Brigadier General. Election of § 71. Whenever the office of brigadier-general is vacant in any organized brigade, the Commander-in-Chief shall issue an order for an election to fill the vacancy, and shall designate a major-general, or some other proper officer, to preside at such election; and the officer so designated shall cause a written or printed notice to be served on each of the field officers and the commandants of the separate troops, batteries or companies of infantry, of the brigade in which the vacancy exists, at least ten days previous to the election, specifying the time and place of holding such election. Election of regimental officer to fill vacancy. Elections, how conducted. Appeals. Commissions. § 17. Section seventy-two of said act is hereby amended so as to read as follows: § 72. Whenever the office of any field officer in any organized regiment or battalion is vacant, the commanding officer of the brigade to which such regiment or battalion belongs shall cause a written or printed notice to be served on the field officers and each commissioned troop, battery or company officer in such regiment or battalion for an election to fill the vacancy. The notice shall specify the time and place of holding the election, and be served at least five days before such election shall take place. § 18. Section seventy-seven of said act is hereby amended so as to read as follows: § 77. The officer causing the notice to be given for any of the aforesaid elections shall attend at the time and place of holding such elections; he shall organize the meeting and preside thereat, and may, for sufficient cause, adjourn the same from time to time; and in the event of three such meetings having been held resulting in no choice, the vacancy may be filled by the Commander-in-Chief. § 19. Section eighty-two of said act is hereby amended so as to read as follows: § 82. Every person thinking himself aggrieved by the proceedings at an election for a commissioned officer may appeal, if the election be for a brigadier-general, to the Commander-in-Chief, if for a field officer, to the commanding officer of the division, and in all other cases to the commanding officer of the brigade in which such election may have transpired. 20. Section eighty-four of said act is hereby amended so as to read as follows: § 84. Any person concerned may appeal from the decision of the commanding officer of the division or brigade to the Commander-inChief, who shall hear and determine such appeal, and, in case it shall be necessary, order a new election. § 21. Section eighty-seven of said act is hereby amended so as to read as follows: § 87. The Commander-in-Chief shall commission all officers duly elected or appointed and entitled to the same, in pursuance of the provisions of this act; and every officer duly commissioned shall, within ten days after his commission shall be tendered to him, or within ten days after he shall be personally notified that the same is held in readiness for him by any superior officer, take and subscribe the oath prescribed in the Constitution of the State; and in case of neglect or refusal to take such oath within the time mentioned, he shall be deemed to have resigned said office, and a new election shall be forthwith ordered to fill his place. § 22. Section ninety of said act is hereby amended so as to read as follows: § 90. The superior officer who shall receive a commission for any subordinate officer shall, within fifteen days thereafter, transmit the same to the person entitled to it. 23. Section ninety-one of said act is hereby amended so as to read as follows: of non § 91. Any organized troop, battery or company may, at any regular Election meeting thereof, elect non-commissioned officers to fill any vacancy commistherein, and the commandants of troops, batteries or companies may, sioned whenever they deem it necessary, call a special meeting of their respective troops, batteries or companies for the election of non-commissioned officers. § 24. Section ninety-five of said act is hereby amended so as to read as follows: in officers. $95. A majority of the votes of all persons present and voting at Election an election of commissioned officers shall be necessary to a choice; all other cases a plurality shall be sufficient. § 27. Section one hundred and six of said act is hereby amended so as to read as follows: of commissioned officers. Amended by ch. 547, Laws 1880. $106. The commanding officer of each regiment or battalion may, Musicians. in his discretion, enlist or organize a band of musicians, and by. warrant, under his hand, may appoint a leader of such band, with the rank of sergeant-major. §28. Section one hundred and eleven of said act is hereby amended so as to read as follows: § 111. The provisions of this article shall only apply to musicians employed in bands provided for in this article. §29. Section one hundred and twelve of said act is hereby amended so as to read as follows: ments. $112. Every commissioned officer shall provide himself with arms, Uniforms uniform, and equipments, and every non-commissioned officer, musi- and equip cian and private shall provide himself with a uniform and equipments according to the rules and regulations prescribed by law, and subject to such restrictions, limitations, and alterations as the Commander-inChief may order; but every non-commissioned officer, musician and private shall be furnished, at the expense of the State, with arms; and uch uniform, arms and equipments shall in no case be different from those prescribed by the general regulations of the military forces of the State of New York, unless by special authority of the Commanderin-Chief. § 32. Section one hundred and fifteen of said act is hereby amended so as to read as follows: 115. The Chief of Ordnance hall, under the direction and with Purchase the approval of the Commander-in-Chief, cause to be procured the of arms. arms and equipments