justices Bull, justices of the peace of the town of Wallkill, in the county of legalized. Orange, since the date of the commencement of their terms of office, respectively, are hereby declared as valid and of as full effect as if they Suits or had filed their respective bonds within the time required by law. But proceed. ings com- this act shall, in no way, affect the rights of any party to any suit or not affect any proceedings commenced previous to the passage of this act before said justices. menced ed. To take oath of office and § 2. The said Samuel H. Corwin, Abraham Van Nest Powellson, William H. Stoddard and Harrison Bull may, within ten days after file bonds. this act shall take effect, make and file official bonds as justices of the peace, and they shall thereupon be entitled to enter upon, and discharge their duties as such justices of the peace during the residue of their respective terms of office. Time within tion to be § 3. This act shall take effect immediately. Chap. 27. AN ACT further to amend chapter six hundred and eightyone of the laws of eighteen hundred and seventy-three, entitled "An act to establish communication between Richmond county and New Jersey, incorporating the Tubular Transit Company of Staten Island." Passed February 21, 1876. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section five of chapter six hundred and eighty-one of the laws of eighteen hundred and seventy-three, entitled "An act to establish communication between Richmond county and New Jersey, incorporating the Tubular Transit Company of Staten Island," is hereby further amended so as to read as follows: § 5. The said corporation shall, before the first day of June, eighteen hundred and seventy-eight, have completed its organization and have ganiza- paid in not less than fifty per cent. of its capital, and have actually perfected commenced work, and have filed a certificate thereof in the office of and work the Secretary of State; and it shall, within two years thereafter, have menced. completed and in operation at least one of its tunnels; and in default thereof this act shall be null and void. com Penalty for not complying with provisions of this act. Addition § 2. This act shall take effect immediately. Chap. 28. AN ACT to provide for an additional justice of the peace in the town of Onondaga, county of Onondaga. Passed February 21, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: A justice of the peace shall be elected at the next annual al justice town meeting in the town of Onondaga, in the county of Onondaga, in addition to those now authorized by law. He shall enter upon the of the peace, and term duties of his office on the first day of January succeeding his election Election and shall continue in office for four years. Thenceforth the election of office. and official term of said justice shall conform to those of justices of peace of towns. the and §2. Said justice of the peace shall have all the powers, be subject to Powers all the liabilities, and perform the duties of the justices of peace of duties. towns. §3. This act shall take effect immediately. Chap. 29. AN ACT to amend chapter eighty of the laws of eighteen hundred and seventy, entitled "An act to provide for the enrollment of the militia, for the organization of the National Guard of the State of New York, and for the public defense, and entitled the Military Code." Passed February 28, 1876; 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: SECTION 1. Section forty-two of chapter eighty of the laws of eighteen hundred and seventy, entitled "An act to provide for the enrollment of the militia, for the organization of the National Guard of the State of New York, and for the public defeuse, and entitled the Military Code," is hereby amended so as to read as follows: Inspector $42. It shall be the duty of the Inspector-General to visit, at least Duties of once in every two years, each regimental and battalion district in the General. State. He shall critically inspect, as often as he may deem necessary, every branch connected with the military service, including armories, arsenals and military store-houses; and he shall report to general head-quarters the improvement in discipline and tactical instruction of the National Guard, as well as other matters appertaining to his department. The General Inspector of rifle practice shall have charge General of rifle practice throughout the State, and shall direct the manner in Inspector which the same shall be conducted. He shall report direct to the practice. Inspector-General. The division, brigade, regimental and battalion inspectors of rifle practice shall perform such duties as may from time to time be prescribed by the General Inspector of rifle practice, with the approval of the Inspector-General. On the approval of the Com- Expendimander-in-Chief, expenditures may be made from the appropriations rifle ranfor military purposes, for services and expenses in maintaining rifle ges. ranges, and promoting rifle practice in the National Guard. §2. Section seventy of said act is hereby amended so as to read as follows: of rifle tures for officer. § 70. In case of the election or appointment of a supernumerary Supernuofficer to office in a regiment, battalion, troop, battery or company, he cer may be commissioned with rank from the same date as that conferred by his previous commission for like office; and the Commander-inChief may assign any supernumerary officer of sufficient