Laughlin, J.:
On the 20th day of October, 1920, the relator presented a petition in due form to the City Court of the City of New York showing that it was the owner of an .apartment house known as 490 West End avenue, in the borough of Manhattan, New York; that on or about the 28th day of May, 1917, by a lease in writing it let to one Weil an apartment in said building for the term of three years ending September 30, 1920; that" the tenant was holding over after the expiration of the term without its permission; that the proceeding was not one of those authorized or provided for in subdivision 1-a of section 2231 of the Code of Civil Procedure, as added by chapter 942 of the Laws of 1920, and that it made a formal application in writing to said court for the issuance of a precept for the removal of the tenant, which was denied in writing by the defendant, who is a justice of the said court, on the ground that the issuance of the precept was not authorized by the statute. The motion was for a mandamus requiring the issuance of a precept. Mandamus in such case is the appropriate remedy. (People ex rel. Lewis v. Fowler, 229 N. Y. 84.) The contentions here made with respect to the invalidity of the statute withdrawing the remedy of summary proceeding and of the right of the relator to the remedy as it existed when the contract was made are answered by the opinion in People [282]*282ex rel. Brixton Operating Corporation v. LaFetra (194 App. Div. 523), argued and decided herewith.
The appellant, however, makes a further point that said chapter 942, withdrawing the summary proceeding remedy with respect to tenants holding over after the expiration of their term, with certain exceptions not here in point, was not passed in the manner provided by article 3, section 15, of the Constitution, which provides as follows: “No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the Governor, or the acting Governor, shall have certified to the necessity of its immediate passage, under his hand and the seal of the State.”
Concededly the bill was not printed and upon the desks of the members in its final form three calendar legislative days prior to its final passage. It is claimed that the Governor did not fully certify to the necessity of its immediate passage so as to warrant its passage without its having been so printed and upon the desks of the members. Its authenticity was duly certified by the presiding officer of each house and it was signed by the Governor, and appears in the official edition of the laws.
The appellant in support of this claim did not rely on the bill itself and the official certification thereof and official journals of the two houses but attempted by affidavits to impeach the official journals.
Chapter 942 originated in the Senate where it was introduced on the twentieth of September and became known as Senate Bill No. 25 and as printed was given the introductory number 25 and the printed number 25. It was originally intended to apply to all cities of the first class and to cities in a county adjoining and the title of the bill so provided, and it was designed to repeal chapter 137 of the Laws of 1920 which applied to the same cities. The bill was evidently referred to the committee on affairs of cities. The journal of the Senate
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Laughlin, J.:
On the 20th day of October, 1920, the relator presented a petition in due form to the City Court of the City of New York showing that it was the owner of an .apartment house known as 490 West End avenue, in the borough of Manhattan, New York; that on or about the 28th day of May, 1917, by a lease in writing it let to one Weil an apartment in said building for the term of three years ending September 30, 1920; that" the tenant was holding over after the expiration of the term without its permission; that the proceeding was not one of those authorized or provided for in subdivision 1-a of section 2231 of the Code of Civil Procedure, as added by chapter 942 of the Laws of 1920, and that it made a formal application in writing to said court for the issuance of a precept for the removal of the tenant, which was denied in writing by the defendant, who is a justice of the said court, on the ground that the issuance of the precept was not authorized by the statute. The motion was for a mandamus requiring the issuance of a precept. Mandamus in such case is the appropriate remedy. (People ex rel. Lewis v. Fowler, 229 N. Y. 84.) The contentions here made with respect to the invalidity of the statute withdrawing the remedy of summary proceeding and of the right of the relator to the remedy as it existed when the contract was made are answered by the opinion in People [282]*282ex rel. Brixton Operating Corporation v. LaFetra (194 App. Div. 523), argued and decided herewith.
The appellant, however, makes a further point that said chapter 942, withdrawing the summary proceeding remedy with respect to tenants holding over after the expiration of their term, with certain exceptions not here in point, was not passed in the manner provided by article 3, section 15, of the Constitution, which provides as follows: “No bill shall be passed or become a law unless it shall have been printed and upon the desks of the members, in its final form, at least three calendar legislative days prior to its final passage, unless the Governor, or the acting Governor, shall have certified to the necessity of its immediate passage, under his hand and the seal of the State.”
Concededly the bill was not printed and upon the desks of the members in its final form three calendar legislative days prior to its final passage. It is claimed that the Governor did not fully certify to the necessity of its immediate passage so as to warrant its passage without its having been so printed and upon the desks of the members. Its authenticity was duly certified by the presiding officer of each house and it was signed by the Governor, and appears in the official edition of the laws.
The appellant in support of this claim did not rely on the bill itself and the official certification thereof and official journals of the two houses but attempted by affidavits to impeach the official journals.
Chapter 942 originated in the Senate where it was introduced on the twentieth of September and became known as Senate Bill No. 25 and as printed was given the introductory number 25 and the printed number 25. It was originally intended to apply to all cities of the first class and to cities in a county adjoining and the title of the bill so provided, and it was designed to repeal chapter 137 of the Laws of 1920 which applied to the same cities. The bill was evidently referred to the committee on affairs of cities. The journal of the Senate
The affidavits tending to impeach the official journals must, therefore, be excluded from consideration. We do not deem it necessary to examine the statutes, which are not cited, with respect to the certification of the passage of laws, or to decide whether the official journals may be consulted on this point to annul an enactment, for in the case at bar those journals do not tend to show a non-compliance with the provisions of the Constitution. It will be observed that the Constitution does not prescribe how the bill shall be identified in the emergency certificate, or that the message shall be spread upon the journals of the Assembly and the Senate, or that a duplicate shall be delivered to each house. If these constitutional provisions required a construction that the Legislature was limited to the passage of the bill in the precise form [287]*287in which it was at the moment it received the emergency message from the Governor, that is sufficiently shown here by the official journals; but I think that would be too narrow a construction to place dn the Constitution and that, at least, amendments not materially affecting the purpose and object of the bill may be made after the receipt of the message from the Governor. It is manifest that the subsequent approval of the bill by the Governor is entitled to great weight as showing that the bill as it came to him is the bill the immediate passage of which he deemed required by the public interest. The requirement of the emergency message is to dispense with and obviate the delay otherwise required to prevent hasty legislation. It appears that this constitutional amendment as originally proposed did not contain the words requiring that the bill should be upon the desks of the members “ in its final form,” and that they were added by amendment. (Revised Record of the Constitutional Convention of 1894, vol. 1, pp. 887-917.) It will be observed that the constitutional provisions with reference to the emergency message are directed to the bill, and that the provisions of the Constitution recognize a distinction between the bill and the bill in its final form. It is regarded as the same bill from the time of its introduction until it passes. If it were held that there could be no change in the bill, even to correct a typographical error or to clarify its meaning, after the receipt of the Governor’s message, the validity of all such legislation would be endangered by an inquiry with respect to the time of the receipt of the message and the precise form of the bill at that time. If that were intended, the Constitution would have required that a record of those matters should be made and preserved, but it does not.
It follows that the order should be affirmed, with ten dollars costs and disbursements.
Clarke, P. J., Dowling, Merrell and Greenbaum, JJ., concur.
Order affirmed, with ten dollars costs and disbursements.
See vol. 2, Appendix II, pp. 90-92.— [Rep.