United States government to land and buildings in the counties United of Nassau and Suffolk under such conditions as the government States. of the United States may impose.

from state

water.

§ 15. The commission may and is hereby authorized to apply Transfer to the proper authorities of the state of New York for a transfer of lands of land under water, adjacent to any uplands under the jurisdic- under tion or control of said commission, and the land board or other state officials authorized to make and execute grants of land under water for and on behalf of the state of New York shall and they are hereby authorized and directed to make such transfers subject to such conditions and restrictions as to said board may seem proper, such transfers to operate as an appropriation of said lands under water by the state to park uses and purposes and a bar to any grants by the state of said lands under water so transferred, or any interest in the same to any other party or for any other purpose whatsoever.

lands of

ties.

In addition to the powers hereinbefore granted to it, the said Use of commission shall have power to improve, maintain and use the municipalilands of the municipalities adjoining the parks and parkways of the commission, with the consent of the local authorities having jurisdiction thereof.

of lands.

§ 16. The commission shall have power to, and shall from Acquisition time to time proceed to select, locate and acquire lands in the name of the people of the state of New York, within the limits of the above mentioned counties, or either of them and shall from time to time proceed to make the same available for use as public parks. Such lands may be acquired by gift, agreement, condemnation or entry.

by agree

owners.

with

§ 17. The commission shall have the power and is hereby given Acquisition the right to agree with the owners or persons interested in any ment real estate in which said commission is authorized to acquire the fee or any lesser interest, for the acquisition of said real estate, or any interest therein, and the compensation to be paid therefor; and the compensation so agreed upon shall be paid out of the moneys made available as in this act provided.

by con

or appro

priation.

§ 18. If the said commission shall be unable to agree with the Acquisition owners of or other persons having an interest in said real estate, demnation or if by reason of legal incapacity, or absence of such owners or persons interested as aforesaid, or if for any other reason, no agreement can be made for the purchase of said real estate, the same may be from time to time acquired by the commission by condemnation proceedings or by appropriation in the name of the state, except that none of the lands known as the plain or common Plain or lands of the towns shall be acquired by condemnation proceedings lands of or by appropriation in the name of the state. In any such proceeding any municipal corporation may and it, by its governing body is, hereby authorized to consent to the taking of property by the commission for park purposes for a nominal consideration.

common

towns.

nation pro

§ 19. The condemnation proceedings herein authorized shall Condembe instituted and carried on by the commission in its name and in ceedings, the manner provided by chapter nine hundred and twenty-three how carof the laws of nineteen hundred and twenty known as the con

ried on.

Special provisions for condemnation

proceedings.

demnation law and amendments thereto except as herein otherwise provided.

§ 20. In all condemnation proceedings herein authorized the following special provisions of law shall apply.

(1) The commission is specifically authorized to except from the operation of the proceeding and reserve to the owners thereof, Reservation easements to construct or maintain sewers, water and gas mains ments. or pipes, electric conduits, telephone or telegraph lines, but to make such exception and reservation effectual, the same shall be indicated and described in the judgment of condemnation.

f ease

Title acquired.

Clerical assistance and offices for commissioners.

Compensation of commis

sioners of appraisal.

(2) The title to be acquired in the condemnation proceeding, shall be acquired in the name of the state of New York and shall be a fee simple absolute, subject to such easements, if any, reserved to the owners, under the provisions of this act.

(3) In all condemnation proceedings, instituted pursuant to this act, it shall be the duty of the Long Island state park commission to furnish the commissioners of appraisal such necessary clerical assistance, including a stenographer, to make a record of their proceedings, and to furnish such suitable offices as may be necessary to enable them to fully and satisfactorily discharge the duties imposed upon them.

(4) In all condemnation proceedings, instituted pursuant to this act, each commissioner of appraisal, upon the confirmation of the report or other determination of the proceeding, shall be entitled to receive in full compensation for his services as such commissioner of appraisal, and in bar of all other claims for compensation and expenses, such an allowance as may be fixed and awarded by the court, as herein provided, not to exceed five dollars for every full hour, upon each day, which he attends a meeting of said commissioners of appraisal, and is actually and necessarily employed in the performance of the duties imposed upon him at the offices provided for such commissioners of appraisal, or at the meeting of such commissioners to view the premises, provided that such compensation shall not be paid until it shall have been awarded and fixed by order of the court upon five days' notice to the Long Island state park commission and upon proof by affidavit showing the nature and extent of the services rendered, the dates of rendering services, and the number of hours and parts of an hour necessarily occupied upon each date. A copy of such proof shall be served upon the said Long Island park commission with the notice of taxation. The Long Island from order state park commission, or any party or person aggrieved by the order fixing the compensation of said commissioners of appraisal, may appeal therefrom to the appellate division of said court. Such appeal shall be taken and heard in the manner provided by the code of civil procedure and the rules and practices of the said court in relation to appeals from orders in special proceedings, and such appeals shall be heard and determined by such appellate division upon the merits both as to matters of law and fact. But the taking of such appeal shall not operate to stay the proceedings under this act with respect to the order entered on

Appeal

fixing

compensa

tion.

the motion to confirm the said report or reports of said commissioners of appraisal.

of lands

§ 21. The commission, if it shall acquire lands by appropria- Acquisition tion, shall acquire them in the manner provided by section fifty- by appronine of the conservation law for the appropriation of certain priation. lands, and all the provisions of such section shall as far as practicable apply to the acquisition of such lands in the same manner and with the same effect as though the lands herein authorized to be acquired, were mentioned in such section.

ch. 474

superin

§ 22. Chapter four hundred and seventy-four of the laws of L. 1908, nineteen hundred and eight, entitled "An act to authorize the loca- repealed. tion, establishment, maintenance and use of certain lands in the towns of Islip and Babylon, county of Suffolk, for a state reservation to be called Fire Island state park," is hereby repealed. The Effect on superintendent and laborers employed by the said commissioners tendent and of the Fire Island state park hereby abolished shall be eligible for laborers transfer to similar positions with the Long Island state park com- Island mission. Such transfer shall not in any way affect the civil service state park. standing, right to pension, grade or compensation of any employee so transferred.

§ 23. This act shall take effect immediately.

CHAPTER 113

AN ACT to incorporate the Young Women's Christian Association retirement fund for the benefit of employed officers of Young Women's Christian Associations after their retirement from active service.

Became a law April 12, 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:

of Fire

Section 1. Theresa W. Paist, Antoinette D. Lapham, Mary M. CorpoBillings French, Katharine Lambert, Cornelia H. Baird, Dave H. rators. Morris, Lyman Rhoades, George H. Sexsmith and William D. Murray and their successors, are hereby created a body corporate Corporate by the name The Young Women's Christian Association Retire- name. ment Fund, Incorporated.

§ 2. The purpose of said corporation shall be to establish and Purpose. maintain a retirement fund for the benefit of those who have been employed officers of a Young Women's Christian Association, when they shall have retired from active service, and who become eligible to the benefits of the said fund under the conditions to be established by the board of trustees.

property.

§ 3. The corporation hereby formed shall have power to take Powers as and hold, by bequest, devise, gift, purchase or lease, either to absolutely or in trust for any of its purposes, any property, real or personal, without limitation as to the amount or value, except such limitation as the legislature shall hereafter impose; to convey such property and to invest and re-invest any principal and deal with and expend the principal and income of the corporation in

tion; con

and

by-laws.

such manner as in the judgment of the board of trustees will Organiza- best promote its objects. The persons named in section one of this stitution act, or a majority of them, shall hold a meeting and organize the corporation and adopt a constitution and by-laws not inconsistent with the constitution and laws of this state, which constitution and by-laws from time to time shall be subject to amendment. The constitution shall prescribe the number of trustees by whom the affairs and business of the corporation shall be managed, the qualifications, powers and manner of selection of the trustees and officers of the corporation, and any other provisions for the management and disposition of the property, and regulation of the affairs and fulfillment of the objects of the corporation which may be deemed expedient.

Not for pecuniary profit.

§ 4. This corporation is not established, and shall not be maintained or conducted, for pecuniary profit and shall have the status of a religious, educational or benevolent corporation. None of its trustees, officers, members or employees shall receive any pecuniary profits from the operation thereof, except reasonable compensation Application for services in effecting one or more of its purposes; it shall be ance law. subject to the provisions of sections thirty-nine and forty-five of the insurance law and amendments thereof, so far as the same are applicable thereto and are not inconsistent with the provisions of this act.

of insur

L. 1909, ch. 41, 8 7 amended.

§ 5. This act shall take effect immediately.

CHAPTER 114

AN ACT to amend the military law, generally.1

Became a law April 12, 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. Section seven of chapter forty-one 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 last amended by chapter five hundred and eighty-eight of the laws of nineteen hundred and twenty-one,2 is hereby amended to read as follows:

§ 7. Staff of the governor. The staff of the governor shall consist of the adjutant-general of the state, one military secretary who shall be detailed by the governor from the commissioned officers of the national guard or naval militia of a grade not above that of major or lieutenant commander, whose title shall be "military secretary of the governor, " and not more than eighteen aides of whom sixteen shall be detailed by the governor from the commissioned officers of the national guard or naval 1 The amendments effected by this act are so numerous and extensive that it is impracticable to indicate the changes made.

Previously amended by L. 1911, ch. 796; L. 1915, ch. 42; L. 1917, ch. 647.

4

militia, and two may be detailed by the governor from officers on the national guard reserve or state reserve list for officers. When any of the officers detailed under this section shall be called into active service of the United States, the vacancy thereby created may be filled in like manner by the governor. Officers detailed under this section shall not be relieved from their ordinary duties, except when actually on duty with the governor. The pay, traveling expenses and subsistence of the military secretary shall be defrayed from the appropriation made by the legislature for the executive department.

amended.

§ 2. Section ten of such chapter, as added by chapter five 10 hundred and sixty-eight of the laws of nineteen hundred and sixteen, and thus renumbered by chapter six hundred and forty-four of the laws of nineteen hundred and seventeen, is hereby amended to read as follows:

§ 10. Drafts or volunteers from the reserve militia into the national guard and naval militia. For the purpose of maintaining the national guard and naval militia at the standard of efficiency required for public safety, or of conforming to any organization now or hereafter adopted for the army of the United States or prescribed by the laws of the United States for the organization of the national guard or naval militia, the governor may also, at any time, call for volunteers or order that an enrollment be made of that part of the reserve militia residing in any city or town, and that a draft be made, or volunteers secured therefrom, of such number as may be required to make up or complete the complement of organizations of the national guard or naval militia or any part thereof located therein; the governor in such case, shall direct his order to the mayor of any city, or supervisor of any town, specifying the number required in each case, and upon the receipt of such order, the said mayor or the supervisor, as the case may be, shall proceed forthwith to enroll the reserve militia residing within such city or town and to draft therefrom the number specified, or he may accept as volunteers as many as are required by the governor to make up such quota, and shall forthwith forward to the governor a list of the persons so accepted as volunteers or drafted for such purpose. The names and addresses of all persons so drafted or volunteering, shall be certified by the governor to the commanding officers of the several regiments, battalions, squadrons, troops, companies or other units to which such persons are assigned for service, and the persons so named and certified shall be deemed for all purposes enlisted members of the organization and units of the national guard or naval militia, as the case may be, to which they are assigned, and entitled to all the rights and privileges and subject to all the obligations and duties of enlisted men therein, from and after the date of such certification, except those who may be found to be unacceptable or unqualified for service in the national guard or naval militia. Persons found unacceptable or unqualified for such service shall continue in the reserve militia and be subject to orders or drafts for service, under sections eight, nine and ten of this chapter.