Ordered, That the Clerk return said bill to the Assembly; with a message that the Senate had concurred in the passage of the same.

The Assembly returned the bill (No. 1399) entitled "An act to amend chapter 182 of the Laws of 1898, entitled 'An act for the government of cities of the second class"" (Int. No. 630), with a message that they have passed the same with the following amend

ments:

Page 10, line 1, strike out the word "before" and insert the word after."

Same page, line 7, strike out the word "next."

Page 12, line 19, after the word "thereon" insert the words "but this section shall not prevent the making of contracts for light or water for periods exceeding one year."

Page 19, line 26, strike out the words beginning with " any person" down to and including the words "the city" on page 20, line 4.

Page 23, line 19, strike out the words "real estate and franchises" and insert the word "property."

Same page, line 20, after the word "thereby" insert the words "which is described."

Page 24, line 4, after the first word, "of," insert the words "bonds or."

Same page, line 24, strike out the words "real estate and franchises" and insert the word "property."

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Same page, line 26, after the word "officers" insert the words upon the property described."

Page 30, line 24, strike out section 24.

Page 34, line 4, strike out the words "shall take effect;" also strike out the word "after" and insert the "after" and insert the words "provided

for in."

Same page, section 266, add the words "in cases where the assessors now in office were appointed there shall be elected at the first election held pursuant to this act two assessors for the term of two years and two for the term of four years.

Page 37, line 10, after the word "justice" insert the words "the clerk shall also have the power to issue and sign subpoenas, to

administer oaths to witnesses, to make and sign executions, commitments and certificates of conviction, and to certify to, and sign, copies thereof for the execution of any judgments rendered in police court, as police justice or as a court of special sessions.'

Page 41, line 24, insert the words "The park commission, in any city, which at the time this act takes effect, has a general park system which has not been completed by the purchase of lands according to plans heretofore prepared and adopted is continued. in office until January first, nineteen hundred and two, with all the powers and subject to all the duties, conferred and imposed upon such commission by the law creating such commission and the amendments thereto."

Page 42, line 1, amend section thirty-nine so as to read as follows:

"§ 39. Section eighty-one, one hundred and fifty, one hundred and fifty-one, one hundred and sixty-one, one hundred and sixty-two, one hundred and sixty-three, one hundred and sixty-four, two hundred and forty one, two hundred and forty-two, two hundred and fortythree, two hundred and forty-four, two hundred and forty-five, two hundred and forty-six, two hundred and forty-seven, two hundred and forty-eight, two hundred and forty-nine, two hundred and fifty, two hundred and fifty-one, two hundred and fifty-two, two hundred and sixty-three, two hundred and sixty-four, two hundred and sixtyfive, two hundred and seventy-five, two hundred and seventy-six, two hundred and seventy-seven, two hundred and seventy-eight, two hundred and seventy-nine, two hundred and eighty, two hundred and eighty-one, two hundred and eighty-two, two hundred and eighty-three, two hundred and ninety-four, two hundred and ninetyfive, two hundred and ninety-six, two hundred and ninety seven, two hundred and ninety-eight, two hundred and ninety nine, three hundred and eight, three hundred and nine, three hundred and ten, three hundred and eleven, three hundred and twelve, three hundred and twenty-two, three hundred and twenty-three, three hundred and twenty-four, three hundred and twenty-five, three hundred and twenty-six, three hundred and twenty-seven, three hundred and twenty-eight, three hundred and twenty-nine, three hundred and thirty, three hundred and fifty-seven to three hundred and seventy-six, both inclusive, three hundred and seventy eight, three hundred and seventy-nine, three hundred and eighty and three hundred and eighty one of chapter one hundred and eighty-two of the laws of eighteen hundred and ninety eight, are hereby repealed."

Section 122 of said chapter is hereby amended by adding at the end thereof the words "neither the principal nor sureties on any bid or bond, shall have the right to withdraw or cancel the same until the board shall have let the contract for which such bid is made and the same shall have been duly executed."

Section 394 of said chapter is hereby amended by changing the period after the word "procedure" at the end of the paragraph to a comina, and adding to the section the words "and the police jus

tice, or other officer acting in his place, shall have power to impose any sentence, punishment, fine, imprisonment, or both, as it is provided in such cases by the provisions of the penal code or by special statutes of the state.'

