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•a and dedireted from Ita military fund. ffhe adjiitant-genersi shall render a ^l«t and frue monthly account of the aales tnade by him to the governor anel ahnll expend the proceeda of the same In the 9urchaae of other military er naval prop arty as the governor mny direct
•. He ehall render anniinlly te> tbe gov- •mor. a etatement In detail showing the dlapoattlnn nf all clothing, ordnance, arms, ammunition and other military or naval properly on hand or Issued
la The aeal now uaed In the offlee ot tba ndjutant-general of the atate shall b^ tba aeal of his offlca, and ahall be deliver •d by him to hla succesabr In olliet
11. The adjutant-getieral of the state lliall be Ihe auditor e*f all military ac lounla payable by the state except aue h fta are for expenditures mnde by him or through his offlce which shnll be audited iy the comptroller copies of all orders ft.nd eontraets relating lo expenditures fuhleet tn hla audit shall he flled In hli fflee
f 4 Seetion eighteen of snid rhnpter a« •mended hy rhapter two hundred and •Ighty-cine of ths laws of nineteen hun Ired nnd eleven and by chaater three iit the laws of nineteen hundred nnd thirteen Is hereby further amended to read aa fol¬ lowa:
I 18 The adjutant-general of the stnte. tils p«y. asatstnnta and employees The adjutant-general of the atate ahall have •uch assistants, and such clerka, employ aea and laborers as mny lie nee-essary from time to time who ahull be appointed and shall he removed by him at hla din- sretlnn, and any offle-er, who Is such on aaaiatant. may be rendered superniimer ary by the governor at any time He may by a writing flled In his offlce designate any one of his assistants fo act as the adjGfnnt-general of the stato in the ab- •eiic-e of the latter from the capltnl elty of Ihe state or In case ot his Inability to parform the ehitles of his oflice There •hall be allowed to the ndjutant-genenil af the stnte for his salary seven thousand Sve hundred dollars annually There shall pe allowed annually fifteen thousand three hundred dollars or sej much thereof as may be necessary for the aalariea of the- aaaistants. Necessary traveling expenses and subslstencn of the adjutant-general of the stale and his aaStetanla when traveling an duty and under orrlers as well as the afflce sKpenses, clerical aefvlces and labor will also be allowed. The adjiitant-gen aral uf tha state mny require his nsslst- • nta or any of them to give bonds with aufflcli-nt surety In not exceeding flfteen thousand dollnra each to the people of the State conditioned for the faithful discharge pf their duties, such bonds to be approved iy the governor nnd comptroller nnd flled <n the Inttei's office.
I B. Sertlon thirty of said chapter as amended by chapter three hundred and •evenly of the laws of nineteen hundred and nine nnd by chapter flve hundred and •Ixty-four of the laws of nineteen hun¬ dred and sixteen Is hereby furlher amend¬ ed to read as follows:
I 30. Composlllon nnd strength The na¬ tional guard of the stale shall c-onsiat of , a major-general. brigiiellei'-generalH.^ au adjufnnt-geiiernrs department an Inspec- tor-genernl's depnrtnient, a Jiidge-oclvo- Sate-generul's department, an ord nance de- fiartmert, a quartermaater corps, a corps of engineers, a coast artillery corps, a med¬ ical dep irliiieiil, a signal coriw, the ofllc-ors and enlisted men on Jhe retired list and iu the natliihal guard reserve, tho organiza¬ tions forming tbo national guard ut this date, such others ns may lie orgaiiizeil , herenfier and such persmis ns nre enlisted and commissioned therein. The govornoi ¦hall have power to alter, divide, annex ronsolldale, disband or rcnrganlze uny or- .gnnlzatlon. department or corps ai;,d cre¬ ate new oriciinlza lions, departments or ,rorTJs wh-^n i-eiqiiirecl In- the provisinus of thla chapter or .whenever In his Jiidgrnciil the efTl.ciency of tho state forces will bo thereby Increu.sed, and ho shall have pow¬ er to chauge the orgunlzallon cif any or ganizatlon, dopartment or corps so as lo conforni to any orgaiilzalloii. system of drill or Instruclloii now or hereafter pre¬ scribed by the laws of the I'lilted States *or the