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Undersheriff, and other offcers and employees.

Sheriff en-
titled to
certain
fees.

for audit, and he, may examine such witnesses in relation to such bills.

§ 9. With the approval of the board of supervisors there may be employed at the jail of said county, for the care, custody, maintenance and control of the prisoners and persons detained therein and other necessary services, one officer to be known as undersheriff, and such other officers and employees as the board of supervisors may determine, at salaries to be fixed by the board of supervisors at each annual session, and each of such officers and employees shall be appointed by the sheriff and hold office during his pleasure, and the said sheriff shall be responsible for all their official acts, and the compensation of the sheriff and said persons shall be paid monthly by the county of Franklin.

§ 10. In addition to the salary specified in section one of this act, the sheriff is authorized and entitled to charge, take and receive the fees now allowed to sheriffs by law in civil causes and proceedings, and paid by litigants or individuals as and for his compensation for services and disbursements rendered therein, and his liabilities thereunder, and for the services of the under-sheriff, deputies and other employees of his office in such cases and proceedings. But this section shall not permit said sheriff to retain to his own use any moneys paid for the care and custody and board of Chinese persons held under the Chinese exclusion law.

§ 11. The said sheriff shall also be allowed and entitled to receive the necessary and actual disbursements incurred by him in the discharge of the duties required by this act, which said disbursements shall be audited and allowed by the county auditor and paid monthly by the county.

$ 12. Any officer referred to in this act who shall receive to his own use, or for the use of another, any fee, perquisite or emolument contrary to the provisions of this act, or shall neglect to account for any such fee, perquisite or emolument by this act declared to belong to the county of Franklin, shall be guilty of a misdemeanor, and be liable to said county in a civil action for any moneys so received, or received for the use of said county, and not accounted for and paid to the treasurer pursuant to the foregoing requirements.

§ 13. All acts or parts of acts inconsistent with this act are hereby repealed.

§ 14. This act shall take effect immediately.

Sheriff en. titled to disbursements.

Penalty and liability.

Inconsistent acts.

CHAPTER 47
AN ACT making an appropriation for equipment, supplies, books, furniture

and personal service for the office of the supreme court reporter, recently

destroyed by fire. Became a law February 26, 1925, with the approval of the Governor. Passed,

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

Section 1. The sum of twelve thousand dollars ($12,000), or so much thereof as may be necessary, is hereby appropriated out of

any moneys in the state treasury not otherwise appropriated, for the purchase and installation of furniture, equipment, supplies and books for the office of the supreme court reporter, and personal service in such office in restoring records, such office and contents having recently been injured or destroyed by fire. The moneys hereby appropriated shall be paid out by the state treasurer on the warrant of the state comptroller, on the order of the supreme court reporter.

§ 2. This act shall take effect immediately.

CHAPTER 48
AN ACT making an appropriation for equipment, supplies, furniture, and

for removing and drying out water-soaked records and books of account
for the office of the liqui tion bureau, superintendent of insurance, recently

destroyed by fire.
Became a law February 26, 1925, with the approval of the Governor. Passed,

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

Section 1. The sum of nine thousand three hundred dollars ($9,300.00), or so much thereof as may be necessary, is hereby appropriated out of any moneys in the state treasury not otherwise appropriated, for the purchase and installation of furniture, equipment and supplies and for the expenses of removal and drying out of water-soaked records and books of account, in the office of the liquidation bureau, superintendent of insurance, such cffice and contents having recently been injured or destroyed by fire. The moneys hereby appropriated shall be paid out by the state treasurer on the warrant of the state comptroller, on the order of the superintendent of insurance.

§ 2. This act shall take effect immediately.

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CHAPTER 49
AN ACT to amend the military law, in relation to the naval militia.
Became a law February 27, 1925, with the approval of the Governor. Passed,

three-fifths being present.
The People of the State of New York, represented in Senate and Aseembly,
do enact as follows:

Section 1. Section fifty-eight of chapter forty-one of the laws L. 1909, of nineteen hundred and nine, entitled “An act in relation to ch5841, the militia, constituting chapter thirty-six of the consolidated amended. laws," as last amended by chapter five hundred and fifty-eight of the laws of nineteen hundred and twenty-four, is hereby amended to read as follows:

1 Previously amended by L. 1916, chs. 538, 565.

§ 58. (1) Eligibility required to receive a commission in the naval militia. Commissioned officers in the naval militia must be citizens of the United States and of the age of eighteen years and upwards. No person who has been expelled or dishonorably discharged from any military or naval organization of the state shall be commissioned unless he has re-enlisted and served as provided in this chapter. No person shall be commissioned unless he shall possess the additional requirements herein prescribed for the particular office to which he is to be commissioned.

(2) A rear admiral, at the time of his appointment, shall have been in the active service of the state as an officer of the naval militia or in the service of the United States as an officer of the navy or in all combined for at least ten years, but if not in active service at the time of his appointment, he must have served as an officer of the naval militia or as an officer of the United States navy, or in all combined, for at least fifteen years.

