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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate has concurred in the passage of the same. The Assembly bill (No. 965, Assembly reprint No. 1801, Int. No. 638) entitled "An act to amend the Code of Criminal Procedure, in relation to fees for copy of testimony furnished to the district attorney of Monroe and Ulster counties, with a message that they have concurred in the passage of the same with the following amendments:

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In the title strike out the words "county, New York" and insert in place thereof the words "and Ulster counties'.

Page 2, line 23, enclose in brackets the word "county" and after the closing bracket insert in italics the following "counties". Page 2, line 23, after the word "orange" and before the comma insert in italics the following "and Ulster".

Mr. Whitley moved that the Senate concur in said amendments. The President put the question whether the Senate would concur in said amendments, and it was decided in the affirmative.

The President put the question whether the Senate would agree to the final passage of said bill as amended, 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 the Senators elected voting in favor thereof, and three-fifths being present, as follows:

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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate has concurred in the amendments thereto. The Assembly returned the bill (No. 808, Assembly reprint No. 1682, Int. No. 534) entitled "An act to amend chapter six hundred and thirty-nine of the Laws of nineteen hundred, entitled 'An act to make the office of supervisor in the county of Monroe a salaried office and to regulate the services of the board of supervisors in said county,' in relation to fees and compensation of supervisors in such county for paying out moneys, "with a message that they have concurred in the passage of the same with the following amendments:

Page 2, line 13, after "law" strike out the remainder of the line and insert in italics "such fees and allowances as”,

Page 2, line 14, strike out "amount of which".

Page 2, line 21, strike out "act" and insert in italics "section as amended".

Mr. Whitley moved that the Senate concur in said amendments. The President put the question whether the Senate would concur in said amendments, and it was decided in the affirmative.

The President put the question whether the Senate would agree to the final passage of said bill as amended, 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:

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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate has concurred in the amendments thereto.

The Assembly returned the bill (No. 404, Assembly reprint No. 1681, Int. No. 201) entitled "An act to amend the Town Law, in relation to compensation of employees of certain towns," with a message that they have concurred in the passage of the same with the following amendments:

Page 1, line 9, inclose "and" in brackets and insert in italics "in respect to a particular subject or matter or".

Page 1, line 9, strike out the bracket before "give".

Page 2, line 1, inclose "actions" in brackets and insert in italics "action".

Page 2, line 2, inclose "proceedings" in brackets and insert in italics "proceeding".

Page 2, line 4, strike out the bracket and insert in italics after the period "The town board of any town in Monroe county may employ an attorney and counselor at law, at an annual salary to be fixed by the board and which shall be a town charge, to". Page 2, line 5, strike out the comma after "thereof" and balance of line.

Page 2, line 6, strike out down to the period.

Page 2, line 6, strike out "may" and insert "shall" after board.

Mr. Whitley moved that the Senate concur in said amendments. The President put the question whether the Senate would concur in said amendments, and it was decided in the affirmative. The President put the question whether the Senate would agree

to the final passage of said bill as amended, 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:

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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate has concurred in the amendments thereto.

The Assembly returned the bill (No. 12, Assembly reprint No. 2043, Int. No. 12) entitled "An act to amend the Highway Law, in relation to the service of process upon nonresidents operating motor vehicles within the State," with a message that they have concurred in the passage of the same with the following amendments:

Amend Senate bill printed number 12, as follows:

Page 1, line 4, strike out "a" and insert "two" and add "s" to "section" twice appearing.

Page 1, line 5, before the comma insert "and section two hundred and eighty-five-b".

Page 2, between lines 17 and 18, insert:

"§ 285-b. Security for costs. The plaintiff in an action brought as prescribed in the preceding section may be required, in the manner prescribed in article eighty-seven of the civil practice act in the case of an action brought in this State by a nonresident thereof, to execute to the defendant security in the sum of two hundred and fifty dollars for the payment of all costs that may be awarded against such plaintiff in the action, and the attorney for the plaintiff in such action against a nonresident defendant shall be liable to the defendant for his costs in the action to an amount not exceeding one hundred dollars unless and until such security shall be given."