organization of the'nalioiiai guanl and for that purpose the number of tho .Offloers and nim-commlssloiied otflcers nf any grade in uny oi-Kanlzallon, depart- I anent or corps may he Increased or di- tnlnlslicd unci the grades of such otflcers and non-commlssloncd ottlcers may be al¬ tered to tho extent necessary tu secuio such conformity. The governor shall liuvo power lo lix and from time to lime to alter tho maximum and minimum numlier of enllsied nun which shall form purl of any orgunizatioii, depariiiieiil ur corps. Ttje aggi egalo forces of llio nallonal guard in liiiio of pciee, fully urmod, iiiii- formeil and eiiulpped. shall bo not less than ten thousand onlislcicl men,
t I). Section thirty-one of said chapter as anieiidecl bv clKipter tlil-oc hiiiidrod and aevent.v of the laws of iiinoloeii hiiii(li-e,l •and nine and by chapter five hundied ami alxty-l'oiir ol the laws of iiliietecn hun¬ dred and sixteen is hereby further umend¬ ed to roud as follows:
1 81. Divlsinn und brigades. The bri gudes and other uplimpii.ite military units of the national guard shall c-niiliniie to constitute a luctlciil division wliidi shall be commanded by Hiiv major-goner,il 'iho Soveiiior is authoiiz. d to.prescribe the or¬ ganization of the national guard lo con¬ form as far ua practbalile Ui that pre¬ scribe.1 by the luws nf the Inited State.'. t;ow or horealtei' in fone
S 7. Seclion seventy-one of said ch;iptei- aa amended b.v c-luifilor tlireo hundred and ^eyenly-one of Iho laws of nlnot.en hiiu- Jred and niiio is hereby furthoi umeiuiod to reud as fcillovvs: ¦% 71. KUglbilily reciuired to receive
m-
.ommlsslon ill the national guard. Coi -tnlii.siiiiied olrlcera must ho citizens of the I'oiiled Slulos and of the age of eighteen
-yenr;^ and upwards No person who has been expelled or dlshoneirHbly discliarged from any millt:iry or naval ninaiiiziil inn of the stato shall bo commissinned tin', ss y\o has re-oiillsted and served as provldod in this d-loiter. No person sh.ill be inm- mlssiotied unless ho shall possess tho TUiUlfloatloiiH now or heroufior lu-chcribed by thvs laws of the I'nitod Stiitos and the ilddltional leqiiiromeiils lu'rcin presi-rlbod
• for till' paiticiilar ollire to which ho is In bo commisiuonod A niajor-geiioral. at the time of Ills appciliitmenl, niiisl bo an otfl¬ cer In active sorvlco in the nallonal guard of thla stale of the grade of brigadier- general or Held ollicer. and for .seven suc- oesaivo years Immediately preceding hi~ nppoiiilmcnt. he must have been in a' live jisrvlcw l;i said nathinal gii-irl as a loin- nilBsloned ollicer A lirlRadicr-generul. at tho time of Ills appoliitiiient. must In- au 1,nicer In active service in (In- luilinn:!' guard of this stato of the gi ;Kle of fleid •mi-er und In ii'ldltloii. for flvo successive years Immeelliteiv picc-ediiig bis appcilnt- inent. he must luiv-e been In activo serv¬ ice In said nationiil guard »» u i-ommlH- idiined otticer or he must have been In activo. sei-vlco in the luillonal giiar.l of thla state as a commissinned nttlcr fnr a period of flfteen years, ten nf which were Its a tlekl or geneial otticer or lioth com¬ bined. A vokinc'l nf fhe i-.ia.st Hrtillerv .corps <u- of a regiment, at tbe time of his appoinlment. must ell her be an oflicer In active -service in the nallniml guard of
•thla at lie: ond for three siu'cessive years Immediately preceding bis appointment
¦ ha must have been in uc-tlve service In said ii.itlonul guard as u commlasloiiel offtcer: or If not In active service at the time of ttpiHilnti«ient be must huve had prior service of at least six yeurs In the national guard of this state, or in tb.- army of the I'lUted Slates, or In bulb eontbluod, as u commiaaioneil officer. .\ lieutenant-colonel and major of the line • t the time of hlu upiKiinlmeiit. must either be an officer In active service, und (or two aucve«Hive yeara Immediately pre¬ ceding his appolntiiieiit. he must have t>e«n In active aervice In the national (uard of thla atate. as u couimisuluaed pfllcer, or If not in active service at the tlmrn ot sppoUitment. he must have had prior service of at leaat six yaara In the natlouul guard uf thU sUta. or In thr mtmty ttt the United Sbites or In both