Renumber sections of bill to correspond with these amendments.

A message from the Governor, by the hands of his secretary, was received and read in the words following:

STATE OF NEW YORK- EXECUTIVE CHAMBER.

To the Legislature:

It appearing to my satisfaction that the public interest requires it; Therefore, in accordance with the provisions of section 15 of article 3 of the Constitution, and by virtue of the authority thereby conferred upon me, I do hereby certify to the necessity of the immediate passage of Senate bill (No. 1399, Assembly reprint No. 2450) entitled “An act to amend chapter 182 of the Laws of 1898, entitled 'An act for the government of cities of the second class'" (Int. No. 630).

Given under my hand and the privy seal of the State at the Capitol in the city of Albany this twenty-seventh day of April, in the year of our Lord one thousand eight hundred and ninety-nine.

[L. S.]

By the Governor :

WILLIAM J. YOUNGS,

THEODORE ROOSEVELT.

Secretary to the Governor.

Mr. White moved that the Senate concur in said amendments. The President put the question whether the Senate would concur in said amendments, the necessity for the immediate passage of said bill having been certified by the Governor, pursuant to the provisions of section 15, of article 3 of the Constitution, 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. Malby, from the committee on codes, to which was referred the Assembly bill introduced by Mr. Apgar, Rec. No. 611, entitled "An act to amend the Code of Civil Procedure, relative to the fees of constables and deputy sheriffs" (No. 2257), reported in favor of the passage of the same, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. Malby, from the committee on codes, to which was referred the Assembly bil! introduced by Mr. Brown, Rec. No. 613, entitled "An act to amend section 3314 of the Code of Civil Procedure, relative to the fees of jurors" (No. 2219), reported in favor of the passage of the same, which report was agreed to.

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

Mr. Malby, from the committee on codes, to which was referred the Assembly bill introduced by Mr. McMillan, Rec. No. 625, entitled "An act to amend the Penal Code, relating to the sale of potatoes, grains and other agricultural products" (No. 2217), reported in favor or the passage of the same, which report was agreed to.

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

Mr. Malby, from the committee on codes, to which was referred the Assembly bill introduced by Mr. Gardiner, Rec. No. 757, entitled "An act to amend the Penal Code relating to the conveyance of female convicts" (No. 2424), reported in favor of the passage of the same, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. Malby, from the committee on codes, to which was referred the Assembly bill introduced by Mr. Hiil, Rec. No. 746, entitled "An act to amend the Penal Code relating to political caucuses, primary elections, conventions and enrollments" (No. 2439), reported in favor of the passage of the same, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. Stranahan, from the committee on affairs of cities, to which was referred the Assembly bill introduced by Mr. Fallows, Rec. No. 615, entitled "An act to amend chapter 410 of the Laws of

1882, entitled 'An act to consolidate into one act and to declare the special and local laws affecting public interests in the city of New York,' relating to summary proceedings" (No. 2226), 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. Stranahan, from the committee on affairs of cities, to which was referred the Assembly bill introduced by Mr. Maher, Rec. No. 687, entitled “An act to amend the Greater New York charter, in relation to police matrons" (No. 2353), reported in favor of the passage of the same, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. Stranahan, from the committee on affairs of cities, to which was referred the Assembly bill introduced by Mr. Gale, Rec. No. 674, entitled "An act to amend the Greater New York charter, relating to offensive trades in the borough of Brooklyn " (No. 2286), reported in favor of the passage of the same, which report was agreed to, and said bill restored to its place on the order of third reading.

Mr. Higgins, from the committee on finance, to which was referred the Assembly bill introduced by Mr. McMillan, Rec. No. 280, entitled "An act to provide for the payment of certain local assessments against State property in the city of Schenectady, in the county of Schenectady, and making an appropriation therefor' (No. 1334), reported in favor of the passage of the same, which report was agreed to.

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

Mr. Krum, from the committee on taxation and retrenchment, to which was referred the Assembly bill introduced by Mr. Hill, Rec. No. 642, entitled "An act for the promotion of commerce on the seaboard waters of the State" (No. 2268, Senate réprint No. 1461), 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. Rice 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. 2432 entitled "An act to provide for the extension of the forest preserve in the counties of Delaware, [SENATE JOURNAL.]

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