Mr. Fearon moved that the Senate concur in said amendments. The President put the question whether the Senate would concur in said amendments, and it was decided in the affirmative.

The President put the question whether the Senate would agree to the final passage of said bill as amended, 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:

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Ordered, That the Clerk return said bill to the Assembly, with a message that the Senate has concurred in the amendments thereto. The Assembly sent for concurrence a resolution in the words following:

Resolved (if the Senate concur), That a respectful message be sent to the Governor, requesting the return to the Assembly of Assembly bill (No. 1517, Rec. No. 330) entitled "An act to amend the Public Health Law, in relation to requiring asylums, almshouses, hospitals, orphanages and schools in cities, villages, towns and fire districts having a central fire alarm station, to be equipped with fire alarm boxes," 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 return said resolution to the Assembly, with the message that the Senate has concurred in the passage of the same.

The Assembly sent for concurrence a resolution in the words following:

Resolved (if the Senate concur), That a respectful message be sent to the Governor, requesting the return to the Assembly of Assembly bill (No. 1635, Rec. No. 272) entitled "An act to amend the Village Law, in relation to restrictions on right of village to sell property for unpaid taxes, for the purpose of amendment.

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

Ordered, That the Clerk return said resolution to the Assembly, with the message that the Senate has concurred in the passage of the same.

Mr. Thompson, from the committee on conservation, to which was referred the Senate bill introduced by Mr. J. F. Williams (No. 154, Int. No. 154) entitled "An act to amend the Conservation Law, in relation to special licenses to take deer," reported in favor of the passage of the same with amendments, which report was agreed to.

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

Mr. Thompson, from the committee on conservation, to which was referred the Senate bill introduced by Mr. Hewitt (No. 1783, Int. No. 1375) entitled "An act to amend the Conservation Law,

relative to the Cuba reservation," reported in favor of the passage of the same, which report was agreed to.

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

Mr. Westall, from the committee on internal affairs of towns, counties and public highways, to which was referred the Senate. bill introduced by Mr..Hickey (No. 1317, Int. No. 1036) entitled "An act to amend chapter one hundred and thirty-five of the Laws of eighteen hundred and eighty-four, entitled 'An act providing for the better collection of taxes in the county of Erie; for the sale of the transfer thereof of lands in said county for unpaid taxes and regulating the compensation of said treasurer,' in relation to publication of list of unpaid taxes and cost of such publication,' reported in favor of the passage of the same with amendments, which report was agreed to and said bill ordered reprinted and committed to the committee of the whole.

Mr. Westall, from the committee on internal affairs of towns, counties and public highways, to which was referred the Senate bill introduced by Mr. Hickey (No. 1744, Int. No. 1440) entitled. "An act to authorize the board of supervisors of the county of Erie to acquire the special franchise rights and easements of the Erie County Traction Company in the county of Erie outside the city of Buffalo, and to issue county bonds therefor," reported in favor of the passage of the same, which report was agreed to and said bill committed to the committee of the whole.

Mr. Westall, from the committee on internal affairs of towns, counties and public highways, to which was referred the Senate bill introduced by Mr. Thompson (No. 1766, Int. No. 1449) entitled "An act to change a portion of the boundary line between the city of New York and the town of Hempstead along Hook creek and at the head of bay at Far Rockaway," reported in favor of the passage of the same, which report was agreed to and said bill committed to the committee of the whole.

Mr. Westall, from the committee on internal affairs of towns, counties and public highways, to which was referred the Senate bill introduced by Mr. Wales (No. 1257, Int. No. 1101) entitled "An act to amend the Highway Law, in relation to payments for rights of way for county roads," reported in favor of the passage of the same, which report was agreed to and said bill committed to the committee of the whole.

Mr. Westall, from the committee on internal affairs of towns, counties and public highways, to which was referred the Assembly bill introduced by Mr. Whitcomb (No. 1259, Rec. No. 310) entitled "An act to amend the Highway Law, in relation to liability of municipalities for the negligent operation of vehicles owned by the municipality," reported in favor of the passage of the same, which report was agreed to and said bill committed to the committee of the whole.

Mr. Westall, from the committee on internal affairs of towns, counties and public highways, to which was referred the Assembly [SENATE JOURNAL] 115

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