istence. ence, with the rank of brigadier-general, and such commissa- eral of subries of subsistence as may be otherwise provided by law. ant of regi rent armory stances. § 121. In case such armory shall not be erected or rented Commandby the supervisors for the use of such company, the com- ment to mandant of the regiment in his discretion, with the approval under cer of the inspector-general, may rent or erect a room or build- tain circuming, to be used for such armory, and the amount of rent thereof, provided the same shall not exceed the sum of two hundred and fifty dollars for each company in the several cities of this state, and one hundred and fifty dollars for companies not located in cities, shall be a county charge, and shall be paid by such supervisors, and levied and raised as hereinbefore provided. Ante, vol. 3, p. 265. ing officer some suit to take care of armory. $126. The commanding officer of each regiment or bat- Commandtalion shall appoint a suitable person to take charge of the to appoint armory, armories, or place of deposit of his regiment, or of able person the several companies in his regiment, and all arms, equipments and other property of the state therein deposited, and to discharge all duties connected therewith, as shall be from time to time prescribed by the commanding officer. Ante, vol. 3, p. 266. tion of same. § 127. Such person so appointed shall receive a compensa- Compensa tion of one dollar and fifty cents per day, for the time actually employed in cleaning guns, and other duties indispensably necessary for the safe keeping and preservation of such property committed to his charge, which shall be a county charge upon the county in which said armory is situated, and audited and paid in the same manner as other county charges. Ante, vol. 3, p. 266. ant of com appoint a warning § 138. For the purpose of warning the non-commissioned Commandofficers, musicians and privates to any parade, encampment pany may or place of rendezvous, the commandant of each company suitable may appoint a suitable person a warning officer, who shall person, a be compensated from the funds of the company, and the officer." commandant of each company shall issue his orders under bis hand, to his warning officer or to his non-commissioned officers, requiring them to warn all the non-commissioned officers, musicians and privates of his company to appear at such parade, encampment or place of rendezvous, armed and equipped according to law and regulation. Ante, vol. 3, p. 268. how made. turn. 139. Each non-commissioned or warning officer, to whom warning, such order shall be directed, shall warn every person whom officer to he shall be therein required to warn, by reading the orders make reor stating the substance thereof in the hearing of such person; or in case of his absence, by leaving a notice thereof at his usual place of abode or business, with some person of suitable age and discretion, or by sending the same to him by Officers to make re turns. Returns to be received mail, directed to him at the post-office nearest his place of residence. Ante, vol. 3, p. 268. $140. Such non-commissioned or warning officer shall make a return to his commandant, in which he shall state the names of all persons by him warned, and the manner of warning them respectively, and shall make oath to the truth of such return, which oath shall be administered by the commandant, and certified by him on the warrant or return. Ante, vol. 3, p. 268. § 142. The return of such non-commissioned or warning as evidence. Officer, so sworn to and certified, shall be as good evidence, on the trial of any person returned as a delinquent, of the facts therein stated, as if such officer had testified to the same before the court martial on such trial. Terms of service in national guard. Exemption. Ante, vol. 3, p. 269. § 146. Every non-commissioned officer, musician or private of the national guard of this state shall be holden to do duty therein for the term of seven years from his enlistment, unless disability after enlistment shall incapacitate him to perform such duty, or he shall be regularly discharged by the commandant of his regiment; all general and staff officers, all field officers, all commissioned and non-commissioned officers, musicians and privates of the organized national guard of this state, shall be exempt from jury duty during the time they shall perform military duty, and shall be entitled to a deduction in the assessment of their real and personal property, to the amount of five hundred dollars each, except cavalrymen, artillerymen and mounted officers, who shall be entitled to a deduction of one thousand dollars on all classes of taxes. And every person who shall have so served seven years, and shall have been honorably discharged as required by this section, shall forever after, as long as he remains a citizen of this state, be exempt from jury duty. No non-commissioned officer, musician or private in the national guard shall be discharged from service, except for physical disability or expiDischarges. ration of term of service. Discharges for physical disability shall be given only upon the certificate of the regimental surgeon; and no member of any company shall be discharged from service except upon the certificate of the commanding officer of his company, that such member has turned over or satisfactorily accounted for all property issued to and charged to him. Commanding officers of regiments shall make returns through intermediate officers to the adjutant-general, on the first day of January and July in each year, of all discharges granted by them during the previous six months, giving names and grades of the persons so discharged, and the causes for which discharged. Ante, vol. 3, p. 269. non-appear § 218. Subdivision 1. Every non-commissioned officer, mu- Fine for sician and private, for non-appearance, when duly warned or ance at summoned, at a company parade, a fine of two dollars for parade. each day; at a regiment or battalion parade or encampment, not less than three or more than six dollars for each day; and at a place of rendezvous, when called into actual service, a sum not exceeding twelve months' pay, nor less than one month's pay. der-in-chief $2. The commander-in-chief shall appoint and commission Comman brigadier-generals of brigades in the several divisions of the to appoint state, except the first and second, whenever vacancies exist, generals exor whenever they may occur. brigadier cept in first and second Staff of divi ades and 3. The staffs of divisions, brigades and regiments shall divisions. be constituted and appointed as follows: To each division an sions, brigassistant adjutant-general, with the rank of colonel, to be regiments. chief of staff; a division inspector, with the rank of colonel; a division engineer, with the rank of colonel; a division judge advocate, with the rank of colonel; a division surgeon, with the rank of colonel; an ordnance officer, with the rank of lieutenant-colonel; a quartermaster, with the rank of lieutenant-colonel; a commissary of subsistence, with the rank of lieutenant-colonel; two aids-de-camp, with the rank of major, and one aid-de-camp with the rank of captain; all of whom shall be commissioned by the commander-in-chief, upon appointment by the major-general commanding the division. To each brigade, an assistant adjutant-general, with the rank of major, to be chief of staff; an inspector, with the rank of major; an engineer, with the rank of major; a judge advocate, with the rank of major; a surgeon, with the rank of major; an ordnance officer, with the rank of captain; a quartermaster, with the rank of captain; a commissary of subsistence, with the rank of captain; one aid-de-camp with the rank of captain, and one aid-de-camp with the rank of first lieutenant; all of whom shall be commissioned by the commander-in-chief, upon election or the appointment of the brigadier-general commanding the brigade. To each regiment, an adjutant, with the rank of first lieutenant; a quartermaster, with the rank of first lieutenant; a commissary of subsistence, with the rank of first lieutenant; a surgeon, with the rank of major; an assistant surgeon, with the rank of first lieutenant, and a chaplain, with the rank of captain; all of whom shall be commissioned by the commander-inchief, upon the recommendation of the colonel commanding the regiment; but regimental staff officers shall not be allowed to vote at any election of field officers. Commander-in-chief to prescibe Bursement 4. The commander-in-chief shall be empowered to pre- rules in rescribe and enforce such rules and regulations in regard to the gard to dis disbursement and accounting for the regimental funds of the and acseveral regiments as may by him be deemed necessary to secure of regia proper disposition of and accountability for such funds. funds. countability mental Pay of judge ad members of tial. S5. Division, brigade and special judge advocates and vocates and presidents, and members of any court of inquiry or court court mar martial for the trial of officers, shall receive for such duty a sum equal to one day's pay for field duty, for each day he may be actually employed in said court, or engaged in the business thereof, or in traveling to and from the court, allowing thirty miles for a day's travel, the same to be paid upon the approval of the judge advocate general, in the same mauner as other military accounts. Inspectors of divisions and brig ades. County treasurers comptroller moneys on hand. $6. Division and brigade inspectors are hereby classified as belonging to the department of the inspector-general, and all reports heretofore required to be made to the adjutantgeneral shall be made to the inspector-general. $7. The county treasurers of the several counties shall, on to remit to or before the first day of June, eighteen hundred and sixtyamount of seven, remit to the comptroller of the state all moneys which may have been received in any year by them or their predecessors, to the credit of the militia fund, from the members of the reserve militia of the national guard, on account of fines for not parading in requirement of section thirteen, military code, or on account of any sums paid for exemption from the service demanded under said section. And any sum or sums of money received from the sources above mentioned shall be applied to military purposes, the same as other military funds are applied and paid. S8. Such sections and parts of the military code as are inconsistent or conflict with this act are hereby repealed. $9. This act shall take effect immediately. Ante, vol. 3, p. 245. CHAP. 509. AN ACT to amend an act passed eighteen hundred and fifty-three, chapter one hundred and seventeen, entitled "An act to authorize the formation of companies for the erection of buildings." PASSED April 22, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. The first section of chapter one hundred and seventeen of the laws of eighteen hundred and fifty-three, entitled "An act to authorize the formation of companies for the erection of buildings," is hereby amended by inserting after the words "a company for the erection of buildings,' the following words, "or the construction or leasing of elevators and warehouses for the storage and elevating of grain, and for the making, purchasing and selling of materials for the construction of buildings." $2. This act shall take effect immediately. CHAP. 515. AN ACT in relation to Railroad Corporations. PASSED April 22, 1867. The People of the State of New York, represented in Senate and Assembly, do enact as follows : SECTION 1. Any railroad company which has been, or obtaining which may hereafter be, duly formed under the act entitled land. "An act to authorize the formation of railroad corporations and to regulate same," passed April second, eighteen hundred and fifty, and which is duly continued in existence, when at least ten thousand dollars for every mile of its railroad proposed to be constructed in this state shall be, in good faith, subscribed to its capital stock, and ten per cent thereof paid in, may apply to the court for the appointment of commissioners, and all subsequent proceedings may be had to obtain the title to lands necessary for the construction of its railroads, to the same extent and in the same manner as if the whole amount of the capital stock specified in its articles of association was in like manner subscribed. 2. This act shall take effect immediately. Ante, vol. 3, p. 617. CHAP. 543. AN ACT in relation to quarantine in the port of New PASSED April 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: on Barren SECTION 1. The commissioners of quarantine, the metro- Who to purpolitan board of health, and the mayors of the cities of New chase site York and Brooklyn, are hereby authorized and directed, as Island. soon as practicable after the passage of this act, to select a suitable site on Barren Island to erect a temporary structure, if it become necessary, until a suitable permanent structure shall be erected on west bank, which the said board above named are hereby directed to construct as soon as practicable, Objects of with all necessary appurtenances, for the reception and temporary detention of passengers under quarantine, who have been exposed to contagious or infectious diseases, but who are not actually sick, and who may be sent there by the health officer, pursuant to law. They shall also select a suitable site site for for a landing and boarding station on the west end of Coney landing on Island, to be used in place of the one specified in the twelfth Island. section of chapter seven hundred and fifty-one, of the laws of eighteen hundred and sixty-six. Said sites shall be selected Coney |