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order on the proper county treasurer, which shall require him to pay such claims out of any moneys in his hands belonging to the military fund of such regiment, battalion, or separate troop, battery, or company; but such order shall not be paid by the county treasurer until after the vouchers in support of such claims shall have been approved by the Adjutant-General.

§ 54. Section two hundred and ten of said act is hereby amended so as to read as follows:

$210. Every commissioned officer willfully neglecting to comply Fine for with the provisions of section ninety of said act, as amended by this delivery act, shall be liable to pay a fine of not less than twenty-five dollars, of comto be imposed by the proper court-martial on the complaint of any officer interested.

§ 57. Section two hundred and thirty-six of said act is hereby amended so as to read as follows:

missions.

violation

pany

§ 236. Any fine for offenses against the by-laws, rules and regula- Fines for tions of any troop, battery or company of the National Guard, not of comexceeding the sum of twenty-five dollars, a certified copy of the pro- by-laws. ceedings relating to the infliction of which has been returned to any division, brigade, regimental or battalion court-martial, may be enforced by such court in the manner herein before provided, due notice being given to to the delinquent; and further provided that a certified copy of said by-laws, rules and regulations be filed with the president of such court-martial; and any such fines, when collected, shall be paid over to the treasurer of such troop, battery or company of which the offender or delinquent is a member.

§ 58. Section two hundred and fifty-one of said act is hereby amended so as to read as follows:

§ 251. The Commander-in-Chief is hereby authorized to establish Rules. and prescribe such rules, regulations, forms and precedents as he may deem proper for the use, government and instruction of the military forces of the State, and to carry into full effect the provisions of this act. Such rules, regulations, forms and precedents shall be published in orders, and from time to time distributed to the commissioned officers of the State, to whom shall also be furnished the books of tactics, and instructions prescribed by the government of the United States and adopted by this State, which books shall be held by them as the property of the State and delivered to their successors in office. § 61. Subdivision three and subdivision four of section one of said act are hereby amended so as to read as follows:

tion from

3. All commissioned officers, who shall have served as such in the Exempmilitia or the National Guard of this State, or in any one of the United military States, for the term of five years; but no officer shall be so exempt duty. unless he shall have been honorably discharged from said service after having served the said term of five years; and, also, all supernumerary commissioned officers who have complied with the provisions of section twenty-four of this act.

4. Every non-commissioned officer, musician and private who shall have performed service in any regiment, battalion, troop, battery or company of the National Guard for the term of five years and been honorably discharged therefrom.

62. Section two hundred and fifty-four of said act is hereby amended so as to read as follows:

cates of

§254. Whenever any non-commissioned officer, musician or private, Certif of any troop, battery or company, shall have performed service in such discharge troop, battery or company for the term of five years from the time of on expirahis enlistment therein, properly uniformed, armed and equipped service.

tion of

according to the provisions of this act, he shall be furnished, on application by the commanding officer of such troop, battery or company with a certificate duly setting forth such facts, which shall, for all purposes, be deemed presumptive evidence thereof.

§ 63. All acts or parts of acts conflicting with the provisions of this act are hereby repealed; but such repeal shall not affect any legal proceedings commenced under such conflicting acts.

§ 64. This act shall take effect immediately.

Inspector of public works.

Term of office.

Duties.

Powers.

Compensation.

Report.

CHAP. 227.

AN ACT creating the office of Inspector of Public Works

PASSED April 30, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. There shall be an officer known as Inspector of Public Works, who shall be appointed by the Governor and may be removed by him at pleasure. Unless he is sooner removed, he shall hold his office for and during the term of the Governor by whom he is appointed.

2. It shall be the duty of such officer to inspect all works being carried on by or on account of the State, or in which the State shall be interested, and he shall report to the Governor upon all matters pertaining to his office, as often as he shall be called upon by the Governor so to do, and said report, when so made, shall be filed in the Executive department and Auditor's office subject to inspection by any person who may desire to examine the same.