which may, from time to time, be required for the purposes provided in this act in all cases where they are furnished directly by the State. And the Comptroller shall draw his warrant apon the Treasurer, on the certificate of the Adjutant-General, approved by the Commander-in-Chief, for such sums as shall, from time to time, be expended for the purchase or manufacture of said arms and equipments; provided, always, that the prices paid for the same. shall in no case exceed the prices paid for arms and equipments of like quality for the army of the United States. § 33. Section one hundred and sixteen of said act is hereby amended so as to read as follows: 116. The Chief of Ordnance shall furnish, at the expense of the To furnish State, including transportation, on the order of the Commander-in- arms and Chief, to each regularly organized regiment, battalion, troop, battery ments. equip Armories. In New or company, of the National Guard, all the necessary arms and equipments suited to the arm of the service to which it belongs in all cases where it is provided that they shall be furnished directly by the State. But no arms or equipments shall be furnished to any company or corps unless such company or corps shall be connected with the regular military organization of the State. § 34. Section one hundred and twenty of said act is hereby amended so as to read as follows: § 120. Whenever it shall appear by the certificate of the commandant of the regiment or battalion to which any troop, battery or company, organized under the provisions of this act, belongs, or, in the case of a separate troop, battery or company, by the certificate of the commandant of the brigade or division to which it is attached, together with the certificate of the Adjutant-General, that such troop, battery or company has reached the minimum number of non-commissioned officers, musicians and privates established by section twelve of this act, who regularly attend the drills and parades of such troop, battery or company, the supervisors of the county in which such troop, battery or company is located, shall, upon the demand of the captain or commandant of such troop, battery or company, countersigned by the commandant of the regiment or battalion to which such troop, battery or company belongs, or in the case of a separate troop, battery or company, by the commandant of the brigade or division to which it is attached, erect or rent, within the bounds of such county, for the use of such troop, battery or company, a suitable and convenient armory, drillroom, and place of deposit for the safe-keeping of the arms, uniforms, equipments, accoutrements and camp equipage furnished under the provisions of this act. Whenever the division commander and the Inspector-General shall deem expedient that a regimental or battalion armory be provided to be used by all the companies of a regiment or battalion, the supervisors of the county in which such regiment or battalion is located shall, upon the demand of the commandant of such regiment or battalion, erect or rent within such county suitable and convenient premises, approved by the division commander, and the Inspector-General, for a regimental or battalion armory, to be used by all the companies of such regiment or battalion, except in places where such accommodation is provided in a State arsenal. In the city and county of New York, on the proper demands, countersigns and certificates as hereinabove provided, the board of aldermen of the city of New York, by a resolution duly passed by a majority of all the members elected to said board, and approved by the mayor, may authorize the purchasing and leasing of lands, and the leasing or erection of buildings for armories and drill-rooms for the use and occupation for military purposes of the National Guard, in the city and county of New York, in the manner hereinafter provided. All leases so authorized must be approved as to their form, terms and manner of execution by the mayor, the president of the board of aldermen, and the comptroller of the city of New York, or a majority of them, and the sums of money reserved for rent therein shall be inserted in the annual tax levy and raised by taxation, as is hereinafter provided in the case of moneys appropriated for the erection of such buildings. A resolution passed and approved as aforesaid may authorize the purchasing and leasing of lands and the erection of buildings for armories and drill-rooms upon lands belonging to the city of New York, other than the public squares and parks of said city, and shall designate the lands to be used for such purpose, and specify the sum appropriated therefor, which sum shall be inserted in the annual tax levy by the board of estimate and apportionment, and raised by taxation upon the estates liable to taxation in said city. The sum appropriated for the purchasing and leasing of lands and the erection of buildings may be inserted in one annual tax levy, or distributed among several, as the board of estimate and apportionment may deem proper. Whenever such a resolution authorizing the purchasing and leasing of lands and the erection of buildings for such purpose shall have been passed upon and approved, as aforesaid, the department of public works is hereby authorized and required to proceed with the work of erecting such building on the lands designated in the manner hereinafter provided. As soon as may be after the passage of said resolution as aforesaid, the mayor, the president of the board of aldermen, and the commissioner of public works of said city, or a majority of them, shall meet at the office of the mayor on the call of the latter, and select and employ, as soon as possible, a competent architect to draw plans and specifications for such building, and to superintend the construction and erection of the same, and thereafter when made, or from time to time, such plans and specifications in duplicate shall be