ch. 100, amended, by L. 1911, militia, constituting chapter thirty-six of the consolidated laws,” as amended by chapter one hundred of the laws of nineteen hundred and eleven, is hereby further amended to read as follows: § 101, as amended ch. 369, and L. 1912, 96. Re-enlistments. Any man who has served the period of his original enlistment may be re-enlisted for a term of two years or more 1if he is under the age of sixty-four years but not if he is over that age. No man above the age of forty-five years shall be re-enlisted except by permission of the commanding officer of the brigade or division to which the organization or corps is attached, or of the naval militia, if the re-enlistment be therein. A man applying for re-enlistment must pass the physical examination prescribed by regulations. § 2. Section one hundred and one of said chapter as amended by L. 1909, by chapter three hundred and sixty-nine of the laws of nineteen hundred and nine and by chapter one hundred and sixty-one of the laws of nineteen hundred and twelve, is hereby further amended to read as follows: ch. 161, amended. § 101. Taking up from dropped. An enlisted man dropped by reason of removal may be taken up at any time within three years after such removal, in his former or any other organization, obtaining in the latter case first the written permission of the commanding officer of the company in which he served when dropped, approved by the officer, or any successor in office to the officer upon whose order he was dropped. An enlisted man dropped for removal may be taken up at any time after three years after such removal, upon his own application, approved by the officer upon whose order he was dropped. The taking up shall be done under the orders of any officer who is authorized to order the dropping of men; and men thus taken up shall receive credit for the time served before having been dropped. An enlisted man taken up from dropped shall not be taken up on any report, return or roll or permitted to do duty until he has passed the physical examination required upon enlistment. The order under which he is taken up shall fix a time and place for such examination and if he neglect or refuse to attend or to be examined at that time and place or at any time and place to which the examination may be postponed he shall be discharged without honor; if he fail to pass the required examination he shall be discharged for physical disability. An enlisted man dropped be 1 Remainder of sentence new. cause he cannot be found cannot be taken up and the time he has served shall not be allowed or credited to him. 2An enlisted man shall not be taken up from dropped after he has reached the age of sixty-four years. § 3. Section one hundred and two of said chapter is hereby 102 amended to read as follows:3 § 102. Retirement. An enlisted man who has served faithfully twenty-five years in the national guard or naval militia, or both, either as private or non-commissioned officer, or both, may be withdrawn from active service by the governor at his own request and upon the recommendation of the officer under whose immediate command he is serving and either placed upon the retired list of enlisted men hereby created with the rank held by him at the date of his retirement or appointed or commissioned without examination a second lieutenant or ensign by brevet and placed upon the retired list of officers. An enlisted man who has reached the age of sixty-four years shall be withdrawn from active service by the governor and either placed upon the retired list of enlisted men created by this section with the rank held by him at the date of his retirement, or if his service entitles him thereto and his immediate commanding officer approves he may receive a brevet commission as in this section provided and be placed upon the retired list of officers. § 4. This act shall take effect immediately. amended. Chap. 568. AN ACT to amend the military law, in relation to allowances. Became a law May 16, 1913, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate and Assembly, do enact as follows: ch. 41, Section 1. Section two hundred and sixteen of chapter forty- L. 1909, one of the laws of nineteen hundred and nine, entitled "An act $216, as in relation to the militia, constituting chapter thirty-six of the consolidated laws," as amended by chapter one hundred and one, L. 1912, 2 Following sentence new. 3 Section materially amended. amended ch. 56, amended. laws of nineteen hundred and eleven, and by chapter fifty-six, laws of nineteen hundred and twelve, is hereby further amended to read as follows: § 216. Allowances for military organizations; military fund. On the certificate of the adjutant-general of the state the comptroller shall annually draw his warrant in favor of each county treasurer specified in such certificates, for the organizations of the active militia mentioned therein as follows: seven hundred and fifty dollars for each regiment of infantry and field artillery;1 twenty-five hundred dollars for each battery; fifteen hundred dollars for each troop, and one thousand dollars for each company of signal corps, field hospital, and ambulance company, to be expended for mounted drills and parades, and for the feed and shoeing of horses in the service of the state; two hundred and fifty dollars for each company of signal corps, field hospital, ambulance company, separate troop, battery, company or division; and for each regiment, battalion and squadron not part of a regiment, company of signal corps, field hospital, ambulance company, separate troop, battery, company and division, for the purpose of defraying other necessary military expenses, a sum equal to one dollar and sixty cents for each of its enlisted men present for duty at each of five of the compulsory drills or parades required in this chapter, which sums, together with the fines and penalties collected from delinquent enlisted men, shall constitute the military fund of such regiment, battalion or squadron not part of a regiment, company of signal corps, field hospital, ambulance company, separate troop, battery, company or division. For the purposes of allowances granted in this section the corps of engineers and officers and enlisted men of the coast artillery corps serving in an artillery district shall each be considered a regiment and enlisted men of any corps or department attached to or assigned to duty with any organization, corps or artillery district shall be considered as enlisted men of such organization, corps or artillery district. 2Separate troops, batteries, companies and divisions, if organized into squadrons, battalions or regiments, shall thereby not be deprived of the allowances granted each in this section. Muster and inspection when ordered shall be counted 66 1 Words "regiment of infantry and field artillery," substituted for words headquarters of a field artillery battalion." 2 Words " Squadrons not part of a regiment if organized into a regiment and," omitted. as one of the five compulsory parades required to obtain the an- when. § 2. This act shall take effect immediately, except such pro- In effect, visions thereof as relate to allowances to regiments of infantry and field artillery for mounted drills and parades, which shall not go into effect until December thirty-first, nineteen hundred and thirteen, or at such time prior to that date as the governor shall order. } Chap. 569. AN ACT to amend the domestic relations law, in relation to Became a law May 16, 1913, with the approval of the Governor. Passed, The People of the State of New York, represented in Senate ch. 19, subd. 3 Section 1. Subdivision three of section one hundred and eleven L. of article seven of chapter nineteen of the laws of nineteen hun- $111, dred and nine, entitled "An act relating to domestic relations, con- amended. stituting chapter fourteen of the consolidated laws," is hereby amended to read as follows: parents for of minor. 3. Of the parents or surviving parent of a legitimate child, and Consent of of the mother of an illegitimate child; but the consent of a parent adoption who has abandoned the child, or is deprived of civil rights, or divorced because of his or her adultery or cruelty, or adjudged to be insane, or to be an habitual drunkard, or judicially deprived of the custody of the child on account of cruelty or neglect, is unnecessary; 'excepting, however, that where such parents are divorced because of his or her adultery or cruelty, notice shall be given to both the parents personally or in such manner as may be directed by a judge of a court of competent jurisdiction. § 2. This act shall take effect immediately. 1 Remainder of subdivision new. L. 1909, ch. 23, Chap. 570. AN ACT to amend the executive law, in relation to the nonpayment of fees by certain state officers in certain cases. Became a law May 16, The People of the 1913, with the approval of the Governor. Passed, three-fifths being present. State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section eighty-four of chapter twenty-three of the laws of nineteen hundred and nine, entitled "An act in relation to executive officers, constituting chapter eighteen of the consolidated laws," is hereby amended to read as follows: $ 84. Certain searches, the filing of papers, and certified copies,1 ordered by state officers to be gratuitous. Each of the following officers, to wit: the secretary of state, the comptroller, the treasurer, the attorney-general, and the state engineer and surveyor, may require search to be made, in the office of either of the others, or of a county clerk, or of the clerk of a court of record, for any record, document, or paper, where he deems it necessary for the discharge of his official duties, and a copy thereof or extracts therefrom, to be made and officially certified or exemplified, without the payment of any fee or charge. 2No salaried officer of any city, county, or court, of this state, or any public officer who is required by law to deposit the fees collected in his office into any city or county treasury, shall be entitled to receive from said state officers, or from a bureau of said state officers, any fee for entering, filing, docketing, registering or recording any paper, record or document required by law to be filed in the office of any such city, county, court, or public officer, or for a certified copy, transcript or extract of any paper, document or record on file in such office which he deems necessary for the discharge of his official duties, and every such officer must, upon application therefor, furnish to said state officers, or a bureau of said state officers, for such official use, a certified copy, extract or transcript of any paper, record or document on file in such office without the payment of the fee prescribed by law therefor. § 2. This act shall take effect immediately. 1 Words "the filing of papers, and certified copies," new. 2 Remainder of section new. |