3. Such officer shall have power to inspect all such works, and to examine any book, account or paper relating thereto in the custody of any public officer or board.

§ 4. Such officer may require the attendance of any witness before him to be examined in relation to said works, whenever in the opinion of the Governor the interest of the State requires it, and shall have power to take testimony and administer oaths; and any willful false swearing before such officer is hereby declared to be perjury; and for the purpose of compelling the attendance of witnesses before him, such Inspector may issue subpoenas to be signed by him, which shall be served by any sheriff or constable by said officer thereunto required. Any person duly subpoenaed to attend before such officer, who shall willfully neglect to obey such subpoena shall forfeit to the people of this State the sum of two hundred and fifty dollars, and shall also be deemed guilty of a misdemeanor. Such examination shall be public. § 5. Such officer shall receive an annual compensation of five thousand dollars, payable in monthly installments out of the State treasury. He shall also be entitled to be paid his reasonable expenses actually incurred for clerk hire, compensation of experts, fees of witnesses, and other incidental matters in the discharge of his duties, the account thereof to be verified by his oath and audited by the Comptroller, the objects and amounts being subject to the approval, in writing, of the Governor and Comptroller. And such Inspector shall make full report of his proceedings, to the Legislature, on or before the fifteenth day of January of each year.

6. This act shall take effect immediately.

CHAP. 233.

AN ACT to amend chapter four hundred and eighty-nine of the laws of eighteen hundred and seventy-three, entitled "An act to amend an act entitled 'An act for the better security of mechanics and others erecting buildings in the counties of Westchester, Oneida, Cortland, Broome, Putnam, Rockland, Orleans, Niagara, Livingston, Otsego, Lewis, Orange and Dutchess,"" passed April seventeenth, eighteen hundred and fifty-four, and as amended by chapter five hundred and fifty-eight of the laws of eighteen hundred and sixty-nine, entitled "An act for the better security of mechanics and others erecting buildings in either of the counties of this State, except the counties of Erie, Kings, Queens, New York and Onondaga."

PASSED May 1, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Section one of chapter four hundred and eighty-nine of the laws of eighteen hundred and seventy-three, entitled "An act to amend an act entitled 'An act for the better security of mechanics and others erecting buildings in the counties of Westchester, Oneida, Cortland, Broome, Putnam, Rockland, Orleans, Niagara, Livingston, Otsego, Lewis, Orange and Dutchess,"" passed April seventeenth, eighteen hundred and fifty-four, and as amended by chapter five hundred and fifty eight of the laws of eighteen hundred and sixty-nine, "entitled" An act for the better security of mechanics and others erecting buildings in either of the counties of this State, except the counties of Erie, Kings, Queens, New York and Onondaga," is hereby amended so as to read as follows:

Amending
Laws 1873,
Edm. 620,
4 Edm. 673.

ch. 489,

7 Edm. 456,

§ 1. Any person who shall hereafter perform any labor in erecting, Mechan altering or repairing any house, building or appurtenances to any house, building or building lot, including fences, side-walks, paving, wells, fountains, fish-ponds, fruit and ornamental trees and every improvement whatever to any such house, building or building lot in either of the counties of this State, except Kings, Queens, New York, Onondaga and Rensselaer, and except the city of Buffalo, or who shall furnish any materials therefor, with the consent of the owner, being such owner as is in this section hereinafter described, shall, on filing with the county clerk of the county in which the property is situated, the notice prescribed by the fourth section of this act, have a lien for the value of such labor and materials upon such house, building or appurtenances and upon the lot, premises, parcel or farm of land upon which the same shall stand to the extent of the right, title and interest of the owner of the property, whether owner in fee or of a less estate, or whether a lessee for a term of years thereafter, or vendee in possession nder a contract existing at the time of the filing of said notice, or any ight, title and interest in real estate against which an execution at law may now be issued under the general provisions of the statutes in force in this state relating to liens of judgment and enforcement thereof. 2. This act shall take effect immediately.

