Shade trees. De received into one of the following named institutions, viz.: the Ante, vol 4, p. 304; vol. 7, p. 669. See, also, & 4 of ch. 567, post, p. 186. CHAP. 215. AN ACT to prevent the mutilation of shade or ornamental trees. PASSED April 29, 1875; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. It shall be unlawful for any person or persons whatsoever in this State, to hitch any horse or other animal to, or leave the same standing near enough to, to injure any fruit or forest tree that has been transplanted or used as a shade or ornamental tree around any school-house, church or public building, or along any public highway. §2. Any person or persons guilty of violating the provisions of section one of this act shall be liable to prosecution by any person before any justice of the peace in the town where the offense is committed, and punishable by a fine not exceeding ten dollars nor less than one dollar, besides the costs of the action, and every such penalty, when collected, shall be paid by the justice, one-half to the overseers of the poor of the town in which recovery was had, and the remainder to the complainant, and the same process and means for the collection of the penalties imposed by this act may be issued and had as are now allowed by law for the collection of damages in actions of tort, but no provision of this act shall operate to interfere with any ordinance of the incorporated villages and cities of this State intended to secure the protection of shade trees therein. §3. This act shall take effect immediately. * So in the original; probably an omission. CHAP. 223. Code. AN ACT to amend chapter eighty of the laws of eighteen Military hundred and seventy, entitled "An act to provide for the see ch. 275, enrollment of the militia, for the organization of the National Laws 1878, Guard of the State of New York, and for the public defense, and entitled the Military Code." PASSED April 30, 1875; three-fifths being present, and two-thirds of the members in each House present concurring therein.* The People of the State of New York, represented in Senate and Assembly, do enact as follows: § 5. Section twenty-five of said act is hereby amended so as to read as follows: post. Assistants § 25. The Adjutant-General shall have the rank of Major-General; Adjutantand in the corps of Adjutants-General there shall be an assistant General. Adjutant-General with the rank of Colonel; and such acting assistants as shall be required may be appointed by the Adjutant-General, with the approval of the Commander-in-Chief; and to each division. an assistant Adjutant-General, with the rank of Colonel, to be chief of staff; to each brigade an Assistant Adjutant-General, with the rank of Lieutenant-Colonel, to be chief of staff; and to each regiment an Adjutant with the rank of first lieutenant. § 8. Section thirty-three of said act is hereby amended so as to read as follows: sary-Gen $53. The Commissary-General of Subsistence shall have the rank of Commis brigadier-general, and in the subsistence corps there shall be to each eral. division a commissary of subsistence with the rank of lieutenantcolonel; and to each brigade a commissary of subsistence with the rank of captain; and to each regiment or battalion a commissary of subsistence with the rank of first-lieutenant; and so many assistant commissaries, with the rank of captain, as in the opinion of the Commander-in-Chief the exigencies of the service may require; such assistant commissaries to be appointed by the Commander-in-Chief on the recommendation of the commissary-general of subsistence, and hold their offices during the pleasure of the Commander-in-Chief. § 11. Section forty-five of said act is hereby amended so as to read as follows: General. § 45. In his annual report, the Inspector-General shall state what Report of general and field officers have been in command of parades and Inspector encampments, and what degree of improvement has been attained by both officers and men, and whether the general regulations have been observed, together with such suggestions as he may see fit to make. § 12. Section fifty of said act is hereby amended so as to read as follows: Inspector § 50. In the absence of the Inspector-General, or in case of his Assistant inability to perform his duties, the assistant Inspector-General shall General. have full power to perform all duties appertaining to the office of the Inspector-General. But nothing in this section shall be so construed as to give any validity to the acts of the assistant Inspector-General in case of the disapproval of the Inspector-General. §16. Section seventy-one of said act is hereby amended so as to read as follows: * See § 6, of article eleven, of the Constitution of the State of New York. 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: 877. 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 forth with 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 officers. § 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: § 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; in of com 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: missioned 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: and equip § 112. Every commissioned officer shall provide himself with arms, Uniforms uniform, and equipments, and every non-commissioned officer, musi- ments. 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 such 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 shall, 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 upon 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 |