expenditure of more than five hundred dollars shall be made or undertaken without the approval of the comptroller, to be indorsed upon detailed statements. Said superintendent may enter upon the lands of any corporation, individual or company or upon any leased lands, and carry salt and brine across the same in the same manner as hitherto, and by suitable and proper aqueducts or conduits, and shall maintain, repair and keep in proper condition for transmitting brine, the aqueducts and conduits heretofore laid by the state, its officers and agents and may replace the same wherever situated by other aqueducts or conduits for transmitting brine, and shall provide and place such new machinery and fixtures as may be necessary to pump and distribute such brine, paying to the owner or lessee of such lands the damages sustained by him, if he be legally entitled thereto, to be ascertained by mutual agreement, or by the appraisement of three commissioners appointed as prescribed in the condemnation law. (As amended by chap. 385 of 1900.)

§ 28. Ascertainment of quantity of water. The superintendent shall cause the quantity of water required for the efficient working of the pumps or other machinery for raising salt water from the wells and reservoirs now or hereafter to be constructed in any district, to be ascertained by competent engineers, and shall certify the same to the superintendent of public works, who on receiving such certificate shall cause such quantity of water to be at all times supplied to the Syracuse level of the canal, in addition to that usually required or supplied for the purpose of navigation, except when it shall be necessary to withdraw the water from such level for repairs. The certificate shall be filed in the office of the superintendent of public works and the amount of water thus ascertained to be necessary may be drawn from the canal for such purposes by the superintendent of the Onondaga salt springs, provided the navigation of the canal be not thereby impeded. All bulkheads, gates and other appurtenances required for taking and regulating the flow of such water shall be constructed and maintained by the superintendent of the Onondaga salt springs; and any property taken by virtue of this section shall be paid for by agreement or appraisement in the manner prescribed in the condemnation law.

§ 29. Numerical list of salt blocks to be kept.-The superintendent shall keep on file in each of the receivers' offices a numerical list of all the fine salt blocks containing the name of the owner or occupant of each, the several manufactories entitled to the first use of the water, and the date of any additional erections entitled to the surplus water, in the order of their erection. A similar list shall also be kept of the coarse salt erections entitled to the first use of the water, including the number of covers or rooms; and of all subsequent erections entitled to supplies from the surplus.

ately preceding his appointment, he must have been in active service in the national guard of this state as a commissioned officer; or if not in active service at the time of appointment, he must have had prior service of at least six years in the national guard of this state, or in the army of the United States, or in both combined, as a commissioned officer. Staff officers of officers below the grade of brigadier-general, except judge-advocates, medical officers, veterinary surgeons, chaplains and military pharmacists must have served one year preceding their appointments, in the national guard or naval militia of this state as the case may be, except that those in the naval militia may be credited with service in the United States navy or revenue marine. Staff officers of the major-general, brigadier-generals and commodore, except judge-advocates, surgeons and engineers, must be selected from the commissioned officers in active service in the national guard or naval militia of this state, who for one year immediately preceding their appointments, have been in active service in such national guard or naval militia as commissioned officers. A judgeadvocate must be a counsellor-at-law of the supreme court of this state of at least ten years standing if of the grade of lieutenantcolonel; of at least five years standing if of the grade of major or lieutenant-commander; and of at least three years standing if of the grade of lieutenant of the naval militia. Surgeons and assistant surgeons must be graduates of an incorporated school of medicine and of at least fifteen years practice if of the grade of colonel; of at least ten years practice if of the grade of lieutenantcolonel; of at least five years practice if of the grade of major or lieutenant-commander; of at least three years practice if of the grade of captain or (naval) lieutenant; and of at least two years practice if of the grade of first-lieutenant or lieutenant junior grade. An engineer officer of the national guard must have been educated as a military or civil engineer. An engineer lieutenant commander shall have been a commissioned marine engineer in the service of the United States, or shall hold a United States marine license not below the grade of chief engineer of ocean steamers of at least one thousand tons burthen. An engineer lieutenant and an engineer lieutenant junior grade shall have been a commissioned marine engineer in the service of the United States, or shall hold a United States marine license not below the grade of chief engineer of inland steamers of at least two hundred and fifty and one hundred tons burthen respectively. An engineer

superintendent to place his works in such a state of repair or to put them in a proper condition for the manufacture and preservation of good salt, he shall forfeit his right to the use of the salt water, and the superintendent may disconnect the communications between the state aqueducts and his cisterns until such manufacturer shall comply with the requisitions of the superintendent.

§ 32. Unauthorized communications.-No manufacturer or other person shall open or aid, assist, counsel or advise in opening the communication between any manufactory or salt work and the logs or conduits leading to or connecting with the state reservoirs without the consent of the superintendent or one of his deputies. Every person violating the provisions of this section shall forfeit to the state the sum of one hundred dollars for every such violation. The owners of any salt works surreptitiously receiving a supply of salt water by such means shall forfeit and pay to the state a like sum on demand of the superintendent; and in default of payment shall be deprived of his supply of water until such demand shall be complied with.

