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

Pursuant to notice heretofore given, Mr. Byrne moved to suspend Senate rules numbered 1, 4, 8, 9, 11, 14, 18, 19, 22, 30 and 43 for the purpose of reading, passing and transmitting to the Assembly out of its regular order Senate bill (No. 213, Int. No. 205) entitled 'An act to amend the Civil Practice Act, in relation to procedure in granting an injunction in an industrial dispute, and the Judiciary Law, in relation to a jury trial in such proceedings.'

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

Mr. Byrne moved to reconsider the vote by which the said motion was lost and the same to lay upon the table.

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. Russell moved to suspend Senate rules numbered 1, 4, 8, 9, 11, 14, 18, 19, 22, 30 and 43 for the purpose of reading, passing and transmitting to the Assembly out of its regular order the Senate bill (No. 727, Int. No. 667) entitled "An act to repeal chapter five hundred and twenty-eight of the Laws of nineteen hundred and twenty-seven, entitled 'An act to amend chapter six hundred and sixty-three of the Laws of nineteen hundred and twenty-six, entitled "An act authorizing the purchase by Mount Hope cemetery of lands in Kings county, New York, for cemetery purposes," in relation to the boundaries of such cemetery.

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

Pursuant to notice heretofore given, Mr. Schackno moved to suspend Senate rules numbered 1, 4, 8, 9, 11, 14, 28, 19, 22, 30 and 43 for the purpose of reading, passing and transmitting to the Assembly out of its regular order the Senate bill (No. 223, Int. No. 214) entitled "An act to amend the Greater New York charter, in relation to the use of the proceeds of corporate stock and serial bonds.' The President put the question whether the Senate would agree to said motion, and it was decided in the negative, as follows:

Pursuant to notice heretofore given, Mr. Downing moved to suspend Senate rules numbered 1, 4, 8, 9, 11, 14, 18, 19, 22, 30 and 43 for the purpose of reading, passing and transmitting to the Assembly out of its regular order the Senate bill (No. 272, Int. No. 256) entitled "Concurrent resolution of the Senate and Assembly proposing an amendment to section one of article four of the Constitution, in relation to the term of office of the Governor."

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

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Freiberg Mr. Dunnigan moved to take from the table the motion to reconsider the vote by which Assembly bill (No. 2113, Rec. No. 466) entitled "An act to confer jurisdiction on the Court of Claims to hear, audit and determine the claim of Colonel Frank H. Hines for counsel fees and expenses incurred by him before an examin

ing board of the National Guard to determine his fitness, and to render judgment therefor," was lost.

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

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

Said Assembly bill 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 has concurred in the passage of the same. Mr. Wales moved to take from the table the motion to reconsider the vote by which Senate bill (No. 1774, Int. No. 1456) entitled "Concurrent resolution of the Senate and Assembly proposing an amendment to section two of article one of the Constitution, in relation to trial by jury," was lost.

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

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

The Senate bill (No. 1774, Int. No. 1456) entitled Concurrent resolution of the Senate and Assembly, proposing an amendment to section two of article one of the Constitution, in relation to trial by jury."

Section 1. Resolved (if the Assembly concur), That section two of article one of the constitution be amended to read as follows:

§ 2. The trial by jury in all cases in which it has been heretofore used shall remain inviolate forever; but a jury trial may be waived by the parties in any case, civil or criminal, except where the crime charged is or may be punishable by death, in the manner to be prescribed by law.

§ 2. Resolved (if the Assembly concur), That the foregoing amendment be referred to the legislature to be chosen at the next general election of Senators, and in conformity with section one of article fourteen of the Constitution be published for three months previous to the time of such election, was again read.

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 its concurrence therein.

The Senate bill (No. 1907, Int. No. 1516) entitled "An act making an appropriation to provide for the payment of a fine and forfeiture imposed on the warden of Auburn State Prison in connection with legal proceedings relating to the discharge from such prison of one Sabatino, and for expenses of such warden in connection therewith," having been announced for third reading,

Mr. Hewitt moved that said bill be recommitted to the committee on finance, with instructions to said committee to amend and report the same forthwith to be reprinted as amended and restored to its place in the order of third reading.

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

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

The Senate bill (No. 762, Int. No. 700) entitled "An act to amend section seventeen hundred and nine of the Greater New York charter, in relation to privileges and benefits upon discontinuance of service by members of the New York City Employees' Retirement System," having been announced for third reading, Mr. Burchill moved that said bill be recommitted to the committee on pensions.

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

The Senate bill (No. 1937, Int. No. 1530) entitled "An act making appropriations for the Department of Correction in addition of those made by chapter seventy-five of the Laws of nineteen hundred and twenty-eight," having been announced for third reading, Mr. Hewitt moved that said bill be recommitted to the committee on finance, with instructions to said committee to amend and report the same forthwith to be reprinted as amended and restored to its place in the order of third reading.

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

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

Said Senate 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

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

The Assembly bill (No. 2115, Rec. No. 389) entitled "An act to amend the Education Law, in relation to assessment for school