-two of the Laws of nineteen hundred and two, entitled 'An act to revise and amend the act to incorporate the city of Middletown and the acts amendatory thereof,' generally," having been announced for third reading, Mr. Rose moved that said bill be recommitted to the committee on affairs of cities.

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

Pursuant to notice heretofore given, Mr. Newcomb moved to suspend Senate rules numbered 1, 4, 8, 11, 14, 16, 18, 22, 31 and 44 for the purpose of reading, passing and transmitting to the Assembly out of its regular order the Senate bill (No. 1349, Int. No. 1075), entitled "An act to prescribe the method by which and the terms and conditions under which shall be determined the amount of any debt incurred by the city of New York for any rapid transit or dock investment prior to the first day of January, nineteen hundred and ten, which may be excluded in ascertaining the power of the city of New York to become otherwise indebted, pursuant to the provisions of section ten of article eight of the Constitution, and to confer jurisdiction on the Appellate Division of the Supreme Court in the first judicial department to determine the amount of any debt to be so excluded."

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

Mr. Newcomb moved that said bill be recommitted to the com

mittee on affairs of cities, with instructions to said committee to report the same forthwith, amended as follows:

Page 3, section 4, line 12, strike out the words "any taxpayer, any owner" and insert in place thereof the following: ", parties in interest, including taxpayers and owners or holders".

Page 4, line 2, strike out the word "print".

Page 4, line 2, strike out the words in lines 2 and 3 "practice in the case of enumerated motions," and insert in place thereof the words "directions of the Appellate Division".

Page 5, line 7, at the end of the paragraph add an "s" to the word "purpose" before the period "

66.99

Page 5, lines 11, 12, 13 and 14, strike out beginning with the word "including" and ending with the word " thereof”.

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

Mr. Hinman, from the committee on affairs of cities, reported said bill amended as directed.

Said bill, as amended, was 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, 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:

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

Mr. Cobb moved that the committee of the whole be discharged from the consideration of Assembly bill (No. 1571, Rec. No. 383), entitled "An act to amend the Forest, Fish and Game law, in relation to the waters and territory comprising the Saint Lawrence reservation."

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

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

Mr. Cobb moved that the committee of the whole be discharged from the consideration of Assembly bill (No. 1824, Rec. No. 422), entitled "An act to amend the Public Lands Law, in relation to notice of discovery of mines."

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

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

Mr. Grady moved that the committee of the whole be discharged from the consideration of Senate bill (No. 1347, Int. No. 990), entitled "An act to amend the General Business Law, relative to employment agencies," and that said bill be recommitted to the committee on the judiciary, retaining its place in the committee of the whole.

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

Mr. Harte moved that the committee on railroads be discharged from the consideration of Senate bill (No. 1236, Int. No. 1011) entitled "An act to amend the Railroad Law so as to provide for the transfer of property when the existence of a railroad corporation ceases," and that said bill be amended, reprinted and recommitted to the committee on railroads.

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

Mr. Hinman moved that the committee of the whole be discharged from the consideration of Assembly bill (No. 693, Rec. No. 164), entitled "An act to amend the Town Law, in relation to meeting of town board for auditing accounts."

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

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

Mr. Heacock moved that the committee of the whole be discharged from the consideration of Assembly bill (No. 2144, Rec. No. 588) entitled "An act for the relief of the town of Johnstown, in the county of Fulton."

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

On motion of Mr. Heacock, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading. Mr. Meade offered the following:

Resolved (if the Assembly concur), That a respectful message be sent to the Governor, requesting the return to the Senate of the Senate bill (No. 399, Int. No. 386), entitled "An act to amend chapter seven hundred and fifty-five of the Laws of nineteen hundred and seven, entitled 'An act constituting the charter of the city of Rochester,' in relation to the fire pension fund," 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 deliver said resolution to the Assembly and request their concurrence therein.

The Assembly returned the above resolution, with a message that they have concurred in the passage of the same.

Ordered, That the Clerk deliver said resolution to the Governor. Mr. Hill offered the following:

Resolved (if the Assembly concur), That a respectful message be sent to the Governor, requesting the return to the Senate of the Senate bill (No. 967, Int. No. 858), entitled "An act to amend chapter one hundred and ninety-five of the Laws of nineteen hundred and eight, entitled 'An act to repeal chapter three hundred and thirty-five of the Laws of nineteen hundred and four, entitled "An act providing for the appraisal of lands, structures and waters for the use of the improved canals as authorized by chapter one hundred and forty-seven of the Laws of nineteen hundred and three," and authorizing the appointment of a special examiner and appraiser by the Governor, and fixing his compensation,' in relation to the procedure for payment of awards," 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 deliver said resolution to the Assembly and request their concurrence therein.

The Assembly returned the above resolution, with a message that they have concurred in the passage of the same.

Ordered, That the Clerk deliver said resolution to the Governor. Mr. Hill offered the following:

Resolved (if the Assembly concur), That a respectful message be sent to the Governor, requesting the return to the Senate of the Senate bill (No. 944, Int. No. 110), entitled "An act providing for the construction of buildings and improvements for the New York State Training School for Boys, and making an appropriation therefor," 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 deliver said resolution to the Assembly and request their concurrence therein.

The Assembly returned the above resolution, with a message that they have concurred in the passage of the same.

Ordered, That the Clerk deliver said resolution to the Governor. Mr. Schlosser offered the following:

Resolved (if the Assembly concur), That a respectful message be sent to the Governor, requesting the return to the Senate of Senate bill (No. 212, Int. No. 210), entitled "An act to authorize the Superintendent of the Insurance Department to disburse the moneys collected by him under the provisions of chapter five hundred and thirty of the Laws of nineteen hundred and three, which were repealed by chapter two hundred and six of the Laws of nineteen hundred and nine," 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 deliver said resolution to the Assembly and request their concurrence therein.

The Assembly returned the above resolution, with a message that they have concurred in the passage of the same.

Ordered, That the Clerk deliver said resolution to the Governor. The Assembly returned the Senate bill (No. 765, Int. No. 711) entitled "An act to amend chapter seven hundred and fifty-five of the Laws of nineteen hundred and seven, entitled 'An act constituting the charter of the city of Rochester,' in relation to salaries," 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