-^W; CORNELL UNIVERSITY LIBRARY FROM R.Southworth Cornell University Library UB504.N7 A3 1911 The military law of the state of New Yor olin 3 1924 030 743 516 Cornell University Library The original of tliis book is in tlie Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924030743516 THE MILITARY LAW OF THE STATE OF NEW YORK February 17, 1909 As Amended to November i, 19 n WITH RELATED EXTRACTS FROM OTHER STATUTES OF THE STATE ALBANY J. B. LYON COMPANY, STATE PRINTERS igi I Ctiap. 41. AN ACT in relation to the militia, constituting chapter thirty -six of the consolidated laws. Became a law, February 17, 1909, with the approval of the Governor. Passed by a' two- thirds vote. The People of the State of Neio York, represented m Senate and Assemily, do enact as follows: CHAPTER 36 OF THE CONSOLIDATED LAWS. MILITAKY LAW. Article I. The militia of the state. (§§ 1-22.) II. The national guard of the state. (,§§ 30-40.) III. The naval militia of the state. (§§ 60-59.) IV. Commissioned officers of the national guard. (§§ 70-85.) V. Enlisted men of the national guard and naval militia. - (§§ 95-104.) VI. Service of the national guard and naval militia. (§i 110-121.) VII. Military courts. (§§ 130-158.) VIII. Arms, uniforms and equipments for the national guard and'naval militia.. (§§ 165- 170.) IX. Armories. (§§ 180-195.) X. Pay and allowances. (§§ 210-226.) XI. Privileges, prohibitions and penalties. (§§ 235- 244.) XII. Miscellaneous provisions. (§§ 250-260.) ARTICLE I. THE MIUTIA OF THE STATE. Section 1. Persons subject to militia duty; exemptions. 2. Enrollment. 3. Notice of enrollment; exemption claims. 4. Examination of assessment-rolls and polMista. 5. Designation and division of the militia. Section 6. Commander-in-chief. 7. Staff of the governor. 8. Power of the governor in ease of invasion. 9. Drafts or volunteers from the militia. 10. Punishment for failure to appear. 11. Organization of reserve militia when ordered out. 12. Proclamation of state of insurrection. 13. When articles of war of the United States to bo in force. 14. Relief from civil and criminal liability; secur- ity for costs. 15. Militia council. 16. ITie adjutant-general of the state. 17. Contingent fund. 18. The adjutant-general of the state, his pay, as- sistants and employees. 19. Bureau of records of the war of the rebellion; completion and preservation of the records and relics; free inspection of the same and quarters in the capitol. 20. Armory commissions. 21. Legal adviser of the commander-in-chief. 22. Audit and payment of accounts. Section 1. Persons subject to military duty; exemptions. — All ablebodied male citizens, between the ages of eighteen and forty-five years, who are residents of this state, shall con- stitute the militia, subject to the following exemptions: 1. Persons exempted by the laws of the United States. 2. Persons exempted by the laws of this state. 3. All persons in the army, navy or volunteer forces of the Cnited States, or who have been honorably discharged there- from. 4. The members of any regularly organized fire or police department in any city, village or town, and exempt firemen who have served their full term in any fire company, but no member of the active militia shall be relieved from duty therein because of his joining any such fire company or de- partment. 5. All persons who have served five years in the active militia of this state, and have received a full and honorable discharge. 6. Justices and clerks of courts of records; registers of deeds; sheriffs; ministers of the gospel; practicing physi- cians; superintendents, officers and assistants of hospitals, prisons and jails; light-house keepers; conductors and en- gineers of railwjiys; seamen actually employed as such. 7. Idiots, lunatics, paupers, vagabonds, habitual drunkards and persons convicted of infamous crimes. All such exempted persons, except those enumerated in aiibdivision seven, shall be liable to military duty in case of war, insurrection, invasion or imminent danger thereof. § 2. Enrollment — Whenever the governor shall deem it necessary, he may order an enrollment to be made by officers designated by him of all persons liable to service in the mili- tia. Such enrollment shall state the name, residence, age and occupation of the persons enrolled, and their previous or ex- isting military or naval service. Three copies thereof shall be madei one shall be retained by the enrolling officer, one filed in the office of the town or city clerk in which the en- rolled persons reside, one in the office of the clerk of the county in which the enrollment is made, and the original in the office of the adjutant-general of the state. If the governor so direct, such enrollment shall show separately all the sea- faring men of whatever calling or occupation ; all men engaged in the navigation of the rivers, lakes and other waters of the state, or in the construction and management of ships and crafts, together with ship owners and their employees, yacht owners, members of yacht clubs and all other associations for aquatic pursuits. § 3. Notice of enrollment; exemption claims.— The officer making the enrollment shall, at the time of making the same, serve a notice of such enrollment upon each person enrolled, by delivering such notice to him or leaving it with some person of suitable age and discretion, at his place of resi- dence. All persons claiming exemption must, within fifteen days after receiving such notice, file a written statement of such exemption, verified by affidavit, in the office of the county clerk. Such clerk shall thereupon, if such person be exempted according to law, mark the word exempt opposite his name; 6 and the remainder of all thus enrolled, and not thus found to be exempt, shall constitute the militia of the state, and such clerk shall transmit a copy of such corrected roll to the ad- jutant-general of the state. The commanding officer of each organization in the national guard or the naval militia and the heads of the fire and police departments in each city or town shall, whenever an enrollment is ordered, file in the of- fice of such county clerk a certified list of the names of all persons in his command or department. § 4. Examination of assessment-rolls and poll-lists. — The assessors in each city, village, town or ward, in this state shall allow persons appointed to make such enrollment, at all proper times, to examine their assessment-rolls and take copies thereof, and the clerks of all counties, towns and cities, shall in like manner, at all proper times, allow such persons to examine and copy the poll-lists on file in their offices. All persons shall, upon the application of any person making such enrollment, give the name of and all other proper information concerning any person within their knowledge liable to be enrolled, under penalty of ten dollars for every concealment or false information, or refusal to give the information requested, to be recovered in the name of the people in any court, with costs. The officer making the enrollment shall, within ten days, report all persons who shall fail or neglect to ^ve in- formation to the adjutant-general of the state. § 5. Designation and division of the militia, — The militia of the state shall be divided into two parts; t^S»Ji8ii3{ft, ^'''^ th e reserve m^^ jtia : the active militia shall consist of the organized and uniformed military forces known as the na- tional guard, and of the organized and uniformed naval forces known as the naval militia; the reserve militia shall consist of all those liable to service in the militia, but not serving in the national guard or in the naval militia of the state. § 6. Commander-in-chief .— The governor of the state, by virtue of his office, shall he the commander-in-chief of the militia of the state, except of such portions as may be at times in the service of the United States. When unable to perform his duties as such, except in cases when the lieuten- ant-governor or president of the senate, or the speaker of the assembly, under the laws of the state would perform them, the major-general shall command the militia of the state. But when the governor shall, with the consent of the legisla- ture, be out of the state, in time of war, at the head of a military force thereof, he shall continue commander-in-chief of all the military force of the state. § 7. Staff of the governor. — The staff of the governor shall As Amended by consist of the adjutant-generalof the state, one military sec - Laws'o™9ll. retary of the grade o f major o r lifiutj fi n^^^^t, co mmand er, as G' 0- 29. 1911- tlie governor may "direct^ whose'title sihall be "military sec- retary to the governor," who shall be appointed by the gov- ernor and hold office during his pleasure, and whose term of office shall expire with the term of office of the governor appointing him, and not more tha n sixteen aids to be ap- pointed by the governor Irom the comnji|isisQ,^^jag£.eja*5' tKe^ac tive 'M iTi| ia"'in'"ac^ and ^their appointment sliall operate as a commission as aide-de-camp but shall not add to the actual grade of the officers so appointed. Officers so detailed 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 legisla- ture for the executive department. § 8. Power of the governor in case of invasion. — The gov- ernor shall have power, in case of insurrection, invasion, tu- mult, riot or breach of the peace, or imminent danger thereof, to order into the active service of the state any part of the militia that he may deem proper. When the militia of this state or a part thereof is called forth under the constitution and laws of the United Staites, the governor shall order out for service the active militia or such part thereof as may be necessary, and if the number available be insuffi- cient he shall order out the remainder of the militia or such part as may be necessary. During the absence of orpraniza- tions in the service of the United States their_^tate .designa^ tiions slJaTPnot b e given t g.ne w organizations. '"§9. Drafts or volunteers from the militia. — Whenever it shall be necessary to call out any portion of the reserve militia for a ctive duty, the gov ernor sh all direct his orde r to tne mayor ot any city or the supervisor of anx. town , who, upon the receipt oi £Iie''saifne' shall forthwith proceed to draft as many of the reserve militia in his city or town, or accept as many volunteers as are required by the governor, and s shall forthwith forward to the governor a list of the persons so drafted or accepted as volunteers. § 10. Punishment for failure to appear. — Every member of the militia ordered out, or who volunteers or is drafted under the provisions of this article, who does not appear at the time and place designated by his commanding officer, the mayor or supervisor, within twenty-four hours from such time, or who does not produce a sworn certificate of physical disability, from a physician in good standing, to so appear, shall be taken to be a. deserter and dealt with as prescribed in the articles of war of the United States. Ab Amended by § H- Organization of reserve militia when ordered out. — Chap. 98, xhe portion of the re serve militia so accepted, shall be im- G. 0. 29, 1911. mediately mustered in!o the service of the state for one year, or such less period as the governor may direct, anff 8£air"be organized into troops, batteries, companies, sanitary units, or naval divisions, which may be arranged in squadrons, battalions, regiments, field hospitals or ambulance companies, or assigned to organizations of the active militia already existing. The governor is authorized to appoint the officers necessary to commence or complete any organization thus created. Such new organization shall be equipped, disciplined and governed according to this chapter and the military and naval regulations of the state. " § 12. Proclamation of state of insurrection. — Whenever any portion of the militia is employed in aid of the civil authority, the gove rnor, i f in his judgement the maintenance of law and order will thereby be promoted, may by proclamation declare the county or city in which the troops are serving or any specified portion thereof, to be in a state of insurrection. I 13. When articles of war of the United States to be in forte. — Whenever any portion of the militia shall be on duty under or pursuant to the order fl nf ^^^ grt^yArTinr; or shall be on duty or j)rdered to 3sseinble for duty in. time of war, insurrection, invasion, public danger, or to aid^ the^pivil authorities on account of any breach of the' peace, tumult, riot, resistance to process of this state, or imminent danger thereof, or for any other cause, the articles of war governing the army of the United States, the articles for the govern- ment of the United States navy, and the regulations pre- scribed for the army and navy of the United States, so far 9 as such regulations are consistent witli this chapter and the regulations issued thereunder, shall be in force and regarded lis a part of this chapter until said forces shall duly be re- lieved from such duty. As to ofTenses committed wh«n such articles of war are so in force, courts-martial shall possess, in addition to the juris diction and power of sentence and punishment herein vested in them, all additional jurisdiction ami power of sentence and punishment exercisable by like courts under such articles of war or the regulations or laws governing the United States army and navy or the customs and usages thereof, but no punishment under such rules and articles which shall extend to the taking "gf~life"ailvail, in any case, be inflicted ' except i n" "T!ihie~or^actual~ warT invasion, ~6r insurrection, declared T^~ proclamation" of the "governor to exist, and then only after the approval by the governor of the sentence inflicting such punishment. Imprisonment other than in guard house shall be executed in jails or prisons designated by the governor for the purpose. § 14. Relief from civil or criminal liability;, security for costs. — Members of the Tnilj tia. ordered j nto thg^ ^"tive service of the state by any proper ' authority, shall not be liable civi lly or criminally, for anj_ act or acts dojie by them while on duty.._ When an action or proceeding of any nature shall be commenced in any court by any person against any oflSoer of the militia for any act' done by such officer in his official capacity in the discharge of any duty under this chapter, or an alleged omission by him to do an act which it was his duty to perform, or against any person acting under the au- thority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, the defendant m ay require the pei^on instituting or jro secuti ng the action or proceeding t o file secii nty ^"T .t he payment of costs that may be awarded to the defendant therein, anci the"defencianF in all cases may make a. general denial and give the special matter in evidence. A defendant, in vfbqs© favxy; a , final judgment is rendered in an action or a final order is made in" judgment a special i a special proceeding, shall recover treble costs'.""^ § 15. Militia council. — There shall be for the state a militia Aa amended by council composed of the major-general of the national guard. Laws of 1909; who shall be chief of the counftil, the commanding officer Lawjo^fgii G. 0. 29, 1911. 10 Ab amended by Chap. 373, Laws of 190 of the naval militia, the adjutant-general of the state and s even office r s of the natio nal gdafd m active' service detailed by the governor aiid comprisiiig*' three field officers of in- fantry, one field officer of the coast artillery corps, one field officer of the corps of engineers serving with the organized battalions, one field officer of cavalry and one commanding officer of a battalion or of a battery of field artillery. Ill the first instance three of the details shall be made for one year, two for two years and two for three years, but thereafter all details shall be made for three years. An officer who has served on the council shall not be again de- tailed until the expiration of three years from the comple- tion of his former term. In anticipation of vacancies the militia council shall submit to the governor the names of officers recommended for detail, these having been selected by a committee of five officers of the active militia appointed bj' the militia ,ppB.n(;il and of which two may be already serving as detailed members of the council. The militia council shall be advisory in its ^ functio n. It shall recommend to the governor from time to time such action as it may deem advisable relating to the military law, regulations, organization, equipment, duty and discipline of the militia, and it shall report on matters referred to it by the governor, or by the legislature of the state, or by any committee thereof. The militia council shall make an annual report to the governor. The militia council shall hold stated sessions in Albany or elsewhere in the state as the governor or the coun- cil may direct in Febru ary, September and December in each year and extraordinary sessions shall be held at the call of the governor, the chief of the council or a majority of the members of the council. § 2.. TTiis act shall take effect immediately and new de- tails to organize the council in the first instance as contem- plated in the preceding section shall be thereupon made. § 16. The adjutant-general of the state.— There shall be an adjutant-general of the state who shall be appointed by the governor and shall have the rank of brigadier-general. He shall hold office at the pleasure of the governor and his com- mission shall expire with the term for which the governor appointing him shall have been elected. He shall perform u the duties prescribed for him in this chapter and such duties as pertain to the duti^^ of the chief s o^staff^^epart ments. 1. He shall superintend the pr eparation of alFreturns an d re ports required by the United State s from the state. 2. He shall keep a register of a ll flie~officers of the land and naval forces of the state, and keep in his office all rec- ords and papers required to be kept and filed therein, and make a report oh or before the thirty-first day of December in each year, to the governor, including a detaile j,.,Hta,|:gmRiTfc of all the expend itures for military and naval purposes during that year. ^ 3. He shall, at the expense of the state, when necessary, cause the military and naval laWjj yie general jregulatifljg_of the stai!5~ahc l artideg^.ofjjva'r^of'-ihellmted States, to be pri nted, indexed and Jaound in proper andcompact~f6f m''an3~ distributed to the commissioned officers, sheriffs, clerks of boards of supervisors and county treasurers of this state at the rate of one copy to each; and to each commissioned officer and headquarters he shall issue one copy of the necessary text-books and of such annual reports concerning the militia as the governor may direct. 4. He shall cause to be prepared an d iss ued all neces sary blank books, blanks, forms and notices required to carry " ihtS' Jul l" effect TKe provisions of this chapter. All such books and blanks shall be and remain the property of the state. 5. He shall attend to the safe-keeping and repairing of the ordnance, arig|ij_ accoutrement s, equipm ents and all otnei- TSillitery and naval property, belonging to the state or issued to it by the United States. All military and naval property of the state which after a proper inspection shall be found unsuitable for the use of the state shall under the direction of the governor be disposed of by the adjutant-general of the state at public auction after suitable advertisement of the sale daily for ten days in at least one newspaper published in the English language in the city or county where the sale is to take place; or the same may be sold at private sale when so ordered by the governor. He shall bid in tne prop- erty or suspend the sale whenever in his opinion better prices may or should be obtained. All parts of uniforms before being offered for sale shall be so mutilated that they cannot be again used as uniforms. He shall froin time to time 12 render a just and true account of the sales made by him to the governor and shall expend the proceeds of the same in the purchase of other milita-ry or naval property as the governor may direct. 6. He shall keep a just and true account of all «genses n ecessarily incu?fly including pay' oi officers and enlisted men, allowances to officers and organization, pensions and any other moneys required to be disbursed by him and through his office, including subsistence of the militia, transporta- tion of the militia and of all military and naval property of the state or of the United States, and such expenses shall be audited and paid in the same manner as other military and naval accounts are audited and paid. 7. He shall issu e such military an d_naval property as the governor shall direct and under his direction make purchases for that purpose. No military or naval property shall be issued to persons or or ganiza tions o ther than t hose belonging t o the active mili t ia, excep t_to such portions of the rese rve militia a s ma,y be called out by the governor. Purchases of property not exceeding one hundred dollars in value shall be made in such manner as the adjutant-general of the state shall direct. If such purchase requires an expenditure ex- ceeding^ one hundred and not exceedina five hundred dollar s the adjutant-general of the state shall procure written pro - po sals to furnish such property from at least two parties and shall purchase such property from the lowest responsible bidder. If such purchase shall require the expenditure of a sum exceeding five hundred dolla rs he shall publicly advertise, for not less than ten days, for sealed proposals for furnishing such property; such proposals shall l>e publicly opened by the adjutant-general of the state at the place, day and hour designed in suah advertisement. Tlie adjutant-general of the state shall, if the governor approve, make contract with the lowest responsible biddier to furnish such property. All proposals and contracts made under the authority hereby conferred shall be filed in the office of the adjutant-general of the state. The adjutant-general of the state is authorized and directed whenever, in his opinion, it shall be to the inter- est of the state, to require a party who shall agree or contract to furnish such property to give bond to the people of this state in such sum and with such surety as he shall direct, con- 13 ditioned for the faithful performance of such agreement, or con- tract. In case of default such bond shall be prosecuted by the attorney-general and all moneys recovered shall be applied by the adjutant-general of the state to the benefit of the national guard. All proper ty, p urchased under the authority herebv_^ j;ranted, shal l be inspected by an inspector or an officer detailed for that purpose by ihemajor-qeneral or commanding officer of ^he"iia"var militia, and no payment shall be maae ttierefor until it shall appear by the certificate of such officer that such property is of the kind and quality specified in such agreement or contract. In case of insur- rection, invasion, tumult, r iot, breaches of the pea-ce or im- mment danger thereof, the governor may, upon the certificate of the major-general or the commanding officer of the naval militia, temporarily suspend the operation of this paragraph and direct the adjutant-general of the state to purchase such military and naval property as may be required in open mar ket. He shall report such action with the reasons there- for, and a statement of the property purchased arid the prices paid therefor to the legislature at its next session. 8. The adjutant-general of the state upon the approval of the governor may sell to officers of the active militia for their official use and to organizations or units of the active militia any military or naval property which is an article of issue by the state at its cost price. Such sale shall be for cash or if to an organization or unit the price may be charged to and deducted from its military fund. The adju- tant-general shall render a just and true monthly account of the sales made by him to the governor and shall expend the proceeds of the same in the purchase of other military or naval property as the governor may direct. 9. He shall render annually to the^ governor, a stateme nt in detail showing the disposition of all clothing, ordnance, arms, ammunition and other mili tary or naval property on hand or issued. 10. The seal now used in the office of the adjutant-gen- eral of the state shall be the seal of his offi ce, and shall be d elivered by him to his successor in offi ce. 11. The adjutant-general of the state shall be tljp auditor of all military accounts payable by the state except such as are for expenditures made by him or through his office, which u shall be audited by the comptroller. Copies of all orders and contracts relating to expenditures subject to his audit shall be filed in his oflfice. § 17. Contingent fund. — There shall be allotted to the ad- jutant-general of the state a 8ura_jait_to_e3reeed_tweatya£Ke.. thousand do llars, to be known as the conting e nt fund of the national guartl and naval militia, wJiich shall be available for all contingent expenses of the military and naval estab- lishment of the state not otherwise provided for and shall be expended upon proper voucher by the adjutant-general of the state who shall report annually upon the condition of the fund. The governor shall designate depositories for the fund in the cities of Albany and New York and may require the adjutant-general of the state to give bond with sufficient surety conditioned upon the faithful discharge of his duty. § 18. The adjutant-general of the state, his pay, assistants Chap™28l,' * 3nd employees. — The adjutant-general of the state shall have Laws of 1911. five assistant Sj. t go of the grade of colonel, and three of the grade of lieutenant-colonel , one military s torekeeper of th g grade o f captain , necessary clerks a nd env gjayjeeg and as many laborers as may be required from time to time. He may by a, writing filed in his office designate any one of his assistants to act as adjutant-general of the state in the absence of the latter from the capital city of the state or in case of his inability to perform the duties of his office. There will be allowed to the adjutant-general of the state for his salary five thousan d five hundre d dollars annually . There shall be allowed annually fifteen thousand threii hundred dollars or so much thereof as may be necessary for the salaries of the five assistants and one storekeeper allowed for the office of the adjutant-general of the state. Nec^ss ai S- traveli ng ex- £enses_anjL . auhsistfince,. of jthj._aiiiHi5"*"S^°^-*l °^ ^^^ state an d his assis tants .when traveling on duty "anS uiider orders as well as the office expenses including freight, stationery, postage, expressage, clerical services and labor will also be allowed. The adjutant-general of the state may require his assistants and the military storekeeper to give bonds with sufficient surety in not exceeding fifteen thousand dollars each to the people of the state conditioned for the faithful discharge of their duties, such bonds to be approved by the 15 governor and comptroller and filed in the latter's office. The assistan ts and the mil itary stor ekeeper s hall be at the time of their'TrpTpginiment ofeeers in active' service in the military or naval service of the state; they stiall be appointed and commissioned by the governor upon the recommendation of the adjutant-general of the state and shall be entitled to all th e rights and privileges p ;ra , nted to officers of the national guard in this chapter. The clerks and employees shall be ap pointed and the laborers hired by the adjutant-general of the state. § 19. Bureau of records of the war of the rebellion; com- pletion and preservation of the records and relics; free in- spection of the same and quarters in the capitol. 1. The adjutant-general of the state s hall establish and maintain as part of his office, a bure a u of reco rds of the war of the rebellion, in which all records in his office relating to such war, and relics shall be kept. He shall be the cus- todian of all such records, relics, colors, standards and battle flags of New York volunteers now the property of the state or in its possession, or which the state may hereafter acquire or become possessed of, and he shall appoint a chief of this bureau who shall hold office under his direction for s ix years. 2. The adjutant-general oi the state by all reasonable ways and means, shall c omplete such records and gather from every available source such colors, standards and battle flags as were borne by New York state troops in the war of the re- bellion, and such statistics nnd big|-pripa] Informatio n and relies as may serve to perp etrate _tlie memory a nd ' h'eroi c d eeds _ Q.f _the_g9ldi fir3 . .pf 7 the state , and keep and carelully preserve the same in such bureau. 3. He is authorized to reg iiRst. i f.i^rf ajj^pt from incorporated associa tion3aL_y:gi'g''an§,^Qf the different regiments, state- ment s and informat ion dul y authenticated by them, descrip- tive of their colors, sta'ndar3l^'"aaf8'*Ea S:je^afes ', together 'with the number" aiiot"elass""or' arms' of the regiment, the date and place of muster into the service of the state and also into the service of the United States, the period of service, and the date and place of muster out, the date of departure for the seat of war, the various battles and engagements and places of service, including garrison duty, the time of joining brigades, corps and armies, with the time and nature of 16 the service, and the names of colonels of such regiments^ Jhe names of those killed in action, including those who died of wounds, and the names of those who died of disease during tlieir period of service. H« is further authorized to ask the co-operation and assistance of the adjutant-general of the United States, and of tlie city, county and town authorities and officials, and of the Grand Army of the Republic, the Military Order of th« Loyal Legion, and of organizations and persons in the state of Xew York and elsewhere in the collection of such other information, relics, memorials and battle flags as is contemplated by this article, in order to make as complete as possible the records, history and statistics of the patriotic service of the volunteer soldiers of the state during the war of the rebellion. 4. The adjutant-general of the state is directed to cause jo be tra ns crib ed and kept in books of record in such bureau the historical fasfei^iaformation and ptajtistics as provided abovg ; and is authorized to determine a convenient size for the volumes in which such statistics and historical data may be bound, and to request veteran associations and others proposing to supply such historical data and information to furnish the same on printed or manuscript sheets of a uni- form size to correspond with the size of such volumes. 5. He is further authorized to provide locked and seale d cases with gla ss fronts, as nearly air-t ight as jpracticable, in which shall be kept and disjlajied^the^colors, stan^rds and battl e flags_ above, mentioned, and receive placards in duplicate, which incorporated regimental veteran associations are privileged and empowered to furnish and upon which shall be inscribed synopses of the historical information and statistics herein provided to be furnished to such bureau by regimental veteran associations, or failing to receive sfuch data and information from such veteran associations, for the preparation of such placards, he may utilize the authen- tic information which he may obtain from other sources, as herein provided, which placard s shall be uniform in size a nd color and shall be attached to or conspicuously placed iri proximity to the colors, standards and battle flags to which they refer. If any placard or inscription shall be lost, des- troyed or removed, the adjutant-general of the state shall at once replace it by duplicate of the original on file. 17 The legislature shall annually make suitable appropriations to enable the adjutant-general of the state to carry out the provisions of this section. G. '^ebooks, records and othe r property and relics de- posited in BUch~T)u reau sliall be ope n to inspection and use, except tEe use ofTIie colors, standards and battle flags, at such reasonable hours and under such regulations as the adjutant-general of the state may determine. No battle flag, book or any property placed in such bureau for tiie p urpose of this article, shall be removed therefro m, ofYrbm the im- mediate cust ody and control of the 'ad iutant- ^eneral of the state wi thout an act of the legislature. 7. ThTtrustfea of thy (;a,pitn l are authorized and directed to provide suit able and conve nient q uarters for the bureau of records whenever the adjutant-general' of the state shall re- quire and make demand therefor, and to properly fit up and prepare the same for the safe-kegpiiig of such records, books and property, and for the display of such colors, stand- ards, battle flags and relics which shall be known and inainjjainA^^ a^i t.lifl ball of military records. The severa l municioal jties of the state may dp.p 9sit their record books and pap ers relating to the war in the archives of the hall for safe-keeping, and transcripts therefrom shall be furnished on application by the chief officer of the municipality with- out cost to it. Officers o r p pldier s_ m a y degosit th eiam discharge papers, descriptive' lists, muster rolls or _ Mrajany or regimental "^IsfScs, and papers for "iafe'^Ee^ing. "The interest arising from the i n ves tinenF of wie funds con- tributed by towns, cities and individuals for the erection of a hall of military records shall be devoted to the main- tenance of the hall of military records provided in this section. § 20. Armory commissions. — Whenever any_ arsenal, armory or other quarters of th e militia, camp-ground .fl,r,,,B;iflejangfi,j3 owned by the state^ the sa me shall bf'jii;^der. t,hp .g.h;i:rfy>,pf aji^ armory com mission. When any such property is devoted to "Eiie use of the national guard the commission in charge thereof shall consist of the major-general, the adjutant -gen- eral of the state a nd the com m anding officer of the brigade within whose command the arsenal, armory, quarters, camp- grounas or riile-range may be located. When devoted to the use of the naval militia, the commission shall consist of the 18 adjutant-general of the state, the commanding officer o f t he naval militia and the rank i ng lin e officer of the naval militia where the property is located. ' W li^irmbneYS^o riL county are to be expended by the armor y commission in or upon an armory owned by the state the treasurer of the county i n which such armory is located shall bo a, member of the armory commission as to all matters per- taining to the expenditure of such moneys. From the time this chapter takes effect, a commission so constituted shall take charge of the erection and completion of all such property as may hereafter be authorized to be erected, and of all such property the erection or completion of which is in progress at the time this chapter takes effect under any general or special law ; and as to such work as is in progress, such commission is hereby invested with all the powers conferred by law on any officers, hoards or commis- sions theretofore charged with such work or any part thereof. It shall keep in good repair the arsenals, arm'ories, quar- ters, camp-grounds and rifle-ranges in its charge, and all moneys appropriated heretofore or which may be appropriated hereafter for the erection or repair of such buildings, grounds and ranges shall be expended by a commission so constituted in the same manner as other moneys appropriated for mili- tary or naval purposes are authorized to be expended, except as herein otherwise provided. Every such commission shall employ the state architect and is hereby authorized to appoint, and at its pleasure dis- charge, its own inspectors. When ordinary repairs not exceeding one hundred dollars in cost are necessary, the officer in charge of the building or grounds shall report to the armory commission wiiat is required to be done, s ubmitting estimat es from at least two j^eS£onsiJjlft.J>aji±isgj and the armory commission may'authorizc the officer to cause the repairs to be made, designating the party who shall do the work. When repairs, the cost of which will amount to more than one hundred but not more than five hundred dollars, are required a full statement of the necessity thereof must Ibe made by the officer in charge to the armory co mmission who shall cause estimates of J^e Ciost thereot to be p7ep¥fea''Ey'tWa'or"lnore~p" axUes',J ^ them examined by an archfEect selected by" the "commission, and 19 then cause the work to be done under a contract entered into by it for that purpose. When repairs are to be made, the expenditures for which will exceed five hundr ed dollars, the commission shall adverti se for proposals, bids shall be^je- ceivecf, and contracts regularly entered into. During, and upon the completion of t^e work, the ex- penditure for which will exceed five hundred dollars, it shall be inspected from time to time by an inspector selected by the commission, and payment shall not be made until it appears by the certificate of such inspector that such work has been properly performed and according to the contract, if one has been made. Payments for repairs, the expenditure for which does not exceed five hundred dollars, shall only be made upon a like certificate of the officer in charge of the building or grounds where the same were made. All bills for work done on any of the arsenals, armories, quarters, camp-grounds or rifle-ranges of the state exceeding ten dollars must be vertified by affidavit setting forth that the work has been properly performed and that the amount charged is reasonable and just. (^ pies of all contracts and agreements made for the repa ir, or alteration of arsenals, armories, quarters, camp-groun3s or rifle-ranges of the state, shall immediately ^ be filed in ^ the office of the ad jutant-general of the state. Whenever any real property except in the city of New York, 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 th'erefrom shall be paid into the state treasury, and if taken by a county, to the county treasurer of such county, or it may be used for the improve- ment of the property taken by the authorities authorized to erect such armory. When real property shall be required for the purpose of a state camping^rOTfnd, or for rifl^ pracBoe, oroth er injli- £ary or n aval paii;xifl§aS-i" connection with^'any state armory 'or arsenal, which is deemed necessary by the armory com- mission, and such armo ry commission is unable to agree with the owners for the purcbase thereof, title thereto shall be 20 acquired by the attorney-general in the name of the people of the state by condemnation, on the written application of the armory commission. The cost of all real property so taken, and damages and expenses incurred, by and awarded in any proceedings for the condemnation of any such property, shall be paid by the state. , The words "armory commission" when used in this chapter shall be construed to refer to the commissions, provided for by this section. § 21. Legal adviser of the commander-in-chief. — The at- toriiey-general of the state shall be the legal adviser o T"' the governor , of the adiutant- gen eral of the state, ano of the armory commission. § 22. Audit and payment of accounts.