or

rear

§ 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 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 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 “ngineer officer shall have been a 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 commissioned

a

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 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 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 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 59 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 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 appoint all the officers necessary to commence and complete such organization.

§ 3. This act shall take effect immediately.

$ amended.

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

by 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 Proceed

ings legal. and of the mayor and common council of the city of Fulton, in the 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

3 Previously amended by L. 1911, ch. 282.
4 Words rear admiral” substituted for word commodore."

ized.

66

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 Gans-
voort 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; Statc
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 Broad-
way to Walnut street; West Fifth street from Broadway to Oak

street, are hereby validated, legalized and confirmed, and the purchasers 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

or re-sale authorized.

1

1 tion

CHAPTER 51
AN ACT making an appropriation for the contributions of the state to

the counties for the construction and improvement of certain highways
and county roads, in accordance with section three hundred and twenty-b

of the highway law. Became a law March 2, 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 two million three hundred eighty-one Appropriathousand two hundred forty-three dollars and seventy-five cents ($2,381,243.75), or so much thereof as may be necessary, is hereby appropriated from any moneys in the state treasury not otherwise appropriated, for contributions by the state, pursuant to section three hundred and twenty-b of the highway law, to the several counties, based upon the amount of taxes levied therein, county obligations or moneys made available and deposited with the county treasurers for the construction and improvement of highways or county roads pursuant to section three hundred and twenty-a of the highway law or any other general or special law authorizing the levy of county taxes or raising of funds by county obligations for the construction and improvement of highways or roads within the county, other than county highways. The moneys appropriated shall be contributed in amounts to be determined in the manner provided by section three hundred and twenty-b of the highway law and paid out in the manner therein provided.

§ 2. The sum of ten thousand dollars ($10,000.00), or so much appropriathereof as may be necessary, is hereby appropriated from any dedeleney moneys in the state treasury not otherwise appropriated, for con. In Saratoga tributions by the state, pursuant to section three hundred and twenty-b of the highway law to meet the deficiency in Saratoga county for the year nineteen hundred twenty-four, based upon the amount of taxes levied therein, county obligations or moneys made available and deposited with the county treasurer for the con. struction and improvement of highways or county roads pursuant to section three hundred and twenty-a of the highway law or any other general or special law authorizing the levy of county taxes or raising of funds by county obligation for the construction and improvement of highways or roads within the county, other than county highways. The money appropriated shall be contributed in amount to be determined in the manner provided by section three hundred and twenty-b of the highway law and paid out in the manner therein provided.

8 3. This act shall take effect immediately.

in county.

CHAPTER 52
AN ACT reappropriating an unexpended balance for the purpose of the

construction and improvement of public highways.
Became a law March 2, 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 one million thirty-two thousand six hundred and fifty-nine dollars and five cents ($1,032,659.05) being the unexpended balance of the appropriation made by chapter eleven of the laws of nineteen hundred and twenty-two reappropriated by chapter thirteen of the laws of nineteen hundred and twenty-four to be expended for the state's share of the cost of construction and improvement of rural post roads, is hereby reappropriated from the same funds to be used for the construction or reconstruction of state or county highways, or for the elimination or alteration of any railroad crossing, in accordance with the provisions of article six-a of the highway law as amended, for the payment of preliminary engineering charges by the state, the payment of overhead charges and items disallowed by the federal government.

§ 2. This act shall take effect immediately.

1

CHAPTER 53
AN ACT reappropriating an unexpended balance for the purpose of the

construction and improvement of public highways.
Became a law March 2, 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 two hundred and twenty-seven thou. sand, two hundred and ten dollars and four cents ($227,210.04) being the unexpended balance of the appropriation made by chapter two hundred and thirty-nine of the laws of nineteen hundred and twenty-two, reappropriated by chapter one hundred and forty of the laws of nineteen hundred and twenty-four, to be expended for the state's share of the cost of construction and improvement of rural post roads, is hereby reappropriated from the same funds to be used for the construction or reconstruction of state or county highways, or for the elimination or alteration of any railroad crossing, in accordance with the provisions of article six-a of the highway law as amended, for the payment of preliminary engineering charges by the state, the payment of overhead charges and items disallowed by the federal government.

§ 2. This act shall take effect immediately.