submitted to, passed upon, and approved in writing by the mayor, the president of the board of aldermen, the commissioner of public works, and the commandant of the first division of the National Guard, or a majority of them. And thereupon one of such duplicates shall be filed for record with the department of public works. As soon as such plans and specifications shall have been accepted and approved as aforesaid, the department of public works shall proceed forthwith to make and let the contracts for the work and materials required, in the same manner and with like effect as contracts for work and supplies are now by law made and let by the several departments of the city government. All proper expenses, charges and bills for the erection of such building, shall, upon the proper certification of the superintending architect and the commissioner of public works, be paid by the comptroller of the city of New York, out of the appropriation made as herein provided for said purposes. $37. Section one hundred and twenty-three of said act is hereby amended so as to read as follows: § 123. Such armory, when erected or rented, shall be under the con- Control of trol and charge of the commanding officer of the regiment, battalion, armories. separate troop, battery or company for which it has been provided; and such commanding officer shall deposit therein all arms and equipments received from time to time for the use of his regiment, battalion, separate troop, battery or company, the chiefs of the general staff departments of the State, and division and brigade commanders and their respective staff officers shall at all times have access to such armory, whenever, in their judgment, the exigencies of the service may require it. 38. Section one hundred and twenty-four of said act is hereby amended so as to read as follows: 124. The commanding officer of each regiment, battalion, or Keeper. separate troop, battery or company, shall appoint a suitable person to take charge of the armories or places of deposit of his regiment, battalion or separate troop, battery or company, and all uniforms, arms, equipments and other property which shall have been issued under the provisions of this act therein deposited, and to discharge all duties connected therewith, as shall be, from time to time, prescribed by such commanding officer. Compensation of keeper. Examina tion of armories. Drills and parades. Salaries and com §39. Section one hundred and twenty-five of said act is hereby amended so as to read as follows: § 125. Such person so appointed to take charge of an armory shall receive a compensation not to exceed three dollars per day for the time actually employed in the duties indispensably necessary for the safekeeping and preservation of the property therein committed to his charge, in armories located in the various cities, and two dollars per day in the armories not located in cities; which compensation, as certified to by the commanding officer appointing such person, under the provisions of the last preceding section, shall be a county charge upon the county in which said armory is situated, and shall be levied, collected and paid in the same manner as other county charges are levied, collected and paid. § 40. Section one hundred and twenty-eight of said act is hereby amended so as to read as follows: § 128. The Chief of Ordnance may, from time to time, require any officer of his department to examine any armory provided as aforesaid, and report to him the condition thereof, and of the arms, equipments and camp equipage and other property therein deposited. § 42. Section one hundred and thirty-one of said act is hereby amended so as to read as follows: § 131. In addition to the annual parade and inspection specified in section one hundred and thirty of this act, there shall be six drills or parades of the National Guard in each year, not less than three of which shall be by regiment, battalion, or separate troop or battery, and at such times and places as the Commander-in-Chief, commandant of division, brigade, regiment or battalion, or separate troop or battery, shall direct, and on the order of the commandants of regiments or battalions, there may be additional parades of their regiments or battalions, but such additional parades shall not exceed four in number in any one year. § 45. Section one hundred and sixty seven of said act is hereby amended so as to read as follows: § 167. The staff of the Commander-in-Chief (except the Adjutantpensation. General, who shall be paid an annual salary of three thousand dollars and his necessary expenses), and the assistants in the several departments, in lieu of all compensation and allowances heretofore provided by law, in time of peace, when upon actual duty under the provisions of this act, either at drills, parades, encampments, lake and sea-coast defense duty, or otherwise, shall be paid such reasonable and just compensation, not exceeding the full pay and allowances of officers of the same rank in the army of the United States, as the Commander-inChief shall deem proper, and in no event to exceed the sum of twentyfive hundred dollars per annum, together with their necessary expenses and those of their departments, to be paid by the State upon the certificate of the Commander-in-Chief, showing a detailed statement of such services and expenses. Auditing board. § 47. Section one hundred and eighty of said act is hereby amended so as to read as follows: § 180. The commandant of each division or brigade shall, from time to time, as he shall deem necessary, convene the auditing board, of which he is president, of each regiment, battalion, or separate troop, battery, or company; and such auditing board, when so convened, shall audit all just and proper claims on the military fund of such regiment, battalion, or separate troop, battery or company, including those for furnishing uniforms and equipments, and shall make their |