— No officer of the militia shall incur any expense whatsoever to be paid by the state, except such as are authorized in this chapter, A vithou t first obtaini ng the autho rity of t h^, , governor j in extreme c mer ge pc^fiS. however, the co m manding officer of any organization or detachment of the active militia may make purchases of such necessities as are absolutely required for the immediate use and care of his command; a r eport of such action, containing a statement of the articles purchased and the price thereof, must be made forthwith through the channel to the adjutant-general o f the state. The comptroller of the state shall be the auditor of all accounts for property purchased by the adjutant-general of the state and copies of the orders or contracts under which such purchases are "made, sh all be file d in- his office. All other military or naval accounts payable by the state shall be audited by the adjutant-general of the state. Military and naval accounts thus audited, shall be paid by the treasurer of the state from the proper appropriation made by the legislature, upon the warrant of the comptroller. ARTICLE II. THE NATIONAL GUARD OF THE STATE. Section 30. Composition and strength. 31. Division and brigades. 32. Staff departments. 33. Corps of engineers. 21 Section 34. Signal corps. 35. Infantry. 36. Cavalry. 37. Field artillery. 38. 'Coast artillery corps. 39. Civilian cooks. 40. Aides. § 30. Composition and strength. — The national guard of the As amended by state shall consist of a major-general, brigadier-generals, an Laws of 1909. adjutant-general's department, sin inspector-general's depart- ment, a judge-advocate-general's department, an ordnance department, a quartermaster's department, a subsistence de- partment, a pay department, a corps of engineers, a coast artillery corps, a medical department, a signal corps, the commissioned ofBcers heretofore or hereafter retired or ren- dered supernumerary, the organizations forming the national guard at this date, such others as may be organized hereafter and such persons as are enlisted and commissioned therein. The governor shall have power to alter, divide, annex, con- solidate, disband or reorganize any organization or corps and create new organizations or corps when required by the pro- visions of this chapter or whenever in his judgment the eflSciency of the state forces will be thereby increased, and he shall have power to change the organization of any organization or corps so as to conform to any organization, system of drill or instruction now or hereafter adopted by the army of the United States or prescribed by the laws of the United States for the government of the militia, and for that purpose the number of officers . and non-commissioned oflBcers of any grade in any organization or corps may be increased or diminished and the grades of such officers and non-commissioned officers may be altered to the extent neces- sary to secure such conformity. The governor shall have power to fix and from time time to alter the maximum num- ber of enlisted men which shall form part of any organiza- tion irrespective of but not exceeding the maximum prescribed therefor in this chapter. The aggregate forces of the na- tional guard in time of peace, fully armed, uniformed and equipped, shall be not less than , ten thousand and not over eighteen thousand enlisted men, but the governor shall have 22 power in case of war, insurrection, invasion or imminent danger thereof to increase the forces beyond the said eighteen thousand and organize the same as the exigencies of the service may require. As amended by ^ ^^- J^i^ision and brigades. — The brigades and other mili- Chap. 370, tary units .of the national guard, shall constitute a division which shall be commanded by a major-general. The staff of the division shall consist of officers, detailed from the various staff corps and departments as follows: One adjutant-general, lieutenant-colonel, adjutant-general's department. One inspector-general, lieutenant-colonel, inspector-general's department. One judge-advocate, lieutenant-colonel, judge-advocate-gen- eral's department. One quartermaster, lieutenant-colonel, quartermaster's de- partment. One commissary, lieutenant-colonel, subsistence department. One surgeon, lieutenant-colonel, medical corps. One engineer, lieutenant-colonel, corps of engineers. One ordnance officer, lieutenant-colonel, ordnance depart- ment. One signal officer, lieutenant-colonel, signal corps. Three aides, captains or lieutenants, from the national guard. A brigade shall consist of two or more regiments of in- fantry, but separate battalions and separate companies may be assigned thereto. There shall be such number of brigades composed of such infantry organizations as the governor may direct. A brigade shall be commanded by a brigadier-general. The staff of a brigade shall consist of officers detailed from the various staff corps and departments, as follows: One adljutant-general, major, adjutant-geneiral's depart- ment. One quartermaster, major, quartermaster's department. One commissary, major, subsistence department. One surgeon, major, medical corps. Two aides, lieutenants, from the national guard. In addition to the officers above specified the governor upon the recommendation of the major-general may detail from the national guard for duty on the staff of the division or 23 on the staff of a brigade such other officers as may be con- sidered necessary. The ranking officers of the quartermaster's department, subsistence department, medical corps, corps of engineers, ordnance department and signal corps on the staff of the division shall be respectively designated as chief quarter- master, chief commissary, chief surgeon, chief engineer, chief ordnance officer and chief signal officer, but such designations shall not constitute such officers chiefs of the staff depart- ments to which they belong. § 32. Staff departments. — There shall be the following de- As amended by partments consisting of officers of number and rank herein- La^jot 1911; after specified necessary for the staffs of the division, ''he Q"fpg''g^'jJ5Ql' brigades, and for duty with the several organizations of the G. 0. 33, A. G. 0., national guard, as follows: An adjutant-general's depart- ment, consisting of two adjutants-general, lieutenant-colonels and four adjutants-general, majors; an inspector-general's de- partment, consisting of three inspectors-general, lieutenant- colonels and five inspectors-general, majors; a judge-advocate- general's department, consisting of one judge-advocate, lieu- ttnant-colonel, and four judge-advocates, majors; a quarter- master's department, consisting of one deputy quartermaster- general, lieutenant-colonel, and five quartermasters, majors; a subsistence department, consisting of one deputy commis- sary-general, lieutenant-colonel, and four commissaries, majors; a paymaster's department, the duties of which shall be performed by the adjutant-general of the state and his assistants ex officio; an ordnance department, consisting of one lieutenant-colonel, five majors, fourteen captains, * seventeen first lieutenants; a medical department to consist of the medical corps composed of one lieutenant-colonel, twenty- two majors, one hundred and twenty-one captains and first lieutenants, and the hospital corps, field hospitals and ambu- lance companies. Upon the recommendation of the major-general the gov- ernor may appoint and commission such additional officers not above the rank herein prescribed as may be necessary to properly perform the duties of the departments hereby created. * Nineteen by G. 0. 39 A. G. 0. 1911. 24 There shall also be appointed * fifty-nine post quarter- master sergeants, thirteen post commissary sergeants and t twenty ordnance sergeants who shall belong respectfully to the quartermaster's department, the aubsistenoe department and the ordnance department. The hospital corps shall consist of sergeants first class, ser- geants, corporals, privates first class, and privates. ■ There shall be enlisted in or assigned to the detachments of hoapi-' tal corps with each regiment and each twelve companies of engineers and each coast artillery district one sergeant first class, four sergeants, five corporals, twenty privates first class, and privates; with each separate battalion and squadron one sergeant first class, two sergeants, six privates first class, and privates; with each separate troop and company of sigjjal corps one corporal, three privates first class, and privates; with each separate battery of field artillery, one corporal, two privates first class, and privates; with each field hospital, three sergeants first class; six sergeants and corporals, and forty-eight privates first class, and privates; with each am- bulance company two sergeants first class, seven sergeants and corporals, and seventy privates first class, and privates. The minumum enlisted strenjgth of a field hospital shall be three sergeants first class, six sergeants, twenty-four privates first class, and privates. The minimum enlisted strength of an ambulance company shall be two sergeants first class, seven sergeants, thirty-four privates first class, and privates. Upon the recommendation of the major-general the gov- ernor may fix the number of noncommissioned officers, pri- vates first class, and privates of the hospital corps and in- crease or decrease the number of departmental noncommis- sioned staff officers. As amended by § 33. Corps of engineers.— There shall be a corps of en- Chap. 370, gineers to consist of one colonel, two lieutenant-colonels, seven majors, nineteen captains, thirteen first lieutenants, fifteen second lieutenants, one chaplain, three sergeants-major, three quartermaster sergeants, one band organized as pre- scribed for an infantry band, and twelve companies which shall be organized into three battalions. * Sixty-one by G. O. 39 A. G. 0. 1911. t Twenty-two by G. O. 39 A. G 0. 1911. 25 A battalion of engineers shall have: One major. One adjutant ( captain ) . One quartermaster and commissary (second lieutenant). One sergeant major. One quartermaster sergeant, and Four companies. The three battalions may be organized as a regiment for purposes of administration, drill and instruction. A company of engineers shall have one captain, one first lieutenant, one second lieutenant. The minimum enlisted strength of a company of engineers shall be: One first sergeant. One quartermaster seirgeant. four sergeants. Six corporals. Two cooks. Two musicians. Twenty-one privates first class and Twenty-one privates second class. The maximum enlisted strength of a company of engineers shall be one hundred and sixty-foUr men. The governor upon the recommendation of the major-general may increase the number of sergeants to twelve, the number of corporals to eighteen, the number of first-class privates to sixty-four, and the number of second class privates to sixty- four. The enlisted force herein provided and the officers serving with the organized battalions shall constitute a part of the line of the national guard. § 34. Signal corps. — There shall be a signal corps which shall be a staff corps and shall consist of olficers of the number and rank herein specified necessary for the performance of the duties of signal ofiicers on the different staffs and the ofiicers assigned to duty with the signal companies, as follows : One lieutenant-colonel. Four majors. Two captains. Eight first lieutenants. 26 and enlisted men as follows: Nine master signal electricians. Thirty sergeants fifst class. Thirty sergeants. Thirty corporals. One hundred and thirty-five privates first class. Sixty privates. Six cooks. For the purposes of administration the governor may, upon the recommendation of the major-general, organize com- panies with a minimum enlisted strength of the different grades, as follows: Five sergeants first class. Five sergeants. Ten corporals. Two cooks. Eighteen privates first class. Eighteen privates. § 35. Infantry. — A regiment of infantry shall consist of One colonel. One lieutenant-colonel. One adjutant (captain). One quartermaster ( captain ) . One commissary ( captain ) . One chaplain. One sergeant major. One quartermaster-sergeant. One commissary sergeant. Two color sergeants. One hand. Three battalions. The minimum enlisted strength shall be seven hundred and thirty-two. A battalion of infantry shall consist of One major. One adjutant (first lieutenant). One quartermaster and commissary (second lieutenant). One sergeant major. Four companies. The minimum enlisted strength shall he two hundred and thirty- three. 27 A company of infantry shall consist of One captain. One first lieutenant. One second lieutenant. One first sergeant. One quartermaster-sergeant. Four sergeants. Six corporals. Two cooks. Two musicians. Forty- two privates (one artificer). The minimum enlisted strength shall be fifty-eight. The governor may, upon the recoilimendation of the major- general, increase the number of sergeants in a company of infantry to six, of corporals to ten and of privates to one hundred and twenty-seven. An infantry band shall consist of One chief musician. One principal musician. One drum major. Four sergeants. Eight corporals. One cook and Twelve privates. § 36. Cavalry. — A regiment of cavalry shall consist of One colonel. One lieutenant-colonel. One adjutant (captain). One quartermaster ( captain ) . One commissary (captain). One chaplain. Two veterinarians. One sergeant major. One quartermaster sergeant. One commissary sergeant. Two color sergeants. One band. Three squadrons. The minimum enlisted strength shall be seven hundred and thirty- two. A squadron of cavalry shall consist of 28 One major. One adjutant X first lieutenant). One quartermaster and commissary (second lieutenant). One sergeant major. Four troops. Its minimum enlisted strength shall be two hundred and thirty-three. A troop of cavalry shall consist of One captain. One first lieutenant. One second lieutenant. One first sergeant. One quartermaster sergeant. Four sergeants. Six corpora,ls. Two cooks. Two farriers and blacksmiths. One saddler. Two trumpeters. Thirty-nine privates ( one wagoner ) . Its minimum enlisted strength shall be fifty-eight. The governor may upon the recommendation of the major- general increase the number of sergeants in a troop of cavalry to six, the number of corporals to eight and of privates to seventy- six. A cavalry band shall consist of One chief musician. One chief trumpeter. One principal musician. One drum major. Four sergeants. Eight corporals. One cook and Eleven privates. § 37. Field artillery.— A regiment of field artillery shaJl consist of One colonel. One lieutenant-colonel. One adjutant (captain). One quartermaster (captain). One commissary (captain).. 29 Two veterinarians. One sergeant major. One quartermaster sergeant. One commissary sergeant. Two color sergeants. One band. Two battalions. The minimum enlisted strength of a regiment of field artil- lery shall be eight hundred and thirty-five. i A battalion of field artillery shall consist of One major. One adjutant (captain). One quartermaster and commissary (lieutenant). One sergeant major. One quartermaster sergeant. One musician. Two privates. As ammded by Two mounted orderlies. Three batteries. The minimum enlisted strength shall be four hundred and six. In each regiment one battalion quartermaster and com- missary shall be a first lieutenant and the other a second lieutenant. A field artillery band shall be organized as pro- vided for a cavalry band. The governor may on the recom- mendation of the major-general increase by nijie mounted orderlies the regimental strength herein authorized. A battery of field artillery shall consist of One captain. Two first lieutenants. Two second lieutenants. One first sergeant. ' One quartermaster sergeant. One stable sergeant. Six sergeants. Twelve corporals. Three cooks. One chief mechanic. - t - Four mechanics. Two musicians. One hundred and two privates. 30 The minimum enlisted strength shall be one hundred and thirty-three. The governor may, on the recommendation of the major- general, increase the number of sergeants in a battery of field artillery to eight, of corporals to sixteen, of mechanics to seven, of musicians to three and of privates to one hundred and forty-nine. Ab amended by § 38. Coast artillery corps. — There shall be a coast artillery La*'''n'909- «oi'PS. which shall belong to the line of the national guard, G. 0. 9, A. d. 0., to consist of three colonels, four lieutenant-colonels, sixteen Laws' of mi. ' majors, forty-eight captains, forty-eight first lieutenants, forty- four second lieutenants, three sergeants-major, senior grade, thirty-six engineers, three master electricians, fifteen elec- trician sergeants first class, fifteen electrician sergeant-s sec- ond class, nine master gunners, nine sergeants-major, junior grade, thirty-six firemen and thirty-six companies. A com- pany of coast artillery shall consist of one captain, one first lieutenant, one second lieutenant, one first sergeant, one quar- termaster sergeant, two cooks, two mechanics, two musicians, and such number of sergeants, corporals and privates as may be fixed by the governor upon the recommendation of the major-general in accordance with the requirements of the ser- vice to which it may be assigned, but the minimum number of sergeants, corporals and privates in a coast artillery com- pany shall not be less than four sergeants, six corporals and forty-five p'rivates. A coast artillery band shall consist of chief musician, one chief trumpeter, one principal musician, one drum major, four sergeants, eight corporals, one cook, and eleven privates. There may be one band for each twelve companies of coast artillery. The governor in his discretion may increase the strength of the coast artillery hereby au- thorized. The governor in his discretion may appoint a chief of coast artillery of grade not above that of brigadier-gen- eral. In making such increase the number of additional col- onels, lieutenant-colonels, majors, captains, first lieutenants, second lieutenants, sergeants-major (senior grade), master electricians, engineers, electrician sergeants first class, elec- trician sergeants second class, master gunners, sergeants- major (junior grade), and firemen shall be in approximately the same proportion to the number of additional companies organized as is herein prescribed. Of the officers authorized 31 by this section, the governor, upon the nomination of the chief of coast artillery, may appoint one lieutenant-colonel and four majors, who shall be available for assignment to duty with the cliief of coast artillery, and their eligibility shall not be restricted by the requirements as to active or prior service in section seventy-one of this chapter. § 39. Civilian cooks. — The governor may authorize the em- ployment of cooks to the number fixed in this chapter in organizations in virhich there are vacancies in enlisted cooks when such organizations are on duty under his orders or are called upon in aid of the civil authorities. The governor may authorize the employment and prescribe the number of cooks for all headquarters and organizations for which the enlist- ment of cooks is not authorized by this chapter. Cooks during such employment shall be subject to the laws and regulations for the government of the national guard and shall receive the same pay as enlisted cooks. § 40. Aides. — An officer of appropriate grade of any corps, Chap. 285, department or arm of the service may be detailed by the *™° governor as an aide to the major-general or to tJie command- ing officer of a brigade. Such a detail shall create a vacancy in the corps, department or command in which the officer is commissioned and this vacancy may be filled in the manner provided by law. An officer so detailed shall be an addi- tional officer in his grade in the corps, department or arm of the service from which he is detailed and he may upon the recommendation of the general officer to whose staff he is detailed be withdrawn at any time from active service and placed upon the supernumerary list by the governor. ARTICLE III. THE NAVAL MILITIA OF THE STATE. Section 50. Composition, strength and command. 51. Staff of the commodore. 52. Staff of the captain. 53. Battalions. 54. Divisions. 55. Disbandments. '56. Civilian cooks. 57. Retirement of commissioned officers. 32 Section 58. Eligibility required to receive a commisadon in the naval militia. 59. Appointed oflScers of the naval militia. § 50. Composition, strength and command. — The organiza- tions forming the naval militia at this date, such others as may be organized hereafter and such persons as may enlist or be appointed or commissioned therein shall constitute the naval militia of this state. The governor shall organize this force in battalions and divisions, as he may deem proper, and when in his judgment the efficiency of the naval militia will thereby be increased, he is authorized to create new organizations, and to alter, di- vide, consolidate, annex, disband or reorganize any or all the organizations therein. The governor shall have power at any time to change the organization of battalions and divisions, prescribed hereafter, so as to conform to any organization, system of drill or in- struction, which may be adopted for the navy of the United States and increase or decrease for that purpose the number ~ of ofBcers, chief petty officers and petty officers in those or- ganizations and change the designations of officers or enlisted men. The strength of the naval militia in time of peace shall not exceed two thousand men, but in time of war, invasion, in- surrection or imminent danger thereof, the governor shall have power to increase this force beyond said two thousand men and organize it as the exigencies of the service may require. When two battalions or their equivalents have been or- ganized, the naval militia shall be commanded by a captain; when three battalions or their equivalents shall have been organized, it shall be commanded by a commodore. When a commodore is appointed the captain and his staff shall be rendered supernumerary. Ab amended by ^ ^^" Staff of the commodore. — The commodore may have a Chap. 282, staflF consisting of one commander, as chief of staff: one lieu- Laws of 1911. , . , , „ , tenant-commander, as ordnance officer; one lieutenant-com- mander, as engineer lofflicer; one surgeon, of the grade of lieutenant-commander; one paymaster of the grade of lieutenant-commander; one judge- advocate, of the grade of 33 lieutenant-commander; one lieutenant-commander, as signal officer; one lieutenant, as aide; one chaplain, of the grade of lieutenant. § 52. Staff of the captain. — The captain may have a staff consisting of one lieutenant-commander, as chief of staff; one lieutenant-commander, as engineer officer; one surgeon, of the grade of lieutenant-commander; one paymaster, of the grade of lieutenant-commander; one judge-advocate, of the grade of lieutenant; one lieutenant, as signal officer; one lieutenant, as gunnery officer who shall also be the inspector of gun practice; one lieutenant, junior grade, as aide; one chaplain. § 53. Battalions.— A battalion of the naval militia shall As amended by Chap. 282, consist of not less than three nor more than eight divisions, Laws of 19-11. of vphich two may be engineer divisions and one a signal divi- sion. A battalion consisting of four or less than four divi- sions shall be commanded by a lieutenant-commander with one navigating lieutenant, who shall also be the executive officer and shall rank next after lieutenant-commander and above all lieutenants; one lieutenant, as ordnance officer; one surgeon, of the grade of lieutenant; one paymaster, of the grade of lieutenant; one lieutenant, junior grade, as signal officer; one assistant surgeon of the grade of lieutenant, junior grade; and one master-at-arms; one chief boatswain's mate; one chief gunner's mate; one chief quartermaster; one chief yeoman; one hospital steward; one paymaster's yeoman; one chief commissary steward; and one chief musician, all of the rate of chief petty officers; and musicians at the rate of two for each division, of whom one may be appointed a first-class and one a second-class petty officer. It may also , contain three chief electricians, of the rate of chief petty officers; three first-class electricians, of the rate of petty of- ficers, first-class; six second-class electricians, of the rate of petty officers, second-class; nine third-clkss electricians, of the rate of petty officers, third-class; all of whom may be attached to divisions. A battalion consisting of five or more divisions shall be commanded by a commander with one lieu- tenant-commander as executive officer; one navigating lieu- tenant, who shall rank next after lieutenant-commander and above all lieutenants; one lieutenant, as ordnance officer; one surgeon of the grade of lieutenant; one paymaster of the 34 grade of lieutenant; and in battalions containing no signal division, one lieutenant, junior grade, as signal officer; one assistant surgeon of the grade of lieutenant, junior grade; one assistant paymaster of the grade of lieutenant, junior grade; one master-at-arms; one chief boatswain's mate; one chief gunner's mate; one chief quartermaster; one chief yeo- man; one hospital steward; 'one paymaster's yeoman; one chief commissary steward; one bandmaster; one chief musi- cian, all of the rate of chief petty officers; a hospital corps, not to exceed thirteen men, of whom two may be appointed first-class petty officers, and one a second-class petty officer; the remainder being hospital apprentices, who shall rate with seamen; and musicians not to exceed twenty in all, of whom one may be appointed a first-class and one a second-class petty officer. It may also contain three chief electricians, of the rate of chief petty officers; three first-class electricians, of the rate of petty officers, first-class; six second-class electricians, of the rate of petty officers, second-class; nine third-class electricians, of the rate of petty officers, third-class; all of whom may be attached to divisions. As amended by § 54. Divisions. — A division may consist of one lieutenant; Chap. 282, ,-ix-- ji- j,-ij Laws of 1911. one lieutenant, junior grade; two ensigns, and enlisted men as herein prescribed. A line division may have five boatswains' mates, first-class; one gunner's mate, first-class; one yeoman, first-class; one quartermaster, first-class; one master-at'arms, second-class; four gunners' mates, second-class; sixty-four first and second-class seamen; and if the division be not part of a battalion, which has all its divisions located within the lim- its of one city or county, two hospital apprentices, who shall rate with seamen. Its minimum strength shall be forty-one enlisted men. A signal division, in addition to the officers above provided for, shall consist of one yeoman, first-class; one gunner's mate, first-class; five quartermasters, first-class; four quartermasters, second-class; one master-at-arms, second- class; and not more than sixty- four first and second class seamen. When a signal division consists of less than forty- one enlisted men, then the officers shall not exceed one lieu- tenant, junior grade, and one ensign. An engineer division may consist of one lieutenant; one lieutenant, junior grade; two ensigns; all of whom shall be commissioned as engineer officers; four chief machinists' majtes of the rate of chief petty 35 ofBcers; six machinists' mates of the ra-te of petty officers, first-class ; twelve machinists' mates of the rate of petty of- ficers, second-class; six water tenders of the rate of petty officers, first-class; thirty- three firemen, first and second-class; in addition, there may be assigned to an engineer division, the chief electricians, and the first, second, and third-class electricians provided in section fifty-three. In lieu of these electricians, there may be twenty-one additional firemen, first and second-class. Its minimum strength shall be forty-one enlisted men. § 55. Disbandments. — When a battalion shall fall below three divisions it shall be disbanded. Its remaining divisions shall become separate divisions. When a division shall fall below the minimum strength prescribed by law it may be dis- banded. § 56. Civilian cooks. — The governor may authorize the em- Ab amended by ployment of cooks by troops on duty under his orders or called Lawa of 1911. out in aid of the civil authority, when such troops do not receive cooked rations, and such cooks shall receive as com- pensation for their services the pay of petty officers, second- class, while thus employed, paid in the manner that the of- ficers and enlisted men with whom they are serving are paid. The number of cooks that may thus be employed shall not exceed two to a division. For the headquarters of the naval militia and of a, battalion the governor may prescribe the number of cooks that may be employed. All civilian cooks shall be subject while thus employed, to the military law, the articles of war and the regulations as if they were regu- larly enlisted men of the naval militia. § 57. Retirement of commissioned officers. — ^A commanding As amended by officer of the naval militia, holding the office of commodore or L^^jof 1999. captain, may, at his own request, be withdrawn from active service and command and placed upon the retired list by the governor, with rank on the retired list of the grade next higher than that held by him in active service, provided he has served not less than twenty-five years in the naval militia, or not less than ten years in the naval militia and fifteen years in the United States navy. Any commissioned officer of the naval militia may be similarly withdrawn and placed upon the retired list with the rank of the grade next higher, provided he served in the regular or volunteer navy of the 36 United States during the war of the rebellion, and has served in the naval militia not less than five years. Any commis- sioned officer of the naval militia who shall be retired under section eighty-two, upon his own request, shall have rank on the retired list of the grade next higher to that held by him in active service, provided he shall have been an officer in the United States navy in time of war. § 58. Eligibility required to receive a commission in the naval militia. — Commissioned officers in the naval militia must be citizens of the United States and of the age of eighteen years and upwards. No person who has been ex- pelled or dishonorably discharged from any military or naval organization of the state shall be commissioned unless he has re-enlisted and served as provided in this chapter. No per- son shall be commissioned unless he shall possess the addi- tional requirements herein precribed . for the particular office to which he is to be commissioned. A commodore shall have been in the active service of a state as an officer of the naval militia or in the service of the United States as an officer of the navy or in all combined for at least ten years. A captain of the naval militia at the time of his appointment shall have performed the same service for at least five years. A commander or lieutenant- commander for at least three years. Staff officers of officers below the grade of commodore except judge-advocates, medi- cal officers and chaplains must have served one year immedi- ately preceding their appointment in the naval militia of this state, except that they may be credited with service in the United States navy or revenue marine, or if not in active service at the time of their appointment they must have had at least one year's service in the national guard or naval militia of the state or the army or navy of the United States or both combined. Staff officers of the commodore, except judge-advocate®, surgeons and engineers, must either be select- ed from the commissioned officers in active service in the naval militia pf this state, who for one year immediately preceding their appointments have been in active service in such naval militia as commissioned officers, or if not in active service at the time of their appointment they must have had at least two years' previous service in the active militia of this state or in the army or navy of the United States or both combined 37 as a commissioned officer. Surgeons and assistant surgeons must be graduates of an incorporated school of medicine and of at least five years' practice if of the grade of lieutenant- commander; of at least three years' practice if of the grade of naval lieutenant; and of at least two years' practice if of the grade of lieutenant junior grade. A lieutenant-commander as engineer officer shall have been a commissioned marine en- gineer in the service of the Unit-ed States, or shall hold a United States marine license not below the grade of chief engineer of ocean steamers of at least three thousand five hundred tons burthen. A lieutenant and a, lieutenant junior grade as engineer officers 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 one thousand and five hundred tons burthen respectively. A judge-advocate must be a counselor-at-law of the supreme court of this state of at least five years' standing if of the grade of lieutenant- commander or at least three years' standing if of the grade of lieutenant. A chaplain must be a regularly ordained min- ister of some religious denomination. § 59. Appointed ofScer of the naval militia. — The commo- Ai amended by dore or captain of the naval militia shall be appointed by Laws of 1911. the governor. The officers on the staff of the commanding officer of the naval militia, the extra officers allowed bat- talions for staff duty, surgeons and assistant surgeons of battalions, assistant surgeons of separate divisions and chap- lains shall be appointed by the governor upon thereBommenda- tlon of their immediate commanding 'officers, except the navi- gating lieutenant and the ordnance officer of a battalion of naval militia. When the governor desires to create new or- ganizations he shall have the power in the first instance to a-ppoint all the officers necessary to commence and complete such organization. ARTICLE IV. COMMISSIONED OFFICERS 01' THE NATIONAI, GUAKD. Section 70. Commissions. 71. Eligibility required to receive a commission in the national guard. 72. Examinations. Section 73. Examining board. 74. Appointed oflScers and non-commiasioned officers of the national guard. 75. Elected officers. 76. Elections. 77. Appeal from an election. 78. Oath of office. 79. Brevet commissions. 80. Supernumerary and retired officers. 81. Resignations. 82. Retirement and discharge. 83., Examination and discharge of officer. 84. Dismissal. 85. Removal. § 70. Conunissions. — All officers shall be commissioned by the governor at his discretion; but no one shall be comm^- eioned unless the conditions set forth in the next two sections have been complied with, and no one shall be recognized as an officer unless he shall have been duly commissioned, and shall have taken the oath of office. The acceptance of a com- mission in the militia of this state shall be deemed a resigna- tion by the person accepting the same, of all other commis- sions held by him in such militia. Nothing herein shall ap- ply to or affect the acceptance and holding of brevet com- missions. As amended by § 71. Eligibility required to receive a commission in the Laws of 190? national guard. — Commissioned officers must be citizens of the United States and of the age of eighteen years and up- wards. No person who has been expelled or dishonorably dis- charged from any military or naval organization of the state shall be commissioned unless he has reenlisted and served as provided in this chapter. No person shall be commissioned xmless he shall possess the additional requirements herein prescribed for the particular office to which he is to be com- missioned. A major-general, at the time of his appointment, must be an officer in active service in the national guard of this state of the grade of brigadier-general or field officer, and for seven successive years immediately preceding his appoint- ment, he must have been in active service in said national guard as a commissioned officer. A brigadier-general, at the 39 time of his appointment, must be an officer in active service in the national guard of this state of the grade of field officer, and in addition, for five successive years immediately preced- ing his appointment, he must have been in active service in said national guard as a commissioned officer, or he must have been in active service in the national guard of this state as a commissioned officer for a period of fifteen years, ten of which were as a field or general officer, or both combined. A colonel of the coast artillery corps or of a regiment, at the time of his appointment, must either be an officer in active service in the national guard of this state; and for three successive years immediately preceding his appointment, he must have been in active service in said national guard 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. A lieutenant-colonel and major of the line, at the time of his appointment, must either be an officer in active service, and for two successive years immediately preceding his appoint- ment, 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. Captains and lieutenants of regiments, battalions, squadrons, the corps of engineers and the coast artillery corps not elected by the members of the troops, batteries or companies and available and required for staff duty with the organization and appointed as pre- scribed in section seventy-four, must have served one year im- mediately preceding their appointments, in the national guard or naval militia of this state, as the case may be, or if not in active service at the time of their appointment, they must have had at least one year's service in the national guard or naval militia of the state or the army or navy of the United States, or both combined. Officers of the corps of engineers, the signal corps, the adjutant-general's department, the in- spector-general's department, the quartermaster's department, the subsistence department and the ordnance department above the grade of captain must possess the same requirements as 40 oflBcers of the line of the same respective grades. Officers of such corps and departments of or below the grade of captain must have served one year immediately preceding appoint- ment in the national guard or naval militia of the state or if not in active service at the time of appointment they must have had at least one year's service in the national guard or naval militia of the state or the army or navy of the United States or both combined. An officer of the judge-advocate- general's department must be acounselor-at-Iawof the supreme court of this state of at least ten years' standing if of the grade of lieutenant- colonel, of at least five years' standing if of the grade of major. An officer of the medical corps must be a graduate of an incorporated school of medicine and of at least ten years' practice if of the grade of lieutenant-col- onel, of at least five years' practice if of the grade of major; of at least three years' practice if of the grade of captain; and of at least one years' practice if of the grade of first lieu- tenant. An officer of the signal corps must have a knowledge of signaling, telegraphy, topography, and map making. A chaplain must be a regularly ordained minister of some religi- ous denomination. § 72. Examinations. — Before being commissioned, every officer must have passed a satisfactory examination before a board as to his knowledge of military or naval aftairs and general knowledge and fitness for the service,, and anyone fail- ing to pass such examination shall not be eligible for an office in the militia of the state for the period of one year from the date of such failure. Judge-advocates and medical officers shall be examined as to their general and professional knowl- edge and fitness for the service only. The following are exempt from examination: general officers, the commodore or captain of the naval militia, officers who within thirty days after their discharge or the expiration of their respective term of office, are reappointed to the position they previously held; chaplains and those mentioned in section one hundred and two of this chapter. § 73. Examining board. — Boards of. examination \mder the preceding section shall be appointed by the governor or caused by him to be appointed for the national guard by the major- general, for the naval militia by the commodore or captain as the case may be. Such boards ■shall consist of not less than 41 three officers, and shall have the same power to take evidence, adminster oaths and compel witnesses to attend and testify and produce books and papers and punish their failure to do so, as is possessed by a general court-martial. When returns of appointments or proceedings of election are received by a board, the persons appointed or elected shall by it be ordered before it for examination, and the result of the examination with all the papers in the case, shall be for- warded to the officer ordering the board. § 74. Appointed officers and noncommissioned officers of the As amended by national guard. The major-general of the national guard shall Laws of 1909; be appointed by the governor with the consent of the senate; Laws of ion. during the time that the senate is not in session, the governor may make such appointment, subject to subsequent confirma- tion by the senate. The adjutants-general of the grade of lieutenant-colonel shall be appointed upon the nomination of the major-general, and one adjutant-general of the grade of major shall be appointed upon the nomination of the com- manding officer of each brigade. The inspectors-general of the grade of lieutenant-colonel^ shall be appointed upon the nomination of the major-general, and one inspector-general of the grade of major shall be appointed upon the nomina- tion of the commanding officer of each brigade. The judge- advocate of the grade of lieutenant-colonel shall be appointed upon the nomination, of the major-general, and one judge- advocate of the grade of major shall be appointed upon the nomination of the commanding officer of each brigade. The deputy quartermaater-yeneral of the grade of lieutenant- colonel shall be appointed upon the nomination of the major- general; one quartermaster of the grade of major shall be appointed upon the nomination of the commanding officer of each brigade, and the post quartermaster-sergeants shall be appointed and warranted by the major-general upon the nom- ination of the commanding officer of the post for which, they are appointed. The deputy commissary-gene ral of the gra,de of lieutenant-colonel shall be appointea upon -une nomination of the major-general; one commissary of the grade of major shall be appointed upon the nomination of the commanding officer of each brigade, and the post commissary sergeants shall be appointed and warranted by the major-general upon the nomination of the. commanding officer of the post for which 42 tbey are appointed. One lieutenant-colonel of the corps of engineers shall be appointed on the nomination of the major- general and one major of the corps of engineers shall be ap- pointed on the nomination of the commanding oflRcer of each brigade. One signal officer of the grade of major shall be appointed upon. the nomination of the commanding officer of each brigade. Lieutenants assigned to companies of the sig- nal corps shall be appointed upon the nomination of their im- mediate commanding officers. All other officers of the signal corps shall be appointed upon tlie nomination of the major- general. The lieutenant-colonel and one major in the ord- nance department shall be appointed upon the nomination of the major-general; one major in the ordnance department shall be appointed upon the nomination of the commanding; officer of each brigade; one captain and one first lieutenant in the ordnance department and one ordnance sergeant shall be appointed upon the nomination of the commanding officer of each regiment and one first lieutenant in the ordnance department and one ordnance sergeant shall be appointed up- on the nomination of the commanding officer of each separate squadron and separate battalion; and one. ordnance sergeant shall be appointed upon the nomination of the colonel of the corps of engineers and each colonel of the coast artillery corps. The lieutenant-colonel, one major and one captain in the medical corps shall be appointed upon the nomination of the major-general. One major in the medical corps shall be ap- pointed upon the nomination of the commanding officer of each brigade. One major and three first lieutenants in the medical corps shall be appointed upon the nomination of each colonel of the coast artillery corps, the colonel of the corps of engineers and the commanding officer of each regiment; two first lieutenants in the medical corps shall be appointed upon the nomination of the commanding officer of each separate squadron and battalion; one first lieutenant in the medical corps may be appointed upon the nomination of the com- manding officer of each separate battery, separate troop, sep- arate company and company of signal corps; and four first lieutenants in the medical corps shall be appointed upon the nomination of the commanding officer of each field hospital; four first lieutenants in the medical corps shall be appointed upon the nomination of the commanding officer of each am- 43 bulance company. Firat lieutenants in the medical corps shall be promoted to the grade of captain after three years' service as commissioned officers in the medical corps or in the medical department or in the United States army or in any two or all of them combined, but not until they shall have passed the required examination and should any first lieu- tenant neglect or refuse to appear for examination when notified to do so, or fail to pass a satisfactory examination for promotion to the grade of captain in the medical corps he shall thereupon be withdrawn from active service and placed upon the retired list by the governor. The governor may appoint chaplains as follows: one for each regiment of cavalry, field artillery and infantry upon the nomination of its commanding ofScer ; one for the corps of engineers upon the nomination of its colonel; one for each twelve companies of coast artillery upon the nomination of the officer commanding the artillery district in which such chaplain is to serve. Captains and lieutenants of regiments, battalions, squadrons, the corps of engineers and the coast artillery corps not elected by members of the troops, batteries or companies and required for staff duty with the organizations or corps shall be appointed by the governor upon nomination as follows: in the case of regiments, battalions and squadrons by the com- manding officer thereof, in the case of the corps of engineers by its colonel, in the coast artillery corps by the officer com- manding the artillery district in which they are to serve. 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 comple'te such organiza- tions. Upon the request in writing of two-thirds of the offi- cers of a regiment, a battalion or squadron not part of a regiment, of the corps of engineers serving with the organized battalions, or of a coast artillery district who are entitled to vote for field officers, and in case of a separate troop, bat- tery, company, or division not part of a regiment, battalion or squadron of two-thirds of its line officers, the governor shall thereafter until such request is withdrawn by a like re- quest in writing, fill any vacancies then existing or which may thereafter occur among the elective officers of such regi- ment, battalion or squadron, not a part of a regiment, corps of engineers, coast artillery district, separate 44 troop, battery or division, by appointment. An officer ap- pointed pursuant to the provisions of this section, shall be appointed upon the nomination of his immediate commanding officer approved . by tlie immediate superior commanding of- ficer of the officer making such nomination. § 75. Elected oflScers. — Brigadier-generals shall be chosen by the field officers of the line of the brigade and the com- manding 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 when- ever 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, lieutenant-commanders, navigating lieutenants and gunnery officers of battalions of the naval militia, except as otherwise provided in section fifty-nine, shall be elected by the field officers of the line, and the commissioned officers of the companies or divisions, of the regiment, battalion or squad- ron not part of a regiment. A colonel, lieutenant-colonel and four majors of the coast artillery corps in each artillery district and the colonel, one lieutenant-colonel and three majors of engineers shall be elected by the officers of the companies assigned to the same district, post or armory and the colonel, lieutenant-colonel and majors on duty thereat. 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 elec- tion at least seventy per centum of the duty required of their troop, battery, company or division and who shall not be in- debted at the time to the civil association- of such troop, bat- tery, company or division, organized, as provided in this chapter. § 76. Elections. — The majpr-general shall issue orders for the election of a brigadier-general when the governor directs. Commanding, officers of brigades shall issue orders for the elec- tion of colonels of regiments and majors of battalions not part of regiments; the commodore or captain of the naval 45 militia shall issue orders for the election of commanders of battalions. Colonels of regiments, the colonel of the corps of engineers, ' each colonel of the coast artillery corps and majors of bat- talions and squadrons not part of regiments, and commanders of battalions of the naval militia, shall issue orders for elec- tions to fill all other vacancies, to be filled by election, that may exist in their respective commands, corps or districts. For the election of the colonel of the corps of engineers or a colonel of the coast artillery corps, majors of battalions of field artillery and squadrons' not part of regiments and erf officers of separate troops, separate batteries, separate com- panies and divisions, orders shall be issued by the major-gen- eral, 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 acknowl- edgment 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 state- ment of the facts constituting such disqualification. If such disqualification shall be caused by the noiipayment of indebted- ness, it may be removed by the payment of such indebted- ness 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 46 to act for him, or in the absence of such an officer, the com- missioned officer highest in rank of those present, shall an- nounce 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 chal- lenged 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 shall not be withdrawn, the presiding officer shall examine him under oath and determine as to his qualifications as such elector. As soon as all the electors have cast their votes, or at the expiration of one hour from the opening of the polls, the presiding officer shall declare the polls closed and at once pub- licly canvass the votes and declare the result of the election. A majority of the votes of all persons present voting at an election shall be necessary to a choice. The presiding officer shall forthwith notify the person elected in writing of his election. If a person elected at any such election shall not, within tin days after being notified of his election, signify his ac- ceptance to the presiding officer, he shall be considered aa de- clining the office to which he shall have been chosen and a new election be held. Should there be no choice, the presiding officer shall adjourn the meeting to a, reasonable date, and at that meeting open the polls, for another election, and if such second meeting re- sult in no choice, the governor shall be notified and may then fill the vacancy by appointment. The presiding officer shall forward the proceedings of an election in such manner as pro- vided in the regulations issued under this chapter. § 77. Appeal from an election. — Every person thinking himself aggrieved by the proceedings at an election, may ap- peal to the governor, by filing at the time of the election with the presiding officer thereat notice of such intended appeal 47 and forwarding a full statement of the grounds of such appeal within ten days from the date on whSch the election took place. The governor may direct upon such appeal, an officer to take testimony in the case, and to report his findings, and such officer shall have the same power to take evidence, ad- minister oaths, issue subpoenas and compel witnesses to attend and testify, and produce books and papers and punish their failure to do so, as is possessed by a general court-martial. § 78. Oath of office. — Every officer duly commissioned shall, within ten days after his commission is tendered to him, or within ten days after he shall have been notified personally or by mail that the same is held in readiness for him by a superior officer, take and subscribe the constitutional oath of - office. Such oath shall be taken and subscribed before an offi- cer authorized by law to administer an oath or some general or field officer or an officer who shall hold the assimiliated grade of a field officer, who has taken the oath himself and who is hereby authorized to adminster the same. In case of neglect or refusal to take and subscribe such oath within the time mentioned, such commission shall be cancelled by the governor and a new appointment shall be made or a new elec- tion shall be ordered to fill the vacancy. § 79. Brevet commissions. — The governor may, upon the As amended by recommendation of their commanding officers, confer brevet La™ of 1909. commissions of a grade next higher than the ordinary or brevet commissions ever held by them, upon officers of the national guard and of the naval militia in active service for gallant conduct or meritorious service of not less than twenty-five years. He may also confer upon officers in active service in the active militia, who have previously served therein in a higher grade, or who have previously served in the forces of the United States in time of war, brevet commissions of a grade equal to the highest grade in which they previously served. Such commissions shall carry with them only such privileges or rights as are allowed in like cases in the military and naval service of the United States. § 80. Supernumerary and retired officers. — Commissioned As amended by officers who shall be rendered surplus by reduction or dis- Laws of 1909; bandment of organizations or in any manner provided by this L^^gJ^fgn chapter now or hereafter, shall be withdrawn from active service and placed upon the supernumerary list. The gov- 48 ernor may, upon the recommendation of the major-general or the commanding oflBoer of the naval militia, respectively, detail supernumerary or retired officers for active duty, in which case they shall rank in their grade from the date of such detail, and he may relieve them from such duty and return them to their respective supernumerary or retired list at his discretion. Any ofiScer rendered supernumerary by the operation of this chapter or by any change of organization made in pursuance thereof shall, if appointed within six months after being rendered supernumerary to an oflBce of the same or a lower rank or grade, be recommissioned without examination with the same date of rank held by him at the time he was so rendered supernumerary. § 81. Resignations. — ^A commissioned oflScer tendering Ms resignation before having served five years, if the governor accept it, shall receive an honorable discharge; if he has served five years or more, he shall receive a full and honorable dis- charge; provided he shall not be under arrest or returned to a military court for any deficiency, or delinquency, and pro- vided further he be not indebted to the state in any manner, and that all his accounts for money or for public property be correct. In computing the time served, service as an en- listed man shall be' allowed, and the service is not required to be continuous. If the governor accept the resignation of an ofiBcer, who at the time shall be under arrest, under charges or returned to a military court for any offense, deficiency or deliquency, such oflScer. shall then cease to be an officer of the militia, and shall receive a discharge in such form as the gov- ernor shall direct, nor. shall he be again eligible to receive a commission unless he first re-enlist, as provided in this chap- ter ill the case of enlisted men dishonorably discharged, and until he shall have performed at least seventy per centum of duty in each year under such enlistment for two successive years. Aa amended by § 82. Retirement and discharge. — Any officer of the active Laws'oflMl. militia who has reached the age of sixty-four years shall be placed upon the retired list by the governor. Any com- missioned officer who shall have served in the same grade for the continuous period of ten years, or in the military or naval service of the state as a commissioned officer for fifteen years, or in case of an officer of the naval militia retir- 49 ing such service may have been in the naval service of the state and the United States combined for fifteen years, provided at least ten years of such service shall have been in the state, may, upon his own request, be placed upon tha retired list and withdrawn from active service and command by the governor. Any commissioned officer who has become or shall hereafter become disabled, and thereby incapable of perform- ing the duties of his office, shall be withdrawn from active service and command and placed on the retired list. Any commissioned officer who has become, or who shall hereafter become unfit or incompetent, and thereby incapable of per- forming the duties of his office, shall be discharged upon the recommendation of his commanding officer or the recommenda- tion of an inspecting officer. Such retirement or discharge shall be by order of the governor, and in either case shall be subject to the provisions of this section. Before making such order, a board of not less than five commissioned officers, one of whom shall be a surgeon, sha,ll be appointed, whose duty it shall be to determine the facts as to tlie nature and cause of incapacity of such officer as appears disabled or unfit, or incompetent, from any cause, to perform military service, and whose case shall be referred to it. No officer, whose grade or promotion would be affected by the decision of such board, in any case that may come before it, shall participate in the examination or decision of the board in such ease. Such board is hereby invested with the powers of courts of inquiry and courts martial, and whenever it finds an officer incapaci- tated for active service, shall report such fact to the governor, stating cause of incapacity, whether from disability, unfitness, or incompetency, and if he approves such finding, such of- ficer shall be placed on the retired list or discharged, as provided in this article. The members of the board shall, before entering upon the discharge of their duties, be sworn to an honest and impartial performance of their duties as members tff such board. No officer shall be placed upon the retired list or discharged by the action of such board, without having had a fair and full hearing before the board, if upon due notice he shall demand it. It shall not be necessary to refer any case for the action of such board arising under this section, unless the officer designated to be placed upon the re- tired list or discharged, shall within twenty days after being 50 notified that he will be so retired or discharged, serve on the adjutant-general of the state a notice in writing that he de- mands a hearing and examination btfore such board. Boards for the- national guard shall be appointed by the governor for officers above the grade of colonel, and by the major-gen- eral for officers below the grade of brigadier-general; boards for the naval militia shall be appointed by the governor, and shall be composed of officers of such grade or rank as he may determine. The governor may withdraw from active ser- vice and command and place upon the retired list any officer who has been twenty-five years in the active service of the national guard, on the recommendation of the commanding officer' of his organization, the commanding officer of the brigade, and the major-general, and in the case of officers of the corps of engineers and the coast artillery corps and officers of staff corps and departments, upon the recommenda- tion of the major-general. Vacancies created by the operation of this section shall be filled in the same manner as other vacancies. § 83. Examination and discharge Of officer. — The governor may, whenever he may deem that the good of the service re- quires it, order any commissioned officers before a board of examination, to consist of not less than three nor more than five general or field officers, which is hereby invested with the powers of courts of inquiry and courts martial, and such board shall examine into the moral character, capacity and gen- eral fitness for the service, of such commissioned officer, and record and return the testimony taken and a record of its pro- ceedings. If the findings of such board be unfavorable to such officer and be approved by the governor, he shall be discharged from the service. No officer whose grade or promotion would in any way be affected by the dicision of such board, in any case that may come before it, shall participate in the exam- ination or decision of the board in such case. Failure to ap- pear when ordered before a board constituted under this sec- tion, shall be sufficient ground for a finding by such board that the officer ordered to appear be discharged An officer discharged under the provision of this section shall not be eligible for election or appointment as a commissioned officer in the militia, unless he first re-enlists as provided in the case of enlisted men dishonorably discharged, and until he 51 shall have performed at least eighty per centum of duty in each year after such enlistment for three successive years. § 84. Dismissal. — An officer who shall have been absent without leave for a period of six months or more shall be dis- missed by the governor. § 85. Removal. — A commissioned officer cannot be removed from oflBce without his consent, except by the senate upon the recommendation of the governor, the sentence of a gen- eral court-martial, or as provided in this chapter. ARTICLE V. Enlisted Men of the National Guard and Naval Militia. Section 95. Enlistments. 96. Re- enlistments. 97. Enlistment papers. 98. Transfers. 99. Non-commissioned staff and chief petty officers; non-commissioned and petty officers. 100. Dropping from the rolls. 101. Taking up from dropped. 102. Retirement. 103. Discharges. 104. War service. § 95. Enlistments. — An able-bodied man of good character, As ameoded by Chiip. 369, who can read and write and who is a citizen of the United Laws of 19P9; aa States or has declared his intention to become such, may be qJ™ jqq^ enlisted in the national guard or naval militia of this state Laws of 1911. for a term of not less than three years; but may continue to serve under his enlistment after the expiration of such term until discharged as hereinafter provided. Chief and principal musicians, privates of the hospital corps and musicians may be enlisted as such. No man shall be enlisted who holds a commission in the militia of this state. No man shall be enlisted who is forty-five years and more of age, or less than eighteen years old, except that men who are sixteen years and more of age may be enlisted as musicians. No minor shall be enlisted without the written consent of his parent or guar- dian. A man who has been dropped because he cannot be found or expelled or dishonorably discharged, or discharged 32 As amended by Chap. 100, Laws of 1911. As amended by Chap. 283, Lawi of 1911. without honor, from any military or naval organization of the state shall not be eligible for enlistment or re-enlistment unless he produce the written consent to such enlistment of the commanding oflScer of the organization from which he was dropped or expelled or dishonorably discharged, or dis- charged without honor, and of the commanding officer who approved such expulsion or issued such discharge or upon whose order he was dropped. Men who have been discharged by reason of disbandment may be enlisted and shall then re- ceive credit for the period served at the time of such disband- ment. A man discharged for physicial disability shall if such disability ceases, and he again enlists, or a man discharged upon his own request shall, if he again enlists, receive credit for the period served prior to such discharge. § 96. Re-enUstments. — ^Any man who has served the period of his original enlistment may be re-enlisted for a term of two years or more. 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 physicial examination prescribed by regulations. § 97. Enlistment papers. — Every person who enlists or re-enlists shall sign and make oath to an enlistment paper which shall contain an oath of allegiance to the state and the United States, and be in such form as may be prescribed in the regulations issued imder this chapter. Such oath shall be taken and subscribed to before any officer above the rank of first lieutenant or lieutenant, jimior grade, or before the compianding officer of a troop, battery, company or division and such officers are hereby authorized to administer such oath; but no enlistment shall be valid until it be approved, in regiments and battalions and squadrons not parts of regi- ments, by the commanding officer thereof; in the corps of engineers by the colonel; in the coast artillery corps by the ranking officer commanding the artillery district; in detach- ments attached to the corps of engineers by the colonel of the corps of engineers; and in any other organization, corps or detachment by the conmmanding officer of the organization or district in which the enlisted man is to serve or to which he is to be attached. A person making a false oath as to any 33 statement contained in such enlistment papers shall upon conviction be deemed guilty of peTjury. § 98. Transfers. — ^ Enlisted men may be transferred upon their own application as follows: In the same regiment or battalion or squadron not part of a regiment from one company, troop, battery or division to another by the commanding. ofiSoer of such regiment, battalion or squadron; from one company of the corps of engineers to another in the same corps by the colonel of the corps of engi- neers; from one company of the coast artillery corps to an- other in the same artillery district by the officer commanding the district; from one regiment, separate battalion,- separate company- or division to another in the same brigad.e by the commanding officer of the brigade, in the naval militia by its commanding officer from the naval militia to the national guard and vice versa by the governor; in all other cases by the major-general. Non-commissioned and petty officers must be returned to the ranks before they can be transferred. § 99. Non-commissioned staff and chief petty officers; ^oo- ^^^ ^j^^^j^ ,,y commissioned and petty "officers. — Non-commissioned staff pkap. 372, Laws 01 1909. officers, chief petty officers, non-commissioned officers and petty officers shall be -warranted: a. In regiments and in battalions or squadrons not part of a regiment and corps or detachments attached thereto by the commanding officer of the regiment, battalion or squad- ron; b. In the corps of engineers and corps and detachments attached thereto by the colonel; c. In the coast artillery corps and corps and detachments attached thereto by the ranking officer commanding the ar- tillery district in which the man is to serve, except ser- geants-major, senior grade, master electricians, engineers, elec- trician sergeants, first class, electrician sergeants, second class, master gunner, sergeants-major, junior grade, and lire- men in the coast artillery corps, who shall be warranted by the chief of coast artillery; d. In separate troops, batteries, companies, and in the sigr * nal corps by the commanding office of the brigade or the major-general as the case may be; 54 e. Petty oflScers* or separate divisions by t^e commanding oflScer of the naval militia; f. In all cases not hereinbefore provided for by the major- general. All non-commissioned officers shall be warranted in the dis- cretion of the officer issuing the warrant upon the written nomination of the officer imder whose immediate command they shall respectively serve. No enlisted man shall be war- ranted as a non-commissioned officer unless he shall have passed a satisfactory examination before a board of exam- iners, to be appointed by the officers authorized to issue such warrant, except persons nominated for appointment as departmental non-commissioned stafiF officers who shall be ex- amined by the board of examiners for non-commissioned of- , fleers appointed for the organization, corps or coast ar- tillery district to which they are to be detailed or with which they are to serve. The officer warranting a non-commissioned or petty officer shall have power to reduce him to the ranks for good and sufficient reasons; but a non-commissioned or petty officer enlisted as such shall be discharged. Non-com- missioned or petty officers who shall be dropped vacate their positions. § lOO. Dropping from the rolls. — An enlisted man, who shall remove his residence to such distance from the armory of his organization or the armory post or district at which he is detailed to serve as to render it impracticable for him to perform his duties properly, or who, after due diligence, cannot be found, may be dropped from the rolls by order of the officer authorized to approve his enlistment or in case of a post non-commissioned staff officer, by the major-general. A8 amended by § 101. Taking up from dropped. — ^An enlisted man dropped P^P-?''j|,„ 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 officer under whose immediate command he served when dropped, approved by the officer upon whose or- der 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 * So in original. 55 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 re- ceive credit for the time served before having been dropped. An enlisted man shall not be taken up from dropped until he has passed the physioial examination required upon en- listment. An enlisted man dropped because he cannot be found cannot be taken up and the time he has served shall not be allowed or credited to him. § 102. Retirement. — The governor may appoint enlisted men and commission them without examination, second lieu- tenants or ensigns by brevet, upon the recommendation of the officer under whose immediate command they are ser- ving, and place them upon the retired list at the same time, provided they have well and faithfully served the state in the national guard or naval militia, or in both combined, for a period of twenty-five years. § 103. Discharges. — ^An enlisted man shall be entitled to, or may in the discretion of the officer authorized to issue his discharge, receive: 1. A full and honorable discharge. 2. An honorable dischai-ge. 3. A discharge. 4. A dishonorable discharge. 5. A discharge without honor. A full and honorable discharge shall be issued under the following conditions: Namely, to a man who has performed in each year of his service required by the conditions of his enlistment or_ re-enlistment, or during his total service in case the same has been extended beyond the term for which he enlisted, at least seventy per centum of the duty pre- scribed by law and orders and who has returned or has been lawfully relieved from responsibility for all public property for which he is responsible. A man who fails to perform seventy per centum of required duty during any year of his service may, in the discretion of his commanding officer, con- tinue in service, and make up such deficiency. Discharges may be issued under following conditions: An honorable discharge or a discharge: a. To a non-commissioned staff or chief petty officer; or non- commissioned or petty officer enlisted as such; 56 b. To a man at his own request, provided he assign sufficient and valid reason; c. To a man physically disabled for the proper performance of duty; d. To a man rendered surplus by the reduction of the organi- zation of which he is a member, or, who is a member of an or- ganization which shall be disbanded; e. To a man who has served the term of his enlistment or re-enlistment and is not entitled to a full and honorable dis- charge. A dishonorable discharge shall be issued: f. To a man sentenced by a general court martial fo be so discharged ; g. To a man fined by a military or naval court who fails to pay such fine within thirty days after it was imposed ; h. To a man convicted of a felony; i. To a man expelled in accordance with by-laws lawfully adopted, from the organization in which he is a member. A dishonorable discharge, or, a discharge without honor, shall be issued: To a man, when the officer under whose immediate com- mand he is serving applies for his discharge for the good of the service. The application for this discharge shall be directed to the officer authorized to issue it and shall briefly state the grounds upon which the discharge is applied for. The man whose discharge is applied for shall be entitled to be heard in person to explain the statements contained in the application and shall have ten days' notice of such hear- ing. A copy of the application and the notice of the time and place of hearing shall be served on the man in the same manner as warnings for duty are given. The discharges hereinbefore specified shall be issued by the officer authorized to approve' the enlistment of the man dis- charged, or in the case of a post non-commissioned staff officer by the major-general. The commanding officer, naval militia, for organizations of the naval militia, not above specified. An enlisted man who continues in service after the expira- tion of his term of enlistment, or re-enlistment, shall, in case he desires a discharge, give fifteen days' notice in writ- ing of application therefor to the officer authorized to grant 57 the same, and such officer may in his discretion grant such discharge forthwith, or hold the same until the expiration of said fifteen days. An enlisted man shall be held for service until his discharge is granted and issued and delivered. § 104. War service. — For all purposes under this act, officers and enlisted men of the active militia who entered the United States service in the Spanish-American war, shall, on re-entering the active militia, be entitled to credit for time served in the forces of the United States in that war as if this service had been rendered in the active militia. ARTICLE VI. Service of the National Guard and Naval Militia. Section 110. Responsibility for efficiency for service. 111. Drills and parades. 112. Small arms practice. 113. Camp and field service and cruises. 114. Instruction in United States forts. 115. Civil officers who may call on commanding officers for aid, and conduct of national guard and naval militia officers. 116. In case of insurrection or invasion. 117. Warning for duty. 118. Excuses from duty. 119. Discipline and exercise. 120. Organization of depot battalion. 121. Organization when aiding civil authorities. S 110. Responsibility for efficiency for service. — The major- general and the commanding officer of the naval militia may each cause those under his command to perform any military duty he may require and shall be responsible to the governor for the general efficiency of the national guard or naval militia and for the drill, instruction, inspection, small arms and artillery practice, movements, operations and care of troops. Brigadier-generals shall be responsible to the major-gen- eral for the equipment, drill, instruction, movements and efficiency of their respective commands. 58 All other commanding officers shall be responsible to their immediate commanders for the equipment, drill, instruction, movements and efficiency of their respective commands. Every commissioned officer and enlisted man shall be responsible to the officer under whose immediate command he serves for prompt and unhesitating obedience, proper drill and the preservation and proper use of the property of the United States, state or organization in his possession. § 111. Drills and parades. — Officers and enlisted men shall be obliged to perform during the year not less than twenty- four compulsory drills and parades, including inspection and muster. In addition to such drills and parades, a command- ing officer may require the officers and enlisted men of his command to meet for parade, drill and instruction at such times and places as he may appoint. When the drill or other duty of a command is by battalion or detachments, and the whole command drills in this manner in the course of a week, it shall be deemed one drill of the whole command. No parade or drill of the active militia shall be ordered on any day during which any election shall be held, except in oases of riot, invasion or insurrection or imminent danger thereof. § 112. Small arms practice. — To encourage markmanship, the governor is authorized to oflfer annually a state decora- tion to those who shall excel in small arms practice; a prize not exceeding three hundred dollars in value, for competition among the organizations and corps of the national guard and naval militia, armed with rifle or carbine; a prize, not exceed- ing one hundred dollars in value, for competition among the organizations and corps (1) attached to the division, (2) 6i each brigade and (3) of the naval militia, armed with rifle or carbine; and three prizes of the value of one hundred dollars, seventy-five dollars and fifty dollars, respectively, lo be awarded to the three companies (1) in organizations and corps attached to the division, (2) in each brigade and (3) in the naval militia, having the highest general figure of merit. The governor may also in his discretion provide suit- able decorations and prizes for proficiency in practice with light and heavy guns. All such prizes to be competed for under regulations prescribed by the major-general or com- manding officer of the naval militia approved by the governor. 