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in the United States service for the war with Spain, during such service" (No. 2352, Rec. No. 701), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on finance.

“An act to define the size of certain fruit packages” (No. 2318, Rec. No. 702), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on codes.

"An act to repeal chapter 325 of the Laws of 1898, entitled 'An act to prevent the application of poison to fruit trees while in blossom '" (No. 2175, Rec. No. 703), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on agriculture.

"An act to repeal chapter 68 of the Laws of 1896, entitled 'An act to authorize the supervisors of Niagara county to appoint sidepath commissioners ito tax cycles and to expend the money raised thereby in the construction of sidepaths for cycles' and also chapter 607 of the Lawis of 1897 amendatory thereof” (No. 2327, Rec. No. 704), which was read the first time, and by linanimous consent was also read the second time.

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

"An act to amend section 812 of the Code of Civil Procedure, relative to bonds and undertakings” (No. 2344, Rec. No. 705), which was read the first time, and by unanimous consent, was

also read the second time.

On motion of Mr. Elsberg, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading, and referred to the committee on codes, retaining its place on the order of third reading.

"An act to exempt the real estate held in trust for the religious and charitable purposes of the Salvation Army from taxation.” (No. 2328, Rec. No. 706), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on taxation and retrenchment. “An act to levy an assessment for the cost and expense of con[SENATE JOURNAL.]

209

structing an improvement and pavement in, upon and through Lake View park, in the city of Rochester, upon property benefited thereby” (No. 2383, Rec. No. 707), which was read the first time, and by unanimous consent was also read the second time.

Mr. Armstrong moved that said bill be substituted for Senate bill No. 1429, Int. No. 1004, of the same title, now on 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.

“An act for the relief of the village of Ardsley, in the town of Greenburgh, Westchester county” (No. 2401, Rec. No. 708), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Graney, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading, and referred to the committee on affairs of villages, retaining its place on the order of third reading.

"An act to provide for the construction of a swing bridge over Black Rock harbor, at Ferry street, in the city of Buffalo, and making an appropriation therefor" (No. 2397, Reç. No. 709), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. G. A. Davis, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading, and referred to the committee on finance, retaining its place on the order of third reading.

An act to provide for clearing out and improving the channel of the West Canada creek and building a dyke and embankment along the westerly bank thereof, and clearing out the debris in the Mohawk river at the inouth of the said creek, and providing means for draining and protecting property in the vicinity of said creek in the eastern and southeastern part of the village of Herkimer, in the county of Herkimer, from floods and overflow, to remedy the unsanitary condition at said village, and making an appropriation therefor” (No. 2207, Rec. No. 710), which was read the first time, and by unanimous consent was also read the second time.

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On motion of Mr. Feeter, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and referred to the committee on finance, retaining its place on the order of third reading.

An act to amend section 722 of chapter 378 of the Laws of 1897, entitled 'An act to unite into one municipality under the corporate name of the city of New York, the various communities lying in and about New York harbor, including the city and county of New York, the city of Brooklyn and the county of Kings, the county of Richmond and part of the county of Queens, and to provide for the government thereof, relative to consolidation of fire departments and to volunteer departments in the city of New York” (No. 1393, Rec. No. 711), which was read the first time, and by unanimous consent was also read the second time.

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

An act to amend chapter 488 of the Laws of 1892, the title to which was. amended by chapter 395 of the Laws of 1895 to read: “An act relating to game, fish and wild animals and to the forest preserve and Adirondack park constituting chapter 31 of the general laws and to be known as the Fisheries, Game and Forest Law,' as amended by chapter 974 of the Laws of 1895, as amended by chapter 400 of the Laws of 1898, relative to catching certain fish through the ice in lakes and waters named " (No. 927, Rec. No. 712), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on forest, fish and game laws.

An act to amend chapter 488 of the Laws of 1892, the title to which was amended by chapter 395 of the Laws of 1895 to read: "An act relating to game, fish and wild animals and to the forest preserve and Adirondack park constituting chapter 31 of the general laws and to be known as the Fisheries, Game and Forest Law,' as amended by chapter 974 of the Laws of 1895, as amended by chapter 401 of the Laws of 1898, relative to fishing for, catching or killing fish in Lake Erie and Lake Ontario

.

(No. 926, Rec. No. 713), which was read the first time, and by
unanimous consent was also read the second time, and referred
to the committee on forest, fish and game laws.

“An act conferring upon the Board of Claims jurisdiction to
hear, audit and determine the alleged claim of Hiram R. Winney
against the State and to make an award therefor” (No. 2380,

, Rec. No. 714), 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 confer jurisdiction upon the Court of Claims to hear, audit and determine the alleged claim of John Stiert against the State of New York, for personal injuries caused as alleged by his being struck by a piece of oak hurled from a buzz saw, in the Capitol grounds in the city of Albany, New York, on or about the 16th day of June 1894, and render judgment therefor” (No. 2182, Rec. No. 715), 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 amend the State Charities Law by providing that a member of the State Board of Charities shall be a representative labor man" (No. 2395, Rec. No. 716), which was read the first time, and by unanimous consent, was also read the second

time.

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On motion of Mr. Grady, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading and referred to the committee on the judiciary, retaining its place on the order of third reading.

"An act to amend chapter 184 of the Laws of 1899, entitled 'An act to amend section 674-a of the Penal Code, in relation to unauthorized wearing the badge or the button of the Grand Army of the Republic'» (No. 2297, Rec. No. 717), which was read the first time, and by unanimous consent was also read the second

time.

On motion of Mr. D. F. Davis, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading, and referred to the committee on codes, retaining its place on the order of third reading.

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“An act to amend the charter of the city of Rochester, relating to condemnation proceedings” (No. 2388, Rec. No. 718), 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 amend section 1770 of the Code of Civil Procedure, in relation to what is deemed a counterclaim” (No. 2189, Rec. No. 719), which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on

codes.

"An act to amend chapter 635 of the Laws of 1895, entitled 'An act to revise the charter of the city of Yonkers'" (No. 2381, Rec. No. 720), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Graney, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading, and referred to the committee on affairs of cities, retaining its place on the order of third reading.

"An act to enable the commissioners of the police department of the city of New York to rehear and determine the charges against William L. Markell, a policeman of the city of New York, for reinstatement in said department” (No. 2324, Rec. No. 721), which was read the first time, and by unanimous consent was also read the second time.

On motion of Mr. Elsberg, and by unanimous consent, the rules were suspended, and said bill ordered to a third reading, and referred to the committee on affairs of cities, retaining its place on the order of third reading.

"An act to amend chapter 220 of the Laws of 1866, entitled 'An act to amend the charter of the village of Saratoga Springs and the several acts amendatory thereof,' passed March 26, 1866" (No. 2376, Rec. No. 722), which was read the first time, and by unanimous consent was also read the second time.

Mr. Brackett moved that said bill be substituted for Senate bill

No. 2376, Int. No. 722, of the same title, now on the order of third reading

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