the action, suit, or special proceeding is pending; or where a notice has been given, or any other proceeding has been taken, for the purpose of taking the testimony, within the state, pursuant to the laws of the state or country, wherein the court is located, or pursuant to the laws of the United States, if it is a court of the United States; the commission, notice, or other paper, authorizing the testimony to be taken, may be presented, in behalf of the party desiring to obtain it to a justice of the supreme court, or a county judge with proof, by affidavit, that the testimony of the witness is material to the party. The judge must in a proper case thereupon issue a subpoena to the witness, commanding him to appear before the commissioner, named in the commission; or before a commissioner, within the state, for the state, territory, or foreign country, in which the notice was given, or the proceeding taken; or before the officer designated in the commission, notice, or other paper, by his title of office; at a time and place specified in the subpoena, to testify, and, when required, to produce books and papers in the action, suit, or special proceeding.

§ 3. Section nine hundred and nineteen of the code of civil procedure is hereby amended so as to read as follows:

§ 919. Taking and return of deposition. The officer, or commissioner, before whom a witness appears, in a case specified in this article, must take down his testimony, in writing, and must annex thereto copies of all books and papers produced or such parts thereof as shall be required and must certify and transmit it to the court in which the action, suit, or special proceeding is pending, as the practice of that court requires.

§ 4. Section nine hundred and twenty of the code of civil procedure is hereby amended so as to read as follows:

§ 920. Penalty for not appearing.-A person, who fails to appear, at the time and place specified in a subpoena, issued as prescribed in this article, and duly served upon him; or to testify; or to subscribe to his deposition, when correctly taken down or otherwise to obey a subpoena unless relieved therefrom by an order of the court is liable to penalties, which would be incurred in a like case, if he was subpoenaed to attend the trial of an action before the judge or justice who issued the subpoena [in a justice's court; and, for that purpose, the officer, before whom he is required to appear, possesses all the powers of a justice of the peace upon a trial.1

§ 5. Sections nine hundred and seventeen and nine hundred and eighteen of the code of civil procedure are hereby repealed.

6. This act shall take effect September first, eighteen hundred and ninety-nine.

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

Mr. Malby, 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.

Mr. Stranahan offered the following:

Resolved, That the committee of the whole be discharged from the further consideration of Assembly bill No. 1114, entitled "An act to authorize the construction of a bridge over the East river, in the city of New York, and to provide for the use thereof by railroad companies, bicyclists, trucks, carriages and foot passengers" (Rec. No. 302), be recommitted to the committee on affairs of cities retaining its place on general orders.

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

Mr. Raines gave notice that at some future day he would move to suspend Senate rules Nos. 1, 4, 9, 12, 15, 19, 31 and 45, for the purpose of reading, passing and transmitting to the Assembly out of its order, Assembly bill No. 710, entitled "An act to amend title 5, of the Penal Code in relation to offenses against the Election Laws." (Rec. No. 418.)

Mr. Raines gave notice that at some future day he would move to suspend Senate rules Nos. 1, 4, 9, 12, 15, 19, 31 and 45, for the purpose of reading, passing and transmitting to the Assembly out of its order Assembly bill No. 1697, entitled "An act to establish a separate department of elections in the city of New York." (Rec. No. 408.)

Mr. Raines gave notice that at some future day he would move to suspend Senate rules Nos. 1, 4, 9, 12, 15, 19, 31 and 45, for the purpose of reading, passing and transmitting to the Assembly out of its order Senate bill No. 676, 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." (Int. No. 608.)

Mr. Raines gave notice that at some future day he would move to suspend Senate rules Nos. 1, 4, 9, 12, 15, 19, 31 and 45, for the purpose of reading, passing and transmitting to the Assembly out of its order Assembly bill No. 1 145, Senate reprint No. 1202, en[SENATE JOURNal.] 136

titled "An act to remove the police department in the city of New York from political control." (Rec. No. 398.)

Mr. Stranahan presented a memorial from the rapid transit railroad commissioners of the city of New York, which was laid upon the table and ordered printed.

(See Document.)

Mr. White offered the following:

Resolved, That the committee on the judiciary be discharged from the further consideration of Assembly bill No. 1822, entitled "An act to amend subdivision 7 of section 2 of chapter 179 of the Laws of 1898, entitled 'An act in relation to enrollment for political parties, primary elections, conventions, and political committees,' relative to the preparation of enrollment books by the custodian of primary records" (Rec. No. 448), and that the same be ordered to a third reading.

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

A communication from the Governor was received and read, in the words following:

To the Senate:

STATE OF NEW YORK-EXECUTIVE CHAMBER,
ALBANY, March 30, 1899.

Pursuant to concurrent resolution of the Senate and Assembly, herewith is returned for amendment, Senate bill No. 82, entitled "An act to amend chapter 905 of the Laws of 1896, entitled 'An act to incorporate the city of Watervliet,' as amended by chapter 759 of the Laws of 1897 and chapter 245 of the Laws of 1898, relative to the fire department." (Int. No. 82.)

THEODORE ROOSEVELT.

Mr. Douglas moved to reconsider the vote by which said bill was passed.

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, and three-fifths being present, as follows:

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

mittee on affairs of cities.

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

The bill (No. 725) entitled “An act to exempt from taxation certain real estate of the National Academy of Design, in the borough of Manhattan in the city of New York and to repeal chapter 324 of the Laws of 1866 and subdivision 3 of section 824 of chapter 410 of the Laws of 1882" (Int. No. 494), was returned by the mayor of the city of New York with a certificate that a public hearing had been duly held on said bill in pursuance of law, and that the mayor had not accepted the same.

Mr. Elsberg moved to reconsider the vote by which said bill was passed.

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, and three-fifths being present, as follows:

Mr. Elsberg moved that said bill be recommitted to the committee on taxation and retrenchment, with instructions to said committee to report the same forthwith amended as follows:

Page 2, line 4, after the word "a" insert the word "free."

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

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

The bill (No. 1185) entitled "An act to legalize, ratify and confirm the several acts, transactions and proceedings of the town board of the town of Tonawanda, and all other officials and their agents, in causing to be graded, drained, curbed and paved, the highway in said town, known as the Delaware road, between the city of Buffalo and the village of Tonawanda, so far as it relates to the issue of bonds under date of October 16, 1893, on account of said improvement and legalizing said bonds" (Int. No. 902), having been announced for a third reading,

On motion of Mr. Higgins, and by unanimous consent, said bill was amended as follows:

Page 2, line 17, strike out the words "and assessment."

Ordered, That said bill be reprinted.

Mr. G. A. Davis offered the following:

Resolved, That Senate bill No. 1147, entitled "An act to amend chapter 562 of the Laws of 1890, entitled 'An act to revise the charter of the village of Alden'" (Int. No. 888), be recommitted to the committee on affairs of villages, with instructions to said committee to report the same amended as follows:

Page 22, line 15, strike out the word "and" after the word trustees."

Page 25, line 20, insert the word "thereof " after the word "certificate."

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

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