; eombined, as a com >ilss:on<,o nfflrer OIH- ' ears of the corps or engineeia, the signal I corps, fhe adjiitant-generara department, the InanectoT general a department, the , quartermaater corps nnd the ordnance de partment above the grnde of captain must I poaaesa the aame reepiirements sa offlrets ot the line of the aame respective grades Offleera of auch corps and departmenta of or bAlow the grade of es|itnin muat have aerved one year immediately prereding appointment In the national guard or naval mllltla ef the nltttn or If not In ac- i tlve aervice at the time of appointment they must have had at least one yeer's ' service In the national guard or naval mllltla of the state nr the army or navy ' of the I'nited Statea e>r both comblneil An officer of the Jiidge-advocale-general s department must be a coiirtselor-nt-law of the supreme court of this stnte of at lenst ten yeanT standing If of the grade of colonel or lleutensnt-colonel. of at least flve yenra' standing If of the grade of major An officer of fhe medical corps must be a graduate of an Inrorporat'-el school of medicine nnd of nt least ten .years' praeliee If of the grade of colonel or lieutenant-colonel; of at lenaf flve^ J ears' practice If of the grade ot major. of at least three years' prnctk-e If of the I grade nf cnptnln: and of al knst one yenr's practice If of the grnde of flrst lieu¬ tenant An offleer of the signal corris muat have a knowledge ot signaling, teleg¬ raphy, topography, and mnp making A chaplain must be a regularly nrdnined minister of some rellgiouB dennminatin'i
Staff offlcers. Including offleera of the pay. Inspee-tlem, subnlsferw'e and medical departments hereafter appointed shall hnve had previous military experlem o nnd shall hold their positions until they ahall have reached the age of slxty-foiic yenr^ unieaa retired prior to that time by renson of reslgnntlerti. disability or for cause to be determined by a coiirt-martlnl legally convened for thnt purpose, and vacancies among said offlcers ahnll be flll¬ ed by appoinlment from the offlc-ers of the mllltla of thla state. !
I 8 Seetion seventy-two of said chapter : ia herehy amended to reod as follows: '
I 72 Kxumlnallona. Ltefore being com¬ missioned, every offleer must have pasae-d a satisfactory examlnntlon before a board aa to his knowledge of military or navnl affairs and general knowledge and fltness for the aervli-e, anil anyone falling to puss auch examination shall not be eligible for an office In the national guard or nnval mllltla of the state for thp period of nuo year from the date of aueh failure. The following are exempt from examination: general officers and tbe commodore or captain of the naval mllltla.
I 9. Secllon seventy-three of said chap¬ ter Is hereby amended tu read as follows:
i 7il. Kxumlning boiirds. Hoards of ,¦:<- aminatioin under the preceding seetiuii shall be appointed by the governor or caused by him to be appointed for the na¬ tional guui-d by the majur-general, for tli» naval inilitiu by the commodore or ca|i- talii us the case may be. Such bounls fihail consist of not less than three nlli- cers. and sluill have the sume power to take evidence, adinlnlHler jjutha und com¬ pel wliW,sses lo attend and testify and produce books anel papers and punish tlieir failure lo do so, us is posHe.ssed by a generul court-martial.
Examinulions for commissioneel oflicers of the national guard may be cionckictcd by boards organizi-d in accordance Willi the |ii-ovisions of the national defense nc I or any unieiidiiienl tbere^eif wliich may hereaf(er bo enacted by congress.
Nomiiiations for commissions in the na¬ tional guard sliall be referred to the iiia- Jor-geiieral for clelei-mliiatioii of the eliwi- hlllly and Illness of the candidule to serv e in the graue to which he is nominated. The muj'ii-generai may conslltule ami dissolve tieiaids lo pa.ss iiiHin the eiigibilily anel Illness of candidates. Nnminces whose ellglbilily and fllflcss are cerlKled to by tbe majnr-general shall be cirilercd In le- port for examiiiatlnn by the boards here¬ in provided for. Tlie resuTt of the c-\- aminatlnii with all the papers In the case. snail be fiiiwurcled to the officer ordering tlie board.
J 10 Section seventy-four of said ehap¬ ter us aini'iiiled b.v e hapler three hundied and seven(v-oiie of the laws of iiineleen hundred and nine und by cliapter niinty- nlne of the laws of nineteen hundrod and eleven la horeby further amonded to rend ns fe>llov,'s:
§ 74. Appnintevl offlcers and non-commis¬ sioned cifflcors of the nalioiuil guard. Tho major-general of the national guard shu'l be appointed by the gnvcrnnr with the consent of Ihe senate; during the tlmr« that the senate Is not tn session. Hie gov¬ ernor maj make such iippolntmeiil. suli¬ ject lo sub.seqiiont ciinllrnialion bv tbo sen.lte. Hrigade cornmandors. otflcers to serve ns admlnlstraliou ottlcers in the sev¬ eral corps unci dep,-irtnieiiis. and the o!Ii- c-ei-s of the Stan- of the tactical divlsinn Hhall be iipiininted upon the nomination of the tnajnr-geiiei-al. ( ine biigade adjiiiaiil shall be a|ipoiiit('d upon the nomliiatinii of the cnmmancling general of i-acli biigii'lo npprnved by the>Jiiajor-geiieral, Culoiii.'is of regiments shtj,r be- appointed upon tho nomiiuitliin cf Hie brigade comm.-mdci ap¬ proved by the- ina.lni-genoral, Cnliineis of rc-iriineiits and majors of separate b:!- talinns or squadrons, nnt part of a tacti¬ cal bilgade. shall be Miipuinled upon tho nnmlnation nf Hie mnini-.u'l-neral, i',,iii- misslonecl olfli-ers of. n-f.-lnienls belovv (!io grado of co|oi:,,l -.hull U- a i.i'oinie.l on tho iiniiiinaiion uf the regtm^tal command, r, niipi-nved by the bilninle iniiiin.iiidi r Mid the iii.ijor-genei-al. (ifllcors below the grade nf ma.lnr of s.'parate batl;iliOlis. sqiiaclrons and lesser units shall be afi- Iiiiinted nil iioiniiiatioii of the unit c-oiri- niancler approved by the major-genernl.
5 II. Soetion seventy-eight of said eli,ip¬ ter ia hereby amended to read as follnvvs nnd Is renumbered to be section sevcnly- llve-
i 75. Oath of ortlc-e. Kvery cifli. er duly commUssloiied shall, within ton davs after his commission Is tendored lo him or within ten daya after he shall huve been iioiiliod persioiiall.v ur by mail llial the s.ame is hehl In readiness for him by a superior oflleer. take, and subscribe the
folbiw-lug nath of urtl'-e; "I
do solemnly swe^ir tbat I will support and defend the constitiit Inn of the riiited Slates and the cnnslltuliiin of tlie state nf New Ynrk, .igaiiisl ;^J1 enemies. fnn.«igii and domestic: that 1 -will bear true failh and allegiance to the same: that I will (ihey the orders of the piesident of (he I'nited Slute-s und of the guverimr of the .stale of Now Voi-k; that I mako Hus 1 bligatinii freely, without unv mental rcs- ervaliiui or purpose of evaslnn, and-that 1 will Well and f.iithfully dlschurge the du¬ ties of the ofllee of in the
iiatlnnul giiai'l nf the riuted Slutos and of the State of .New York upon whiih I am about to enter, so help me (lod " Siuh oath ahall tie t:ikeii und siiiiscribeil befnio an oflicer of the national guard of the grade of general or tb-bl oflicer or un ot!l- «.-er who shall hold thu a.ssiiiiilalecl glud.) of a fleid oflicer or a iinlarv publie In vaaw of iicgloi-t or refusal to take and Hubsc-rlbo such outh within the time men¬ tioned, such i-ommission shull be ciun ol leti by the gciveriinr and a new apiiiniit- ment shull be made to till the vucuiu v ' I 12. Section seventy nine of said chap¬ ter ua umelided bv chapter three hundred and aevenly-cine Ot the lawa of nlm-teou hundred und nine Is hereby furlher amended tu leeid as follows and Is re- num^-red lo be section seventy-six
I 76. Brevet oomml.ssioiis The governor may confer commissions by brevet upon commlFSioned ollicers of the nutlonal guard and nuVal militia for distinguished conduct und public service in presence of the enemy.
I 1} Sectlun eighty of said chapter us amended by chapter three hundred and aeventy-one of the laws of nineteen hun¬ dred and nine, chapter twu hundred and elghty-flve uf the laws uf nineleen hun¬ dred and eleven, chapter ewe hundred and ninety-one of tha laws sf nineteen hun¬ dr^ and fourteen, chapter fuur hundred fnd alxty of tha laws of nineleen bun- red and flfteen and chapter Ave hundred and aisty-atght of tbe lawa uf nineteen
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handred and oirte4v ia liaiabi flM3«*< I amended t« read aa followa and la rw- bnmbered to lie section seventy-seven
I 77, National guard tmnmrye. There shsll be a raaet^ve list for commlaaloned offleer* Who hare aerved Ht the active mllltla 'Thla Hat ahall Include thoae evimmlaaloned offleera who are lawfully carried on the tanar-v* list at the date thla aet take* ef feet and aueh others aa may be placed thereon In aceiwdance with ttie provision* Inf this ehapter Any offleer of the active mllltla on active duty mny be plaeed bv tha governor on the reserve Hat on hta own requeat approved by hla Intermediate k*ommandlng officers Any peraon who haa served lui aide to the governor during the ten yeara last passed: or as a commis¬ sioned offlrer In the active mllltla, or as a commiaaioneel officer of the army, navy or ^•rlne corps of the L'nited States, anel who has been honorably discharged thire -
trom may be commissioned and place! ipon the raaerve list by the governor with 'the highest rnnk previously held hy him after passing an Inspection and aurh ex¬ amination aa the governor may deem nee- essary. The governor may cause the ofli¬ cers on the reserve list to be Inspected and examined by an examining board or¬ ganized pursuant to this rhnpter when¬ ever ha ahall deem It neceaaary so to do. Notice of the time, plnce and scope of such Inspection and examination shall be mailed to siirh reserve officer n^ his Inst known address not less than slk weeka prior to the dnte thereof and nn officer falling to apfienr or to pass auch Inspec¬ tion and examination may, upon the fliid- Inga of such board, be placed upon the re¬ tired list or be dlacharged In accordance with his previous Bervlce and the privl¬ legea thereof Time spent on the reserve Hat. shall not be credited to an officer in the eomputatlon of seniority, pay, length of service or tho privileges ami exemp¬ tions pertaining thereto Resignations, re- tlrementa and discharges of officers on tho reserve list ahall be made In the same inanner as provided by this chapter, for offlcers on active duty. " Offlcers of the ac- tlve militln who ""shall be rendered surplus by reduction or disbnndments of organiza¬ tions or by the abolishing of their offle-e or In any mnnner provided by this chap¬ ter, unless plac-ed In the national guard reeerve, sliall be withdrawn from active duty and placed upon the reserve list The governor ma.v upon the recommenda¬ tion of thf* commanding offlter of the na¬ tional guard or of the naval mllltla re- apectlvely detail offlc-ers on the reserve list for active duty. In which case they shall rank In their grade from the dnte of aueh detail and the governor may return them to the reserve list at his dlacretlon. An offle-er on the reserve list shall not ho detailed to active duty for more than ninety dayn until he haa. passed the ex¬ amination pre.scrlbed for the offlce to per¬ form the duties of which he Is detaiieil The nallonal guard reserve shall c-onsist of auch organizations, officers and enlist¬ ed men as may l>e authorizenl nnd pre¬ scribed by the lawa of the United States and regulations Issued thereunder. Tli« governor Is authorized to provide for tha orgunlzatlon uf an offlcers reserve c orpa and for schools to quulify persons fot* commissions therein in accordume with regulations to be prescribed by him for that purpose.
I 14. Section eighty-one of said chaplei" l.'S horeby amended to read as follows and is renumbered to be section seventy-dglil.
i 78. Ileslgnallons. A commissioned olii- 1 cer teiiiloring his reslgrialion before hav¬ ing served live years, if the governor ac¬ cept il, shall receive nn honnrable di.— charge; if he hna served flve years i,r more, he shall receive a full and hi'iior- able discharge: provided he shall imt Im under arrest or returned lo a mililaiv - court for any delleiency, or deiinciueiic.v-. In compiitiiig Hie time served, .>;«rvii-e as an enlisted man shall lie allowecr. and the service is not reciuired to be c-ontiiiuciiis, Jf the governor acc-eiit the reslKiuilmu uf an officer, who at the lime shail bo under arrest, under charges or reiurned to a mililary cniiit for any olTeiise, deficiency or delinquency, sucli officer shall then cease to be un ciflicor of the nation,11 guard or naval militia, und shall receive a discharge in such form as the governor 'shall dlroct, nor sh.all he be again eligible to receive a commission unless he flrst re- enllst. nnd shall have performed al least seventy, per centum of duty in each year under such enlistment for two successivo years.
J 15. Section eighty-two of suid chapter as amended by diaple,r four hundreel and Hixly-foiir of the laws of ninetoen liiiii- elroU Slid eleven, by chapter seven hun¬ dred and seventy of the laws of nlneteeii hundreel and elevon aud b.v"- chapier four hundred and seventy of the laws of nine¬ teen hundred and sixteen is hereby furtiier ameiiaed to road ns follows and Is re¬ numbered to be section seventy-nine:
i 79. Retirement and discharge. Any of- fic:cr of tho national KUard or naval millluk who has roachoc' tlie age of slxtv-foiir > ears shall be pbu-ed u|K>n the retireil list by the governor. Any eonimis.iicine I offleer who shall luive Berved in the same grade for the contiiiiinus period of tea years, or In the military or naval servico of the slate us a commissioned oflicei- for llfteen years, or iu the case of an olflcer of the naval militia retiring sudi service may have- been in the naval service of the state unci the rnlled States combined for tlfleen years, provided al least ton years of such servle-e shall have been in the stale, may. upon his own ro'iiiest ba jdaced iqion the retired list and with¬ drawn from active service and cotumand by the governor. Any iciinmissioiied ofli¬ cer who haa become or shall hereafter be¬ como disabled, and thereby iiu-apalile of performing the duties of his ofllee, shall be disc haiged Anv commissioned otflcer whu has liec-cime. or who shall htrcaftor* become until or lucompelenl. and thereby Incapable of performing tho eluties of his otfice. shall be cliseii;ii-gi-il upon the reeoni- niendatlon of his c-onimaiidiiig officer or the recommendation of an iuspecllng olli- e-.,-r Such retirement or disc-harge shall .bo by order of tho governor, and In either case shiill bo siibjec t to the provisions of this section, nefcire making uucli order, a board of not loss than live eoiumissinn- ed oflicers, one of whom shall be a sur¬ geon, sliall be appointed, whose diilv il shall be to determine the fads as to the naluro and eauae of incapucity of sm li offlc-er as appears disabled or iinlH or in- ] competent, from any i-ause. to perforin ; military sorvlie and whose ca.se shall be ' leferred to It No ofHcer. whose grade or promotion woiild In- affevte-d by the de¬ cision of suc-li board. In any case Ihat may come before it, shall pai ticipule in tlii- examlnaliciii or decision of the board iu sudi case. Such iHiard is hereby Invested witb the powers uf courts of ine|uli-y uii'l coiirlH-martial, and vvlu-in-wr it tinds an uHlcer Incapai-iiiu-d for vS^tivi- sei vn e shall repurt sueh fact to the guvernor, slating cause of inc .ipacity , wliollioi frnm disability, unfllness, or liic-oiupelonc> aii,l if be iippriiv-es su,-li iliuhiiK smh offl'or bhull be discharged as priiMdeel In Ihls artide The members uf the board shnll, before entering upon the dlsdiarge uf Ihoii duties, li» sworn lo an liunesl uiul impar¬ tial perfiiinianco of th^» duties us mem¬ bers of such board. W) officer shall be disi-hargi'd by the aetion of such board. , withuul liuvlng had a fair uud full heur- i lug ltefore the bourd. If upon due notice he shull demand It, It ahull not be neces- ^ eary to refer any ease feu Hie uc-liun of auch board arising under this section, un- | leaa the officer designatud to be discharg- ' ed, shall within twenty days after being liotifled that he will be so dlHchurged serve on the adjutant-general of the stute , a notice In writing that he demands a hearing and examination befure such i board. Boards for the national guard ahall be appointed by the guvernur for offleera above the grade of colunel. and by j the niajur-general for offleera below the { grade of brigadier-general: lioarda for the naval aillitla ahall Lie appointed by the govern.v. and ahall be i>ompoaed of offl- i cers uf such grade or rank as bs may de¬ termine. The governor may withdraw ' from active aervice and command and i plaoe upon the retired list any officer who torn been twanty-flva yaara In the acttra
tttttt tk (Ba natlemai guard, on tlta rer>nmmandatlnn of the eommandinc affl- cer af bla organlaatlon. Iha commanding officer of the brigwde. and the major-gen¬ eral, and In the caae nf offle^era <ft the corps of englneere and the coast artillery corps and offleera of atafT corps and de¬ partmenta upon the recommendation of The major-feneral Vacancies created hy the operation of this section shall be fllled In the aame manner aa other vaeanclea. Ths governor may In his discretion detail offlcers from the retired list to active duty and return them to sueh list In his dlacre¬ tlon provided that offleera retired for age shall not ba detafled to commancl^troops but only to perform dutlea cf stdlr corpw or departments or to alt on military court* or hoards, except In time <»f war or Immi¬ nent danger thereof when thev may be detnlled by the governor to perform any military duty designated by him
I 16. Section eighty-three of aald chap¬ ter la herehy amended to read as foiloa'a and la renumhered to be Bectloh eighty:
I HO Rxnmlnatlon and discharge of offi¬ cer The governor may, whenever he m;iy deem thnt the good of the service re¬ qulrea It. order any commissioned offleer before a bonrd of examination, to consist of three offlcers senior In rank to the offlrer whoae fltnees for Bet-vko Is under examination, which Is hereby Invested with Ihe powers of courts of inquiry and rourta-martlnl. and auch board shnll ex¬ amine Into tho moral eharnrter. rjipnrltv and general fltness for the servlee. of aiic-h commissioned officer, and rerord and return the testimony taken nnd n rerord of the proceedings. If the findings of surh I bonrd be unfavorable to auch offlrer and ue npproved by tho governor he shnll be discharged from the aervice No offleer whoae grade or promotion would In anv way be affected by the decision of surh board, In any case that mny come beforo It. shall partlrlpate In the exnmlnatlon or derision of the l>oerd In surh caae. Fail¬ ure to appear when ordered before a bonrd constituted under this section, shall be sufflcient ground for a flndlng by such bonrd thnt the officer ordered to appear be discharged. An officer discharged un¬ der the proviaiona of this aection shnll not be eligible for election or appointment as a commlaaloned officer In the mllltla, un¬ less he flrat re-enlists and shall have per¬ formed at least eighty per centum of duty In each year after auch enlistment for three suceaeslve yearn,
I 17. Secllon nInety-flve of said chapter, as amended by chapter three hundred and sixty-nine of the lawa of nineteen hun¬ dred and nine, by ehapter one hundred of the lawa ef nineteen hundred nnd eleven, by cbapter alxty-eight of the laws of nine¬ teen hundred nnd twelve, by chapter one hundred and alxty of the lawa of nineteen hundred and fourteen and by ehapter eighty-two of the lawa of nineteen hun¬ dred and flfteen, la hereby further nmend¬ ed to read us followa:
9 96, Enlistments. An able-bodied man of good character who can read and write, -who Is a citizen of th© T'nited States or has declared his Intention to tiecome such. may be enll.sted In tho national guard for a term of six years, th© flrst three* years of w-lili,-h shall be In nn active organization and the remaining three years In the na¬ tional guard reserve. The i|iialIflc.allons for enlistment shall be the same as Ihoso prescribed for enlistment In the regular army. An enlisted man may conlinui» In active service during the whole of an en¬ listment period and may re-enlist in said service
5 18. Section ninety-seven of said chap¬ ter, us amended by chapter two hundred anel eighlv-three of the laws of nineleeii huiulred and eleven anel by chapter four lii.u'lred and aeventy-three of the law.-^ of nineteen nnii'ireil ami sixteen, is hereb.v further amended to read aa follows and is renumb'iod lo be sec-linn niiioty-six:
i %. Knlislmeiit papers. Evory person who enlists or re-enlists shall sign and mako oatli to an enlistment paper In the followli^g fejt^m: "I do hereby acknowledge
to have volimlarlly enlisted this
dny oi 19.., as a soldier In the
national guard of tho United Stales and of the state oi New York, for the period of three years In service and three yeurs in tho reserve, under the cMindilions pre- scritied by law. unless sooner dlsch.irged b.v proper authoril.v. And I dft solemiil.v swear that 1 will bear true faith and al¬ legiance lo the t'nlled Slates of America and to the slate of New York, and th,il I will serve them honestly and faithfully against all lhelr enemies whomsoever, and that 1 will obey the orders nf tho pre.-i- de-nt of the Uniied States and of the gov- eiiior of the slate of New York, nnd of tbo offlcers appointed over me acc-urdlng to law and the rules and articles of war." fucli nath shall be taken and subscribed to before aij oflicer aiithcirlzetl to adminis¬ ter tho same by the regruhatlona issued un¬ der this chapter. A person making a false oath as to any statement contained In such enlistment papera shall upon coii- vli tion he deemed guilty of perjury.
J 19. Section ninety-eight of snid chap¬ tei- is hereby nmended to read as follows and is renumbered to be seetion ninety- sev en:
J fiT, 'I'ransfers. An enlisted mun who sliull permanently reniove his residence to such distance from the post at which ^le Is detailed to serve as to render It Im- p^ractlcable for him to perform hla duties pVciperly may ho trunsferred for eliily ut u pnst convoHieni to his new residence, oi¬ if there bo no post convenient lo such now resideiii-e such onlisled man mny be fur- Iniighocl to the national guard reserve I'^nllsted men may he transferred to or from oigaiiizullons, departments or corps as provlili-d hy the regulutlons Issued un¬ dor tills chupter.
8 -0. Section ninety-nine uf said chapier. as amended ,by chapter three hundred und sovonty-iwo of the laws of ninetoen liun- dre-cl and nine and by diapler flve hiin- elii d and twenty-one of the laws of nliie- t-eeii hundred and flfteen, is horeby furlher amonded to read as follows and Is re- iiiiinliered to be section iiliiely-elghl:
!i 98. Non-eommlssionod slaff and chief petty officers; non-coinmissioned and potl.v ofHcers. Non-commissioned stuff citflcoi.-^, cliicjf petty officers, non-commissioned oMI- c-eis and peiiy otfliers shull be warranted: a. In regiments and in ballulioiai or s.|uadrons not part of a regiment by the c/nmmanding oftlcer of tho lOBiment. but- t^liun or squadron:
b In the corps of engineers by the offi- t'lr thereof communiling the engineer reg¬ iment;
c. In the cuust artillery corps by the iHiiking officer cuinmundiiig the urtlllery cunini.iiul in which the man U to serve;
d In tbe quurlerinuster corps by the senior ufflccr of the ciuartermuslor corps. In the eiUisted forco of tbe medical de¬ partment hy the e hlef Burgeon. In sepa- rMo battalions, squadrons. Irexips. bat¬ te rb H and companies by the commanding oflb-er of the regiment or brigade lu whii'h such units are atlaehed or by the major- geiier.ll. ns the i a.se may bo;
e Petty officers of aepurute divisions by tlio cummanding officer of the naval militia;
f In all cases not hereinbefore provid- I at for by the major-general
Ali nun-commlssloned officers shall be wurruiited In the discretion uf the olflcer Issuing the warrant iu>nn the written iioininullun of the ufflcer under whose Im- mediute e-ommainj they shall respectively serve The offlc er warranting a iion-com- tnlssloned or petty officer shall have puw¬ er to reduoe him to the ranks.
I 21. Section one hundred uf aald chap¬ ter Is hereliy umended ti> read as fuliows and Is renumbered to be sei'tion nluely-
IIIIKI
I 99 Dropping from the rolls V.'hen un nil lated man of the national guard ab- i sents himself without leave and there la reaaon to believe that he doea nut Intend , to return, ha may l>e dropped frum tha I rolla as a deserter but only with the ex- I preas authority of the governor, aud un- ; der auch regulatlona aa he may preacrlbe. '
I 21. Section one hundred and ona of aald chapter, aa amended by chapter threa hundred and alxty-nlne of tbe lawa of nlnetaan hundrad and nine, by chapter oue bundred and alxty-one of the lawa of i aineteeii bundred and twelve and by oba^
lar flea Iwiwdieet and sixty-saven tt tha laws of nineteen hundred and thirtaan, la
herehy fiirtlter amended to read aa fol¬ lows and Is rsanmbered to be section ons hundred:
I IOO. