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L. 1909, ch. 41,

§ 219a, as

added by L. 1916,

ch. 609,

amended.

Chap. 635.

AN ACT to amend the military law, in relation to compensation of retired officers.

Became a law May 23, 1917, 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. Section two hundred and nineteen-a of chapter fortyone of the laws of nineteen hundred and nine entitled "An act in relation to the militia, constituting chapter thirty-six of the consolidated laws" as added by chapter six hundred and nine of the laws of nineteen hundred and sixteen is hereby amended to read as follows:

§ 219-a. Retired officers; compensation. officers; compensation. An officer of the national guard or naval militia who has been a commissioned officer thereof in active service for at least twenty-five years, and who has during fifteen consecutive years of such active service immediately preceding his retirement received an annual compensation from the state for performing military or naval duty and who has been dependent on such compensation for his support shall receive annually from the date of his retirement on reaching the age of sixty-four years, or upon his own application, or for physical disability and during the time he remains on the retired list seventy-five per centum of the annual compensation paid to him as aforesaid, at the date of his retirement. 1If an officer entitled under this section to be retired and to receive a per centum of his annual compensation dies or within six months prior to the date this act takes effect has died while mustered into the United States service and on duty under a call of the president his widow shall receive from the state annually during her life one-half of the amount which her husband would have received if he had been retired hereunder at the time of his death,

2. This act shall take effect immediately.

1 Remainder of section new.

Chap. 636.

AN ACT to re-enact section two of chapter four hundred and fifty-two of the laws of nineteen hundred and thirteen, entitled "An act to repeal chapter three hundred and fifty-five of the laws of nineteen hundred and seven, entitled 'An act to incorporate the Long Sault Development Company, and to authorize said company to construct and maintain dams, canals, powerhouses and locks at or near Long Sault island, for the purpose of improving the navigation of the Saint Lawrence river and developing power from the waters thereof, and to construct and maintain a bridge, and carry on the manufacture of commodities,' providing for the repayment to such company of certain moneys paid by it under such act, and making an appropriation therefor," providing for the repayment of the moneys paid to the state by the Long Sault Development Company, with the interest thereon, reappropriating certain moneys and making an additional appropriation therefor.

Became a law May 24, 1917, with the approval of the Governor. Passed by a two-thirds vote.

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

ch. 452,

enacted.

Section 1. Section two of chapter four hundred and fifty-two L. 1913, of the laws of nineteen hundred and thirteen, entitled "An act $2 reto repeal chapter three hundred and fifty-five of the laws of nineteen hundred and seven, entitled 'An act to incorporate the Long Sault Development Company, and to authorize said company to construct and maintain dams, canals, power-houses and locks at or near Long Sault island, for the purpose of improving the navigation of the St. Lawrence river and developing power from the water thereof, and to construct and maintain a bridge, and carry on the manufacture of commodities,' providing for the repayment to such company of certain moneys paid by it under such act and making an appropriation therefor," is hereby re-enacted to read as follows:

ment of

paid to

§ 2. The state comptroller is hereby authorized and directed Repayto cause the repayment and return to the Long Sault Develop- moneys ment Company of any and all sums paid by such company state by into the state treasury, under the provisions of section four of ult chapter three hundred and fifty-five of the laws of nineteen hun- ment.

Develop

pany.

Com

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dred and seven, with interest on said respective sums from the times of their several payments, upon securing proper vouchers therefor; such moneys to be paid out by the state treasurer upon the warrant of the comptroller from the moneys hereinafter appropriated therefor. Such company is continued in existence for the purposes only of receiving and giving proper vouchers for said moneys, making proper distribution or application thereof among its members or other persons entitled thereto, and the winding up of its affairs.

§ 2. The sum of thirty-six thousand three hundred and twenty dollars ($36,320), heretofore appropriated by chapter four hundred and fifty-two of the laws of nineteen hundred and thirteen, and re-appropriated by chapter seven hundred and twenty-eight of the laws of nineteen hundred and fifteen, for the repayment of certain moneys paid by said company into the state treasury under chapter three hundred and fifty-five of the laws of nineteen hundred and seven, is hereby reappropriated for the same purposes for which the said appropriation was originally made, and the further sum of ten thousand seven hundred and eighty dollars ($10,780) is hereby appropriated out of any moneys in the state treasury not otherwise appropriated for the purpose of making payment to said company of interest due in accordance with the provisions of said chapter four hundred and fifty-two of the laws of nineteen hundred and thirteen.

§ 3. This act shall take effect immediately.

Chap. 637.

AN ACT to amend the Dunkirk city charter, generally. Became a law May 24, 1917, with the approval of the Governor. Passed, three-fifths being present.

Accepted by the City.

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

Section 1. Section fifteen of chapter five hundred and thirtyeight of the laws of nineteen hundred and nine, entitled "An act to consolidate and revise the several acts relative to the city of Dunkirk," as amended by chapter one hundred and forty-three of the laws of nineteen hundred and ten, is hereby amended to read as follows:

15. Officers of the city of Dunkirk and tenure of office. The officers of the city of Dunkirk to be elected by the electors of the city shall be a mayor, five councilmen, a treasurer, a judge of the municipal court, three water commissioners, a city attorney, a city engineer, a street commissioner, two police and fire commis sioners, three assessors and a sealer of weights and measures. Each of the said officers above named, except the judge of the municipal court, the water commissioners and assessors, shall severally hold their respective offices for a term of two years until their successors are elected and qualified, and shall commence their term of office on the first day of January next succeeding the annual election, at which they are elected. The judge of the municipal court shall hold his office for a term of four years, and shall enter upon the duties of his office on the first day of January, next succeeding the annual election at which he was elected. The above named officers of the city of Dunkirk shall be elected at the general election and shall hold office for the following terms:

Mayor. The mayor shall be elected at the general election in nineteen hundred and nine, for a term of two years, and all succeeding mayors shall be elected for a like term and shall hold office until their successors are elected and duly qualified, 1and beginning with January first, nineteen hundred and eighteen, the mayor shall receive an annual salary of five hundred dollars, payable in equal monthly installments.

Councilmen. The common council of the city of Dunkirk shall be made up of five members, all of whom shall be residents of the eity of Dunkirk. The members of the common council shall hold office for a period of two years and shall be nominated and elected as follows: One councilman, to be known as councilman-at-large, shall be elected by the electors of the city at the general election in nineteen hundred and nine and every second year thereafter. He shall act as the presiding officer of the common council and vote upon all questions passed upon by that body, and in the absence of the mayor of the city, become acting mayor with the same power and duties possessed by the mayor. In the event of a permanent vacancy occurring in the office of mayor, from any cause, the councilman-at-large shall become acting mayor of the city and shall hold this office until the next succeeding annual election. The other four members of the common council shall be elected at the general election in nineteen hundred and ten. One

1 Remainder of sentence new.

from each ward in the city. The members from the first and third wards for a period of one year, and the members from the second and fourth wards for a period of two years, and thereafter councilmen shall be elected upon the expiration of the several terms and shall hold office for a term of two years and until their successors are duly elected and qualified. Each qualified elector of the city may vote for one councilman, nominated for each ward. Each of said councilmen shall be a resident of the ward which he represents, and his successor shall be a resident of the same ward. Commencing on January first, nineteen hundred and ten, the common council shall consist of the four members, whose term of office expires December thirty-first, nineteen hundred and ten, and the member of the common council who shall be elected by the city at large in November, nineteen hundred and nine. The members of the common council of the city of Dunkirk, shall, beginning January first, nineteen hundred and eighteen, each receive an annual salary of four hundred dollars, payable in equal monthly installments.

Treasurer. A treasurer shall be elected at the annual election in nineteen hundred and ten and every two years thereafter.

Judge of the municipal court. A judge of the municipal court shall be elected at the annual election in November, in nineteen hundred and nine, and every four years thereafter.

Water commissioners. Three water commissioners shall be elected at the general election in nineteen hundred and nine and hold their office for one, two and three years, respectively, and upon the expiration of their several terms of office a commissioner shall be elected for a term of three years.

City attorney. A city attorney shall be elected at the general election in nineteen hundred and nine for a term of two years. and every two years thereafter, and shall act for all departments and boards of the city of Dunkirk, and shall receive no other compensation excepting his salary.

City engineer. A city engineer shall be elected at the general election in nineteen hundred and nine for a term of two years, and every two years thereafter. The city engineer shall act as the engineer for all the boards and departments of the city of Dunkirk.

Street commissioner. A street commissioner shall be elected at 2 Following sentence new.

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