Слике страница
PDF
ePub

Voting

For a negative vote mark a similar mark in the square The common council may, by opposite the word 'No.'"' machines. resolution, at the time the time of designating the time and place for holding such election provide, that, in place of receiving the ballots of the persons qualified to to vote at such special election as above set forth, a voting machine or machines which have been duly adopted by the said common council for use at general elections may be used. Such voting machine or machines shall be provided with ballots on which shall be written or printed or partly written and partly printed the object for such special tax or taxes, and if there shall be more than one object for a special tax proposed at any such election then those several objects shall be specified on separate ballots and shall be affixed in the ballot holder of said voting machine or machines, and, adjacent and opposite to, or directly under, those several objects or statements shall be placed the words "Yes" and "No," with a mechanical device or lever by which a person qualified to vote may indicate his choice by pulling, pushing or moving said lever toward the word "Yes" or the word "No" and thereby register his Challenges. or her such vote as designed or intended. If any person offering to vote at such election shall be challenged in relation to his right to vote thereat, by any other person entitled to vote at the said election, one of the inspectors shall tender him the following oath : "You do swear (or affirm) that you are a resident and taxpayer of the city of Middletown and you are of the age of twenty-one years, and that you have not voted at this election." If he shall take such oath, and shall be named and assessed upon said roll aforesaid, or shall show his relation as such executor, administrator, trustee, devisee, heir or guardian, as the possessor or representative of such property so chargeable, his vote shall be received; if he decline to take such oath his vote shall be refused. All provisions of law for punishing false swearing and fraudulent voting at the said charter election, so far as the same can be apapplicable. plied, and for preserving order at the polls, shall be applicable to Canvass. the said special elections and the proceedings thereat. The said

Laws for charter election

inspectors shall canvass the votes received at said special elections, immediately after the closing of the polls, without adjournment, and then make a certificate under their hands, or the hands of two of them, stating the whole number of ballots received; in the case of every tax voted upon at such election, the whole number for each special tax, and the whole number against each special tax, and return the same by the hands of one of them to the common council, or to the mayor or clerk forthwith thereafter. The said certificate, if received by the mayor or clerk, shall be delivered by him to the common council at their next meeting, and the said council shall cause the result of said election as appearing by said certificate, to be entered in their minutes; and if it shall appear that the whole number of votes received at such election in favor of any such object or statement exceed the whole number of votes cast against any such object or state

of sum

ture for

loan.

ment, it shall be the duty of the common council to cause the Assessment said sum or sums to be assessed, levied and raised in addition directed. to the said sum of two hundred and fifty thousand dollars' and all other taxes, in and by the next assessment-roll, or in and by successive equal annual installments thereafter, and in the same manner and with the same power and authority as herein described and conferred in reference to said two hundred and fifty thousand dollars. After any such special tax or taxes shall have Expend!been authorized as herein provided, the common council may pro- objects ceed to authorize the expenditure of the amount thereof, for the specified. object or objects specified in their published statement and sanctioned by such election, and the common council may borrow, if Temporary they shall deem it necessary to do so, the amount so voted in anticipation of the collection of said tax, payable in equal annual installments, if the loan shall be made for more than one year, which installments shall be levied and collected in the same manner as the general tax of the city, and the amount so borrowed shall be expended for which the special tax was raised, and shall be repaid as soon as the same shall become due, from the proceeds of the tax levy. The sum and sums of money raised by any spec- Sums to ial tax shall be paid to and kept by the city treasurer, distinct separate. from other money, and entered in a separate account, and shall be appropriated by the common council exclusively to the object or objects mentioned in their public statement. Nothing herein contained shall conflict with or affect in any way the proceedings, powers, rights and duties of the mayor and common council of said city, now provided by law.

be kept

aldermen.

No special appropriation shall be submitted to the vote of the Vote of taxpayers unless it shall have received a majority of the votes of the alderman* elected and in office.

§ 2. This act shall take effect immediately.

CHAPTER 558

AN ACT to amend the military law, in relation to the naval militia. Became a law May 1, 1924, with the approval of the Governor.

three-fifths being present.

Passed,

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

§ 51

Section 1. Section fifty-one of chapter forty-one of the laws of L. 1909, nineteen hundred and nine, entitled "An act in relation to the 41, militia, constituting chapter thirty-six of the consolidated laws," amended. as last amended by chapter five hundred and ninety-five of the laws of nineteen hundred and twenty-one,1 is hereby amended to read as follows:2

*So in original. [Evidently should be "aldermen."]