8 33. Discharge of laborers for neglect. The superintendent shall require the discharge of every boiler, packer or other laborer employed by any manufacturer who shall neglect or refuse to obey his or his deputies directions in and about any salt works or manufactory respecting the manufacture, packing or care of salt produced by such manufacturer, and to be offered for inspec tion; and each person so discharged shall not be again employed by any person in the manufacture of salt without the consent of the superintendent.

834. Earthworks.-The superintendent may, whenever the construction of any earthwork requiring the services of an engi neer shall be undertaken by him, apply to the state engineer for the services of an engineer, who may, by a written order, if in his judgment, the interests of the state will be promoted thereby, direct the resident engineer of either the Oswego or Erie canal to assume the charge of such work under the direction of the superintendent of the Onondaga salt springs, and to make surveys, maps, profiles, estimates and measurements thereof.

35. Charges against the state; estimates to be made out.— All charges against the state or liabilities incurred for, the support and maintenance of the Onondaga salt springs shall be audited and paid by the superintendent from the moneys advanced to

tia, officers of the signal corps, the extra officers allowed to regiments, battalions and squadrons for staff duty, surgeons and assistant surgeons of regiments, battalions and squadrons not part of regiments, assistant surgeons of separate troops, batteries, separate companies and divisions, veterinary surgeons, chaplains and military pharmacists, shall be appointed by the governor upon the recommendation of their immediate commanding officers. When the governor desires to create new organizations, he shall have the power in the first instance to appoint all the officers necessary to commence and complete such organizations. (As amended by chap. 746 of 1900.)

§ 56. Elected officers.-Brigadier-generals shall be chosen by the field officers of the line of the brigade and the commanding officers of separate troops, batteries and separate companies, not part of a regiment, battalion or squadron, but in such brigade, or may be appointed by the governor whenever he shall so determine and direct. If any vacancy or vacancies exist in the position of field officer of the line, the ranking company or troop commander or commanders of the organization in which the vacancy or vacancies exist, shall be entitled to vote. Colonels, lieutenant-colonels and majors, commanders and lieutenant commanders, except as otherwise provided in the preceding section, shall be elected by the field officers of the line, and the commissioned officers of the companies or divisions, of the regiment, battalion or squadron not part of a regiment. Captains and lieutenants and ensigns of troops, batteries, companies and divisions, shall be elected by the members of the respective troops, batteries, companies or divisions, who shall have performed during the period of their membership, not exceeding twelve months preceding the election, at least sixty per centum of the duty required of their troop, battery, company or division and who shall not be indebted at the time to the civil association of such troop, battery, company or division, organized as provided in this chapter.

§ 57. Elections.-The major-general shall issue orders for the election of a brigadier-general when the governor directs. Commanding officers of brigades shall issue orders for the election of colonels of regiments and majors of battalions and squadrons not part of regiments; the commodore or captain of the naval militia shall issue orders for the election of commanders of battalions. Colonels of regiments and majors of battalions and squadrons not part of regiments, and commanders of battalions of the naval

militia, shall issue orders for election to fill all other vacancies, to be filled by election, that may exist in their respective commands. For the election of officers of separate troops, batteries and separate companies and divisions, these orders shall be issued by the respective brigade commanders or the commodore or captain of the naval militia, as the case may be. The officer ordering an election shall detail an officer to preside thereat and shall give or cause to be given at least five days' notice to all the qualified voters when and where and for what office the election is to take place. Such notice shall be served on the persons entitled to vote at such election in the same manner as warnings for duty are given. The person or persons serving such notice shall make return of the persons notified and of the manner of service. The return, if made by a commissioned officer, shall be authenticated by his certificate on honor; if by a non-commissioned officer, by the oath of the person making such service. The oath may be administered by any person authorized to take the acknowledg ment of deeds or by any commissioned officer, and such return. shall be presented to the officer directed to preside at such election before the polls for such election shall be opened. The commanding officer of the organization in which such election is held shall before the polls are opened present to the officer directed to preside, a list of the persons qualified to vote thereat and a list of persons disqualified with a statement of the facts constituting such disqualification. If such disqualification shall be caused by the non-payment of indebtedness, it may be removed by the payment of such indebtedness at any time before the polls shall be closed. At the time fixed for the election, the officer ordered to preside thereat, or in his absence an officer authorized by him to act for him, or in the absence of such an officer, the commissioned officer highest in rank of those present, shall announce the purpose in hand and open the polls. If it shall happen at any election that legal notice has not been given to all the persons entitled to vote thereat, the presiding officer shall adjourn the meeting and cause such notice to be given; but the presence of a person entitled to vote at any election shall be deemed a waiver of his right to take exception to the want of legal notice to him. If any person offering to vote at any election shall be challenged as unqualified, by any person entitled to vote thereat, the presiding officer shall declare to the person so challenged the qualifications of an elector, and if he shall state himself duly qualified, and the challenge