59 Members of any staff corps, corps or department assigned to duty with any command shall be considered a part of such command for the purposes of the competitions herein au- thorized. § 113. Service without the state. — The governor may order Aa amended by the active militia or any portion thereof to perform military Laws'ou'ilO- duty of every description and to participate in small arms G. 0. 22, 1910. and gunnery competitions in this state or in any other state or territory or the District of Columbia or in any fort, camp or reservation of the United States therein and he may au- thorize the performances of military duty or participation in small arms or gunnery competitions by any part of the active militia anywhere without the state or without the United States. Cruise duty ordered for the naval "militia may be required to be performed on United States vessels. § 114. Application of this chapter to service without the As amended by state. — Officers and enlisted men of the active militia shall LawsofwiO; .be subject to and governed by the provisions of this chapter G. 0. 22, 1910, while without this state under the order or authorization of the governor under the preceeding section in like manner and to the same extent as when on duty within this state under orders of the governor, as provided in section thirteen of this chapter. Military courts may be convened and held without the state with the same jurisdiction and power of punishment as if held within the state and offenses and de- linquencies committed without the state may be tried and punished either without the state or within the state after the termination of the duty. § 115. Civil ofScers who may call on commanding o£Scer for aid and conduct of national guard and naval militia of&ceis. — In case of any breach of the peace, tumult, riot or resistance to process of this state, or imminent danger thereof, a justice of the supreme court, a county judge or recorder or city judge of a city or sheriff of a county, or mayor of a city, may call for aid upon the commanding officer of the national guard or naval militia stationed therein or adjacent thereto; such call shall be in writing; The commanding officer upon whom the call is made, shall order out, in aid of the civil authorities, the military or naval force or any part thereof under his command, and shall immediately report what he has done *So in original. 60 and all the circumstances of the case to the governor and the major-general or the commanding officer of the naval militia, as the case may be. If it appear to the governor that the power of the county be not sufficient to enable the sheriff to preserve the peace and protect the lives and property of the peaceful residents of this county, or to overcome the resistance to process of this state, the governor must, on the application of the sheriff, order out such military force from any other county or counties, as is necessary. When an armed force is called out for the purpose of sup- pressing an unlawful or riotous assembly, it must obey the orders in relation thereto of the civil officer calling it out, and render the required aid. The orders of the civil officer may extend to a direction of the general specific object to be accomplished and the duration of service by the active militia, but the tactical direction of the troops, the kind and extent of force to be used and the particular means to be employed to accomplish the object specified by the civil officers are left solely to the officers of the active militia. § 116. In case of insurrection or invasion. — In case of in- surrection or invasion or imminent danger thereof, within the limits of any command, the senior commanding officer of such command shall order out for the defense of the state, the forces under his command, or any part thereof, and im- mediately report his action and the circumstances of the case to the governor and the major-general or commanding officer of the naval militia, as the case may be. I 117. Warning for duty. — Orders for duty may be oral or written. Officers and enlisted men may be warned for duty as follows: Either by stating the substance of the order, or reading the order to the person warned, or by delivering a copy of such order to such person or by leaving a copy of such order at the last known place of abode or business of such person with some one of suitable age and discretion, or by sending a copy of such order or a notice containing the substance thereof to such person by mail, directed to him at his last known place of abode or business or to the post-office nearest thereto. Sucli warning may be given by any officer or non- commissioned officer. The officer or non-commissioned officer giving such warning shall make a return thereof containing 61 the names of the persons warned, and the time, place and manner of warning. Such return shall be verified by his oath, which may be administered by any commanding officer; such verified return shall be as good evidence, on the trial of any persoii returned as a delinquent of the facts therein stated, as if such officer or non-commissioned officer had t«stifie(i to the same before the delinquency court on such trial. Every commanding officer shall make the like return, on honor, and with like effect, of every delinquency and 'neglect of duty of his officers and non-commissioned officers, and also of every enlisted man who shall refuse or neglect to perform such military duty as may be required. § 118. Excuses from duty. — The officer ordering any mili- tary duty shall have the power to excuse any officer or en- listed man for absence therefrom upon good and sufficient ' grounds. The governor or major-general or the commanding officer of the naval militia, with the approval of the governor, may relieve any organization of the militia on active duty ■from the further performance of such duty, and may order any other organization to perform such duty. § 119. Discipline and exercise.— The system of discipline and exercise of the national guard and of the naval militia of this state shall conform generally to that of the army and navy of the United States, respectively, as it is now, or may hereafter be prescribed by the president, and to the provisions of the laws of the United States, except as otherwise provided in this chapter. § 120. Organization of depot battalion. — When a regiment, the companies serving in a coast artillery district, the organ- ized battalions of the corps of engineers or a squadron or bat- talion not part of a regiment shall be in the actual service of the United States, the governor shall organize a battalion to take the place of a, regiment and such number of companies, troops or batteries as he may determine to take the place of other units. Such new organization shall not be called on for duty outside the state, but the members thereof may be transferred to fill vacancies in the unit represented by the new organizations. § 121. Oreanization when aiding civil authorities. — When Chap. 284, i • iijjjji.- ., Lawsof 1911. two or more companies are called or ordered on duty in aid of the civil authorities by the call or order of » civil officer fi2 or officers or otherwise under such circumstances that in the opinion of the major-general they should operate under one commander, a field officer with a suitable staff of commis- sioned and non-commissioned officers and appropriate detach- ments of sanitary troops shall be detailed by the commanding officer of the command of which the companies are a part or if they are parts of different commands by the command- ing officer of the brigade to which they belong otherwise by the major-general, and whenever one company or less than a company is so called or ordered on duty a suitable detach- ment of sanitary troops shall be so detailed. Such detailed officers and men shall for all purposes be deemed on duty in aid of the civil authorities as if specifically called or ordered thereon by the civil officer or officers or other authority, civil or military, calling or ordering on duty the companies with which they are detailed. If such companies render service in more than one county the expenses and compensation of such detailed officers and men shall be apportioned among the counties in which service is rendered by the officer who ap- proves the vouchers and payrolls of the companies with which they are detailed. The provisions of this section shall apply to the naval militia, divisions being considered companies, and the commanding officer and other officers thereof shall possess and exercise the authority given to the major-general and officers of the national guard of assimilated rank, except that when serving with troops of the national guard, the de- tail of an officer to command the entire force with an ap- propriate staff shall be made by the major-general. AR'nCLE VII. MiLITABY COUBTS. Section 130. Military courts. 131. Courts of inquiry. 132. General and garrison courts-martial. 133. Service of charges. 134. Offenses of officers triable by general courts- martial; penalties. 135. Offenses of enlisted men triable by general court- martial ; penalties. 136. Delinquency courts for officers. 63 Section 137. Delinquency courts for enlisted men. 138. Fines for offenses against by-laws; company dues. 139. Oaths and procedure of delinquency courts. 140. Summons- to delinquents; service thereof. 141. Appeals from delinquency courts. 142. Payment of fines and disposition thereof. 143. Discharge for failure to pay fine. 144. President of court; vacancies; members to be in uniforms; sitting of court. 145. Collection of fines and penalties. 146. Marshals; appointment, bonds and duties^ 147. Subpoenas, attachments, commissions. 148. Challenges; oaths of members. 149. Form of mandate; execution by public officers. 150. Commitments for disorderly conduct. 151. Attendance of judge-advocate; accused may have counsel. 152. Secrecy. 153. Approval or disapproval of sentence. 154. Eevislon of proceedings, remission of punishment. 155. Indemnity for action of military courts. 156. Presumption of jurisdiction. 157 Naval militia. * 158. Summary courts. § 130. The military courts. — The military courts of this As amended by state shall be: Laws of 1910. — 1. Courts of jnauuji^ G. 0.22, 1910. — 2. General . courts-martial. — 3. Garrison courts-martial. — 4. Delin quMiey courts, which are of two kinds ( 1 ) for officers, (2) for enlisted men. »»• 5. Summary courts. § liJl. courts of inquiry. — Courts of inquiry, to consist of from one to three officers of at least equal grade with the officer, or with the senior officer if there be more than one, in regard to whom the court is ordered, may be ordered by the governor or under his directions by the major-general to ex- amine into the nature of any transaction of or accusation or imputation against any officer or soldier. The court shall, without delay, report to the officer ordering it the evidence 64 adduced, a statement of the facts, and, when required, an opinion thereon. Any ofBcer may request a court of inquiry. § ]32. General and garrison couits-martial. — General courts- martial may be ordered by the governor or under his direc- tions by the major-general, and shall consist of five officers, any three of whom shall constitute a quorum, but at all times a majority of the court must be of a grade at least equal to that of the accused. Garrison courts-martial for the trial of military offenses committed by enlisted men, when subject to the articles of war, may be appointed by the officer thereto authorized by such articles, and shall possess the jurisdiction and power to sentence and punish exercisable by such courts thereunder prior to the passage of the statutes of the United States creating summary courts. Such court shall consist of three officers, and the oaths of members, the organi- zation of the court, its procedure, and the record of its pro- ceedings shall be in the form prescribed for that of general courts-martial convened under this article. § 133. Service of charges. — When an officer or enlisted man is put in arrest for the purposes of trial, a copy of the charges and specifications upon which he is to be tried shall be delivered to him or left at his last known place of abode .or business, within twenty days after his arrest, and a court shall be ordered for his trial within thirty days after the notice of arrest is received by the officer authorized to order the court. If a copy of the charges and specifications be not served, or a court be not ordered within the time herein limited, the arrest shall cease, but such charges and speci- fications may be served, a court ordered and the officer or enlisted man be brought to trial within twelve months after such release from arrest. The appearance of the accused, without objection, and pleading to the charges, shall be deemed a waiver of any defect or irregularity of such service of any of the papers mentioned in this section. § 134. Offenses of officeis triable by general courts-martial; penalties. — Commissioned officers may be tried by general court-martial for the following offenses: 1. Unmilitary or unofficer-like conduct. 2. Drunkenness on duty. 3. Neglect of duty. 65 4. Disobedience of orders or any act contrary to the pro- visions of this chapter, or to the provisions of the regulations for the government of the national guard. 5. Refusing to grant a discharge to an enlisted man when entitled to the same. 6. Oppression or injury of any under his command. 7. Conspiracy or attempt to break, resist or evade the laws or lawful orders given to a person, or advising any person so to' do. S. Insult or disrespect to a superior officer in the line of military duty. 9. Presuming to exercise his command while under arrest or suspension. 10. Neglect or refusal, when commanding officer, to order out the troops under his command, when required by law or lawfully ordered by his superior officer. 11. Neglect or refusal to make a draft or detachment when lawfully ordered to do so. 12. Parading the troops under his command on days of election contrary ^o law. 13. Receiving any fee or gratuity for any certificate. 14. Neglect, when detailed to drill or instruct a command, to make complaint for neglect or violation of duty as pro- vided by law, or for any other neglect for which a command- ing officer would be liable. 15. Neglect or refusal to march, to make a draft, or for disobedience to an order, in case of rebellion or insurrection, as provided by law. 16. Refusal or neglect to obey a precept or order to call out the national guard, or militia, or an order issued in obediente thereto, or for advising any officer or soldier to do the like. 17. Making a false certificate, account, or muster or parade return. 18. Conduct unbecoming an officer and a gentleman, or for conduct to the prejudice of good order and military discipline. On conviction of any of the above oflfenses an officer may be sentenced to be dismissed from the service, and he shall thereby become incapacitated from holding any military com- mission, fined to an amount not exceeding one hundred dollars or reprimanded or to all or either of such fines and penalties. 66 As amended by Chap. 108, Laws of 1910. G. 0. 22, 1910. As amendediby Chap. 242, Laws of 1910. G. 0. 22, 1910. § 135. Offenses of enlisted men tiiable by general court- mattial; penalties. — ^Enlisted men may be tried by a general court-martial for the following offenses: 1. Disobedience of orders. 2. Disrespect to superiors. 3. Mutiny. 4. Desertion. 5. Drunkenness on duty. 6. Conduct prejudiced to good order and military discipline. 7. Any act contrary to the military law, or to the pro- visions of the regulations for the governraent of the national guard. 8. Violation of the by-laws, rules or regulations of an association organized pursuant to this chapter. On conviction an enlisted man may be sentenced to be dis- honorably discharged with loss of time served, reprimanded, and if a non-commissioned officer, reduced to the ranks, or fined to an amount not exceeding fifty dollars or all or either of such fines and penalties. I 136. Delinquency courts for officers. — delinquency courts for the trial of officers shall have jurisdiction over commis- sioned officers below the rank of brigadier-general and over the following offenses for: 1. Absence without excuse at anj' drill, parade, encamp- ment, meeting for instruction or other duty ordered by competent authority. 2. Neglecting to take proper care of any arms, equipment or military property, or wilfully injuring or destroying any arms, equipment or military property whatever. The court may inflict fines as follows: 1. For absence without excuse at any drill, parade, en- campment, meeting for instruction or other duty ordered by competent authority, a fine of not less than five dollars nor more than ten dollars for each absence for a day or any part thereof. 2. For neglecting to take proper care of arms, equipments or military property or willfully injuring, destroying any arms or military property whatever, a, fine not exceeding ten dollars and in addition the sum equal to the -value of any property lost, injured or destroyed assessed by the court. 67 The governor shall order, or cause to be ordered, such courts, which shall consist of three officers of at least equal grade with the accused. § 137. Delinquency courts for enlisled men. — A delinquency As amended by court for the trial of enlisted men shall consist of one com- ^^"jj";*^'! J > , missioned officer, and shall have jurisdiction over the follow- G. 0. 23, 1910. ing offenses : . 1. Absence without proper excuse from or tardiness without like excuse in attending any drill, parade, encampment, meet- ing for instruction or other duty ordered by' competent authority or for failure to make any report, account or re- turn ordered by like authority. 2. Disobedience of orders. 3. Neglecting to take proper care of any arms, equipments or military property, or selling, lending or giving away, or wilfully injuring or destroying any arms, equipments or mili- tary property whatever. 4. Disrespect to superiors. 5. Drunkenness on duty. 6. Conduct prejudicial to good order and military discipline. 7. Any act contrary to the inilitary law or to the provisions of the regulations for the government of the national guard. 8. Violations of the' by-laws, rules and regulations of an association organized pursuant to this chapter. The court may inflict fines as follows : ( 1 ) For absence without proper excuse from or tardiness without like excuse in attending any drill, parade, encampment, meeting for in- struction or other duty ordered by competent authority, a fine not less than one nor more than five dollars for each day or part thereof of such absence; and for each failure to make any report, account or return ordered by like author- ity a fine of not less than one or more than five dollars for each such failure. (2) For any other ofi'ense, a fine not ex- ceeding ten dollars, and in addition a sum equal to the value of any property lost or destroyed assessed by the court. The commanding officer of a regiment, or a battalion or squadron not part of a regiment, the colonel of the corps of engineers and the ranking officer of the coast artillery corps command- ing an artillery district may each appoint a delinquency court or delinquency courts for the trial of the enlisted men of his command and of any detachment or department attached 68 thereto or detailed for duty therewith, and shall deeignate the organizations, detaohmenta and men subject to Uie juris- diction of each court. The commanding officer of each brigade may in like manner appoint a delinquency court or delinquency courts for the trial of enlisted men of any organization, detach- ment or department under his direct command and shall designate the organizations, detachments and men subject to the jurisdiction of each court. The major-general may in like manner appoint a delinquency court or delinquency courts for the trial of enlisted men of any organization, detachment department or corps not herein provided for and shall desig- nate the organizations, detachments, department or corps and •nen subject to the jurisdiction of each court. The jurisdie- tron of a delinquency court to try the offenses specified in this section shall be concurrent with that of general courts- martial and garrison courts-martial, but where the oflScer who is authorized to appoint the court considers that any offense is of sufficient gravity or that the fine which a, de- linquency court has power to impose is not a sufficient punish- ment, such officer may recommend that the trial be had be- fore a general court-martial or a garrison court-martial as the ease may be. A delinquency court so appointed shall be permanent and continuous. ITie officer authorized to appoint such court may at pleasure detail and relieve therefrom an officer to hold the same. Proceedings pending before the court shall not abate or be suspended by reason of such relief or new detail, and an officer so detailed shall have full power and authority to do and perform all acts necessary to com- plete any proceedings pending before the court to which he was appointed, and to carry into effect any judgment, man- date, order or process, made or issued by such court previous to his detail. The court may be held at such times and in such places as the officer holding it may direct. The officer eonstituting the court may appoint, and at any time remove a clerk thereof, who shall receive a reasonable compensation, to be fixed by such officer with the approval of the officer ap- pointing the court. § 138. Fines for offenses against by-laws; company dues. — Fines for offenses against the by-laws, rules and regulations of any association organized pursuant to this chapter and dues to such an association not exceeding in amount twenty- U9 five dollars may be returned to a delinquency court by any officer of such association together with a copy of such by- laws, rules and regulations. The court ^ay sentence the per- sons so returned to pay such fines and dues and enforce such sentence in the sajne manner as a fine for a military offense. Such fines or dues when collected shall be paid to the treasur- er or financial secretary of the association of which the per- son owing the same was a member. § 139. Oaths and procedure of delinquency courts. — Before As amended by entering upon his duties each member of a delinquency court Laws of 1910. shall take an oath of office to the effect that he will well and ^- °- ^^' "^''• truly try and determine, according to evidence, all matters between the people of the state of New York and any person or persons who shall come before the court to which he is appointed. This oath need not be taken in the presence of delinquents and may be taken before any officer authorized by law to take acknowledgements of deeds, or before a field officer or the commanding officer of a brigade, all of whom shall administer the oath without fee. When the court is composed of three officers the junior member may administer the oath to the senior member, who in turn may administer it to the other members. The court shall keep records show- ing the cases tried and the findings and sentences therein but the evidence taken need not be recorded. No challenges shall be allowed in such courts. No formal charges or speci- fications shall be required in such court, except that when the offense charged is the failure to make any report, account or return or is one specified in the second, third, fourth, fifth, sixth, seventh or eighth subdivisions of section one hundred and thirty-seven of this chapter the summons shall specify the offense for which the accused is to be tried and briefly state the facts constituting the same. The return of delinquents and of fines and dues under association by-laws shall take the place of charges and specifications and shall be prima facie evidence of the facts therein stated. § 140. Summons to delinquents; service thereof. — The presi- dent of a delinquency court shall designate and direct a fit person or persons to summon all delinquents to appear before the court. Service of the summons shall be may counsel. — In courts of inquiry and general courts-martial, a Lawa of 1910. G 22 1910 judge-advocate shall attend. In summary courts and delin- " ' ' quency courts and in garrison courts-martial, the service of a judge-advocate may be dispensed with, and in garrison courts-martial a member of the court may be designated to act as its recorder. In all the courts provided by this chap- ter the accused shall have the right to the assistance of counsel. Any commissioned ofl5cer may be detailed as judge- advocate of a military court. § 152. Secrecy. — The members and judge- advocates of mili- Ab ammdedby tary courts, except summary courts and delinquency courts, Laws of 1910. shall keep secret the proceedings and sentence of the court > ^ "■ until the same shall have been approved or disapproved by the proper officer, and shall always keep secret the vote and opinion of each member of the court unless required to give evidence thereof by a court of justice. § 153. Approval or disapproval of sentence. — The record of Ab amended by the proceedings and sentence of every court-martial shall, with- Laws of 1910. out delay, be delivered to the officer ordering the court, or ^- °- ^^' ^^^''• to his successor in command, who shall approve or dis- approve thereof. The sentence of every military court except summary courts shall be published in orders as approved or modified. § 1^4. Revision of proceedings; remission of punishment. — ■ Every officer authorized to approve or disapprove the pro- ceedings and sentence of a court-martial is authorized to re- 76 convene the court and send back its findings and sentence, or either of them, for revision, and to remit, commute or miti- gate any punishment awarded by the court. I- 155. Indemnity lor action of military courts. — No action or proceeding shall be prosecuted or maintained against a member of a military court or officer or person acting under its authority or reviewing its proceedings on account of the approval or imposition or execution of any sentence or the imposition or collection of a fine or penalty, or the execution of any warrant, writ, executions, process or mandate of a military court. § 156. Presmnption of jurisdiction. — -The jurisdiction of the courts and boarda established by this chapter shall be pre- sumed and the burden of proof shall rest on any person seek- ing to oust such courts or boards of jurisdiction in any action or proceeding. § 157. Naval militia. — The provisions of this article shall apply to the naval militia except as otherwise provided in this section. Delinquency courts for officers sha.ll be ordered or caused to be ordered by the governor. Delinquency courts for enlisted men shall be appointed by the commanding of- ficer of each battalion for his command and in case of a divi- sion not a part of a, battalion by the commanding officer of the naval militia. An oflicer of the naval militia may be as- signed to act as judge-advocate of a general court-martial or court of inquiry. General courts-martial, courts of inquiry and delinquency courts for officers may be wholly or partly composed of officers junior in rank to the officer to be tried or investigated where in the judgment of the officer appoint- ing the court the interest of the service so require. Boards ap- pointed for the naval militia shall be composed of officers of such grade or rank as the officer appointing the board may determine for each occasion. Cihap. 108, § 158- Summary courts. — Whenever any part of the na- ^aM^'qw tional guard is on duty under sections one hundred and thir- teen, one hundred and fourteen, one hundred and fifteen or one hundred and sixteen of this chapter, or is otherwise on duty so that, by the provisions of this chapter, they are subject to the articles of war of the United States, summary courts for the trial of enlisted men may be appointed by such offi- cers of the national guard as would be entitled to appoint G. 0. 22, 1910. summary courts under the laws and regulations of the United States in case they were officers of the Ujilted States army. Such courts shall have jurisdiction over similar persons and have cognizance of similar offenses and shall possess similar power to inflict punishment as like courts have or may hereafter have pursuant to the laws and regulations governing the United States army, except that no sentence of confinement or imprisonment in a guard house, jail or prison shall be for a longer term than until the expiration of the tour of duty of the organization or detachment of which the prisoner is a. member or with which he is serving. The officer holding a summary court need not he sworn, no charges or specifications need be served upon the accused and no record of the testimony introduced before said court need be taken. Said courts shall have power to administer oaths and shall possess the same powers to compel the attendance of witnesses and the production of evidence as are specified In section one hundred and forty-seven pf this chapter. When not inconsistent with the provisions of this chapter the pro- cedure of said courts shall be similar to that of summary courts in the United States army. The commanding officers authorized to approve the sentences of summary courts and superior a.uthority shall have power to remit or mitigate the same. Nothing herein contained shall be construed to invest a summary court with exclusive jurisdiction over any per- son or offense, nor to impair or affect the jurisdiction, power or authority of any other military court. ARTICLE VIII. Abiis, Unifobms and Equipmbnts for the National Guard AND Naval Militia. Section 165. Organizations. 166. Commissioned officers. 167. Enlisted men. 168. Full-dress uniform. 169. Responsibility for public property. 170. Purchase of uniforms and equipments. § 165. Organiza.tions. — The active militia shall be provided by the state with such arms, equipments, colors, camp fuid garrison equipage, books of instruction and of record, and 78 other supplies, as may be necessary for the proper perform- ance of the duty required by this chapter; and each command shall keep such property in proper repair and in good con- dition. § 166. Commissioned ofScers. — Every commissioned oflScer shall provide himself with the arms, uniforms and equip- ments prescribed and approved by the governor. § 167. Enlisted men. — Every enlisted man who enters the service of the state for five years, shall be furnished by the state with a state uniform of such description as the gover- nor shall approve; but such uniform shall not be furnished to enlisted men of organizations, which at this date have not ac- cepted the uniform provided by the state, except at their special request approved by the governor. § 168. Full-dress uniform. — Any command may, with the consent of the governor adopt a full-dress uniform of its own and at its own expense. To such command such portions of the state uniform may be issued as the governor may direct. § 169. Hesponsibility for public property. — Every oflBcer and enlisted man to whom public property of the state has been issued, shall be personally responsible to the state for such property, and no one shall be relieved from such responsibility, except it be shown to the saitisfaction of the governor that the loss or destruction of such property was unavoidable and in no way the fault of the person responsible for the same; in all other cases the value of the property lost or destroyed in the amount determined by a Ijoard as herein provided shall be charged against the person at fault or to the com- mand to or for which it had been issued, and if not relieved from such charge by the governor, it shall be an indebtedness from such person or command to the state. The value of lost or destroyed property and the person or command to be charged therewith, shall be determined by a board to con- sist either of an inspector on the staff of the major-general or the commanding officer of the naval militia, or of a dis- interested officer who shall be appointed by the major-gen- eral or the commanding officer of the naval militia to serve on such board, and the commanding officer of the organization in which such property is lost. In case of disagreement a third officer, not bel6w the grade of major, shall be appointed, by the major-general or the commanding officer of the naval militia, and a decision of a majority of the board so con- 79 stituted shall be final. Where the amount determined by such board as the value of lost or desitroyed property is charged to a person it shall be deducted from any pay or allowance due or to become due to him from the state, and where it is charged to a command it shall be deducted one- half in successive calendar years from any allowance or money due or to become due to it from the state, except that on the disbandment of a command any such indebtedness then ex- isting and such as may be charged to it upon a, final settle- ment of property accounts shall, as soon as determined, be paid out of its military funds or unexpended appropriations. An action may be maintained by the people of the state in any court having jurisdiction thereof by the attorney-gen- eral upon the request of the adjutant-general of the state to recover any such indebtedness from a person to the state re- maining unpaid at the expiration of one year from its deter- mination by a board under this section. § 170. Purchase of uniforms and equipments. — The adju- tant-general of the state shall advertise for bids in the man- ner provided in subdivision seven, section sixteen of this chap- ter, for the furnishing and making of the articles of uniform, equipment, military and naval supplies, in accordance with the regulations approved by the governor and specifications adopted by this state. Bidders shall be informed of the kind, quantity and quality of articles required and of the time, place and rate at which they are to be delivered. Bidders shall also be furnished with such specifications as have been adopted, and will be perinitted to examine the standard samples at the places where deposited. No accounts for fur- nishing uniforms, equipment or military or naval supplies, shall be audited unless accompanied by the certificate of an inspector detailed by the major-general or by the command- ing oflScer of the naval militia, to the effect that the material used is of the quality prescribed by the governor and that the articles ar& well made as specified in the contract under which they are supplied. ARTICI.E IX. AEMOBIES. Section 180. Supervisors to furnish armories. 181. Local armories. 80 Section 1S2. Expenses of erecting, improving and furnishing armories. 183. Armories in the city of New York. 184. Xew sites, for armories in the city of New York. 185. Acquisition of sites by boards of supervisors. 186. Control of armories. 187. Armorers, janitors and engineers. 188. Laborers. 189. Compensation of employees in armories. 190. Armorers and employees for naval militia. 191. Armories for naval militia. 192. Use of armories. 193. Definition of armory. 194. Headquarters for regiments and battalions com- posed of separate troops or companies. 