66

7 Formerly one hundred and fifty thousand dollars."

1 Previously amended by L. 1911, ch. 282; L. 1916, ch. 565; L. 1921, ch. 588. 2 Section materially amended.

§ 58 amended.

§ 51. Organization and command. (1) The naval militia shall constitute a brigade. The governor is authorized to prescribe the organization of the naval militia to conform as far as practicable to that prescribed by the laws of the United States now or hereafter in force. (2) The naval militia shall be commanded by the senior line officer thereof in active service.

2. Section fifty-eight of such chapter, as amended by chapters five hundred and thirty-eight and five hundred and sixty-five of the laws of nineteen hundred and sixteen is hereby amended to read as follows:

§ 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 commodore, 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.3 Staff officers or officers below the grade of commodore 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 lad 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 Subd. (2) to here materially amended.

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 engineer 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 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 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.

amended.

§ 3. Section sixty of such chapter, as added by chapter one 60 hundred and twenty-seven of the laws of nineteen hundred and seventeen and last amended by chapter five hundred and eightyeight of the laws of nineteen hundred and twenty-one, is hereby amended to read as follows:1

§ 60. Allowance for salary of chief of staff. The chief of staff of the commanding officer of the naval militia shall receive an annual salary equal in amount to the pay and allowances of an officer of like grade and length of service in the navy of the United States; provided, that the amount of salary to be allowed hereunder shall not exceed five thousand dollars annually.

amended.

§ 4. Section sixty-one of such chapter, as added by chapter 61 one hundred and twenty-seven of the laws of nineteen hundred and seventeen and last amended by chapter five hundred and ninety-five of the laws of nineteen hundred and twenty-one,5 is hereby amended to read as follows:

§ 61. Enlistment, transfer and discharge. The qualifications for enlistment and re-enlistment in the naval militia, the term and form of oath to be taken and the manner and form of transfer and discharge of enlisted men shall be prescribed in regulations issued in accordance with this chapter.

§ 5. This act shall take effect immediately.

4 Section materially amended.

5 Previously amended by L. 1921, ch. 588.

• Remainder of sentence formerly read: "conform to the requirements of federal law relating to the naval militia now in force or hereafter to be enacted."

L. 1923,

ch. 244, §§ 1-3 amended.

Annual

payments

disabled

from loss

CHAPTER 559

An ACT to amend chapter two hundred and forty-four of the laws of nineteen hundred and twenty-three, entitled "An act for the relief of certain persons who served in the military or naval forces of the United States during the world war, and making an appropriation therefor," generally.

Became a law May 1, 1924, 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. Sections one, two and three of chapter two hundred and forty-four of the laws of nineteen hundred and twenty-three, entitled "An act for the relief of certain persons who served in the military or naval forces of the United States during the world war, and making an appropriation therefor," are hereby amended to read as follows:

§ 1. Any soldier as defined in this act, who served in the milito soldiers tary or naval forces of the United States during the world war, and who has been permanently and totally disabled by reason of sight. of loss of sight as a result of such services, shall be paid out of the treasury of this state for the term of his life, the sum of five hundred dollars annually as herein provided.

Evidence

of service

and disability.

§ 2. The evidence of such service and of such disability in each case shall be furnished to the adjutant general, who shall examine the same, and upon being satisfied that such service was performed and that the said person has been rendered permanently and totally disabled by reason of loss of sight 2 as a result thereof, he shall certify to the state comptroller the name Payments, and address of such soldier. Thereafter the treasurer on the warrant of the comptroller, shall pay such soldier such sum in semiannual installments during the life-time of such soldier.

Soldier

defined.

§ 3. The word "soldier, as used in this act, shall be taken to mean and include any officer, soldier, sailor, marine, nurse, or any other person regularly enlisted or inducted, who was in or is a part of the military forces of the United States, in the world war and who was a resident of the state of New York at the time he was commissioned, enlisted, inducted, appointed, or mustered into the military or naval service of the United States, and who has been or may be given an honorable or ordinary discharge or any other form of release from such service, 'except a dishonorable discharge, a discharge without honor or a discharge for the good of the service.

§ 2. This act shall take effect immediately.

1 Words " for words " 2 Words "

been permanently and totally disabled by reason of," substituted sustained a total."

permanently and totally disabled by reason of loss of sight," substituted for words "totally blind."

3 Words " any other form of" new.
4 Remainder of section new.

« ПретходнаНастави »