A captain of the naval militia at the time of his appointment shall have performed the same service for at least five years, of which at least three years must have been as a line officer. A commander or lieutenant commander for line duty at the time of his appointment shall have performed the same service for at least three years, of which at least two years must have been as a line officer. Staff officers or officers below the grade of

rear admiral? except judge advocates, medical officers and chaplains must have served one year immediately preceding their appointment in the naval militia of this state, except that they may be credited with service in the United States navy or revenue marine, or if not in active service at the time of their appointment they must have had at least one year's service in the national guard or naval militia of the State or the army or navy of the United States or both combined. Staff officers of the brigade, except judge advocates, surgeons and engineers, must either be selected from the commissioned officers in active service in the naval militia of this state, who for one year immediately preceding their appointments have been in active service in such naval militia as commissioned officers, or if not in active service at the time of their appointment they must have had at least two years' previous service in the active militia of this state or in the army or navy of the United States or both combined as commissioned officer. Surgeons and assistant surgeons must be graduates of an incorporated school of medicine and of at least five years' practice if of the grade of lieutenant-commander; of at least three years' practice if of the grade of lieutenant; and of at least two years' practice if of the grade of lieutenant junior grade. A lieutenant-commander as ongineer officer shall have been à commissioned marine engineer in the service of the United States, or shall hold a United States marine license not below the grade of chief engineer of ocean steamers of at least three thousand five hundred tons burthen, a lieutenant and a lieutenant junior grade as engineer officers shall have been a commissioned

2 IVords

rear admiral ” substituted for word “commodore."

1

marine engineer in the service of the United States or shall hold a United States marine license not below the grade of chief engineer of inland steamers of at least one thousand and five hundred tons burthen respectively. Engineer officers who have

passed the examination required by the navy department for line i Officers for engineering duty only in the naval militia and who

have actually served on vessels of the navy for one or more naval militia cruises as engineer officers shall be deemed to have

complied with the relevant provisions of this section as regards be eligibility. A judge advocate must be a counselor-at-law of the

supreme court of this state of at least five years' standing if of

the grade of lieutenant-commander or at least three years' standing E if of the grade of lieutenant. A chaplain must be a regularly ordained minister of some religious denomination.

§ 2. Section fifty-nine of such chapter, as last amended by simon chapter five hundred and sixty-five of the laws of nineteen hundred and sixteen, is hereby amended to read as follows:

$ 59. Appointed officers of the naval militia. The rear admiral of the naval militia shall be appointed by the governor. Officers [ of the naval militia, excepting the real admiral, shall be e appointed by the governor upon the recommendation of their

immediate commanding officers, approved by the commanding officer of the naval militia. When the governor desires to create

new organizations he shall have the power in the first instance to E appoint, all the officers necessary to commence and complete such organization.

§ 3. This act shall take effect immediately.

amended.

4

CHAPTER 50
AN ACT to validate, legalize and confirm the acts and proceedings of the

commissioner of public works and the common council of the city of
Fulton in the matter of improving certain streets in said city at the
expense of the abutting property owners and the city at large, and
authorizing the issuance of bonds

pay a portion the cost thereof. Became a law March 2, 1925, with the approval of the Governor. Passed

by a two-thirds vote under emergency message. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. All proceedings of the commissioner of public works Proceedand of the mayor and common council of the city of Fulton, in

ings legalthe matter of paving the following streets or parts of streets in said city at the expense of the abutting property owners and of the city at large, and in levying assessments against the abutting property owners' share of the cost of said improvements, and in advertising and selling bonds of the city in the amount of two hundred and eight thousand dollars to pay the city's share of the cost of said improvements, and in the amount of forty-six

ized.

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thousand dollars to pay that part of the property owners' share of said improvements remaining unpaid, to wit: South Fourth street from Oneida street to Buffalo street; West Second street from Phillips street, to Hart street; West Second street from Leitch street to Phillips street; South Fifth street from Academy street to Broadway; Hart street from West First street to West Second street; West Third street from Schuyler street to Gansvoort street; Schuyler street from West First street to West Fourth street; West Second street from Pine street to Broadway; Pine street from West First street to West Second street; Cayuga strect from Fourth street to Seventh street; Utica street from Second street to Third street; Utica street from Fourth street to Seventh street; Seneca street from Second street to Third street; Seneca street from Third street to Seventh street; North Fourth street from Oneida street to Erie street; North Fourth street from Erie street to Ontario street; North First street to the city line; Park street from Academy street to Broadway; Park street from Division street to Pratt street; Oneida street to the city line; North Seventh street from Oneida street to Seneca street; West First street eleven hundred feet to the city line; Emery street from Seventh street to the city line; South Seventh street from Oneida street to Broadway; South Second street from Cayuga street to Utica street; Pratt street from Third street to Seventh street; Academy street from Third street to Seventh street; State street from Park street to Fourth street; Buffalo street from Fourth street to Seventh street; Rochester street from Fourth street to Fifth street; Voorhees street from First street to Fourth street; South Fifth street from Pratt street to Division street; North Third street from Oneida street to Seneca street; West, Fourth street from Broadway to Phillips street; West Third street from Gansvoort street to Walradt street; South Sixth street from Academy street to Buffalo street; West Fourth street from Broadway to Walnut street; West Fifth street from Broadway to Oak street, are hereby validated, legalized and confirmed, and the common council of the city of Fulton is hereby authorized to issue said bonds and deliver the same to the purchasers thereof upon due payment of the purchase price; provided, however, that in the event of the failure of said purchasers to accept said bonds when offered for delivery and pay therefor in accordance with the terms of their contract of purchase, the common council of said city is hereby authorized to re-advertise and sell said bonds, bearing such rate of interest not exceeding six per centum per annum, as the common council may determine, in the manner provided by law.

§ 2. This act shall take effect immediately.

Delivery of bonds to purchasers or re-sale authorized.

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