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except such independent military organizations as were on the twenty-third day of April, eighteen hundred and eighty-three, and now are, in existence, shall associate themselves together as a military company or organization, or parade in public with firearms in any city or town of this state. No city or town shall raise or appropriate any money toward arming or equipping, uniforming or in any other way supporting, sustaining or providing drill-rooms or armories for any such body of men; but associations wholly composed of soldiers honorably discharged from the service of the United States, or members of the order of Sons of Veterans may parade in public with firearms on Decoration day or upon the reception of any regiments or companies of soldiers returning from such service, and for the purpose of escort duty at the burial of deceased soldiers, and students in educational institutions where military science is a prescribed part of the course of instruction may, with the consent of the governor, drill and parade with firearms in public under the superintendence of their teachers. This section shall not be construed to prevent any organization authorized to do so by law from parading with firearms, nor to prevent parades by the national guard or naval militia of any other state. The independent military organizations mentioned in this section, not regu larly organized as organizations of the national guard, are hereby made subject to the orders of the governor in case of emergency or necessity, to aid the national guard in quelling invasion, insurrection, riot or breach of the peace, provided the officers and members of such organization shall, when so called upon, first sign and execute and deliver through their commanding officer to the officer commanding the national guard, to whom it is ordered to report, a form of enlistment in form to be prescribed by the governor in regulations or orders for a term not less than thirty days nor more than ninety days at one time; and if the service of such organization shall not be required for the full term of their enlistment, they shall be discharged by the order of the governor. All members of such independent organizations when called into the service of the state, as herein provided for, shall be equipped and paid by the state, and shall be protected in the discharge of their duties, and in obeying the orders of the governor, as though a part of the national guard of the state. Any person violating any provision of this section shall be deemed guilty of a misdemeanor.

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and the mayor and comptroller of the city are authorized and directed to sign such stock which shall be redeemable in not less than ten nor more than fifty years from the date of issue and shall bear interest at a rate not exceeding four per centum per annum. It shall be the duty of the city clerk to attest such stock and seal the same with the common seal of the city, and the board of estimate and apportionment and the municipal assembly are hereby authorized and directed to cause to be raised upon the property subject to taxation in The City of New York such sums of money as may be required to pay the interest on such stock and redeem the same at maturity. The work necessary to be done and the materials necessary to be furnished for erecting armories, and for the furnishing thereof when first erected and for alterations and enlargements of armories as in this section above provided shall be done and furnished respectively under the direction and supervision of the armory board, under contracts made at public letting pursuant to the general provisions of law as to public contracts in The City of New York. The comptroller is authorized and required to pay, on the requisition of the armory board, the amount certified by it, from time to time, to be due, in such manner as he shall direct and the amount of any appropriation or bond issue shall not be exceeded in incurring expenditures under this section. The commissioners of the sinking fund may also, in their discretion, appropriate any plot or plots of land belonging to the city and not already appropriated to some other public use, as locations on which armory buildings may be erected. The title to property acquired under this section through the approval of the commissioners of the sinking fund shall be vested in the corporation of The City of New York. All repairs to, and except as above provided, all furnishing of, armories in The City of New York shall be done by said city and all utensils, materials and supplies certified by the auditing board of an organization quartered therein to be necessary for the cleaning, care and preservation of the portion of the armory used or occupied by said organizations or of the arms, uniforms, equipments and furniture used or kept by said organization in such armory shall be supplied by said city, as hereinafter in this section provided. The commanding officer of each organization of the active militia quartered in The City of New York, shall before the first day of September in each year, prepare and submit to the armory board an itemized estimate of the necessary

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expenditures to be made during the ensuing year for repairs to and furnishing of armories and utensils, materials and supplies to be furnished by said city. On or before the twentieth day of September in each year the armory board shall revise said estimate and determine the amount necessary to be expended for the purposes aforesaid in the ensuing year and shall thereupon and before October first certify the amount so fixed to the commissioner of public buildings, lighting and supplies of said city, who shall include said amount in and present the same to the board of estimate and apportionment as part of his departmental estimate for the ensuing year, and the said board of estimate and apportionment and the municipal assembly shall include said. amount in the final budget for the ensuing year. The sum so appropriated shall be expended by and under the direction of the commissioner of public buildings, lighting and supplies, who shall from time to time as may be necessary, advertise in the City Record and the corporation newspapers for not less than ten days for all utensils, supplies, work, labor and materials and shall award contracts for the same to the lowest bidders, who shall give adequate security for the faithful performance of such contracts, except that in case of an emergency said commissioner may cause repairs immediately required to be done without calling for competition at an expense not exceeding one thousand dollars in any one instance. No payment shall be made by the comptroller from the appropriation aforesaid except as follows: In the case of supplies upon the written approval of the claim by the commanding officer of the organization receiving the supplies, and in the case of repairs to an armory upon like approval by the ranking line officer commanding an organization quartered therein.

§ 135. New sites for armories in The City of New York.-The armory board mentioned in the last preceding section is authorized and empowered, subject to the approval of the commissioners of the sinking fund of the city, to select, locate and lay out such and so many sites for armories within such city as such board and the commissioners of the sinking fund shall, from time to time, deem necessary to be acquired. No site shall be located in any park or public place or on land now occupied by a reservoir. When the armory board shall have selected a site, it shall cause a survey, map or plan thereof to be prepared, and shall submit the same with such other information as it may deem necessary, to the commissioners of the sinking fund for their approval

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or disapproval. If the commissioners of the sinking fund shall approve of such site and consent to the acquisition thereof for the purpose of an armory, such approval and consent shall be endorsed upon or attached to such survey, map or plan, and shall be signed by not less than a majority of such commissioners, of whom the comptroller must be one. Such survey, map or plan, with such approval and consent indorsed upon or attached to it, shall be filed in the office of the register of The City of New York, and a true copy thereof, certified to by the chairman of the armory board and the commissioner of public buildings, lighting and supplies of the city, shall be filed in the office of such commissioner. The survey, map or plan provided for in this section shall be made by the department of public buildings, lighting and supplies upon the requisition of the armory board and the expense thereof shall be charged against it and paid out of any appropriation raised for said department in the discretion of the commissioner at the head thereof. Whenever and as often as any site, so as aforesaid selected by said armory board, shall have been approved by the commissioners of the sinking fund and duly certified as hereinbefore provided, and the survey, map or plan certified, the said armory board may, with the approval of the board of estimate and apportionment, purchase said site, or by the corporation counsel of said city make application to a special term of the supreme court in and for the first department for the appointment of three discreet and disinterested persons being residents of the city of New York, as commissioners of estimate, whose duty it shall be to make a just and equitable estimate of the loss and damage to the respective owners, lessees, parties and persons respectively entitled to or interested in the said lands, tenements, hereditaments and premises, and to make report thereof to the said supreme court with due diligence. Except as herein otherwise provided, the proceedings to acquire such title shall be the same as are prescribed for the acquisition of lands and interests therein for public purposes by chapter twenty-one of chapter three hundred and seventy-eight of the laws of eighteen hundred and ninety-seven, known as the Greater New York Charter, and with like effect, but where commissioners of appraisal have been appointed by the supreme court prior to the time of the taking effect of this act, the proceedings in which such appointments have been made shall be conducted in all respects as if this act had not been passed. The counsel of

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the corporation of The City of New York shall act as attorney for the armory board in such proceedings. The title to any property acquired in any such proceedings shall be vested in The City of New York. The damages and expenses incurred in the proceedings for the acquisition of the title to any such site shall be met and paid by The City of New York, under or pursuant to the provisions of the last preceding section. The method prescribed in this section for the acquisition of sites for armories in The City of New York shall not be deemed to be exclusive of the method prescribed by the last preceding section.

§ 136. Acquisition of sites by boards of supervisors.-The board of supervisors of any county in which any state armory is now to be built or is hereafter required to be erected for the use of the active militia in such county, are authorized to purchase a suitable site for the erection of such armory, to be approved by the armory commission, the title to which shall be taken in the name of and be vested in the people of this state. If such board is unable to agree for the purchase of such site with the owners thereof, the chairman of such board shall acquire title to such property in the name of the people of the state under the condemnation law, and such board, when notified by its chairman. that any land has been purchased or acquired pursuant to the provisions of this section, shall appropriate such sums as shall be necessary for the payment of the purchase price or cost of such property, together with the cost of acquiring the title thereto, and for the grading, filling, excavating, draining, paving streets, flagging sidewalks, fencing such property, providing sewer connections and the furnishing and equipping of the armory when built, which shall be county charges. Whenever any real prop. erty is taken for the purpose of erecting a state armory thereon, the buildings on such property or the old materials in the same, may be sold at public or private sale for the best price that can be obtained, and if the property is taken by the state the net sum realized therefrom shall be paid into the state treasury, and if taken by a county, to a county treasurer of said county, or it may be used for the improvement of the property taken by the authorities authorized to erect such armory. This section shall not apply to or affect that portion of the several counties lying within the boundaries of The City of New York.

§ 137. Control of armories.-Every armory shall be under the control and charge of the ranking line officer commanding an

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