rank to fill a vacancy on the staff of any Major-General or Brigadier-General or commandant of regiment or battalion who requests the same. See 6 of article eleven of the Constitution of the State of New York. Terms of service of non commis sicians vates. § 3. Section two hundred and fifty-three of said act is hereby amended so as to read as follows: § 253. Every non-commissioned officer, musician and private of the National Guard originally enlisting shall be held to duty therein for sioned of. the term of five years, and in case of re-enlisting, for the term for ficers, mu- which he re-enlists, unless disability after enlistment shall incapacitate and pri. him to perform such duty, and he shall be regularly discharged in consequence thereof by the commandant of his regiment, battalion, separate troop, battery or company; provided, however, that every such non-commissioned officer, musician and private, shall continue to be held to duty, and shall retain his rank and be eligible to promotion, after the expiration of his term of enlistment or re-enlistment, so long as he or the commandant of his troop, battery or company omits to apply for his discharge, as provided in the next succeeding section; and on such application being made, his discharge shall not be granted until the expiration of three months from the date of the application; except when the application is made by the commandant of his troop, battery or company, in which case the discharge may be granted immediately, and also further provided that every non-commissioned officer, musician and private who enlisted prior to the first day of May, eighteen hundred and seventy-five, shall serve the whole length of the Members term for which he enlisted. Every commissioned officer, and every al Guard non-commissioned officer, musician and private of the National Guard exempt shall be exempt from jury duty during the time he shall perform military service; and every such person who shall have so served five or more years and been honorably discharged, shall forever after be exempt from jury duty. Except as herein otherwise provided, no noncommissioned officer, musician or private of the National Guard shall be discharged from service except for physical disability or expiration Discharg- of term of enlistment. Discharges for physical disability shall be physical granted only upon the certificate of the regimental or battalion surdisability. geon, and in the case of a separate troop, battery or company, of the of Nation from jury duty. es for surgeon of the division or brigade to which such separate troop, battery or company is attached; always provided, however, that the commandant of each division may, for sufficient reason, and in his discretion, grant discharges to enlisted men in his division, at any time, upon the recommendation of the commandant of the troop, battery or company, with the approval of the commandant of the regiment or battalion and of the brigade to which they belong, and in the case of a separate regiment, battalion, troop, battery or company attached to a division, upon the recommendation of the commandant of such sepaEnlisted rate regiment, battalion, troop, battery or company; but no enlisted count for man shall be discharged from service unless he produces the certificate property of his immediate commanding officer that he has turned over or satisthem be. factorily accounted for all property issued to him. Commanding officers of divisions, regiments and battalions, and of separate troops, Com- batteries or companies, shall make returns to the Adjutant-General, on manding the last day of March, June, September and December, in each year, of report to all discharges granted by them during the previous three months, Adjutant giving the names and grades of the persons so discharged, and specifydischarging the causes for which discharged. men to ac issued to fore dis charge. officers to General es granted. Discharge § 4. Section two hundred and fifty-four of said act is hereby amended so as to read as follows: § 254. Whenever any non-commissioned officer, musician or private of non- of the National Guard shall have performed service therein for the sioned of term of five years from the date of his enlistment, or for the term for commis sicians which he may have re-enlisted, properly uniformed, armed and ficers, muequipped, according to the provisions of this act, he or the command- and pri ant of his troop, battery or company shall be entitled to apply for his vates. discharge from the service; and, upon his so applying, and presenting the certificate of the commandant of his troop, battery or company, that he has performed such service, and that he has turned over or satisfactorily accounted for all property issued to him, which certificate the said commandant shall give him, if warranted by the facts, or upon the commandant of his troop, battery or company so applying and certifying to such facts, the commandant of the regiment or battalion to which he belongs, or in case of a separate regiment, battalion, troop, battery or company, the commandant of the brigade or division to which it is attached shall grant him a full discharge from the service at the expiration of three months from the date of the application; but if the application be made by the commandant of his troop, battery or company, the discharge may be granted immediately, for sufficient reason and in his discretion, by the officer authorized to grant the same. conflict § 5. All acts or parts of acts conflicting with the provisions of this Acts in act are hereby repealed; but such repeal shall not affect any legal pro- repealed. ceedings commenced under such conflicting acts. § 6. This act shall take effect immediately. Chap. 30. AN ACT to amend chapter five hundred and twenty of the laws of eighteen hundred and seventy, entitled "An act to establish and maintain a police force in the city of Troy," and to increase the powers and duties of the police commissioners of said city. Passed February 28, 1876; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Section three of chapter five hundred and twenty of the laws of eighteen hundred and seventy, entitled "An act to establish and maintain a police force in the city of Troy," is hereby amended so as to read as follows: sioners, and terms §3. The police board of the city of Troy shall consist of three commissioners, to be appointed by the mayor of said city for the time being, as follows: On the first Tuesday of March next, two electors of Three said city, one from each of the two principal political parties, shall be commisappointed by the mayor as such commissioners, whose term of office how ap shall commence on the second Tuesday of March eighteen hundred and pointed, seventy-six, to take the place of the present commissioner, whose term of service. of office expires on that day, and of the mayor, whose connection with the board as one of said commissioners, is hereby terminated. One commissioner shall be appointed by the mayor, whose term of office shall commence on the second Tuesday of March, eighteen hundred and seventy-seven, to take* place of the present commissioner, whose term of office expires on that day. The term of office of said commissioners shall be three years. The said commissioners of the police board So in the original. To be excise commissioners. License fees and fines and penalties. of the city of Troy-one of whom shall be chosen president of said board-shall each receive an annual salary of one thousand dollars, payable in such manner as the police board of the city may direct. § 2. Section five of said act is hereby amended so as to read as follows: § 5. The said board of police commissioners shall be, by virtue of their office, excise commissioners of the city of Troy, and shall possess the powers conferred, and discharge the duties imposed, upon boards of excise in cities by law, and there shall be no other board of excise in said city. All fees for licences which shall be issued by said board of police acting as such board of excise in the city of Troy, and all fines Board of and penalties provided for by said chapter shall be received by said board of police, and shall be paid to the chamberlain of the city of Troy, monthly, for the use and benefit of the poor fund of the said city and toward paying the expense of maintaining the poor of said city. The said board of excise shall have power to appoint a clerk of said board at an annual salary of one thousand dollars, payable quarterly, to excise but no additional compensation shall be paid said commissioners of police for acting as commissioners of excise. excise may ap commis- Oath of office. Record of ings. § 3. Section six of said act is hereby amended so as to read as follows: § 6. The persons so selected and appointed by the mayor, police commissioners, or hereafter selected and appointed, shall thereupon, and before their term of office commences, take and subscribe before the mayor or any judge of a court of record, an oath or affirmation faithfully to perform the duties of his office, which oath or affirmation shall be filed in the office of the city clerk. § 4. Section seven of said act is hereby amended so as to read as follows: 7. The said police board shall keep a record of their proceedings, proceed and they shall appoint one of their number to be secretary of the board. Such secretary shall have the custody of all books and papers belonging to the board, but the same shall be at all times open to the inspection of each of the said commissioners, and of the public. Vacancies. Mayor may sus pend com. § 5. Section nine of said act is hereby amended so as to read as follows: § 9. Upon the expiration of the term of office of said commissioners, either by the expiration of their term of office, death, removal from the city, or for any other cause, the mayor shall appoint in the mode and manner provided in section three of this act, commissioners to fill the vacancies, whose term of office shall be, if to fill the vacancy of the term of office of a commissioner whose term has expired, three years, if to fill the vacancy of a commissioner whose term of office has ceased for any cause other than expiration of term of office, then and in this case the term of such commissioner shall be for the remaining unexpired term of such commissioner. § 6. Section ten of said act is hereby amended so as to read as follows: § 10. The mayor of the city of Troy shall have power to suspend any of the commissioners hereby appointed, in the mode and manner now mission provided by the charter of the city of Troy, for the suspension or removal from office of city officers. ers. Summary trials of members of police force. § 7. Section twenty-two of said act is hereby amended by adding thereto the following: But nothing in this act contained shall be so construed as to prevent the said board of police commissioners from summarily arraigning and |