qualified from holding any position in said civil service on account of his age, nor by reason of any physical disability, provided such disability does not render him incompetent to perform the duties of the position applied for," and it was decided in the affirmative, as follows:

Mr. Daggett moved to recommit said bill with instructions to strike out in section 2 the words "having a population of twenty thousand or over, as shown by the last census."

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

Mr. Ellsworth, from the committee on the judiciary, reported back

said bill amended pursuant to instructions.

Said bill, as amended, was then read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, 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, with amendments.

Mr. McCarthy moved that when the Senate adjourns, it be until Monday evening at eight o'clock.

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

Mr. Ellsworth moved to reconsider the vote by which the Senate bill, No. 248, entitled "An act to amend an act entitled 'An act for the preservation of moose, wild deer, birds, fish and other game,' passed June 20, 1879," was passed, and that said motion be laid upon the table.

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

The Senate in open executive session confirmed the nomination of certain persons as notaries public, after which legislative business was resumed.

The Assembly sent for concurrence the following entitled bill : "An act to amend chapter 326 of the Laws of 1881, entitled 'An act to amend chapter 318 of the Laws of 1880, entitled An act to amend chapter 410 of the Laws of 1878, entitled An act to improve Flushing avenue, Long Island City," which was read the first time, and by unanimous consent was also read the second time, and,

On motion of Mr. Otis, and by unanimous consent, the rules were suspended, and said bill read the third time.

The President put the question whether the Senate would agree to the final passage of said bill, 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. A message was received from the Assembly in the words following:

IN ASSEMBLY, May 2, 1884.

Pursuant to concurrent resolution of the Senate and Assembly, the Governor returned the bill entitled "An act to amend an act entitled 'An act to amend the charter of the village of Carthage, Jefferson county."

The vote upon the final passage of the said bill having been reconsidered, on motion of Mr. Husted, and by unanimous consent, the same was amended as follows:

Section 1, line 2, strike out the word "fourth" and insert in lieu thereof the word "eleventh."

Same section, line 5, after the words "as follows," insert "§ 11."

And as amended, passed and ordered to be sent to the Senate for

concurrence.

By order,

CHARLES A. CHICKERING, Clerk.

The President put the question whether the Senate would agree to reconsider the vote by which said bill was passed, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, as follows:

The President then put the question whether the Senate would concur in said amendments, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, and threefifths 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, as amended.

A message was received from the Assembly in the words following:

Pursuant to a concurrent resolution of the Senate and Assembly, the Governor returned the bill entitled "An act to amend an act entitled 'An act to further amend chapter 143 of the Laws of 1861, entitled An act to amend and consolidate the several acts in relation to the charter of the city of Rochester, and to consolidate therewith the several acts in relation to the charter of said city,' passed February 19,

1880."

The vote upon the final passage of the said bill having been reconsidered, on motion of Mr. Pratt, and by unanimous consent, the same was amended as follows:

Strike out the first nine lines of section 1, and insert in lieu thereof the following:

SECTION 1. Section 137 of the charter of the city of Rochester, as contained in chapter 14 of the Laws of 1880, is hereby amended so as to read as follows:

Strike out lines 1 and 2 of section 2, and insert in lieu thereof the following:

§ 2. Section 160 of the charter of the city of Rochester, as contained in chapter 14 of the Laws of 1880, is hereby amended so as to read as follows:

Strike out, lines 1 and 2 of section 3, and insert in lieu thereof the following:

§ 3. Section 254 of the charter of the city of Rochester, as contained in chapter 14 of the Laws of 1880, is hereby amended so as to read as follows:

Amend the title so as to read as follows:

"An act to amend the charter of the city of Rochester, as contained in chapter 14 of the Laws of 1880."

And as amended, passed and ordered to be sent to the Senate for

concurrence.

By order,

CHARLES A. CHICKERING, Clerk.

The President put the question whether the Senate would agree to reconsider the vote by which said bill was passed, and it was decided in the affirmative, a majority of all the Senators elected voting in favor thereof, as follows:

The President then put the question whether the Senate would concur in said amendments, 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, as amended.

The Assembly returned the Senate bill entitled "An act to regulate the defense of suicide by life insurance companies in cases of insanity," with a message that they had passed the same with the following amendments:

Section 1, line 4, after the word "where," strike out all down to and including the word "and," in line 6.

Same section, line 7, strike out the word "said" and insert in lieu thereof the word "the."

Same line, after the word "act," insert the words "causing death." The President then put the question whether the Senate would concur in said amendments, 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 their amendments.

Mr. Cullen 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. 128, entitled "An act to provide for the proper removal of stable manure from the city of New York," for the purposes 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.

Mr. Low introduced a bill entitled "An act in relation to the employment of persons confined in the prisons, reformatories, houses of refuge and penitentiaries in this State," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on State prisons and ordered printed.

Mr. Low introduced a bill entitled "An act to amend section 5 of chapter 425 of the Laws of 1855, entitled 'An act to facilitate the forming of agricultural and horticultural societies,' as amended by section 1 of chapter 116 of the Laws of 1872," which was read the first time, and by unanimous consent was also read the second time, and,

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

Mr. Gilbert introduced a bill entitled "An act to amend chapter 354 of the Laws of 1883, entitled 'An act to regulate and improve the civil service of the State of New York," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary and ordered printed.

Mr. Coggeshall introduced a bill entitled "An act to amend chapter 446 of the Laws of 1874, entitled An act to revise and consolidate the statutes of the State relating to the care and custody of the insane, the management of the asylums for their treatment and safe-keeping, and the duties of the State Commissioner in Lunacy," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

Mr. Comstock offered the following:

Resolved, That Assembly bill No. 757, entitled "An act to amend chapter 328 of the Laws of 1880, entitled 'An act to establish and maintain a police force in the city of Troy,' and the several acts amendatory thereof and supplementary thereto," be recommitted to the committee on cities, retaining its place on the order of third reading.

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

Mr. Coggeshall, from the committee on miscellaneous corporations, to which was referred the Assembly bill entitled "An act to provide for the labeling of any barrel, keg, cask, bottle or other vessel containing fermented liquors and to prevent the adulteration of the same," reported in favor of the passage of the same (Senator Jacobs dissenting),