Amending ch. 291,

CHAP. 242.

AN ACT to amend an act, entitled "An act for the incorporation of villages," passed April twenty-fifth, eighteen hundred and seventy.

PASSED May 1, 1875; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. The twenty-fifth subdivision of section one of title three, of chapter two hundred and ninety-one of the laws of eighteen hundred 7 Edm. 689. and seventy, entitled "An act for the incorporation of villages," is hereby amended so as to read as follows:

Laws 1870,

Powers

and duties of trus

tees.

25. To keep the roads, avenues, streets, lanes, public buildings and public places of the village in good order and repair and condition; to construct culverts and drains; to regulate and prescribe the width, line and grade of streets, avenues, lanes and sidewalks; to pave, plank or flag roads, crosswalks or sidewalks; lay out and open new roads and streets; to widen, alter or change the grade, or otherwise improve roads, avenues, streets, lanes and sidewalks; to drain stagnant waters, and to raise or fill up low grounds, if nuisances, and assess the expense thereof upon the property benefited, in proportion to the amount of such benefit, and to regulate the water-courses, ponds and watering places in the village; to cause all necessary sewers to be built, and assess the expense thereof upon the property benefited, in proportion to the amount of such benefit. The amount of the benefit in any case, where the same is made the basis of assessment under this section, shall be determined by the president and trustees; provided, however, that no property beyond the limit of one hundred and seventy-five feet from the line terminus of any such sewer shall be liable to assessment for the expense of building the same; and provided, also, that no sewer shall be constructed under the provisions hereof except upon a written petition signed by a majority of the persons whose property shall be liable to assessment for said expense. All assessments for the drainage of stagnant waters, the raising or filling up of low grounds, or the building of sewers, under the provisions of this section, shall be enforced and collected in the same manner as assessments for the annual village tax.

§ 2. This act shall take effect immediately.

CHAP. 246.

AN ACT to amend chapter ninety-seven of the laws of eighteen hundred and seventy-five, entitled "An act providing for the forfeiture of property in certain cases."

PASSED May 4, 1875; three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ch. 97,

SECTION 1. The second section of chapter ninety-seven of the laws Amending of eighteen hundred and seventy-five, entitled "An act providing for Laws 1875, the forfeiture of property in certain cases," is hereby amended so as to ante, p. 60. read as follows:

apply for

to magis

§ 2. The officer, after taking possession of such animals, or imple- Officer to ments, or other property, pursuant to the preceding section, shall apply order. to the magistrate before whom complaint is made against the offender violating such provision of law, for the order next hereinafter mentioned, and shall make and file an affidavit with such magistrate, stating therein the name of the offender charged in such complaint, the time, place and description of the animals, implements or other prop erty so taken, together with the name of the party who claims the same, if known, and that the affiant has reason to believe and does believe, stating the grounds of such belief, that the same were used or employed, or were about to be used or employed, in such violation, and will establish the truth thereof upon the trial of such offender. He shall then deliver such animals, implements or other property, to To deliver such magistrate, who shall thereupon, by order in writing, place the property same in the custody of an officer or other proper person in such order trate. named and designated, to be by him kept until the trial or final discharge of the offender, and shall send a copy of such order, without Magistrate delay, to the district attorney of the county. The officer or person so order. named and designated in such order shall immediately thereupon Person assume such custody, and shall retain the same for the purpose of named to evidence upon such trial, subject to the order of the court before custody. which such offender may be required to appear, until his final discharge or conviction. Upon the conviction of such offender the animals, implements or other property shall be adjudged by the court to be forfeited. In the event of the acquittal or final discharge, without conviction, of such offender, such court shall, on demand, direct the delivery of the property so held in custody to the owner thereof. § 2. This act shall take effect immediately.

to issue

assume

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