195. Inventory of property. § 180. Supervisors to furnish armories. — Whenever it shall appear by the certificate of the colonel of the corps of en- gineers or the ranking officer of an artillery district or the commanding officer of a regiment or battalion or squadron not part of a regiment to which any troop, battery or com- pany organized under the provisions of this chapter belongs or in the case of a field hospital, ambulance company, com- pany of signal corps, separate troop, battery or company by the certificate of the commanding officer of the brigade to which it is attached together with the certificate of the major-general or by the certificate of the latter alone where the organization is under his immediate cwnmand that such field hospital, ambulance company, company of signal corps, troop, battery or company has at least the minimum number of enlisted men established by this chapter who can legally be required to perform the duties prescribed thereby the supervisors of the county in which such field hospital, ambulance company, company of signal corps, troop, battery or company is located shall upon the demand of the commanding officer of such field hospital, ambulance company, company of signal corps, troop, battery or company approved by the colonel of the corps of engineers or the ranking officer commanding the artillery district or the commanding officer of the squadron 81 or battalion or regiment or brigade, to which it belongs or is attached or by the major-general if under his immediate command as the case may be erect or rent within the bounds of such county for the use of such field hospital, ambulance company, company of signal corps, troop, battery or com- pany a suitable and convenient armory, drill room and place of deposit for the safe keeping of the arms, equipments, ac- coutrements, uniforms and military property furnished under the provisions of this chapter. The suitability and convenience of such armory shall be determined by the commanding officer of the brigade to which the organization demanding such arm- ory is attached or by the major-general if the organization is not attached to a brigade. The erection, repairs and alterations of all armory buildings erected or rented at the expense of a county shall be done under the direction and supervision of an inspector appointed by the armory commission and an architect to be designated by the board of supervisors of the county. This section shall not apply to or affect that por- tion of the several counties lying within the boundaries of the city of New York. § 181. Local armories. — Whenever the armory commission shall deem it expedient that an armory be provided for the use of two or more companies or a battery, troop, field hospi- tal, ambulance company or company of signal corps, or for the joint use of two or more of said organizations, or that suit- able accommodations be provided for brigade headquarters, the supervisors of the county in which such brigade hea.d- quarters, or such companies, battery, troop, field hospital, ambulance company or company of signal corps is located, shall, except where such accommodation is provided in a state arsenal, upon the demand of the commanding officer of the brigade for which headquarters accommodations are to be provided or to which the organization to be provided with an armory belongs or is attached otherwise by the major- general, erect or rent, within such county a suitable and con- venient armory, approved by the armory commission, or pro- vide suitable accommodation for brigade headquarters ap- pi'oved by such commission. Whenever, in the opinion of the commanding officer in charge of any armory, or brigade headquarters, the same shall be uniit for use as an armory, or headquarters, he may make complaint to the armory com- mission; such commission shall forthwith make, or cause to be made, an examination of such armory or headquarters, and if after such examination, the commission shall decide that such armory or headquarters is unfit for use, it shall immediately report the fact to the board of supervisors, who shall thereupon direct the alteration, repair, enlargement, or abandonment of the same, and in ease of an abandonment, provide another suitable armory or headquarters, subject to approval by the armory commission as aforesaid. Brigade headquarters, when provided, shall be deemed for all purposes an armory within the meaning of that word wherever used in this chapter. § 182. Expenses of erecting, improving and furnishing armories. — The expenses of erecting, altering, repairing, en- larging or renting armories, purchasing lands for the loca- tion of armories, and for providing camp stools and chairs of a sufficient number, telephone service, lavatories, bath, water and wash closets and the necessary apparatus, fixtures and means for heating, lighting and ventilating armories, and for properly preserving the arms, equipments, uniforms, books, papers and records kept therein by the construction of suitable lockers, closets, gun racks, desks and cases and the purchase of all utensils, materials and supplies necessary for the cleaning, care, proper keeping, maintenance, and preserva- tion of the armory or portion thereof used or occupied by the organization therein quartered, or of the arms, uniforms, equipments, books, papers, records, and furniture used and kept by said organization in such armory shall be a portion of the county charge of each county within the bounds of which is located any arsenal or armory occupied by the national guard, and shall be levied, collected and paid in the same manner as other county charges are levied, collected and paid. In case expenditure is required for erection, alteration, re- pair, enlarging, renting, apparatus for heating, lighting, or ventilating, lavatories, bath, water or wash closets or for lockers, gun racks or closets, the necessity for such expendi- ture shall be certified to the armory commission by the officer having charge and control of the armory. If the armory commission shall approve such expenditure, it shall transmit such certificate approved by it to the board of supervisors of 83 the county in which such armory is located. The armqry commission shall cause to be inspected at the expense of the county all work performed and materials or articles furnished pursuant to such certificate and no money shall be paid for such work, materials or articles until the armory commis- sion shall certify to the board of supervisors that such work has been properly performed and said materials and supplies are of proper quality and workmanship. The oificer in charge and control of an armory shall on or before the first day of October in each year prepare and sub- mit for approval to the commanding ofiicer of the brigade to which his organization is attached otherwise to the major- general and in case of an organization of the naval militia to the commanding officer of the naval militia an itemized estimate in quadruplicate of the necessary expenditures to be made for the utensils, materials, means and supplies necessary and required for the next calendar year for the cleaning, care, proper keeping, mainteifance and preservation of the armory or portion thereof used or occupied by the organization therein quartered, the repair of the lavatories, bath, water and wash closets and the apparatus and fixtij^es for heating, lighting and ventilating said armory and the heating, lighting, water supply and telephone service in and for said armory and the utensils, means, materials and supplies necessary and required for the care, proper keeping, maintenance, repair and preservation of the arms, uniforms, equipments, books, papers, records and furniture used and kept by such organization in said armory and the camp stools, chairs, desks and cases necessary for and required in such armory. Upon the approval of such esti- mate it shall be filed as follows: One copy with the adjutant- general of the state; one with the officer approving the same; one with the clerk of the board of supervisors of the county, and one at the armory. The board of supervisors shall levy and collect the moneys required, but shall have no authority to levy, collect or appropriate any money for thH purposes provided in this section, until the certificates and estimate herein required are made and filed except as herein- after provided. The amounts appropriated shall be expended upon the requisition of the oflacer in charge and control of the armory for the pur,poses specified dn the estimate, as follows: Expenditures not exceeding one hundred dollars upon the ap- 84 proval of the county treasurer or other fiscal officer of the county having custody of the fund to be disbursed thereunder. In case of expenditures exceeding one hundred dollars and not exceeding five hundred dollars, the officer making the requisition shall procure and file with such requisition written proposals for furnishing the articles, materials or property or performing the work required from at least two parties and said county treasurer or other fiscal officer shall purchase such articles, materials, or property from or cause such work to be performed by the lowest responsible bidder. In case of expenditures exceeding five hundred dollars, said county treasurer or other fiscal officer shall publicly advertise for ten days for sealed proposals for furnishing the articles, materials or property or performing the work required; such proposals shall be publicly opened by tlie county treasurer at the place, day and hour designated in such advertisement and said county treasurer or other fiscal officer shall contract with the lowest responsible bidder to furnish such articles, materials or property or to perform the work required. No payment shall be made from the appropriation aforesaid except upon the approval i« writing of the officer making the requisition. Copies of all proposals and contracts made Hinder the authority hereby conferred shall be filed in the office of the county treasurer or other fiscal officer and the office of the clerk of the board of supervisors. The county treasurer or other fiscal officer is authorized and directed, whenever in his opinion it shall be to the interest of the county, to require a party who shall agree or contract to fur- nish any articles, materials or property, or to perform any work, to give bond to the county in such sum and with such surety as he shall direct, conditioned for the faithful per- formance of such agreement or contract. In case of default such bond shall be prosecuted by an attorney to be designated by the board of supervisors of the county and all moneys re- covered shall be paid to the county treasurer. In case of emergency the board of supervisors shall upon the requisition of the officer having charge and control of an armory ap- proved by the major-general, brigadier-general or command- ing oflicer of the naval militia as the case may be, make ex- penditures not exceeding five hundred dollars. The county treasurer of each county shall on the first day of February in S5 each year file with the adjutant-general of the state a re- port in detail showing the amount paid by him during the preceding calendar year for and on account of each armory located in said county. § 183. Armories in the city of New York. — In the city of As amended by New York the application of commanding officers of regi- LaTOof uii ments, battalions, squadrons, troops, batteries, field hospitals, ambulance companies, companies of signal corps, the colonel of the corps of engineers or the ranking officer of the coast artillery commanding an artillery district located in said city, for suitable armories and for the furnishing thereof when first erected, nnd for alterations and enlargements of armories and the applications of the major-general, commanding officer of the naval militia, an officer commanding a brigade or an officer commandiing a battalion composed of separate troops, batteries or companies therein, for suitable accommodation for brigade or other headquarters, shall be made to a board herein termed the armory board, and to consist of the mayor, the comptroller, the president of the board of aldermen, the two senior ranking officers of or below the grade of brigadier- general, in command of troops of the national guard quartered in said city, the commanding officer of the naval militia and the president of the department of taxes and assessments. If the armory board approve such an application, it shall make its recommendation to the commissioners of the sinking fund, who, if they concur therein, shall specify the sums to be ap- propriated therefor, and such sums shall be included by the comptroller of said city in his departmental estimates for the ensuing year, and the board of estimate and apportionment and the board of aldermen are hereby directed to include such sums in the budget for the ensuing year; or the commissioners of the sinking fund may, from time to time, in their discretion authorize and direct the comptroller of the city to issue cor- porate stock of the city in such amounts as shall be neces- sary to provide such sums or any part thereof, and the mayor and comptroller of the city are authorized and directed to sign such stock, which shall be redeemable in not more than fifty years from the date of issue, and shall bear interest at such rate as the board of commissioners of the sinking fund may prescribe. 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 S6 board of aldermen 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 enlarge- ments of armories, as in this section above provided, shall be do/'ie 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 cor- poration of the cjty of New York. All repairs to, and, except .TS above provided, all furnishing of, armories in the city of New York, shall be done by said city, and all utensils, mate rials and supplies certified by the auditing board of an organi- zation, corps or artillery district quartered therein to be neces- sary for the cleaning, care and presrvation of the portion of the armory used or occupied by said organization, corps or artillery district, or of the arms, uniforms, equipments and furniture used or kept" by said organization, corps or artil- lery district, in such armory, shall be supplied by said city, as hereinafter in this section provided. The commanding officer of each organization, corps or artillery district 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 expenditures to be made during the ensuing year for repairs to and furnishing of. armories and utensiU, materials and sup- plies to be furnished by said city. On or before the twentieth S7 day of September in each year, the armory board shall revise said estimate and determine the amount necessary to be ex- pended for the purposes aforesaid in the ensuing year. Such determination shall be made in detail, specifying as separate items the amounts to be expended on each armory and for each organization, corps or artillery district, for repairs, furnish- ing, utensils, supplies and other expenditures to be made by said city, and said board shall thereupon, and before October first certify the amounts so fixed, and determined in detail by said board to the board of estimate and apportionment, and the said board of estimate and apportionment and the board of aldermen shall include said amounts as determined in detail, as aforesaid, in the final budget for the ensuing year. The amounts so appropriated shall be expended on the armories and for the organizations, corps or artillery districts for which Ihe same were respectively appropriated by and under the direction of the armory board, which shall, from time to time, as may be necessary, advertise in the Oity 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 board may cause repairs immediately required to be done without calling for competition at an expense not exceeding •one thou- sand 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 oflBcer of the organization, corps or artillery district, or the colonel of the corps of en- gineers receiving the supplies, and in case of expenditures upon an armory for whatsoever purpose made, upon like ap- proval by the ranking line officer commanding an organization, corps or artillery district quartered therein. § 1S4. New cites for armories in the city of New York. — ^g amended by The armory board mentioned in the last preceding section is Chap. 381,1 authorized and empowered, subject to the approval of the commissioners of the sinking fund of the city, to select, lo- cate and lay out such and so many sites for armories within such city as sucli board and the commissioners of the sinking fund shall, from time to time, deem necessary to be acquired. 88 No site shall be located in any park or public place or on land now occupied by a reservoir; provided, that this pro- hibition shall not apply to the location of sites for the naval militia. 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 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 indorsed 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 comp- troller 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 in which conveyances of 'real estate are required to be recorded in the county in which such armory site is located and a true copy thereof certified to by the cliainnan of tlie armory board and the president of the board of aldermen, shall be filed in the office of the armory board. The survey, map or plan provided for in this section shall be made by the comptroller of the city of New York, upon the requisition of the armory board, and the expense thereof shall he charged against and paid out of any appropriations made for the finance department in the discretion of the comp- troller. Whenever and as often as any site, so as aforesaid, se- lected 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 either the first or second de- partment for the appointment of three discreet and disin- terested 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 en- titled to or interested in the said lands, tenements, heredita- ments and premises, and to make report thereof to the said S9 supreme court with due diligence. Except as herein other- wise 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 section 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 commis- sioners of appraisal have been appointed by the supreme court prior to the time of the taking effect of this chapter, the proceedings in which such appointments have been made shall be conducted in all respects as if this chapter had not been passed. The counsel of the corporation of the city of New York shall act as attorney for the armory board in such pro- ceedings. The title to any property acquired in any such pro- ceedings 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 pro- visions of the last preceding section. 'Jhe 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. § 185. 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, tihe 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 pur- chased or acquired pursuant to law, 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 ac- quiring the title thereto, and for the grading, filling, exca- vating, draining, paving streets, flagging sidewalks, fencing such property, providing sewer connections and the furnish- 90 ing and equipping of the armory when built, which shall be county charges. Whenever any real property is taken for the purpose of erecting a state armory thereon, the buildings on such prop- erty 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 au- thorities authorized to erect such armory. As amended by § ^^^- Control of aimories. — Where a regiment, field hos- Chap. 102, pital, ambulance company, company of signal corps, troop, battery, separate division or the headquarters of the division or a brigade or a battalion not part of a regiment occupies a, portion of an armory or arsenal, such headquarters and quar- ters shall each be considered an independent armory upon the approval and the certificate of the commanding officer of the brigade within whose command such armory is located or of the major-general for organizations attached to the head- quarters of the division. The armory of the corps of engineers shall be under the charge and control of the colonel therof; the armory of a company of signal corps shall be under the charge and control of the signal officer commanding it; the armory of a field hospital or ambulance company shall be under the control of the medical officer commanding it. The armory of every other regiment or corps or of the unit or units thereof quartered therein shall be under the charge and control of the senior line officer thereof quartered therein. Commanding officers shall deposit in the armories provided for their organizations all military property received by them from time to time for the use of their respective commands. The adjutant-general of the state, the major-general, the commanding officers of brigades, and any officer detailed by any one of them, shall at all times have access to all parts of all armories. On the application of one or more posts of the Grand Army of the Republic, or other veteran organiza- tions of honorably discharged union soldiers, sailors or marines of any war of the United States, or sons of such veterans, approved by the commanding officers of the brigade of the national guard in whose jurisdiction armories, the property of 91 the state are located, and the*o£Scer in charge of such armory, s\ibject also to the approval of the adjutant-general of the state and under such restrictions as he may prescribe, the officer in charge of any state armory designated by the ad- jutant-general of the state shall provide a proper and con- venient meeting room or rooms in such armory where such posts or other veteran organizations may hold regular and special meetings, without the payment of any expense therefor. § 187. Armorers, janitors and engineers. — There shall be As amended by allowed for each armory, and for the headquarters of the Laws of 1911. division, the naval militia and of each brigade, one armorer. If an armory be heated by steam there shall be allowed one chief engineer and also one assistant engineer if the com- manding officer of the brigade within whose command such armory is located, and the officer in charge of such armory shall certify to the disbursing officer of the county in which such armory is located that the services of an assistant en- gineer are necessary; in an armory occupied by a regiment and lighted by electricity produced by machinery operated by the power of steam, if such steam is generated and machinery operated within such armory, there shall be allowed on like certificate an additional assistant engineer ; there shall also be allowed for an arinory occupied by a regiment, by a bat- talion or squadron not part of a regiment, by a' battery, by a troop, by a company of signal corps, by a field hospital, by an ambulance company or by two or more separate batteries or companies, one janitor; and the armorer, the engineer and the janitor thus authorized shall be appointed by the officer having control and charge of the armory. Where a field hospital, an ambulance company, a company of signal corps, troop, battery, separate division, or the headquarters of the division, or a brigade or of a battalion not part of a regiment, occupies a portion of an armory or state arsenal, each shall be entitled to an armorer, and such field hospital, ambulance company, company of signal corps, troop, battery, or separate division shall also be entitled to a janitor, who shall be appointed By its respective commanding officer, and such headquarters and quarters shall be considered an independent armory, upon the approval and certificate of the_^ major-general or commanding officer of the brigade within whose command such armory is located. All persons appointed or employed pursuant to this 92 Amended by Chap. 19, l^ws of 1910. G. 0. ' 1910. As amended by Chap. 102, lavs of 1911. or the succeeding section shall perform such duties as shall from time to time be prescribed by the officer appointing or employing them. § 188. Laborers. — To provide for the proper care and clean- liness of armories and arsenals and of the property therein ' deposited, the officer having control and charge of an armory or arsenal, may appoint laborers as follows: For armories or arsenals having ten thousand square feet or less of floor surface, one laborer; when the floor surface exceeds twenty thousand square feet, two laborers; and for each twenty thousand in excess of twenty thousand, an additional laborer; boiler and engine rooms, unused cellar rooms and rooms used for employees' quarters.shall not be included in computing such floor surface. In an armory occupied by coast artillery, and to each armory occupied by a, battery, in addition to the above, one expert laborer, competent to care for artillery implements, guns and instruments. For armories of squadrons, troops, batteries, field hospitals, ambulance companies, and com- panies of signal corps, in addition to the above, one laborer to each ten horses therein stabled and used for military pur- poses by such squadron, troop, battery, field hospitals, ambu- lance companies, and company of signal corps, and in armories where more than thirty horses are so stabled and used there shall be allowed two additional laborers. In armories of the field artillery, in addition to the foregoing, there shall be allowed one laborer for each battery of field artillery, for the care of field artillery harness and equipment. Before any such appointment is made, the necessity for the employment of such laborer or laborers shall be certified by the command- ing officer of the division or the brigade, as the case may be, and such certificate shall be filed in the office of the disbursing officer of the county in which the armory or arsenal is situated. A. certificate of the niunber of . feet of floor surface of each armory or arsenal in which laborers are appointed shall be made by the engineer of the division or the brigade and ap- proived by the commanding officer of the division or brigade within whose command such armory or arsenal is located, and filed in the office of the disbursing officer of the county in which the armory or arsenal is located, except as to counties wholly or partly within the city of New York, when it shall be filed with the comptroller of said .city. 'J3 § 189, Compensation of employees in aimories. — ^The per- As amended by . , , , ,, : . J ,, ^ J. Chap. 102, sons appointed under the provisions of the two preceding sec- Laws of loii. tions shall receive compensation for the time actually and necessarily employed in their duties, to be fixed by the officer appointing such persons as follows : When employed in armor- ies 01^ arsenals located in cities, armorers, janitors and engi- neers not to exceed four dollars per day, unless the city has a population of less than fifty thousand, in which case such compensation shall not exceed three dollars per day, and not to exceed three dollars per day in armories or arsenals not located in cities; an armorer, janitor, engineer or laborer ap- pointed by the commanding oificer of an organization located in a city who under orders duly issued by such officer per- forms the whole or any part of his duties outside the limits of such city shall receive the compensation provided for an armorer, janitor, engineer or laborer employed in an armory located in such city; laborers not to exceed two dollars per dSy, except in cities having a population of three hundred thousand or over, and in counties adjoining cities of the first class, not to exceed three dollars per day. A.n armorer em ployed in an arsenal or armory having two hundred thousand or njore square feet of floor surface and occupied by a regi- ment may in the discretion of the ofScer appointing, receive additional compensation not to exceed five dollars per day. The chief engineer in an armory having over two hundred thousajd square feet of floor surface occupied by a regiment and lighted by electricity produced by machinery operated within such armory, not to exceed five dollars per day. The compensation, as certified to by the officer appointing such persons, under the provisions of the two preceding sections, shall be paid semi-monthly upon the certificate of such officer, and shall be a county charge upon the county in which such armory or arsenal is situated; and shall be levied, collected and paid in the same manner as other county charges are levied, collected and paid. A commissioned officer in active service shall not be eligible for appointment to, and sliall not hold the position of armorer, janitor, engineer or laborer in any armory or iusenal. The appointing officer shall grant to each employee a vacation of fourtee.i days per year with pay. § 190. Armorers and employees for naval militia. — On any vessel used as an armorv of the naval militia, in accordance 94 with section one hundred and ninety-two of this chapter, the ranking commanding officer of the organization or organiza- tions quartered on said vessel shall have the right to appoint as many, employees of the same classes described in the three preceding sections as, in his judgment, the care and safety of the vessel, its equipment, armament and stores demand, and to establish their respective duties, ratings and compensation, always provided, however, that the gross compensation of such employees shall not exceed the amount per day author- ized and established by section one hundred and eighty-nine of this chapter. The duties of the aforesaid employees shall include service on boats which are under the command of the ranking officer of such naval militia organization. § 191. Armories for naval militia. — ^Armories of the naval militia shall be situated immediately on or near navigable waters of the state, in such position as best to promote the efficiency of the service. The word "armory" as used in this article, and in any part of ^is chapter when applied to the naval militia, shall be held to include a vessel used ' as an armory for the purposes of instruction, drill and defense, and a building used for any like purpose or as a, place of deposit for naval stores, equipments or property. Organizations of the naval militia shall have the same right to make requisi- tion on the proper public officers for the erection of armories as is gianted by laAV to organizations of the national guard and all provisions of law as to the acquisition of armory sites, the obligation of public officers and public corporations to pro- vide the same and the acquisition of sites, and furnishing, alter- ing, repairing, adding to and erecting armories and the fur- nishing of supplies to organizatious quartered therein, are hereby made applicable to organizations of the naval militia. The commanding officer of the naval militia shall at all times have access to armories provided for organizations of his command. The department, bureau, officer or authority hav- ing the charge or control of docks within the limits of a city shall upon the requisition of the commanding officer of the naval militia, when directed so to do by the armory board of the city of New York as to said city and by the armory com- mission as to other cities furnish without charge or expense to the state and naval militia suitable and adequate dock, berthing and mooring facilities for vessels and boats used by 95 any organization of the naval militia located in said city and free access thereto at all times for th^g members of such militia. The armory board of the city of New York and the armory commission as to other cities are hereby authorized and empowered to furnish dock facilifies for the use of the naval militia as hereinbefore stated and to determine the suitabil- ity and adequateness of the facilities of the dock, berthing and mooring facilities. The word "dock" where used in this section shall be construed to include wharves, piers, bulk- heads, slips, basins, docks and waterfront. § 192. Use of armories. — ^Armories shall only be used as followB: (a) By troops and cadet corps of organizations of the active militia. (b) By posts of the Grand Army of the Republic or other As amended by veteran, organizations of honorably discharged union soldiers. Laws of 1909. sailors or marines of any war of the United States or of sons of such veterans as provided in se«tion one hundred and cighty- f.-,x of this chapter. (c) For such other purposes not interfering with its use by the troops quartered therein as may be approved by the officer having charge and control of the armory and his division or brigade commander as the case may be, provided that when such use is not by an organization of the national guard or naval militia there shall first be executed by the person, asso- ciation, corporation or copartnership applying to use the same and by a surety company a bond to the people of the state conditioned to indemnify and save harmless severally the state afid the city or county in which the armory is situ- ated and the troops therein quartered and the civil associa- tions formed by the same under this chapter from any loss, damage or expense to the armory or any property of the said stat-e, county, city or troops or civil associations therein accru- ing from or incident to such use and for the payment of the expenses of heating, lighting and janitor and other services cojiiiected with such use. This bond shall be approved as to form and sufficiency by the division or .brigade commander who approves the use of the armory and an action for its breach may be brought in the name of the people of the state by a. judge-advocate and all moneys recovered therein shall be paid to the treasurer of the state, county, city or civil asso- ciation as the case requires. 96 As amended by (d) An armory shall not be used for political or religious Lam of 1911- purposes, except that an armory may be used for the purpose of holding the national convention of a political party, the approval of the oiHeers mentioned in the preceding subdivision of this section being first dufy obtained and the bond provided for by said subdivision being first duly executed. (e) All moneys paid for the use of an armory shall form part of the military fund of the troops quartered therein and shall be paid by the person or ofllcer receiving the same to the chamberlain of the city of New York if the armory be situated therein, otherwise to the treasurer of the county in which the s^me is situated. § 193. Definition of armory. — ^The word armory wherever used in this article shall include suitable stables and stabling accommodations for mounted organizations. § 194. Headquarters for regiments and battalions com- posed of separate troops or companies. — ^The armory commis- sion shall, when practicable, provide in state arsenals or armories headquarters for regiments composed of separate troops or companies, and for battalions and squadrons not parts of regiments, composed of separate troops or companies and quarters for the field and staff officers, the non-commissioned staff officers and hospital corps . detachments attached to such organizations. Whenever it shall appear by the certificate of the armory commission that headquarters or quarters cannot be provided in a state arsenal or armory for the organiza- tion, officers, non-commissioned staff officers and detachment of hospital corps hereinbefore specified it shall be the duty of the board of supervisors of the' county in which said headquar- ters or quarters is, or is to be located, to provide, upon the de- mand of the commanding officer of the organization requiring such headquarters or quarters, approved by the commanding officer of the brigade to which such organization is attached, suitable and convenient headquarters or quarters to be ap- proved as to suitability and convenience by the armory commis- sion. Such headquarters or quarters, when provided, shall be deemed for all purposes an armory within the meaning of that word whenever used in this chapter, and the provisions of sec- tions one hundred and eighty-two, one hundred and eighty- seven and one hundred and eighty-nine of this chapter, except as herein modified, shall apply to said headquarters and quar- 97 ters. 3'he expenses for rent, heat, light, water supply and tel- ephone service shall not exceed annually the sum of seven hun- dred dollars for the headquart€rs of a regiment; four hundred and iifty dollars for the headquarteis of a battalion or squad- ron not part of a regiment; three hundred dollars for other quarters. An armorer may be appointed for such headquarters or quarters who shall receive compensation to be fixed by the officer appointing him at not exceeding the following sum an- nually: For the headquarters of a regiment, five hundred dol- lars; for the headquarters of a battalion or squadron, not part of a regiment, four hundred dollars; for other quarters, two hundred dollars. § 195. Inventory of property.— Every oflBcer having con- trol and charge of an armory shall on or before the thirtieth day of April in each year make and file an inventory and re- turn of all property issued by a city or county and in his cus- tody on the fifteenth day of April in each year. In the city of New York such inventory shall be filed with the armory board, in counties outside the city of New York it shall be filed w^ith the clerk of the board of supervisors of the county in which the armory is located. A duplicate of such inventory shall be filed with the armory, commission. Access to armor- ies for the purpose of verifying the inventories and returns required to be filed by this section may be had at all proper times by duly authorized representatives of the armory com- mission, the atmory board or the board of supervisors of the county with which any such inventory and return is filed. AKTOCLE X. Pay and .Axlowances. Section 210. Pay. 211. Pay when aiding the civil authority. 212. Pay of oflicers serving on boards, commissions and courts. 213. Payment of expenses of delinquency courts for enlisted men. 214. Pay of oflScers and enlisted men assigned to special duty. 215. Allowances for officers. 216. Allowances for military organizations; military fund. 98 As amended by Chap. 308, Laws of 1909. 219. 220. 221. 222. Section 217. Audit and expenditure of funds. 218. Allowances for headqxiarters. Allowance for salaries of ofiScers of division staff and clerks. Pensions. Proof required; striking from rolls. Pension examiners and examining board. 223. Pay and care when injured or disabled in service. 224. Appeals and rehearing. 225. Reports of county treasurers; bonds for military funds; funds of disbanded organizations. 226. Interest on military funds in the hands of the chamberlain or the several county treasurers of the state. § 210. Pay. — Each o£Scer and enlisted man ordered for duty by the governor or under his authority by the major- general or the commanding officer of the naval militia shall re- ceive the pay herein specified for every day actually on duty except when so ordered for inspection, muster, small arms practice, parade or review or field service not extending be- yond one day; a private or a second class private, a musician or a trumpeter, one dollar and twenty-five cents; a first clajs private or wagoner, one dollar and thirty-five cents; a corporal, an artificer, a farrier, a blacksmith, a saddler, a, fireman of coast artillery, one dollar and forty cents; a color sergeant, a sergeant, a cook, a mechanic, a stable sergeant, an electrician sergeant second class, master gunner, one dollar and sixty cents; a first sergeant, a first class sergeant, a drum major, a chief or principal musician, an ordnance sergeant, a post or regimental commissary sergeant, a post, . regimental, battalion or company quartermaster-sergeant, a regimental or battalion or squadron sergeant major, a sergeant major senior or junior grade, coast artillery, a sergeant of signal corps, an electrician sergeant first class, an engineer coast artillery, a chief trumpeter, two dollars; a first class sergeant signal corps, a master signal electrician, a master electrician, a chief mechanic, two dollars and twenty-five cents. A non- commissioned officer performing the duties of a grade higher than his own shall receive the pay of such higher grade; a private acting as a non-commissioned officer shall rc-ci'ive the pay of the grade in which he is acting; 99 each enlisted man who has served a full term of enlistment shall be entitled to additional pay at the rate of twenty-five cents per day during the second five years of his service and a further addition of twenty-five cents per day for each succeeding five years of service; men of the naval militia shall be paid according to their assimilated grade with those of the land forces herein set forth. All commissioned officers shall be entitled to and shall receive the same pay and allowances as commissioned officers of the army or navy of the United States of equal grade and term of service. A veterinarian shall receive the pay and allowances of a second lieutenant of cavalry. Each officer and enlisted man mounted and equipped shall be paid a reasonable compensation per day for each horse actually used by him. § 211. Pay when aiding the civil authority. — ^All officers and enlisted men while on duty, or assembled therefor, pursuant to the orders of a judge of the supreme court, sheriff of a county or mayor of >>, city, or any other civil officer authorized by law to make such a demand on the military or naval forces of the state, in case of riot, tumult, breach of the peace, resistance to process, or whenever called upon in aid of civil authorities shall receive the pay set forth in section two hundred and ten of this chapter; and such compensation and the necessary expenses incurred in quartering, caring for, warning for duty and transporting and subsisting the troops, as well as the expense incurred for pay, care, and subsistence of officers and enlisted men temporarily disabled in the line of duty, while on such duty, as set forth in section two hundred and twenty-three of this chapter, shall be paid by the county where such service is rendered. The county treas- urer of such county shall, upon presentation to him of vouchers and pay rolls for such expenses and compensation, certified by the commanding officers of the organizations or corps on duty in aid of civil authority in such county or counties, and approved by the major-general, if he be present in command where the duty is performed, or by the commanding officer of the brigade or of the naval militia to which the organiza- tions or corps were attached, forthwith execute in behalf of and in the name of such county, a certificate or certificates of indebtedness for the money required to pay auch vouchers and pay rolls; such certificates shall bear interest at the 100 rate of not to exceed six per centum per annum, and shall be made payable on the first day of February following the expiration of two months from their issue, and the amount thereof shall be raised in the next tax budget of said county succeeding their issue, and applied to the payment of such certificates. Said county treasurer shall Bell such certificates at public or private sale, and apply the proceeds thereof to the payment of such expenses and compensation. In the city of New York the duties hereby imposed upon a county treas- urer shall be performed by the comptroller of said city, who shall raise the money necessary to comply with the pro- visions of this section by the issue and sale of revenue bonds of said city; the simi necessary to pay said bonds shall be included by the board of aldermen and board of estimate and apportionment of said city in its final estimates for expenses of said city for the year succeeding that in which said bonds were issued. Any county treasurer or public officer, who shall neglect or refuse to perform any of the duties required by this section, shall be personally charged with the costs and all necessary disbursements of any action or proceeding brought to compel such performance, together with a reasonable ad- ditional allowance to the plaintiflf or relator in such action or proceeding, to be fixed by the court. § 212. Fay of ofiScers serving on boards, commissions and couits. — Members of the militia council and all officers de- tailed to serve on any board or commission ordered by the governor, or under his authority by the major-general, or the commanding officer of the naval militia, or on any court of inquiry, court-martial or delinquency court, ordered by proper authority in pursuance of any provision of this chap- ter, shall be paid for each day actually employed in such council, board or court, or engaged in the business thereof, or in traveling to and from the same. Except for members of the militia council, the sum in no case shall exceed ten days pay and actual traveling expenses and subsistence, unless, upon application of the judge-advocate of a court-martial or the presiding officer of a delinquency court, or the presiding officer of the board, the officer appointing the court or board has authoritzed such court or board to sit for a longer period, or in case of such delinquency court, the governor or the officer ordering such court, has authorized such court to 101 sit. for a longer period than ten days. An- oifloer detailed to serve on a delinquency court for the trial of enlisted men shall be paid for each day actually employed therein, en- gaged in the business thereof, or in traveling to and from the same, and traveling expenses and subsistence when such court shall be held at a, place other than the city or town of his residence. An officer to whom a warrant for the collection of fines, dues or penalties under the sentence of a military court is delivered shall be paid by retaining to his own use, twenty- five per centum of the fines, dues or penalties collected by him. Said percentage shall be taxed by the officer issuing the warrant and indorsed thereon and added to the amount * col- lectable to satisfy the sentence of the court. In addition to this percentage a marshal of a military court shall be paid two dollars for each day actually employed in the execution of the duties required of him and mileage or actual necessary traveling expenses while engaged in executing any process or mandate of a military court. Mileage shall be coipputed at the rate of ten cents for each mile necessarily traveled going and returning to serve any process or mandate of a military court, the distance to be computed from the place where it is served to the place where it is returnable. § 213. Payment of expenses of delinquency courts for en- listed men. — ^The compensation and necessary expenses of the officer holding a delinquency court for enlisted men, and of the clerk and marshal thereof, and the actual expenses of the court for the time engaged in the trial of enlisted delinquents, and the necessary business connected therewith, shall be paid by the command to whose military fund fines collected from such delinquents are paid, from the military fund of such command, in the same manner as other accounts are paid from such fund. § 214. Fay of officers and enlisted men assigned to special duty. — ^Any commissioned officer assigned to special duty by the governor or under his authority, shall be paid for the time actually employed, and his necessary traveling expenses and subsistence, when such payment is authorized by the governor. Judge-advocates shall be paid for services in bring- ing any suits provided for in this chapter, and for services > in actions or proceedings by habeas corpus, certiorari or other- •So in original. 102 Am amended by Chap. 309, Laws of 1909. As amended by Chap. 101, Laws of 1911. wise, such compensation as shall be approved by the governor. All staff officers shall be paid for special service ordered by competent authority, with the approval of the governor. En- listed men, on duty under the orders of the governor, but not at the time serving with troops, shall receive pay, their actual traveling expenses and subsistence. § 215. Allowances for officers. — To assist in uniforming and equipping themselves, commissioned officers who have been in active service as such and who have performed eighty per centum of all ordered duty during a calendar year of twelve months, beginning with the first day of January, shall receive annually if mounted fifty dollars and if dismounted thirty dollars, and officers who have been in active service as such during a period less than a calendar year and who have per- formed eighty per centum of all ordered duty during such period of service shall receive such proportion of the allow- ance for the year as the period of service performed by them bears to a calendar year. § 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 certificate, for the organi- zations of the active militia mentioned therein as follows: twenty-five hundred dollars for each battery; fifteen hundred dollars for each troop, and one thousand dollars for each com- pany of signal corps and field hospital, 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 dol- lars for each company of signal corps, field hospital, separate troop, battery, separate company or division; and for each regiment, battalion and squadron not part of a regiment, company of signal corps, field hospital, separate troop, separ- ate battery, separate 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, separate troop, battery, company or division. 103 I'or the purposes of allowances granted in this section the corps of engineers and the officers and enlisted men of the coast artillery corps serving in a coast artillery district shall each be considered a regiment and enlisted men of any corps o)' department attached to or assigned to duty with any organ- ization, corps or coast artillery district shall be considered as enlisted men of such organization, corps or coast artillery district. Squadrons not part of a regiment if organized into a regiment and separate 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 as one of the five compulsory parades required to obtain the annual allowance. I 217. Audit and expenditure of funds. — The funds allowed As ammded by under the preceding section shall be expended for the benefit Laws of 1909. of the command to which the same are allowed upon the approval and audit of an auditing board constituted as follows : a. In regiments and battalions and squadrons not parts of regiments the three ranking line officers. b. In the corps of engineers the three ranking officers of the corps serving with the engineer troops. c. In the coast artillery corps the three ranking officers of the corps in each artillery district. d. In batteries, separate troops and separate companies the line officers of the organization. e. In companies of signal corps the officers of the corps on duty with the company. f. In field hospitals the officers of the medical department on duty therewith. g. In the naval militia the commanding officer and the two line officers highest in rank in the organization. The auditing board shall draw an order on the proper county treasurer for the payment of each just claim allowed by it, but such order shall not be paid by the county treasurer until after the vouchers in support of such claim shall have been approved by the major-general for organizations or corps attached to the division, by the commanding officer of a brigade for an organization attached to such brigade, by the commanding officer of the naval militia for organizations of 104 tlie naval militia as the case may be and by the adjutant-gen- eral of the state. When by reason of a vacancy or vacancies in office or of relief from duty or absence on leave of an officer or officers of an organization a quorum of qualified officers cannot be obtained for its auditing board as constituted by this section, ollicers detailed to discharge the duties of the vacant oflicers or relieved or absent officers may act as members of the auditing board to the extent needed to form a. quorum therciif, with the same authority as duly qualified members of the organization would have if present. Aa amended by § 218. Allowances for headquarters. — On the certificate of LawBof 1911 *^® adjutant-general of the state, the comptroller shall, an- nually, draw his warrant upon the treasurer for the follow- ing sums, namely: twelve hundred dollars for the headquar- ters of the naval militia, and for each brigade headquarters; fifteen hundred dollars for each regimental headquarters; five hundred dollars for each battalion and squadron headquar- ters, one hundred dollars additional for each naval battalion provided it contains a special division. For brigade head- quarters in brigades covering a territory of more than ten counties, five hundred dollars, and in brigades whose organiza- tions are located in fifteen or more counties, «ight hundred dollars additional shall be allowed. For the headquarters of each regiment whose organizations are located in more than four counties, an additional one hundred dollars shall be allowed for each comity in excess of four, in which a company organization of such regiment is stationed. For the head- quartei-s of each separate battalion whose organizations are located in more than two counties, an additional one hun- dred dollars shall be allowed for each county in excess of two, in which a company organization of such battalion is stationed. For the corps of engineers fifteen hundred dollars, for each coast artillery district containing eight or more companies fifteen hundred dollars, for each coast artillery district containing less than eight and more than four, com- panies one thousand dollars, for each coast artillery district containing fovir companies five hundred dollars, the funds thus allowed shall only be expended by the Respective commanding officers, the colonel of the corps of engineers and the ranking officer commanding the coast artillery district to which the fund is allowed on the approval of the adjutant-general of 105 the state. Squadrons not part of a regiment if organized into a regiment shall thereby not be deprived of the allowances granted in this section. § 219. Allowance for salaries of officers of division, stafi and clerks. — The major-general shall serve without salary and receive pay only when on duty and under the same condi- tions as permitted by this chapter to other oflBcers of the line. There shall be allowed annually fifteen thousand dollars or so much thereof as may be necessary for salaries of the following officers detailed for duty on the staflF of the division; two adjutants-general; two inspectors-general; two oflBcers of the ordnance department. The amount thus allowed shall be expended as the major-general may direct. The necessary traveling expenses and subsistence of the major-general and the oflicerg of the division staff when travelimg on duty and under orders as well as the office expenses including printing, stationery, postage, expressage and clerical services shall also be allowed. § 220. Pensions. — Every member of the militia who shall be wounded or disabled while in the service of- the state, in cases cf riot, tumult, breach of the peace, resistance to pro- cess, invasion, insurrection, or imminent danger thereof, or wlienever called upon in aid of the civil authorities, shall be taken care of and provided for at the ' expense of the state, and every such member who shall be wounded or disabled or has been so disabled in the performance of any actual service of this state within ten years preceding the application for a pension under this chapter, in case of riots, tumults, breach of the peace, resistance to process, invasion, insurrection or imminent danger thereof, or whenever called upon in aid of the civil authorities, or while engaged in any lawfully ordered parade, drill, encampment or inspection, shall, upon proof of the fact, as hereinafter provided, be placed on the roll of ih' valid pen.sioners of the state and shall receive, out of any moneys in the treasury of the state, not otherwise appro- priated, upon the audit of the adjutant-general of this state and approval of the governor,, the like pension or reward that persons under similar circumstances receive from the United States," and in case of any wound, injury or disease causing death, then the widow or minor children of such member of the militia shall receive such pension and reward, from the 106 time of receiving the injuries on account of which such pen- sion or reward is allowed. No officer or enlisted man shall be entitled, while in active service, to make application for or to leceive a. pension. § 221. Proof required; striking from roll. — Before the name of any person is placed upon the roll under this article, proof shall be made under such regulations as the adjutant-general of the state may from time to time prescribe, that the ap- plicant is entitled to such pension. The adjutant-general of the state, with the approval of the governor, shall cause to be stricken from the pension-roll the name of any person, whenever it appears by satisfactory proof that such name was put upon such roll through false or fraudulent repre- sentations. The adjutant-general of the state, with the ap- proval of the governor, may increase or reduce, or withdraw any pension, according to the right and justice and the prac- tice in the United States pension office. § 222. Pension examiners and examining boards. — The ad- jutant-general of the state is authorized to appoint pension examiners, whose duty it shall be to inquire into the merits of any claim for pay and care and pension, whether pending or adjudicated, and any person so appointed shall have power to administer oaths, to orally examine witnesses, to issue subpoenas, and to take affidavits and depositions in the course of such examinations. The adjutant-general of the state shall further appoint examining boards, consisting of not more than three medical officers of the national guard or naval militia, who shall under his direction make such examination of claimants as he shall require, and certify the result in such form as he shall prescribe, and any person adversely affected by the report of one medical officer shall be entitled to an examination upon his request before a board consisting of three medical officers. § 223. Pay and care when injured or disabled in service. — A member of the nationa-l guard or naval militia who shall, when on duty or assembled therefor, in case of riot, tumult, breach of peace, insurrection or invasion, or whenever ordered by the governor, the major-general, or the commanding officer of the naval militia, or called in aid of the civil authorities, receive any injury, or incur or contract any disability or disease, by reason of such duty or assembly therefor, or who 107 shall without fault or neglect on his part be wounded or dis- abled while performing any lawfully ordered duty, which shall temporarily incapacitate hira from pursuing his usual business or occupation, shall, during the period of such incapacity, re ceive the pay provided by this chapter and actual necessary expenses for care and medical attendance. No claim shall be allowed under this section unless the claimant within tJiirty days after receiving the injury or contracting the disease or disability upon which the claim is made, notifies in writing the adjutant-general of the state of his intention to make such claim. Where a claim is made under this section the adjutant-general of the state may cause examinations of the claimant to be made from time to time by a medical officer or officers designated for the purpose by the adjutant-general of the state, and he may direct the removal of a claimant to, and his treatment in, an hospital designated by the adjutant- general of the state, and if the claimant refuse to permit any such examination or if he refuse to go to such hospital or to follow the advice given or treatment prescribed for him therein, he shall thereby forfeit and be barred from all right to any claim or allowance under this section. Under this chapter no disability shall be considered temporary which continues for more than ninety days from the date of receiv- ing the injury or of incurring or contracting the disease or disability, and pay and expenses for care and medical attend- ance for more than the said ninety days shall not be allowed. .411 claims arising under this section shall be inquired into by a medical examiner or by a board of three officers, at least one being a medical officer, to be appointed by the ad- jutant-general of the state, upon the application of the member claiming to be so incapacitated. Such medical ex- aminer or board shall have the same power to take evidence, administer oaths, issue subpoenas and compel witnesses to attend and testify and produce books and papers, and punish their failure to do so, as is possessed by a general court- martial. The findings of the medical examiner or board shall be subject to the approval of the adjutant-general of the state, who may return the proceedings of the medical examiner or board for revision and for taking further testimony. The amount found due such member by said medical examiner or board to the extent that the findings are approved by the ad- 108 jutant-general of the state, shall be a charge against and be paid in the manner provided by this chapter, by the county in which such duty was rendered, in every case where a county is by this chapter made liable to pay for the performance of mili- tary duty. In all other cases such sums shall be paid by this state, in like manner as other military accounts are paid. § 224-. Appeals and rehearing. — The adjutant-general of the state may disapprove the report of any medical examiner or board appointed under the provisions of this article, and de- termine the claim made upon the merits. He may upon the application of any claimant made within six months after the service of notice on such claimant, or his attorney, of the disapproval or disallowance of his claim or any part thereof, re-open said claim and order a rehearing before another medical examiner or board. A person making a claim under the provisions of this article may appeal to the adjutant- general of the state from the decision or finding of any medical examiner or board within six months after notice of such decision or finding shall be served on him or his attorney, and the adjutant-general of the state shall hear and determine such appeal on the merits and may take testimony in the same manner as upon an original application and may ap- prove, disapprove or modify the findings and decision of any medical examiner or board. § 225. Reports of county treasurers; bonds for militaty funds; funds of disbanded organizations. — Each county treas- urer shall report on the first day of March and September of each year, to the adjutant-general of the state, the amount of all moneys received and paid out by him on account of and the amount remaining in his hands to the credit of each mili- tary or naval organization, corps or artillery district. The bond now required by law to be given by county treasurers for the faithful discharge of their duties, shall be held to apply to any moneys that may come into their hands under the provisions of this chapter, but no fees or commissions on any such moneys shall be charged, received or retained by any county treasurer. The adjutant-general of the state is hereby authorized and empowered to draw, use and apply to the benefit of the national guard and naval militia any and all moneys and balances remaining in the hands of the several county treasurers of the state, to the credit of any military 109 or naval organization, corps or artillery district which has been disbanded, or to pay audited bills of disbanded military or naval organizations, corps or artillery districts from such funds, or from unexpended national guard or naval militia appropriations where balances remain. The several county treasurers of this state are authorized and directed to pay to the adjutant-general of the state, upon his order, all moneys remaining in their hands to the credit of any dis- banded military or naval organization, corps or artillery dis- tricts. The certificate of the adjutant-general of the state shall be sufficient evidence of the disbandment of any such military or naval organization, corps, or artillery district. The use or appropriation by a county treasurer of any money belonging to the military fund of a military or naval organ- ization, corps or artillery district to any other use or purpose different from that authorized by this chapter, shall con- stitute the crime of larceny and be punished accordingly. § 226. Interest on military funds in the hands of the cham- berlain of the city of New York or the several county treas- urers of the state. — ^Any moneys which may have accrued, or which may hereafter accrue, and be on deposit with the chamberlain of the city of New York, or with the treasurer of any county, as interest upon moneys constituting the military funds of the state, or of military or naval organizations, corps or artillery districts located in the respective counties, shall be subject to the draft of the adjutant-general of the state, for the use, and to be applied to the benefit, of the national guard of the state. ARTICLE XI. PBIVILEGEe, PbOHIBITIONS AND PENALTIES. Section 235. Exemption from civil process. 236. Right of way. 237. Free passage through toll-gates. 238. Exemption from jury duty. 239. Unlawful conversion of military property; unlaw- ful wearing of uniforms and devices indicating rank. 240. Trespassers and disturbers to be placed in arrest; liquor and huckster sales prohibited. 110 Section 241. Military parades by unauthorized bodies pro- hibited. 242. Separate companies and iseparate divisions. 243. Amendatory and repealing statutes. 244. Devices and bequests. 245. Every officer. 246. Oaths. § 235. Exemption from civil process. — No person belonging to the active militia of the state shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty. § 236. Sight of way. — The commanding oflBcer of any por- tion of the active militia parading or performing any military duty in any street or highway, may require any or all per- sons in such street or highway to yield the right of way to such militia, provided the carriage of the United States mail, the legitimate functions of the police and the progress and operations of the hospital ambulances and fire engines and fire departments and apparatus of the insurance patrol shall not be interfered with thereby. All others who shall hinder, delay, or obstruct any portion of the active militia wherever parading or performing any military duty, or who shall at- tempt so to do, shall be guilty of a misdemeanor. § 237. Free passage through toll-gates. — ^Any person belong- ing to the military forces of the state going to or returning from any parade, encampment, drill or meeting which he may be required by law to attend, shall, together with his con- veyance and the miilitary property of the state in his charge, be allowed to pass free through all toll-gates and over all toll bridges and ferries, if he is in uniform or presents an order for duty or certificate of membership in the active militia. As amended by § 238. Exemption from jury duty. — Every member of the Chap. 100, active militia shall be exempt from all jury duty, provided Laws 01 191X v r he shall furnish the certificate of his immediate commanding officer that he has performed the duties required of him for the year immediately preceding a summons to act as a jury- man or during the period of his service if less than one year. And every such member who shall have served five Ill years and shall have received one or more full and honorable discharges covering that entire pel-iod, shall be exempt for- ever after from all jury duty. The words "all jury duty" as used in this section shall include coroners' juries. § 4. Contracts of enlistment for a term of five years out- standing when this act takes eflFect shall be deemed to termin- ate three years from the date of enlistment and the enlisted man may be discharged on his own application or otherwise in the same manner as if his original term of enlistment had been for three years and he shall when discharged receive such form of discharge as a man who hereafter enlists for a term of three years would be entitled to receive for like ser- vice. § 239. Unlawful conversion of military property; unlawful wearing of uniforms and devices indicating rank. — Any per- son who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by a commissioned officer of the national guard or naval militia, or in any manner pawn or pledge any arms, uniforms, equipments, or other military or naval property, issued under the provisions of this chapter, and. any person who shall wear any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or by general regulation, duly promulgated, prescribed for the use of the active militia or similar thereto; except members of the army and navy of the United States and the national guard and naval militia of this or any other state, officers of the independent military organizations so designated in sec- tion two hundred and forty-one of this chapter, members of associations wholly composed of soldiei's honorably discharged from the service of the United States and members of the order of Sons of Veterans, shall be guilty of a misdemeanor and in addition thereto shall forfeit to the people of this state one hundred dollars for each offense, to be sued for in the name of the people by a judge-advocate. All money re- covered by any action or proceeding under this section shall be paid to the adjutant-general, of the state who shall apply the same to the use of the active militia. § 240. Trespassers and disturbers to be placed in arrest; liquor and huckster sales prohibited. — The commanding officer upon any occasion of duty may place in arrest during the 112 oontinuance thereof any person who shall trespass upon tEe camp ground, parade ground, armory or other place devoted to such duty, or shall in any way or manner interrupt or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the passage of troops going to or returning from any duty. , 'He may prohibit and prevent the sale or use of all spirituous liquors, wine, ale or beer, the holdina of huckster or auction sales, and all gambling within the limits of the post, camp ground, place of encampment, parade or drill under his com- mand or within such limits not exceeding one mile therefrom as he may prescribe. And he may in his discretion abate as common nuisances all such sales. Ab amendedlby § 241. Military parades by unauthorized bodies prohibited. Lam'oflQll. N'o body of men other than the active militia and the troops of the United States 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 on May first, known as Dewey day, or upon the recep- tion 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 (in- stitutions where military science is a prescribed part of the course of instruction, and eadet organizations composed of youths under eighteen years of age, under responsible in- structors, may, with the consent of the governor, drill and parade with fire arms in public under the superintendence of their instructors. 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 puard or naval militia of any other state. The independent military organizations mentioned in this section, not regular- 113 ly 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 to whom it is ordered to re- port, 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 or- ganizations when called into 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 pro- vision of this section shall be deemed guilty of a misdemeanor. . § 242. Separate companies and separate divisions. — The words " separate company," or " separate division," whenever used in this chapter shall be construed to apply to and mean separate companies or separate divisions existing, organized and recognized by the governor as such on April second, eighteen huadred and ninety-eight, irrespective of their being now or hereafter part of a regiment or battalion, and to such similar organizations as may have been since or may be here- after created, and as may be certified by the adjutant-general of the state to be separate companies or separate divisions within the meaning of this section, irrespective of their being or becoming parts of a regiment or battalion. § 243. Amendatory and repealing statutes. — No section or provision of this chapter or any part thereof shall be deemed to be repealed, altered or amended by any statute passed by the legislature unless such statute explicitly refers to this chapter as the military law, or by its other titles as part of the general laws or annual legislation and explicitly re- peals, alters, or amends the same or some part thereof. § 244. Devises and bequests. — A regiment, battalion or As amended by squadron, a company, troop, battery, division, company of the Laws of 1911. signal corps, field hospital, detachment of the hospital corps 114 attached to a regiment, battalion or squadron and each unit not hereinbefore mentioned into which the national guard and naval militia may be divided for organization or adminis- trative purposes, may take by devise and bequest real and personal estate for its uses and purposes as a military organi- zation, and may hold, mortgage, sell or otherwise dispose of the same. The title to such property shall vest in the com- missioned officer or officers of the organization and if there be three or more of such officers the property shall be man- aged by their majority vote and disposed of by their two- thirds vote. New § 245. Every officer and employee of the state or of a munic- Section added by Chap. 103, VI ipal corporation thereof who is a member of the national guard Law8,ofl911. jjj, jiayj^i militia shall be entitled to absent himself from his duties or service while engaged in the performance of ordered military or naval duty under the provisions of this chapter and while going to and returning from such duty. No such officer or employee shall be subjected by any person whatever directly or indirectly by reason of such absence to any loss or diminution of his salary or compensation or to any loss or diminution of vacation or holiday privileges or be preju- diced by reason of such absence with reference to promotion or continuance in office or employment or to reappointment to office or to re-employment. The terms "officer" and "em- ployee" as used in this section shall include every person by whatsoever title, description or designation known who re- ceives any pay, salary or compensation of any kind from the state or a municipal corporation thereof, totion'added by § ^^- O^ths. — ^An oath authorized or required by this chap- Chap. 103, ^s! ter or the regulations issued thereunder or the regulations governing the United States army or navy when in force as provided in this chapter may be taken, except in the cases where other provision is expressly made in this chapter, before the following persons who are authorized to O/dminister the same within and without the state, namely: Officers of the national guard of or above the grade of captain when such oath is authorized or required in a matter pertaining to the national guard, and officers of the naval militia of or above the grade of lieutenant when such oath is authorized or re- quired in a matter pertaining to the naval militia except officers of both land and naval forces on the retired and super- numerary lists while unassigned to duty. 115 ARTICLE XII. Miscellaneous Pbovisioijs. Section 250. Joint service on land. 251. Duties by title of office. ^2. Formation of associations; by-laws. 253. Formation of state association. 264. Violation of by-laws; expulsion. 255. Eules and regulations. 256. Custom and usage of the United States army and navy. 257. Organizations not attached tp a brigade. 258. Laws repealed. 259. Name of this chapter. 260. When to take effect. i § 250. Joint service on land. — When the national guard and naval militia are on duty together at the same time, the com- manding officer of the national guard shall have command of the whole force. § 251. Duties by title of office. — The duties assigned to an officer by title in this chapter shall devolve, in case of absence or disability to command of the officer named, upon the line officer next in, rank, except as otherwise provided in this chapter. § 252. Formation of associations; by-laws. — The officers of As amended by any regiment or battalion or squadron not a part of a regi- L5^'onTO9' ment, the officers of the corps of engineers serving with the Chap. 104, . ,• ,.■■«. ,7-. , ,.T, Lswaot|19U. engmeer troops, and the officers of the coast artillery corps serving in the same artillery district, and the members of any squadron, troop, battery, company, division, company of signal corps, field hospital, ambulance company or detachment of hospital corps, may organize themselves into an association of which the commanding officer shall be president; provided, however, that such association shall by an affirmative vote of two-thirds of all their members adopt by-laws, rules and regu- lations not inconsistent with this chapter, and which shall conform to the system prescribed in general regulations, and be submitted to the major-general or the commanding officer of the naval militia, as the case may be, for his approval; and which by-laws shall provide that the treasurer of such asso- ciation shall furnish proper security for the faithful perform- ance of his duties ; that all funds of the association shall be 116 kept in a bank of deposit in a separate account in the name of the association; that checks upon such funds shall be signed both by th'fe treasurer and the commanding officer of such association; and that the books and accounts of such association shall at all times be open to the inspection of any official whose duty it is to inspect the organized militia of the state or of any member of the association. Such by-laws may contain such other provisions as arc not inconsistent with the limitations herein set forth, and when approved by the major-general or the commanding officer of the naval militia, as the case may be, such by-laws, rules and regulations shall be binding upon all commissioned officers and enlisted men therein; but they may be altered in the manner provided for their adoption from time to time as may be found neces- sary, provided, however, that the essential provisions herein- above set forth shall in no ease be omitted or qualified. Every association already formed which has not adopted by-laws under the regulations and limitations hereinabove set forth; and every association heretofore formed which has adopted by-laws that do not contain the essential requirements herein- above set forth shall adopt revised by-laws containing such requirements and submit the same for approval to their re- spective commanding officers as above set forth. " § 253. Formation of state association. — The officers of the active militia may organize themselves into an association, the name of which shall be "the national guard association of the state of New York." Such association may adopt by- laws not inconsistent with the statutes of the state and alter and amend the same and may take and hold such real and personal property as may be necessary for the purposes of the association. § 254. Violation of by-laws; expulsion. — -For violation of by-laws, rules and regulations of associations organized pur- suant to this chapter, enlisted men in addition to trial by a military court, may also be expelled from the organizations to which they belong by a vote of the majority of all its members, and upon such action being confirmed in orders by the commanding officer of the regiment, battalion or squadron not part of a regiment, and in case of an organi- zation, not part of a regiment, battalion or squadron, by the officer to whose command it is attached, in case of the corps of engineers by the colonel, in the case of the coast artillery 117 corps by the ranking officer serving in the artillery district, the name of such person shall be stricken from the roll of the organization of which he was a member, his certificate of membership shall be surrendered and canceled, and he shall cease to be a member thereof, and his time of service in the same shall not be allowed. § 255. Rules and regulations. — The governor is hereby au- torized to make such rules and regulations as he may deem expedient, but such rules and regulations shall conform to this chapter, and, as nearly as practicable, to those governing the United States army and navy and when promulgated, shall have the same force and effect as the provisions of this chapter. Such rules and regulations shall not be repealed, altered, amended or added to, except by the major-general or the commanding officer of the naval militia, with the ap- proval of the governor. The rules and regulations in force at the time of the passage of this chapter, shall remain in force until the new rules and regulations are approved and promulgated. I 256. Custom and usage of the United States aimy and navy. — All matters relating to the organization, discipline and government of the national guard and naval militia, not otherwise provided for in this chapter or in the general regu- lations, shall be decided by the custom and usage of the United States army or navy respectively. § 257. Organizations not attached to brigade. — Organiza- tions or corps not part 'Of or attached to any brigade shall be under the command of the major-general for all pxurposes. § 258. Laws repealed. — Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. § 259. Name of this chapter. — This chapter shall be known as the "military law." § 260. When to take effect. — This chapter shall take effect immediately. Schedule of Laws Eepealed. Revised Statutes.... Part 1, chapter 9, title 7, ..section 4 Revised Statutes. . . . Part 1, chapter 10, All Laws of Chapter Section 1778... 