and referred to the committee on internal affairs of towns and counties.

"An act to release to Charles A. Engfer and Ottillia Engfer, his wife, the right, title and interest of the people of the State of New York to certain real estate situate in the city of Rochester, county of Monroe" (No. 332, Rec. No. 18), 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 make the office of sheriff of Washington county a salaried office, and regulating the management of said office" (No. 212, Rec. No. 19), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on internal affairs of towns and counties.

"An act to authorize the city of Syracuse to levy a tax to provide the means to defray the cost of constructing a steel girder bridge over Onondaga creek at its intersection with Seymour street, in the city of Syracuse" (No. 216, Rec. No. 20), 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 authorize the city of Syracuse to levy a tax to provide the means to defray the cost of constructing a steel girder bridge over Onondaga creek at its intersection with Temple street, in the city of Syracuse" (No. 215, Rec. No. 21), 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.

Mr. Mullin, from the committee on finance, to which was referred the bill introduced by Mr. Mullin, Int. No. 225, entitled "An act making an appropriation for the use of the health officer of the port of New York for the purpose of preventing the introduction of infectious and contagious diseases" (No. 232), reported in favor of the passage of the same, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. White, from the committee on printed and engrossed bills, reported as correctly printed the bills entitled as follows:

"An act to amend an act entitled 'An act to revise and amend an act entitled An act to incorporate the Young Men's Association of the city of Buffalo, passed March 3, 1837, and the acts amendatory thereof and supplementary thereto, and to change the name of said corporation,' passed May 15, 1886, and to extend the free public library facilities of the city of Buffalo, and to authorize the neces[SENATE JOURNAL.]

16

sary appropriations to meet the expenses thereof." (No. 236, Int. No. 229.)

"An act to amend section 18 of chapter 36 of the Laws of 1894, entitled 'An act to supply the city of Auburn with water'" (No. 159, Int. No. 159.)

"An act to amend the Insurance Law, relating to assessments by town and county co-operative insurance companies." (No. 77, Int. No. 77.)

"An act to amend the Real Property Law, relating to uses and trusts." (No. 104, Int. No. 104.)

“An act to confer jurisdiction upon the Board of Claims of the State of New York to hear, audit and determine the amount of the claim of Joseph Stickley, as administrator of the goods, chattels and credits of the estate of Alfred Stickley, deceased, against the State of New York, and to make an award thereon." (No. 123, Int. No. 123.)

The bill (No. 104) entitled "An act to amend the Real Property Law, relating to uses and trusts" (Int. No. 104), having been announced for a third reading,

On motion of Mr. Cantor, said bill was recommitted to the committee on the judiciary, retaining its place on the order of third reading.

The bill (No. 123) entitled "An act to confer jurisdiction upon the Board of Claims of the State of New York to hear, audit and determine the amount of the claim of Joseph Stickley, as administrator of the goods, chattels and credits of the estate of Alfred Stickley, deceased, against the State of New York, and to make an award thereon " (Int. No. 123), 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:

Ordered, That the Clerk deliver said bill to the Assembly, and

request their concurrence therein.

The bill No. 159 entitled "An act to amend section 18 of chapter 36 of the Laws of 1894, entitled 'An act to supply the city of Auburn with water'" (Int. No. 159), 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:

Ordered, That the Clerk deliver said bill to the Assembly, and

request their concurrence therein.

The bill (No. 77) entitled "An act to amend the Insurance Law, relating to assessments by town and county co-operative insurance companies" (Int. No. 77), 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:

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

The Assembly bill (No. 56) entitled "An act to reappropriate the unexpended balance of a former appropriation" (Rec. No. 5), 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:

Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate have concurred in the passage of the same. Mr. Lexow moved to take from the table the concurrent resolution in the words following:

Resolved (if the Assembly concur), That the time of the Greater New York Commissioners in which to make its report be extended twenty days.

Mr. Grady raised the point of order that there was no resolution legally on the table, that said resolution was received in the Senate upon a reassembling ordered under a motion, upon which 19 Senators

voted in the affirmative and two Senators in the negative, and was declared carried by the presiding officer, after the point of no quorum had been raised by the Senator from the 14th, and, therefore, it is not constitutionally or legally before the Senate.

The President decided the point of order not well taken.

Mr. Grady respectfully appealed from the decision of the chair. The President put the question "Shall the decision of the chair stand as the decision of the Senate?" and it was decided in the affirmative, as follows:

The President then put the question whether the Senate would agree to the motion of Mr. Lexow to take from the table said concurrent resolution, and it was determined in the affirmative.

Mr. Grady moved to amend by adding at the end of said resolution the words: "Provided, however, that the bill or bills by said commission reported to the Legislature shall not be considered (except by committee) by either Senate or Assembly until twenty days after being so reported."

The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows: