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LAWS

OT TELE

STATE OF NEW YORK.

,

PASSED AT THE

NINETIETH SESSION

OF THL,

LEGISLATURE

BEGUN JANUARY FIRST, AND ENDED APRIL TWENTIETA, 1867,

IN THE CITY OF ALBANY.

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ALBANY:
WEED, PARSONS & COMPANY, PRINTERS.

1867.

CERTIFICATE.

STATE OF NEW YORK,

SECRETARY'S OFFICE.

Albany, July 10, 1867. Pursuant to the directions of the act entitled "An act relative to the publication of the Laws,” passed April 12, 1843, I hereby certify that the following volume of the Laws of this State, was printed under my direction.

FRANCIS C. BARLOW,

Secretary of State.

In this volume, every act which received the assent of a majority of all the members of the Legislature, three-fifths of all the members elected to either House thereof being present, pursuant to section 14, of article 7, of the Constitution of this State, is designated under its title by the words "Three-fifths being present." [See Laws of 1847, vol. 1, chap. 253.]

And every "act which received the assent of two-thirds of all the members elected to each branch of the Legislature,” pursuant to section 9, of article 1, of the Constitution, is designated under its title by the words "By a two-thirds vote." [See Laws of 1842, chap. 306.]

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Chap. 501 AN ACT to alter the commissioners map of the city of Brooklyn.

Passed April 22, 1867; three-fifths beiring present. The People of the State of New York, represented in Svate and Assembly, do enact as follows :

SECTION 1. All that portion of Smith street asjad down upon the map made by the commissioners: appointed to lay out streets, avenues and squares in. the city of Brooklyn, lying south-westerly of Hamiltou avenue, as also laid down upon said map, is hereby discontinued and closed; but this act shall not take effect unless and until the owners of the land to be taken shall have laid out and dedicated to the public use for a public street, a strip of land sixty feet wide, parallel with, and two hundred and twentyfire feet easterly from Court street, and extending froin Hamilton avenue to Percival street. 32. This act shall take effect immediately.

Chap 502. AN ACT to amend an act entitled "An act to provide for the enrollment of the Militia, the organization and discipline of the National Guard of the State of New York, and for the public defense,” passed April twenty-third, eighteen hundred and sixty-two, designated as the Military Code of the State of New York.

Passed April 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

SECTION 1. Subdivision two of section one, sections four, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, eighteen, twenty-six, thirty, one hundred and two, one hundred and twenty-one, one bandred and twenty-six, one

hundred and twentyseven, one hundred and thirty-eight, one hundred and thirty-nine, one hundred and forty, one hun

Who ex. empt.

Enrollment of unualformed militia.

dred and forty-two, one hundred and forty-six and two hundred and eighteen of chapter four hundred . and seventy-seven of the laws of eighteen hundred and sixty-twe, designated as the military code of the State of New York, are hereby amended so as to read as follows:

2. Persons who have been or hereafter shall be regularly and honorably discharged from the regular or volunteer army or navy of the United States, in consequence of the performance of military duty, in pursuance of any law of this State, and such firemen as are now exempted by law.

$ 4. Under the direction and superintendence of the commander-in-chief, all persons liable to military duty in this State, who are not already members of the organized militia, shall be annually enrolled in such manner, and under such rules and regulations as the commander-in-chief may from time to time prescribe, and by and under the direction of such officers as he may appoint; but no person shall be so appointed who is not an officer or member of the national guard and amenable to military law for any neglect or dereliction in the discharge of such duty. Such enrollment shall distinctly specify the names and residences of the persons enrolled, and shall divide the same into two classes, the persons between the ages of eighteen and thirty years to constitute the first class, and the persons between the ages of thirty and forty-five years to constitute the second class; but the erroneous classification of any person liable to do military duty, shall not relieve him from any of the penalties prescribed by law for non-per

formance of such duty. Such enrollment shall be pore Sulg ist made and completed in each year on or before the first

day of July. The officer making such enrollment shall, at the time of making the same, serve upon each person enrolled a notice, by delivering the same personally, or by leaving it with some person of suitable age or discretion, at his place of residence,

that he is enrolled as liable to military duty, and that claiming ex. if he claims that he is for any reason exempt from

military duty, he must, on or before the fifteenth day of August then next ensuing, file a written state

To be com

in each year.

Person

file statement.

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