2 All (Ist Sess.). 1778 9 All. 118 Laws of Chapter Section 1778 15 All. 1778 22 All. 1778 28 All. 1778 29 All. 1778 33 All. 1778 37 All. 1778 41 All. 1778 43 All. 1778 46 All. 1778 4 All (2d Sess.). 1778 5 All (2d Seas.). 1779 8 All (2d Sess.). 1779 13 All (2d Sess.). 1779 21 All (2d Sess.). 1779 22 All (2d Sess.). 1779 26 All (2d Sess.). 1779 28 All (2d Sess.). 1779 30 All (2d Sess.). 1779 32 All. 1779 33 All. 1779 34 3. 1779 1 All (3d Sess.). 1779 2 All (3d Sess.). 1779 4 All (3d Sess.). 1779... 11 All (3d Sess.). 1779 13 All (3d Sess.). 1779 15 All (3d Sess.). 1779 26 All (3d Sess.). 1779 28 All (3d Sess.). 1780 34 All. 1780 " 39 All. 1780 41 All. 1780 53 All. 1780 54 All. 1780 55 All. 1780 66 All. 1780 67 All. 1780 69 All. 1780 70 All. 1780 74 All. 119 Laws of Chapter , Section 1780 75 All. 1780 78 All. 1780 7.9 2. 1780 4 All (4th Sess.). 1780 6 All (4th Sess.). 1780 8 All (4th Sess.). 1780 14 All (4th Sess.) . 1780 15 All (4th Sess.). 1781 18 All. 1781 23 ' All. 1781...... 28 All. 1781 32 All. 1781 33 All. 1781 35 All. 1781 40 All. 1781 42 All. 1781 60 All. 1781 61 All. 1781 63 All. 1781 8 All (5th Sess.). 1781 16 All (5th Sess.). 1782 22 All. 1782 27 All. 1782 39 All. 1782 40 All. 1782 42 All. 1782 46 9. 1782 7 All (6th Sess.). 1783 16 All. 1783 30 All. 1783 36 All. 1783 43 All. 1783 44 All. 1783 47 All. 1783 54 AH. 1784 36 All. 1784 65 27-31,36. 1785 82 All. 1786 25 All. 1786 42 All. 120 Laws of Chapter Section 1787 92 All. 1788 95 31. 1789 49 All. 1791 2 All. 1793 45 All. 1794 27 All. 1794 41 All. 1794 58 20. 1795 43 All. 1796 68 2-U. 1797 62 11. 1798 5 All (22d Sess., 1st meeting) . 1798 6 All (22d Sess., 1st meeting). J799 71 All. 1801 61 18. 1801 166 All. 1S02 85 All. 1802 120 All. 1803 86 2, 3. 1803 87 All. 1804 85 All. 1805 100 All. 1806 166 All. 1807 71 All. 1807 166 1. 1808 154 All. 1808 168 1-4. 1808 214 All. 1808 240 30,31. 1809 17 All. 1809 165 All. 1810 121 All. 1811 246 50-52. 1812 139 1-16. 1812 239 21. 1815 16 All. 1815 17 All. 1815 18 All. 121 Laws of Chapter Section 1815 24 3-6. 1815 25 All. 3816 50 All. 1817 64 1, part relating to ex- emption from mili- tary duty. 1817 259 All. 1817 269 7. 1818 222 All. 1818 288 3. 1819 219 All. 1820 247 All. 1821 211...'. All. 1823 244 All. 1824 247 All. 1S24 269 All. lS2o 290 All. 1827 323 All. 1828 19 All (2d Meet.). 1828 20 15, IT 9 (2d Meet.). 1828 21 1, W 160, 162,259, 396, 414 (2d Meet.). 1829 335 All. 1831 257 All. 3835 153 All. 1835 304 All. 1838 204 All. 1839 361 All. 1839 367 2. 1840 230 All. 1840 350 All. 1842 64 2. 1842 134 All. 1845 69 All. 1846 , 65 1. 1846 139 All. 184(6 270 All. 1847 180 All. 1847 205 All. 1847 290 All. 122 Laws of Chapter Section 1847 349 1. 1847 440 All. 1847 494 All. 1848 100 Part relating to mili- tary service. 1848 188 Part relating to mili- tary service. 1848 220 All. 1848* 227 All. 1849 254 All. 1849 307 All. 1849 316 All. 1849 412 All. 1850 85 All. 1850 343 All. 1851 166 All. J851 180 AH. 1851 241 All. 1851 508 All. 1852 199 All. 1852 204 All. 1852 219 All. 1852 240 All. 1852 385 All. 1853 7 All. 1853 371 All. 1854 398 All. 1855 228 All. 1855 261 All. 1855 -. 521 All. 1855 536 All. 1857 391 All. 1858 129 All. 1858 343 All. 1859.... 176 All. I860 18 All. 1881 277 All. 1861 292 All. 1862 397 All. 1862 421 All. 123 Laws of Chapter Section 1S62...., 477 All. 1863 113 All. 1863 184 All. 1863 409 All. 1863 425 All. 1864 2 All. 1864 51 All. 1864 334 All. 1865 29 1-6,8-14. 1865 41 1-6, 8-11, 1865 84 All. 1865 226 1, 2, 4, 5. 1865 325 8. 1865 612 All. 1885 690 All. 1865 744 All. 1866 468 All. 1866 610 All. 1866 665 All. 1866 809 All. 1867 502 All. 1868 651 All. 1869 645 1, part amending L. 1862, Ch. 477, § 15 1869 778 All. 1870 80 All. 1872 91 All. J8T2 517 All. 1872 518 All. 1872 699 All. 1872 761 All. 1874 268 All. 1874 386 All. 1875 223 All. 1875 518 All. 1876 29 All. 1876 429 All. 1877 418 All. 1878 35 AU. 1878 275 All. 124 Laws of Chapter Section 1878 .... 369 . . . . All. 1879.... •. . . .. 11 . . . . 3 1879 , . ... 92 . . . . All. 1880 546 All 1830 , 547 All. 1883 .... 299 All 1884 71.. .. . . All 1884 .... 91 . . . . All. 1884 . ... 305 . . . . All. 1884 .... 322 . . . . All. 1884 .... 323 . . . . All. 1885 .... 118 . . . . All. 188S 268 All 1885 310 All. 1886 . .. 412 . . . . All. 1886 . . . 487 . . . . . All 1886 ... 668 . . . . All. 1887 ... 51 .... 1. 1887 ... 247 All. 1887 ... 330 .. All 1887 ... 611 . . . . All. 1887 ... 649 ... All. 1888 ... 292 . . . . All. 1888 .'. . ... 329 All 1888 . .. 332 AH 1888 ... 528 , . . . All. 1889 ... 396 All. 1889 ... 492 , . All 1890 ... 360 , . . . All. 1890 ... 485 . . . All. 1891 ... 243 , . . . All. 1891 . . . 261 . . . All. 1892 ... 29 . . . All. ]892 ... 468 . . . All. 1892 ... 472 . . . All. ]8«2 ... 708 All 1893 ... 559 ... All. 1894 ... 389 . . . All. 1894 ... 457 . . . All. 1894 ... 554 ... All. 125 Laws of Chapter Section 1895 COO . . All. 1895 .... 728 . . . . All. 1895 . ... 733 . . . . All. 1895 . ... 924 . . . . All. 1896 . . . . 197 . . . . AH. 1896 . ..: .360 . . . . All. 1896 .... 668 . . . . All. 1896 .... 853 . . . . All. 1S97 . ... 591 . . . . All. 1897 690 All. J89S 212 All. ]898 ... 601 All. 1899 240 All. 1899 . . . . 507 . . . . All. 1899 508 All. 1900 746 . . . . All. 1901 . ... 314 . . . . All. 1903 .... 74 . . . . All. ]903 75 All. 1903 76 All. 1903 77 All. 1903 .... 211 . . . . All. 1903 . ... 213 . ... All. 1908 .... 271 . . . . All. ] 903 435.'. All. 1904 .... 24 . . . . All. 1904 25 All. 1904 . ... 147 , . . . All. 1904 , 149 All. 1904 .... 310 . . . . All. 1904 . ... 321 . . . . All. 1904 .... 753 . . . . All. 1905 . . 310 . . All. 1905 . .. 419 . . . . All. 1905 .... 617 . . . . All. 1905 ... 618 . . . All. 1905 . ... 694 . . . . All. 1906 .... 16 . . . . All. 1900 17 . . . . All. 1900 18 . . . . All. 126 Laws of Chapter Section i906 104 All. 1906 105 All. 1906 133 All. 1908 134 , All 1906 160 All. 1906 201 All. 1906 ..... 420 All. 1907 312 All. 1907 313....... All. 1907 481 All. 1908 1 All. 1008 231 All. Code Civil Procedure 107. 127 EXTRACT FROM CONSTITUTION OF THE STATE OF NEW YORK. ARTICLE XI. Section 1. State militia. — All able-bodied male citizens between the ages of eighteen and forty- five years, who are residents of the State, shall constitute the militia, subject however to such exemptions as are now, or may be hereafter created by the laws of the United States, or by the Legis- lature of this State. § 2. Enlistment. — The Legislatiire may provide for the enlistment into the active force of such other persons as may make application to be so enlisted. § 3. Organization of militia. — The militia shall be organ- ized and divided into such land and naval, and active and reserve forces, as the Legislature may deem proper, provided however that 'there shall be maintained at all times a force of not less than ten thousand enlisted men, fuUy uniformed, armed, equipped, disciplined and ready for active service. And it shall be the duty of the Legislatiu-e at each session to make sufficient appropriations for the maintenance thereof. Does not forbid mon^s other than legialative appropriations being applied to support of militia. Goedel v. Palmer, 15 App. Div.'86. Act making compensation of janitors of armories a county charge is valid. Bryant v. Palmer, 152 N. Y. 412. § 4. Appointment of military officers by the Goveinor. — The Governor shall appoint the chiefs of the several staff depart- ments, his aides-de-camp and military secretary, all of whom shall hold office during his pleasure, their commissions to expire with the term for which the Governor shall have been elected; he shall also nominate, and with the consent of the Senate appoint, all major-generals. § 5. Manner of election of military officers prescribed by Legislature. — ^All other commissioned and non-commissioned officers shall be chosen or appointed in such manner as the Legislature may deem most conducive to the improvement of the militia, provided, however, that no law shall be passed changing the existing mode of election and appointment unless two-thirds of the members present in each house shall concur therein. 128 g 6. Commissioned officers; their removal. — The commis- sioned officers shall be commissioned by the Governor as commander-in-chief. No commissioned officer shall be removed from office during the term for which he shall have been appointed or elected, iinless by the Senate on the recom- mendation of the Governor, stating the grounds on which such removal is recommended, or by the sentence of a court- martial, or upon the findings of an examining board organized pursuant to law, or for absence without leave for a period of she months or more. Militaiy board of examination is judicial body. People ex rel. Smith v. Hoffman, 166 N. Y. 462. 129 EXTRACTS FROM THE STATUTES OF THE STATE OF NEW YORK. PENAL LAW. § 517. Discrimination against United States unifoim. — A person who excludes from the equal enjoyment of any accom- modation, facility or privilege furnished by innkeepers or common carriers, or by owners, managers or lessees of theaters or otlier places of amusement or resort, any person lawfully wearing the uniform of the army, navy, marine corps or revenue cutter service of the United States, because of that uniform, is guilty of a misdemeanor. § 1426. Malicious injury and destruction of property. — A person who willfully: **»*f ***#♦ ♦ 13. Injures any arsenal or armory, or its fixtures, or any uniforms, arms or equipments, or any property therein depos- ited ; or 14. Trespasses upon any rifle range lawfully used by or in connection with the national guard of the state or any organ- ization, division or district thereof, or injures any target or other properly situate thereon, or willfully violates thereon any regulation established to maintain order, preserve property or prevent accidents upon such range, or removes, mutilates or destroys a battle-flag, book, placard, relic or record de- posited or kept in the state military bureau shall be deemed guilty of a misdemeanor. § 1480. A person, who, either by himself or with another, wilfully deprives a member of the national guard of his em- ployment, or prevents his being employed by himself or an- other, or obstructs or annoys said member of said national guard, or his employer, in respect of his trade, business, or employment, because said member of said national guard is such member, or dissuades any person from enlistment in the said national guard by threat of injury to him in case he shall so enlist in respect of his employment, trade, or busi- ness, is guilty of a misdemeanor. § 1481. No association or corporation, constituted or organ- ized for the purpose of promoting the success of the trade. 130 employment, or business of the members thereof, shall hy any constitution, rule, by-law, resolution, vote, or regulation, discriminate against any member of the national guard of the State of New York because of such membership in re- spect of the eligibility of such member of the said national guard to membership in such association or corporation, or in respect of his right to retain said last mentioned member- ship; it being the purpose of this section and the section immediately preceding to protect a, member of the said national guard from disadvantage in his means of livelihood and liberty therein but not to give him any preference or advantage on account of his membership of said national guard. A person who aids in enforcing any such provision against a member of the said national guard with the intent to discriminate against him because of such membersihip, is guilty of a misdemeanor. § 1482. Drugging person for enlistment. — A person who ad- ministers any drug or stupifying substance to another, with tlie intent, while such person is under the" influence thereof, to induce such person to enter the military or naval service of the United States, of this state, or any other state, coun- try or government, is guilty of a misdemeanor. § 1483. Seizing military stores belonging to the state.— A person who enters any fort, magazine, arsenal, armory, arse- :nal yard or encampment, and seizes or takes away any arms, ammunition, military stores or supplies belonging to the people of this state and a person who enters any such place with intent so to do, is punishable by imprisonment in a state prison not exceeding ten years. § 1484. Converting military property; unlawfully wearing uniform. — ^Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by a, commis- sioned officer of the national guard, or in any manner pawn or pledge any arms, uniforms or equipments issued under the provisions of the military law, and any person not a member of the national guard, except members of organizations spec- ially authorized to do so by the military law, who shall wear any uniform or designation of grade similar to those in use by the national guard issued or authorized under the provisions of said law, is guilty of a misdemeanor. 131 § 1485. Introduction of spirituous or malt liquors into arsenal or armory. — Any person who introduces any wine, spirituous or malt liquors into any arsenal or armory, except when prescribed for medicinal purposes by a medical oiEcer of the national guard, is guilty of a misdemeanor. § 1486. Unlawfully exacting toll of a member of the na- tional guard. — Any person, master or keeper of a toll-gate, toll-bridge or ferry, or any person in charge thereof, who will- fully hinders or delays any member of the national guard or refuses free passage to any such member going to or return- ing from any parade, encampment, drill or meeting which he may be by law required to attend, or willfully hinders, delays or refuses free passage to anj' conveyance or military property of the state in charge of a member of said guard, is guilty of a, misdemeanor. § 1487. Failure to respond to military duty. — Every mem- ber of an independent military organization not regularly or- ganized as an organization of the national guard, who fails to respond or to do militnry duty, or refuses to enlist when lawfully called upon to do so by the commamder-in-chief in cases of emergency or necessity, is guilty of a misdemeanor. *»*» *#♦»* » § 1858. Falsely marking enrolled person exempt. — ^A county clerk who marks "exempt" any person enrolled as liable to military duty, whom he knows not to be exempt, is guilty of a misdemeanor. § 1937. Punishment of misdemeanors.— A person convicted of a crime declared to be a misdemeanor, for which no other punishment is especially prescribed by this chapter or by any other statutory provision in force at the time of the conviction and sentence, is punishable by imprisonment in a penitentiary or county jail for not more than one year, or by a fine of not more than five hundred dollars, or by both. 132 CODE OF CRIMINAL PROCEDURE. CHAPTER IV. Prevention and suppression of riots. § 102. Power of sheriff, etc., in overcoming resistance to process. — When a sheriff or other public oflSeer authorized to execute process has reason to apprehend that resistance is about to be made to the execution of the process, he may com. maud as many male inhabitants of his couiity as he thinks proper and any military company or companies in the county, armed and equipped, to assist him in overcoming the resistance find, if necessary, in seizing, arresting and confining the re- sisters and their aiders and abettors, to be punished according to law. § 103. His duty to certify, etc. — The officer must certify to the court from which the process issued the names of the resisters and their aiders and abettors, to the end that they may be proceeded agatnst for contempt. § 104. Duty of a person, etc., to aid the officer. — Every person coiumamJed by n. public officer to assist him in the execution of process, as provided in section one hundred and two, who, without lawful cause, refuses or neglects to obey tlie command, is guilty of a misdemeanor. § 105. When governor to order out a military force, etc. — ^If it appear to the governor that the power of the county is not sufficient to enable the sheriff to execute process de- livered to him, he must, on the application of the sheriff, order such u military force from any other county or counties as is necessary. § 106. Magistrates and officers to command rioters to dis- perse. — ^When persons to the number of five or more, armed witli dangeions weapons, or to the niunber of ten or more, whether armed or not, are unlawfully or riotously assembled in a city, village or town; the sheriff nl the county and his under sheriff and deputies, the ma>or and aldermen of the city, or the supervisor of the town, or president or chief execu- tive officer of the village, and the justices of the peace or the police justices of the city, village or town, or such of them as can forthwith be collected, must go among the persons as- senihled and command them, in the name of the people of the state, immediately to disperse. 133 § 107. To arrest rioters, etc. — if the persons assembled do not immediately disperse, the magistrates and officers must ar- rest them, or cause them to be arrested, that they may be pun- islied according to law; and for that purpose may command the aid of all persons present or within the county. § 108. Consequences of refusal to aid, etc. — If a person so commanded to aid the magistrates or officers neglect to do so, he is deemed one of the rioters and is punishable accordingly. § 109. Consequences of neglect or refusal of magistrate or officer to act. — If a magistrate or officer having notice of an unlawful or riotous assembly mentioned in section one hundred and six, neglect to proceed to the place of the as- sembly, or as near thereto as he can with safety, and to exer- cise the authority with which he is invested for suppressing the same and arresting the offenders, he is guilty of a mis- demeanor. § 110. Proceedings, if rioters do not disperse. — If the per- sons assembled and commanded to disperse do not immediately disperse, any two of the magistrates or officers mentioned in section one hundred and six may command the aid of a suffi- cient number of persons and may proceed in such manner as in their judgment is necessary to disperse the assembly and arrest the offenders. § 111. Officers who may order out the military. — When tliere is an unlawful or riotous assembly with intent to com- mit a felony, or to offer violence to person or property, or to resist by force the laws of the state, and the fact is made to appear to the govertior, or to a judge of the supreme court, or to a county judge, or to tfle sheriff of the county, or to the mayor, recorder or city judge of a city; either of those officers may issue an order directed to the command- ing officer of a division, brigade, regiment, battalion or com- pany, to order his command, or any part of it (describing the kind and number of troops), to appear at a specified time and place to aid the civil authorities in suppressing violence and enforcing the law. § 112. Commanding officer and troops to obey the order. — The commanding officer to whom the order is given must forthwith obey it; and the troops required must appear at the time and place appointed, armed and equipped with ammunition as for inspection, and render such aid. 134 § 113. Armed force to obey orders. — When an armed force is called out for the purpose of suppressing an unlawful or riotous assembly it must obey the orders in relation thereto of either of tbe oflScers mentioned in section one hun- dred and eleven. § 114. Conduct of the troops. — Every endeavor must be used both by the magistrates and civil officers and by the officer commanding the troops, which can be made con- sistently with the preservation of life, to induce or force the rioters to disperse before an attack is made upon them by which their lives may be endangered. § 115. Governor may proclaim, etc. — When the governor is satisfied that the execution of civil or criminal process has been forcibly resisted in any county by bodies of men, or that combinatio.is to resist the execution of process by force exist in any county, and that the power of the county has been exerted and has not been sufficient to enable the officer having the process to execute it, he may, on the application of the officer, or of the district attorney or county judge of the county, by proclamation to be published in the state paper and in sucli papers in the county as he may direct declare the county to be in a state of insurrection. § 116. May call out the militia. — ^After the proclamation mentioned in the last section, the governor may order into the service of the state such number and description of volunteer or uniform companies, or other militia of the state, as he deems necessary, to serve for such term and under the command of such officer or officers as he may direct. § 117. May revoke the pioclamation. — The governor, when he thinks proper, may revoke the proclamation authorized by section one hundred and fifteen, or declare that it shall cease at the time and in the manner directed by him. 135 CODE OF CIVIL PROCEDURE. Chapter 348, Iiaws of 1897, amending section 1393 of the Code of Civil Procedure, became a law April 23, 1897, and reads as follows: § 1393. Military pay, rewards, et cetera, exempt from exe- cution and other legal proceedings. — The pay and bounty of a non-commissioned officer, musician or private in the military or naval service of the United States or the state of New York; a land warrant, pension or otlier reward here- tofore or hereafter granted by the United States or by a state for military or naval services; a sword, horse, medal, emblem or device of any kind presented as a testimonial for services rendered in the military or naval service of the United States or a state; and the uniform^ arms and equip- ments which were used by a person in that service are also exempt from levy and sale by virtue of an execution, and from seizure for non-payment of taxes, or in any other legal proceeding; except that real property purchased with the proceeds of a pension granted by the United States for military or naval services and owned by the pensioner or by his wife or widow, is subject to seizure and sale for the collection of taxes or assessments lawfully levied thereon. 136 THE ADJUTANT-GENERAL OF THE STATE. Chapter 71, Laws of 1910, General Order 22, 1910: Section 1. The adjutant-general of the state of New York is hereby authorized to issue, upon application approved by the governor, to city, village or tovm authorities, state commissions, state institutions, bodies intrusted with the care _ and custody of city, village, town or state property, public schools, and educational or eleemosynary corporations supported in whole or in part by state or municipal funds, obsolete ordnance properly belonging to the state of New York. In the month of January of each and every year after the delivery of said ordnance property, the city, village or town authorities, or commissions to whom such property has been issued will render a statement to the adjutant- general in writing, setting forth that the said ordnance property is being cared for and preserved. Whenever the adjutant-general shall have reason to believe that said ord- nance property is not receiving care and protection, or con- tinued in usp in accordance with the original application, he may reclaim said ordnance property and thereafter as- sume the custodv and control thereof. INDEX. A. Section. Page. Absence: from parade, etc., without leave 136 66 137 67 of enlisted men 137 67 of organizations in U. S. service, state designations. 8 7 oflScers shall be dismissed after six months, without leave 84 51 without leave, limitation of punishment for 136 66 137 67 Acceptance of election as commissioned officer 76 46 Access to armories: by armory board of New York city .... 195 97 by armory commission 195 97 by commissioned officers , . 186 90 by supervisors 195 97 Accounts : false, making of, by officer 134 65 military and naval, paid on warrant of comptroller . 22 20 Accoutrements : accountability for ♦. 169 78 care and repair, by Adjutant-General 16 11 losing or destroying 169 78 Accused may have counsel 151 75 Acquisition of armory sites in city of New York 184 89 by board of supervisors 185 89 Act, when to take effect 260 117 Active militia, defined. 5 6 Adjutant-General : allowances for office 18 14 annual report of ordnance, arms, clothing, etc., on hand or issued 16 11 annual report to Governor 16 13 appointment of assistant to act in absence . . 18 14 137 138 Adjutant-General (continued): Section. Page. assistants 18 14 appointment, by Governor. ... 18 14 bonds may be required from. . . 18 14 eligibility required 18 14 rights and duties 18 14 traveling expenses and subsist- ence 18 14 audit and payment of accounts 16 13 blank books and forms to be printed and distributed by 16 11 bonds may be required from assistants and from military storekeeper 18 14 bonds may be required from contractors . . 16 12 bonds may be required from, for contingent fund 17 14 bureau of records of war of rebellion, to be maintained 19 15 appropriations for, to be made by legislature 19 17 cases and labels for battle flags . . 19 16 chief of bureau, appointment .... 19 15 completion of, and gathering of relics 19 15 free inspection to the public 19 17 interest on contributed funds de- vot6d to maintenance 19 17 municipalities to deposit records in, and receive transcript free. . 19 17 quarters for, to be provided in capitol 19 17 record of facts and statistics to be kept in 19 16 removal of records and relics from 19 17 veterans may deposit records and papers in, for safe keeping .... 19 17 clerks, employees and laborers, employ- ment 18 16 contracts and agreements for repair of armories to be filed with 20 19 139 Adjutant-General (continued): Section. Page. duties 16 11 expenses for pay, subsistence and trans- portation of militia, account of to be , kept 16 12 inspection of property purchased 16 13 legal adviser 21 20 may sell to officers military and naval property at cost 16 13 member of armory commission 20 17 military and naval laws and reports to be printed and distributed by ; 16 11 military storekeeper, appointment by Governor 18 14 bonds may be required from .... 18 14 eligibility required 18 15 rights and duties 18 15 official seal 16 13 on staff of Governor ,7 7 ordnance, arms, accoutrements, etc., care and repair 16 11 report of sales and disposition of proceeds 16 11 sale, when condemned 16 11 power of, over funds of disbanded organiza- tions 225 108 prosecution of bonds of contractors and disposition of proceeds 16 13 purchase and issue of military and naval property ; . . . . 16 12 rank. *. 16 10 records and papers to be kept and filed .. . 16 11 register of officers to be kept 16 11 report to legislature emergency purchases. 16 13 salary 18 14 staff 32 23 statements of expenditures for military and naval purposes 16 13 traveling expenses and subsistence 18 14 to obtain records, statistics, etc., from Grand Army of the Republic 19 16 140 Section. Page Aid, civil officers who may call on militia for 115 59 Aides 40 31 Aides-de-camj), on staff of Governor 7 7 Allowances : deduction from, to be turned into delinquency court 142 70 for Adiutant-GeDeral's office 18 14 for headquarters 218 104 for major-general's office 219 105 for military organizations 216 102 for officers 215 102 for salaries of officers of division, staff and clerks . 219 105 Ambulance company, minimum enlisted strength 32 24 Annual compulsory drills Ill 58 Annual estimates of expenses and repairs to armories in New York city 183 86 Annual report: Adjutant-General, of clothing, arms, etc., on hand and issued 16 13 Adjutant-General to Governor 16 11 militia council to Governor. . .'. . • . 15 10 Appeals : from election of officers 77 46 from report of medical board 224 108 from sentence of delinquency courts 141 70 powers of officer hearing 141 70 to Governor from election 77 46 Appointments: adjutants-general 74 41 chaplains •. 74 43 commodore or captain of naval militia 59 37 inspectors-general 74 41 judge advocate-general 74 41 laborers for armories 188 92 major-general 74 41 marshals 146 72 medical officers 74 42 non-commissioned officers 74 42 officers 11 8 74 41 141 Appointments f continued) : Section. Page. officers, reserve militia 11 8 petty officers, naval militia 99 53 signal coi-ps officers 74 42 staff officers 74 41 surgeons, naval militia 59 37 Appioval ot sentence of military courts 153 75 Armorers : for armories and headquarters 187 91 for armories, pay 189 93 for naval militia 190 93 Armories : access to by armory board of New York city 1 95 97 armory commission 195 97 commissioned officers 186 90 supervisors 195 97 acquisition of sites, by boards of supervisors 185 89 annual estimates of expense of repairs to, in New York city 183 85 appointment of laborers for 188 92 armorers; janitors and engineers for 187 91 board of supervisors to levy and collect moneys for 182 83 compensation of employees 189 93 contractor to give bonds for work on 182 84 control of 186 90 county treasurer to advertise for proposals 182 84 expenditures for, to be certified 182 83 expenses of erecting, improving and furnishing to be a county charge 182 82 floor surface 188 92 floor surface to be certified 188 92 for separate troops or companies 194 96 gambling, sale and use of liquors, auction and huck- . ster sales piohibited 240 112 heating and lighting 182 82 in New York city, new sites 184 87 special provisions 183 85 laborers in 188 92 lands for, purchase 182 82 lighting 182 82 local 181 81 142 Armories (continued): Section. Page. moneys for use, to be part of military fimd 192 96 naval militia 191 94 not to be provided for independent military organi- zations 241 112 not to be used for political or religious purposes. .. . 192 96 officers in charge, to prepare estimate of expendi- tures in quadruplicate 182 83 pay of employees 189 93 proposals and contracts for 182 83 repairs 20 18 ; '. 20 18 182 84 repairs, how made and paid for 20 19 rules for use 186 90 192 95 supervisors to furnish 180 80 181 82 use of 192 95 by cadets corps 192 95 Grand Armory of the Republic 186 90 192 95 veteran organizations 186 90 192 95 Armory: defined 191 94 193 96 expenditures, detailed report to be filed with Adju- tant-General by coimty treasurer 182 84 independent 186 90 ' 187 91 Armory board in New York city: access to armories 195 97 composition 183 85 furnish dock facilities 191 94 legal advisor 184 89 poweis and duties 183 85 receive annual estimates 183 86 select and locate armory sites 184 88 Armory commission: access to armories 195 97 143 Armory Commission (continued): Section. Page. defined 20 17 legal advisor 21 20 powers and duties 20 18 to approve purchase of armory sites .... 185 89 to employ state aichiteot 20 18 to furnish dock facilities for naval militia 191 94 to inspect all woik performed 182 83 to provide headquarters for regiments and battalions of separate troops and companies 194 96 Armory sites: armory board in New York city to select and locate 184 87 title, in New York city 183 86 title, outside of New York city 185 89 Arms, etc.: accountability for 169 78 care by Adjutant-General. 16 11 furnishing 165 77 neglect to care for 136 66 137 67 penalty for conversion 239 111 purchase 170 79 report of sales and disposition of proceeds 16 11 sale, when condemned 16 11 Arrest: and imprisonment of delinquents 145 72 exemption of membeis of national guaid from, while on duty 235 110 of trespassers and disturbers 240 111 Arsenals, rules and orders 186 90 Articles of war: ^ deserter to be dealt with as prescribed in. . . . 10 8 limitation of pimishment by courtsmartial under 13 9 summary courts subject to 158 76 to be printed and distributed by Adjutant- General 16 11 when to be enforced 13 8 144 Section. Page. Artificer, pay 210 98 Assessment rolls, examination 4 6 Assistant Adjutants-General 18 14 Assistant surgeons : naval militia, eligibility requiied 58 37 Association: formation 252 115 national guard, foimation 253 116 by-laws .■ 252 116 expulsion from 264 116 violation of by-laws 254 116 Attachments of witnesses in military courts 147 73 Attendance of judge advocate 151 75 Attorney-general, legal advisor of commander-in-chief, etc .... 21 20 Auction sales prohibited in armories, camps, etc 240 112 Audit and expenditure of funds of organizations 217 103 Audit and payment of accounts 22 20 of Adjutant-General 16 12 Auditing boards 217 103 B. Band: cavalry 36 28 coast artillery 38 30 infantry 35 27 composition 35 27 Battalion : depot, organization 120 61 engineers 33 25 field artillery 37 29 infantry 35 26 naval militia 53 33 composition 53 33 disbandment 55 35 Battalions, headquarters I94 gg Battery, field artillery 37 29 Battle flags, preservation 19 ig Bids, for uniforms 17q 79 145 Section, Page. Blacksmith, pay 210 98 Blanks, furnishing of, by Adjutant-General 16 11 Board of supervisors, see also Supervisors. levy and collect moneys for armories . 182 83 Board of survey, powers and duties 169 78 Boards, for naval militia 157 76 Bonds : for use of armories by non-military organizations 192 95 of Adjutant-General for contingent fund 17 14 of assistant adjutants-general and military storekeeper. 18 14 of contractors for woik on armories 182 84 of oontractois for military and naval property 16 12 of marshals 146 72 prosecution of, and disposition of proceeds 16 13 146 72 Books : of instruction, furnishing 16 11 of record, furnishing 165 77 Breach of peace, sec Insurrection. Brevet commissions 79 47 Bridges, free passage - 237 110 Brigade: composition 31 22 headquarters, accomodations.-. 181 81 prize for competition 112 58 staff 31 22 Brigadier-General : election 75 • 44 eligibility required 71 38 exempt from examination 72 40 Bureau of records of war of rebellion : appropriations for. to be made by legislature. 19 17 cases and labels for battle flags, etc 19 16 chief of bureau, appointment 19 15 completion of, ancj gathering of relics 19 15 inspection free to public .' 19 17 interest on funds contributed to maintenance of 19 17 municipalities may deposit records in, and receive transcripts without expense 19 17 quarters in capital 19 ' 17 146 Bureau of records of war of rebellion (continued) : Section. Page, record of facts and statistics to be preserved in 19 16 removal of records and relics from 19 17 veterans may deposit records and papers in, f 01 safekeeping 19 17 By-laws: fines for offenses against 138 68 of associations 252 115 of organizations, violation 135 66 137 67 violation • 254 116 C. Cadet corps, use of armories 192 95 Call for aid, civil officers who may 115 59 Camp, equipage, furnishing 165 77 Camping grounds: gambling, sale and use of liquors, auction and huckster sales prohibited 240 111 trespassers to be arrested 240 112 Captain: election 75 44 eligibility required 71 39 naval militia, appointment by Governor 59 37 eUgibiUty required 58 36 exempt from examination 72 40 staff 52 33 Care of member of national guard or naval militia when injured in service 223 106 Cavalry: band 36 28 composition 36 27 regiment *. 36 27 squadron 36 27 troop 36 28 Certificates: false, making of, by officer 134 65 proceedings of election 76 46 147 Challenges: Section. Page. in election of officers 76 46 in military courts 148 73 Chaplains: appointment 74 43 eligibility required 71 40 exempt from examination 72 40 naval militia, eligibility required 58 36 Charges, service 133 64 Chief of military council, major-general 15 9 Chief petty officers 99 53 Civil liability, relief from 14 9 Civil officers: execution of mandate of military courts by 149 74 who may call on militia for aid 115 59 Civil process, exemption from 235 110 Civilian cooks 56 35 national guard, employment 39 31 Claims,[for injury or disabilty 223 107 Clerk of board of supervisors, estimates of expenditures to be ffledwith 182 83 Clerks, employees and laborers imdei adjutant-general 18 15 Coast artillery corps: band 38 30 chief of, Governor may appoint 38 30 company 38 30 Code of criminal procedure, Chapter IV 132 Code of civil procedure. Chapter IV 135 Collections of fines and penalties 145 72 Colonel: election 75 44 eligibility required 71 39 Color sergeant, pay 210 98 Colors: furnishing 165 77 preservation 19 16 Command: exercise of, by officers under arrest 134 65 national guard and brigades 31 22 naval militia 50 32 50 32 148 Commander-in-chief, see oiso Governor: Section. Page. appeal to, from election of officeis 77 46 Governor to be 6 6 in case of inability of Governor 6 6 legal advisor of 21 20 lieutenant-governor to be 6 6 major-general to be 6 6 power exercised by, as to naval militia. . . 50 32 power in case of invasion, etc 8 7 power to declare state of insurrection .... 12 8 to commission officers 70 38 Commander of naval militia : election 75 44 eligibility required 58 36 Commanding queers: access to armories 186 90 of battalions, pay 210 99 of companies, pay 210 99 of regiments, pay 210 99 when mayors or sheiiffs call on, for aid . . 115 59 when national guard and naval militia are on duty together 250 115 Commission, armory, powers and duties 20 18 Commissioned officers: discharge 81 48 eligibility required 71 38 examination 72 40 may be detailed as judge-advocate 151 75 may not be employed in armories 189 93 naval militia, eligibility required 58 , 36 retirement 57 35 pay 210 98 to provide themselves with arms, uni- forms, etc 166 78 Commissions: brevet 79 47 national guard 70 38 officers 70 38 to take testimony of witnesses 147 73 Commitments for disorderly conduct in military courts 150 75 149 Commodoie of naval militia: Section. Page. appointment 59 37 eligibility required 58 36 exempt from examination 72 40 staff 51 32 eligibility required 58 36 Commutation of punishment of military courts 154 76 Company: coast artillery 38 30 dues 138 68 engineer corps 33 25 infantry . . , 35 27 prizes for competition ..'.,.;.;.... 112 58 separate, defined :....: :■; .f; ; i . ., . . . . 242 11-3 Compensation, see Pay. ■' Composition: national guard . 30 21 naval militia 50 32 Comptroller military and naval accounts paid on warrant of. . . 22 20 Conduct: of election of officers 76 45 of officers and troops, when called on for aid by civil authorities 115 60 prejudicial to good order, of enlisted men 135 66 unbecoming an officer and gentleman 134 65 unmiUtary and unofficeriike 134 64 134 64 Conspiracy 134 65 Contempt, power of courts-martial to punish 147 73 Contingent fund , 17 14 Adjutant-Geneial to furnish bonds 17 14 depositoiies 17 14 Governor to designate depositories 17 14 Contractors: furnish bonds 16 12 give bonds for work on armories 182 84 Contracts and agieements, to file with Adjutant-General 20 19 Control: ^ of armories 186 90 of organizations not attached to a brigade 257 117 of troops ordered out in aid of civil authorities 115 60 Conversion of military property, penalty 239 111 150 Cooks, see Civilian cooks. Section. Page. pay 210 98 Corporal, pay 210 98 Corps of engineers, see Engineers, corps of. Coimsel, accused may have 151 75 County to pay expenses of troops in case of riot, etc 211 99 County clerk to file lists of exemptions from military duty .... 3 5 County charge, expenses of erecting, improving and furnishing armories to be a 182 82 County treasurer: bonds, for military funds 225 108 fees-and commissions 225 108 payment of fines and penalties to 142 70 semi-annual report 225 108 to advertise for proposals 182 84 to file detailed report of armory expendi- tures with Adjutant-General 182 85 to issue certificates of indebtedness to pay expenses of troops in the field in time of riot, etc 211 99 Courts: delinquency, for enlisted men 137 67 for officers 136 66 garrison 132 64 jurisdiction 132 64 military, kinds 130 63 to be held without the state 114 59 pay of officers serving on 212 100 stmimary, how constituted and regulated 158 117 Courts-martial: for naval militia 157 76 garrison 132 64 by whom ordered 132 64 jurisdiction 132 64 recorder 161 76 services of judge-advocate may be dispensed with 151 75 general, attendance of judge-advocate in 151 75 by whom ordered 132 64 members 132 64 quorum 132 64 151 Courts-martial (continued): Section. Page. limit of fine imposed 134 65 matshals, appointment, bonds and duties 146 72 oath of judge-advocate 148 74 oath of members 148 73 offenses for which officers may be tried 134 64 offenses of enlisted men triable by 135 66 power, when articles of war of United States ^ are in force 13 8 power to punish for contempt 147 73 punishment of enlisted men on conviction .... 135 66 punishment of officers on conviction 134 64 sentence, by whom confirmed 153 75 service of charges 133 64 Courts of inquiry: attendance of judge-advocate 151 75 how ordered 131 63 . members 131 63 naval militia 157 76 opinion when given by 131 63 Criminal liability, relief from 14 9 Cruise duty, on tj. S. vessels 113 59 Custom and usage of U. S. army and navy 256 117 D. Delinquency of officers 136 66 Delinquency courts: appeals from 141 70 for enlisted men 137 67 clerk 137 68 formation and jurisdiction 137 67 power to impose fines 137 67 for naval militia 157 76 for officers 136 66 formation and jurisdiction 136 66 power to impose fines 136 66 marshals, appointment, bonds and duties. 146 72 notice of sentence to be given to de- linquent 140 69 oaths and procedure 139 69 payment of expenses 213 101 152 Delinquency courts (continued) : Section. Page. power to collect fines 138 69 sentence to be approved by officers order- ing court 141 70 service of summons on delinquent 140 69 services of judge-advocate may be dis- pensed with 151 75 Delinquents: arrest and imprisonment 145 72 may appeal from sentence : . . . 141 70 notice of sentence tp be given to 141 70 return of 117 60 service of summons on 140 69 summons on 141 70 when they may be fined 136 66 137 67 Depositions in military courts 147 73 Depositories for contingent fund 17 14 Depot battalion, organization 120 61 Deserter, defined 10 8 to be dealt with as prescribed in articles of war 10 8 Desertion of enlisted men 135 66 Designation and division of militia 5 6 Destruction and loss of property 169 78 Detail of supernumerary officer for active duty 80 48 Devices indicating rank, unlawful wearing 239 111 Devises and bequests 244 113 Disabled in service 223 106 Disability: pay 223 107 physical, discharge for 103 56 person discharged for, may re-enlist 95 52 Disapproval of sentnce of military courts 153 75 Disbanded organizations, funds 225 109 Disbandment: battalions and divipions of naval militia 55 35 naval militia 55 35 organizations 30 21 Discharge : commissioned officers 81 48 82 48 83 50 153 Discharge (continued): ^ Section. Page. enlisted men 143 71 full and honorable, exemption 1 5 officers , 83 50 refusal to grant, to enlisted man 134 71 Discharges 103 55 103 55 dishonorable 103 56 full and honorable 103 55 honorable 103 55 without honor 103 56 Dishonorable discharges: expulsion from organization 103 56 for felony 103 56 for good of the service 103 56 of enlisted men ....:........ 135 66 failing to pay fine . . . 103 56 pursuant to sentence of court-martial. 143 71 Discipline: national guard 119 61 naval militia 119 61 Discipline and exercise system to conform to laws of TJ. S. army and navy 119 61 Dismissal of officers 84 51 134 65 Disobedience : of orders by enUsted men 137 6T of orders by officers 134 65 134 65 Disorderly conduct, in military courts, commitment for 150 75 Disposition of proceeds of forfeited bonds 16 13 146 72 Disrespect to superiois by enlisted men 135 66 Disturbers, arrest 240 112 Division, staff 31 22 Divisions : composition 31 22 naval militia. . . .' 54 34 composition 54 34 disbandment 55 35 separate, defined 242 113 154 Section. Page. Docks for naval militia 191 94 Drafts: from enrolled militia 9 7 punishment for failure to appear 10 8 Drills: annual compulsory Ill 58 not to be held on election day Ill 58 Dropping of enlisted men from the rolls 100 54 Drum major, pay 210 98 Drunkenness: enlisted men on duty 135 66 officers on duty 134 64 on duty 135 66 137 67 Dues, collection 138 69 Duties: by title of office 251 115 for which no pay shall be received 210 98 of Adjutant-General 16 11 of board of survey 169 78 of marshals 146 72 Duty: excuses from 118 61 neglect of, by officers 134 64 134 64 orders for, may be written or oral 117 60 pay 210 98 warning for 117 60 without the state 113 59 E. Educational institutions: issue of obsolete ordnance property, chapter 71, Laws 1910. .• 1 136 may parade 241 112 Efficiency for service, responsibility for 110 57 155 Election: Section. Page. appeal from 77 46 certificate of proceedings 76 46 naval militia 75 44 new 76 46 officers, acceptance 76 46 by whom ordered 76 44 conduct of 76 46 Election day, no parade on Ill 58 Electrician, pay 210 98 Eleemosynary institutions, issue of obsolete ordnance property, chapter 71, Laws 1910 1 136 Eligibility: for commissions in national guard 71 38 for commissions in naval milita 58 36 for enlistment 95 51 of conmiiEsioned officers in national guard required . 71 38 of commissioned officers in naval militia 58 36 Emergency, purchase of property by Adjutant-General 16 13 Engineers: ^ for armories 187 91 pay 187 91 189 93 Engineer corps 33 24 battaUon 33 25 coast artillery, pay 210 98 company 33 25 composition 33 24 Enlisted cooks 39 31 Enlisted men: assigned to special duty, pay 214 101 delinquency courts 137 67 discharge 103 55 dishonorable discharge 103 56 143 71 dropping from rolls 100 54 eUgibJlity 95 51 expulsion 254 116 not to be discharged without hearing 103 56 offenses triable by general court-martial 135 66 physical examination required for, when taken up from dropped 101 55 156 Enlisted men (continued): Section. Page, power of Governor to fix maximum number .... 30 21 responsibility for public property. 169 78 retirement by Governor 102 55 return of delinquencies of 117 61 sentence on conviction 135 66 summary courts for 158 76 taking up from dropped 101 54 transfers 98 53 warning for duty 117 60 Enlistment: eligibility for 95 51 not valid until approved by commanding officer . . 97 52 oath taken at 97 52 of independent military organizations in emergency 241 113 of minors without consent of parent or guardian piohibited 95 51 papers 97 52 false oath to 97 52 seivice under, after expiration of term 96 52 103 56 103 56 term . . . > 95 51 Enrollment: for military duty .- 2 5 notice 3 5 Ensign, election 75 44 Equipments: care, by Adjutant-General 16 11 furnishing 165 77 purchase 170 79 report of sale and disposition of proceeds 16 12 sale, when condemned 16 12 Erection of armories 180 81 20 19 Estate, real or personal, military organizations may take and dispose of 244 114 Estimates: annual, to be revised by armory board of New York city 183 86 167 Estimates (continued): . Section. Page, of expenditiires to be filed with clerk of board of supervisors 182 83 of expenditures to be made in quadruplicate .... 182 83 Examination : by boards 72 40 of assessment-rolls 4 6 of officers 72 40 of poll lists 4 6 physical, required tor le-enlistment 96 52 required when taken up from dropped . 101 54 Examiners and exami5ing boards, pension 222 106 Examining boards; how appointed 73 40 oaths 73 41 82 49 of officers, for fitness 83 50 on entry into service 83 50 to be retired 82 48 powers 73 41 reports 82 49 Examining surgeons 222 106 Excuses from duty 118 61 Exemption : claims to be filed with county clerk 3 5 from military duty 1 4 from jury duty 238 110 of certain officers from examination 72 44 of members of national guard from arrest while on duty 235 110 Exemption claims to be filed with county clerk 3 5 Exercise: national guard 113 59 119 61 naval militia 113 59 119 61 system of, to conform to laws of U. S. and of U. S. army and navy : 119 61 Expenditures : for armoiies to be certified 182 83 of funds of organizations 217 103 158 Expenditures (continued) Section. Page, officers in charge of armories to prepare estimates in quadiuplicate -. . . 182 83 statements of, by Adjutant-General 16 11 16 11 16 11 Expense of erecting, improving and furnishing armories to be a county charge 182 82 Expulsion: dishonorable discharge for 103 56 enlisted men from associations 254 116 Extraordinary sessions, militia council 15 10 Extract from constitution of New York, Article XI 127 Extracts from Statutes of New York, Penal law 129 F. Failure to appear for duty, punishment for, when ordered out. . 10 8 False oath to enlistment papers 97 52 Farrier, pay 210 98 Felony, dishonorable discharge for 103 56 Fenies, free passage over 237 110 Fees: not to be demanded by civil officers for excuting mandates of military courts 149 74 not to be demanded by county treasurers 225 108 Field artillery: battalion 37 29 battery 37 29 composition 37 28 regiment . . .' 37 28 Field hospital, minimum enlisted strength 32 24 Figure of merit 112 58 Fines: collection 138 69 145 72 dishonorable discharge of enlisted men failing to pay , . . 143 71 for offense against by-laws 138 69 imposed by delinquency courts 136 ^ 66 137 "67 may be noted on payroll. 142 70 limit by court-martial 134 65 159 Fines (continued): Section. Page. by delinquency courts 137 67 payment to county treasurer 142 71 to be paid to court or marshal 142 70 Fireman: exempt from military duty 1 4 coast artillery, pay 210 98 Flags, battle, preservation 19 16 Floor surface: of armories 188 92 to be certified 188 92 Formation of associations 252 115 Forms, of delinquency courts 130 63 Free inspection of lecords and relics 19 16 Fiee passage of toll gates, bridges and ferries 237 110 " Funds: audit and expenditure 217 103 contingent 17 14 military, bonds for 225 108 interest on 226 109 of organizations 216 102 of disbanded organizations 225 109 G. Gambling in armories, camps, etc., prohibited 240 112 Garrison: courts 132 64 jurisdiction 132 64 courts-martial 132 64 equipage, furnishing 165 77 General officers, exempt from examination 72 40 General courts-martial, see Courts-martial General 132- 64 Governor, see also Commander-in-Chief. as commander-in-chief 6 6 legal adviser 21 20 may appoint chief of coast artillery corps 38 30 may order militia to do duty without the state 113 59 power in case of invasion, etc 8 7 power to appoint officers necessary for organization of reserve militia r. 11 8 power to change organizations 30 21 160 Governor, see alio Commander-in-Chief (continued): Section. Page. power to commission oflScers 70 38 power to fix maximum number of enlisted men 30 2] power to make rules and regulations 255 117 power to proclaim state of insurrection 12 8 staff 7 7 to designate depositories for contingent fund 17 14 to order out militia on application of sheriff 115 60 to organize a depot battalion 120 61 Grand Army of the Repubhc: Adjutant-General to obtain rec- ords, statistics, etc., from. ... 19 16 use of armories 186 90 192 95 Gunner, pay 210 98 Gunnery, prizes in competition 112 58 H. Headquarters : allowances 218 104 armorers 187 91 biigade, accommodations 181 81 for regiments and battalions of separate troops or companies 194 96 Heating of armories 182 82 Honorable discharge: by request 103 56 for physical disability 103 56 to enlisted men rendered surplus 103 56 Horse, pay for, when used on duty 210 99 Hospital-corps, composition 32 24 Hucksters' sales prohibited in armories, camps, etc 240 111 I. Immunity of members of military courts 155 76 Imprisonment: limit 158 77 of delinquents for non-payment of fines 145 72 Indemnity for action of military courts 155 76 161 Section. Page. Independent armory 186 90 187 91 Independent military organizations 241 113 subject to orders of Governor in emergency 241 113 Infantry: band 35 27 battalion 35 26 company 35 27 composition 35 26 regiment 35 26 Injury 134 65 Injuries received in service 223 106 pay for 223 107 Inquiry, courts of 131 63 Inspection Ill 58 armory commission to make inspections of armories 182 83 of organizations Ill 58 of property purchased, before payment 16 13 170 79 Inspectors general, appointment 74 41 Inspector general's department, staff 32 23 Institutions: educational, may parade 241 112 issue of obsolete ordnance property, chap. 71, Laws 1910 1 136 Insult to superior officer 134 65 Insurrection: civil officers who may call on militia for aid in 115 59 expenses of troops in case of, how paid 211 99 national guard ordered out 8 7 power of Governor in 8 7 proclamation of state of 12 8 rules applicable .' 116 60 Invasion, see Insurrection. Inventory, annual, of pioperty 195 97 Issue: of property by Adjutant-General 16 12 of uniforms 167 78 162 J' Section. Page. Jails to receive persons committed by military courts 149 74 Janitors: for armories 187 91 pay 189 93 Joint service, national guard and naval militia 250 115 Judge: city, may call on militia for aid 116 59 county, may call on militia for aid 116 59 Judge-advocate: appointment 74 41 attendance 151 75 by whom appointed 74 41 commissioned officer may be detailed to act as 151 75 157 76 examination •. . . . 72 40 may issue process to compel attendance of witness 147 73 maj' prosecute bonds of marshals 146 72 may prosecute witnesses refusing to appear. . . 147 73 naval militia, eligibility required 58 37 oath 148 74 pay 214 101 Judge-advocate general's department: officers, eligibility required. 71 40 staff 32 23 Jurisdiction: of summary courts 158 77 presumption of 156 76 Jury duty, exemption from 238 110 Justice of supreme court may call on militia for aid 115 59 L. Laborers : appointment, for armories 188 92 in armories 188 92 pay 189 93 to be employed by Adjutant-General 18 15 Lands, purchase of, for armories 182 82 163 Laws: Section. Page, military and naval, to be printed and distributed by Adjutant-General 16 11 of United States, discipline and exercise to conform to . . 119 61 repealed 258 ,117 Legal adviser: armory board in New York city 184 89 commander-in-chief, Adjutant-General and armory commission 21 20 Liabilities of marshals 146 72 Lieutenant : election 75 44 eligibihty required 71 39 Lieutenant-colonel : election ....". 75 44 eligibility required 71 39 Lieutenant-commander : naval militia, election 75 44 eligibility 58 36 Lieutenant-governor as commander-in-chief 6 6 Lighting of armories 182. 82 Limitation of punishment 158 76 Liquors, sale and use in armories and camps prohibited 240 112 Local armories 181 81 M. Major: election 75 44 eligibility required 71 39 Major-general : appointment 74 41 as commander-in-chief 6 6 allowances for of&ce of 219 105 chief of militia council 15 9 eligibility required 71 38 exempt from examination 72 40 member of armory commission 20 17 pay 219 105 staff 31 22 164 Section. Page. Mandate of military courts, issue and execution 149 74 ■ March, refusal to 134 65 Marshals: appointment 146 72 bonds 146 72 duties 146 72 fines may be paid to 142 70 pay 213 101 powers, duties and' liabilities 146 72 Mayors: may call on militia for aid 115 59 to draft volunteers 9 7 when to call on commanding officers for aid 115 59 Mechanic, pay 210 98 Medical board: appeals from report. 224 108 powers 223 107 reheating of appeals from report 224 108 Medical department: officers, eligibility required 71 40 staff 32 23 Medical officers; appointment 74 42 examination 72 40 Members of military courts: oaths 148 74 to be in uniform 144 71 Merit, figure of 112 58 MUeage 212 101 Military and naval account, paid by warrant of comptroller .... 22 20 Military and naval laws to be printed and distributed by Adju- tant-General 16 11 Military courts: accused may have counsel 151 75 approval or disapproval of sentence 153 75 attachments of witnesses 147 73 challenges 148 73 commissions to take testimony 147 73 commitments for disorderly conduct 150 75 counsel for accused 151 75 165 MUitary courts (continued): Section. Page. fines may be paid to 142 70 immunity of members 155 76 indemnity for action 155 76 jails to receive persons committed by 149 74 jurisdiction, presumption of 166 76 kinds 130 63 mandates, issue and execution 149 74 members to be in vmiform 144 71 naval militia 156 76 oaths 148 74 presiding officer 144 71 proceedings 148 73 power to punish foi contempt 147 73 remitting punishment 154 74 secrecy 152 75 sending back proceedings of, for revision 154 74 service of charges 133 64 sittings 144 71 subpoenas 147 73 to be held without the state 114 59 vacancies 144 71 Military duty: enrollment for 2 5 enrollment, notice 3 6 exemptionclaimstobefiled with county clerk. 3 5 exemptions from 1 4 persons subject. 1 4 Military funds: audit and expenditure ' 217 103 bonds for 225 108 how provided 216 102 interest on 226 109 Military Order of the Loyal Legion, Adjutant-General to obtain records and statistics from 19 16 Military organizations : allowances 216 102 independent 241 112 subject to orders of Gov- ernor in emergency . . . 241 113 may take and dispose of real and per- sonal property 244 114 166 Section. Page. Military parades, by unauthorized bodies prohibited 241 112 Military propeity: care, by Adjutant-General 16 11 may be sold at cost by Adjutant-General to officers 16 13 penalty for conversion 239 111 purchase and issue by Adjutant-General... 16 12 sale when condemned ., 16 11 Military secretary: on staff of Governor 7 7 pay 7 7 Military storekeeper 15 10 Military supplies, furnishing 165 77 Militia: designation and division 6 6 drafts or volunteers from 9 7 duty of , to appear when ordered out to aid civil officers . 115 60 organization, when ordered out 11 8 power of Governor to order out for service 8 7 punishment for failure to appear .10 8 tobeorderedoutby Governor on application of sheriff. 115 60 what constitutes 1 4 MiUtia council : advisory in its function 15 10 annual report to Governor 15 10 composition 15 10 extraordinary sessions 15 10 monthly sessions 15 10 pay 212 100 Minors, enlistment prohibited 95 51 Monthly sessions, militia council 15 10 Moneys: foi armories to be levied and collected by supervisors. 182 82 for use of aimories to be part of military fund 192 96 recovered, for use of national guaid 147 73 Musicians: age limit 95 51 pay 210 98 Muster of organizations .- Ill 58 Mutiny, enlisted men 135 66 167 N. National Guard: Section. Page. command 31 22 commissions 70 38 composition and strength 30 21 defined 5 6 discipline _ 119 61 exemption of members from arrest while on duty 235 110 exercise 119 61 headquarters, armorer 187 91 hq.w ordered out in case of insurrection 8 7 joint service with naval militia 250 115 officers, eligibility required 71 38 organization 30 21 supplies to be furnished to 165 77 National Guard Association: formation 253 116 powers 253 116 Naval militia: accounts paid on warrant of comptroller 22 20 appointment of petty officers 99 54 armories and -employees for 190 93 armories for 191 94 battaHons 53 33 disbandment 55 35 boards for 157 76 captain, staff 52 33 commissioned officers, retirement 57 35 commodore, staff 51 32 composition, battalions 53 33 composition, divisions 54 34 composition, strength and command 50 32 courts-martial 157 76 courts of inquiry 157 76 defined 5 6 delinquency courts , 157 76 disbandment of battalions and divisions 55 35 discipline 119 61 divisions 54 34 dock facilities 191 94 168 Naval militia (continued) : Section. Page. duty required 113 59 election of ofBcers 75 44 enrollment 2 5 exercise 119 61 headquarters, armorers for 187 91 joint service with national guard 250 115 military courts 157 76 oflScers and petty officers 50 32 officers, appointment by Governor 59 37 organizations 50 32 pay for duty in 210 99 powers exercised by Governor as to 50 32 staff officers 51 32 62 33 supplies to be furnished to 165 77 Naval property: care, by Adjutant-General 16 11 may be sold at cost by Adjutant-General to officers 16 13 Navy, custom and usage of United States 256 117 Neglect 134 64 of duty by officers 134 64 New elections 76 46 New sites for armories : in New York city. . . , 184 87 outside of New York city 20 19 New York city: annual estimates of expenses for repairs to armoiies 183 86 armory board 183 86 new sites for aimories 184 87 special provisions for armories 183 86 title to sites for armories 183 86 Non-commissioned officers: ', appointment 74 41 appointment and reduction 99 54 • discharge 99 54 examination 99 54 may be reduced to ranks or dropped 99 54 169 Non-commissioned officers (continued) : SeotioD. Page. pay 210 98 reduction to ranks before transfer. 98 53 return of delinquencies 117 61 warning for duty 117 60 Non-commissioned staff officers 99 53 appointment 99 54 discharge 99 54 examination 99 54 may be reduced to ranks or dropped 99 54 Notice of enrollment 3 5 Notices: / of election of officers 76 45 of results of elections of officers 76 46 O. Oath: judge-advocate 148 74 members of courts-martial -. . . . 148 74 delinquency courts 139 69 military courts 148 73 office 78 47 to be taken by recruits 97 52 Offenses: against by-laws, fines 138 68 for which delinquency courts may fine 136 66 137 67 for which officers may be tried by general courts- martial 134 64 of enlisted men triable by general courts-martial. .. . 135 66 Office: acceptance 76 46 oath 78 47 Officer: absent six months without leave shall be dismissed by the Governor 84 51 hearing appeal, power 141 70 holding summary courts not to be sworn 158 77 in absence or disability of, his duties devolve on line officer next in rank 251 115 170 Officer (continued) : Section. Page, ordering military court shall approve or disapprove of sentence 153 75 removal 85 51 state, security for costs in suits against, for official acts. 14 9 Officers: j:-^;, allowances 215 102 and petty officers of naval militia 53 33 54 34 appointment 11 8 assigned to special duty, pay 214 101 civil, who may call on militiafor aid 115 59 conduct of election 76 44 commissions 70 38 delinquency courts for 136 66 oath 139 69 disabled 82 49 discharge 81 48 82 48 83 50 dismissal 84 51 exemption from examination 72 40 for what offenses may be tried by general courts- martial 134 64 in charge of armory to prepare estimates of expendi- tures in quadruplicate 182 83 national guard, eligibility required 71 38 naval militia, appointment 59 37 eligibility 71 38 oath of office 78 47 offenses triable by courts-martial 134 64 pay 210 98 placing on retired list 82 48 punishment, conviction by courts-martial 134 65 register of, to be kept by Adjutant-General 16 11 removal 85 51 resignation 81 48 responsibility for pubhc property 169 78 retirement 82 48 return of delinquencies 117 61 service of notice of election 76 45 171 Officers (continued) : Section. Page, serving on boards, commissions and couits 212 100 supernumerary and retired 80 47 warning for duty ., 117 60 Official seal, Adjutant-General 16 13 Oppression, by officer 134 65 Ordering out of militia in aid of civil authorities 115 59 Orders: and rules for armories and arsenals 186 90 192 95 disobedience, by enlisted men 137 67 by officers 134 65 134 65 for duty may be written or oral 117 60 of civil officers, when to be obeyed 115 60 written ororal, for duty 117 60 Ordnance: care, by Adjutant-General 16 11 property, obsolete, issue to educational institutions, chapter 71, Laws 1910 1 136 Ordnance department, staff 32 23 Organization: militia, when ordered out 11 8 national guard 31 22 naval militia 50 32 when aiding civil authorities 121 61 Organizations : absent in United States service, designation . . 8 7 annual inspections Ill 58 disbanded, funds 225 109 disbandment 30 21 Governor to change 30 21 independent military 241 112 military, when subject to orders of Governor . . 241 113 allowances 216 102 muster Ill 58 naval militia 50 32 new, power of Governor to appoint officers .... 74 43 not attached to brigade -257 117 responsibiUty for public property 169 78 supplies to be furnished to 165 77 172 P. Section. Page, Papers, enlistment 97 52 Parade: by iinauthorizedibody prohibited 241 112 or drill not to be held on election day Ill 58 Parade grounds: sale and use of liquors and gambling prohib- ited 240 112 trespassers to be arrested 240 112 Parade return, false, making, by officer 134 65 Parades: absence from 136 66 137 67 compulsory Ill 58 excuses from 118 61 Pawning or pledging, of military property 239 111 Pay: additional, of enlisted men after five years' service 210 99 artificer 210 98 blacksmith 210 98 color sergeant 210 98 commissioned officers 210 99 cook 210 98 corporal 210 98 disabiUty 223 107 duty 210 98 electrician 210 98 employees in armories 189 93 enlisted men assigned to special duty 214 102 farrier 210 98 fireman of coast artillery 210 98 for duty in naval militia 210 98 for horse 210 99 gunner 210 98 judge-advocate 214 101 major-general 219 105 marshals of military courts 213 101 mechanic , 210 98 member of national guard or naval militia when injured in service 223 106 military secretary 7 7 173 Pay (continued): Section. Page. militia council 212 100 musician 210 98 non-commissioned officers 210 98 officers 210 99 officers and enlisted men assigned to special duty 214 101 officers of division, stafF and clerks, allowanc,es for 219 105 officers serving on boards, commissions and courts 212 102 privates ' 210 98 saddler 210 98 sergeant 210 98 sergeant-major 210 98 trumpeter 210 98 veterinarian 210 99 wagoner 210 98 when called in aid of civil authorities 211 99 Paymaster's department, staff 32 23 Payment: of accounts 22 20 of expenses of delinquency courts for enlisted men . . 213 101 of fines and penalties to county treasurer 142 71 on warrant of coip.ptroller 22 20 -Payment and audit: of accounts of Adjutant-General 16 13 of military officers 22 20 Penalties: collection 145 72 enlisted men on conviction 135 66 137 67 officers on conviction 134 65 payment to county treasurer 142 71 which may be imposed by courts-martial 134 65 135 66 which may be imposed by delinquency courts 136 66 137 67 Penalty: for conversion of military property 239 111 for wrongful wearing of \miform 239 111 Pension roll: proof required to place upon 221 106 striking from. 221 106 174 Section. Page. Pensions, examineis and examining boards 222 106 Perjury, in enlistment 97 53 Persons subject to militia duty 1 4 1 4 Petty officers: appointment and reduction 99 54 discharge 103 55 reduction to ranks before transfer 98 53 Power: exercised by captain or commander-in-chief as to naval militia 50 32 of Adjutant-General over funds of disbanded organiza- tions 225' 108 of commander-in-chief in case of invasion, etc 8 7 of examining boards 73 41 of marshals 147 73 of military courts over witnesses 147 73 of officer hearing appeal 141 ' 70 Political purposes, armories not to be used for 192 96 Poll lists: at elections of officers 76 45 examination 4 6" Preservation of records and relics of war of rebellion 19 15 Presiding officei of military court 144 71 Presumption of jurisdiction of military courts and boards 156 76 Privates, pay 210 98 Pnzes, competition ' 112 58 Proceedings: in military courts 148 73 of military courts sent back for revision 154 75 Proceeds of forfeited bonds, disposition 16 13 Proclamation of state of insurrection 12 8 Prohibition of sale and use of liquors and of gambling in armories 240 112 Proof required to place upon pension roll 221 106 Property : annual inventory 195 97 lost or destroyed 169 78 not exempt from payment of fines of military courts 145 72 purchase and issue by Adjutant-General '. . . . 16 12 170 79 175 Property (continued): Section. Page. purchase by Adjutant-General in emergency 16 13 unlawful conversion 239 111 Proposals, county treasurer to advertise for 182 84 Prosecution: of bonds of marshals and disposition of proceeds . 146 72 of delinquent witnesses and disposition of proceeds 147 73 of forfeited bonds and disposition of proceeds .... 16 13 Public property : responsibility for and valuation of when lost or destroyed 169 78 valuation of, lost or destroyed 169 78 Punishment: by courts-martial under articles of war of U. S., limitation 13 9 for failure of volunteer or drafted member to ap- pear when ordered out 10 8 for failure of witnesses to appear 147 73 of military courts, remitting 154 75 of witnesses for contempt of military courts 147 73 Purchase : and issue of military and naval property 16 12 of armory site to be approved by armory commission 185 89 of property in open market in emergency 16 13 of uniforms and equipments 170 79 Q Quartermaster's department, staff 32 • 23 Quarters, bureau of records in capitol 19 17 Quorum for general courts-martial 132 64 R. Rank: of Adjutant-General 16 10 unlawful wearing of devices indicating 239 111 Ranking officers f 31 ' 22 Real property, acquisition for armory and military purposes . . 20 19 Recorder: in garrison courts-martial 151 75 of city may call on militia for aid 115 59 176 Records; Section. Page, and papers to be kept and filed by Adjutant-General. 16 11 of war of rebellion, bureau 19 15 completion 19 15 free inspection 19 17 preservation 19 16 Re-enlisting, man dishonorably discharged 95 52 Re-enlistment 96 52 physical examination required 96 52 Reduction: non-commissioned officers to ranks before transfer . 98 53 non-commissioned and petty officers to ranks 99 54 Refusal: to gi ant discharge to enlisted man 134 65 to march 134 65 Regiment: cavalry 36 27 field artillery 37 28 headquarters for 194 96 infantry 35 26 Register of officers to be kept by Adjutant-General 16 11 Regulations: and rules for associations 254 116 for use of armories 192 95 printing and distribution by Adjutant-General . . 16 11 to be made by Governor 255 108 Rehearing, appeals from report of medical board 224 108 Relics of war of rebellion: free inspection 19 17 preservation 19 16 Relief from civil or criminal liability 14 9 Religious purposes, armories not to be used for 192 96 Remitting punishments of military courts .< 154 75 Removal of officers 85 51 Rendered surplus, honorable discharge 103 56 Renewal of warrants 145 72 Repairs to armories 20 18 20 18 annual estimate of expenses for, in New York city 183 86 177 Repairs to armories (continued): Section. Page. how made and paid for 20 19 20 19 181 81 Repeal of former laws 258 117 Reports: detailed, of armory expenditures to be filed with Adjutant-General by county treasurer 182 84 semi-annual, of county treasurer 225 108 Reports of Adjutant-General: of supplies on hand or issued. . . 16 13 of supplies sold and disposition of proceeds 16 13 to Governor 16 13 to legislature of emergency pur- chases 16 13 Reprimand : enlisted men 135 66 officers 134 65 Request, honorable discharge by 103 56 Reserve militia: defined ; 5 6 organization when ordered out H 8 when ordered out for service 8 7 Resignation, officers 81 48 Responsibility: of conamanding officers for efficiency of service 110 58 of officers and enlisted men for public property 110 58 169 78 Retired list, placing of officers on 82 49 Retiring boards : duty 82 49 how appointed 82 49 oaths 82. 49 powers 82 49 Retirement of enlisted men by Governor 102 55 Returns: of delinquents 117 61 of service of warning for duty 117 60 of service of notice of election of officers 76 45 Revision of proceedings of military court , . . 154 75 178 Section. Page. Right of way 236 110 Riot, see Insurrection. Rules: and orders for armories and arsenals 186 90 192 95 and regulations for associations 252 115 254 116 disobedience 137 67 to be made by Governor 255 117 S. Saddler, pay 210 98 Salary, Adjutant-General 18 14 Salaries of officers of division, staff and clerks, allowances 219 105 Sale: and use of liquors in armories prohibited 240 112 of military property unlawful 239 111 Seal, official, Adjutant-General 16 13 Secrecy in military courts 152 75 Security for costs in suit against officer of the state for official acts 14 9 Selling military property and penalty 239 111 239 111 Semi-annual reports, county treasurer 225 108 Sending back proceedings of military courts for revision 154 75 Senior line officer, as commander-in-chief of militia in case of inability of Governor 6 6 Sentence : of enlisted men on conviction 135 66 of military courts, approval 153 75 revision 154 75 of officers on conviction 134 65 on conviction by general court-martial 134 65 135 66 shall be approved by officer ordering court 141 70 153 75 Separate companies: armories 194 go defined 242 113 179 Section. Page . Separate divisions, defined 242 113 Separate troops, armories 194 96 Sergeant, pay 210 98 Sergeant-major, pay 210 98 Service : ot charges in military courts 133 64 of notices for election of officers 76 45 of summons on delinquent 140 69 responsibility foi efficiency 110 57 term 95 51 under enlistment after expiration of term 96 52 103 66 103 56 without the state 113 59 Sessions, extraordinary, of military council 15 10 Sheriff: Governor may call out militia on application of 115 60 may call on militia for aid 115 59 when he may call on commanding officer for aid 115 59 Signal corps: composition 34 25 officers, appointment 74 42 eligibility required 71 39 Signal officers, eligibility required 71 40 Sites: acquisitions by boards of superivsors 185 89 new, for armories in New York city 184 87 purchase to be approved by aimory commission 185 89 Sittings of military courts 144 71 Small arms practice, prizes for competition 112 58 Sons of Veterans, may parade 241 112 Special duty, pay of officers and enUsted men assigned to 214 101 Special provisions, armories in New York city 183 85 Spirituous liquors, etc., sale and use 240 112 Squadron: cavalry 36 27 composition 36 27 headquarters for 19-1 96 180 Staff: Section. Page. Adjutant-General's department 32 23 brigade 32 23 captain, naval militia 52 33 commander-in-chief 7 7 commodore, naval militia 51 32 division 31 22 Governor 7 7 inspector general's department 32 23 judge-advocate general's department 32 23 medical department 32 23 naval militia 51 32 52 33 ordnance department 32 23 paymaster's department 32 23 quartermaster's department 32 23 subsistence department 32 23 Staff departments 32 23 Staff officers: appointment 74 41 eligibility required 58 36 pay for special duty 214 102 Standards, preservation 19 16 State architect, to be employed by aimory commission 20 18 State decoration for excellence in small arms and gun practice . . 112 58 State designations of organization in United States service .... 8 7 Statepay, deduction from, to be turned into delinquency couit. 142 70 Statements of expenditures by Adjutant-General 16 11 Statutes, amendatory and repealing 243 113 Storekeeper, military 18 14 Stores : military and naval, care by Adjutant-General 16 11 lost or destroyed 169 78 Streets, right of way 236 110 Strength : national guard 30 21 •naval militia 50 32 Striking from pension roll 221 106 Subpoenas in military courts 147 73 Subsistence department, staff 32 23 Subsistence of troops when called upon in aid of civil authorities 211 99 181 Summary courts: g^<,ti„„ p^g^ for enlisted men 158 76 jurisdiction 158 77 ■power 158 77 subject to articles of war of United States . . . 158 76 Summons : on delinquents 141 70 service on delinquents 140 69 Supernumerary officers . . ; 80 47 may be detailed for active duty 80 48 Supervisors: access to aimories 195 97 acquisition of sites for armories by 185 89 board of, to levy and collect moneys for armories. 182 82 title to armory sites acquired by 185 89 to draft volunteers 9 7 to furnish armories 180 80 181 82 Surgeons: appointment 59 37 examination 72 40 examining 222 106 naval militia, eligibility required 58 , 37 Survey, board of, powers and duties 169 78 T. Taking up of enlisted men from dropped 101 54 Term of service 95 51 Title to armory sites: in city of New York 183 86 outside of city of New York 185 89 Toll gates, free passage through 237 110 Transfers of enlisted men and non-commissioned officers 98 53 Transportation of troops when called upon in aid of civil au- thorities 211 99 Traveling expenses: of officers and men assigned to special duty 214 101 of officers serving on courts 212 101 Trespassers, arrest 240 1 1 1 182 Triable offenses: Section. Page, of enlisted men 135 66 of officers 134 64 Troop, cavalry 36 28 Troops: conduct when ordered out in aid of civil officers 115 60 warning for duty 117 00 Trumpeter, pay 210 98 Tumult, see Insurrection. U. Uniforms: bids for 170 79 for enlisted men, provision 167 78 for officers, provision 166 78 full dress, use 168 78 issue 165 77 penalty for conversion 239 111 penalty for wrongful wearing 239 111 purchase 170 79 responsibility for 169 78 to be property of state 169 78 to be worn by members of military courts 144 71 use, other than state 1^8 78 United States: army and navy, custom and usage 256 117 articles of war, when to be enforced 13 8 pay, deduction from 142 70 Unlawful: conversion of military property 239 111 wearing of uniforms and devices 239 111 Usage and custom, of U. S. army and navy 256 117 Use: of armories by cadet corps 192 95 by Grand Army of the Republic 192 95 by veteran organizations 192 95 rules 192 95 of full dress uniform 168 78 of liquors in armories may be prohibited 240 112 183 V. Vacancies: Section. Page. created by retiring board 82 49 in military courts 144 71 Valuation of public property lost or destroyed 169 78 Vessel used as an armory 190 93 191 94 Veteran organizations: to have use of armories 186 90 use of armories by 192 95 Veterinarian, pay 210 99 Violation of by-laws of association^ 135 66 137 67 254 116 Volunteers: drafted by mayor 9 7 by supervisors 9 7 from enlisted men 9 7 punishment for failure to appear 10 8 Voter challenged as unqualified 76 46 Voters, qualified, notice to be sent to 76 45 W. Wagoner, pay 210 98 Warning: of enlisted men for duty 117 60 of non-commissioned officers for duty 117 60 of officers for duty 117 60 of troops for duty 117 60 War of rebellion, bureau of records 19 15 War service, Spanish-American war, credit for time served .... 104 57 Warrants : comptroller's military and naval accounts paid on. . 22 20 for non-commissioned and petty ofiicers 99 53 may be issued by military courts 145 72 149 74 renewal 145 72 Way, right of 236 110 Wearing uniforms and devices unlawfully 239 111 184 Witnesses: Section. Page. in military coui'ts, attachment 147 73 judge-advocate may issue^process to compel attend- ance 147 73 Wrongful wearing of uniforms, penalty 239 111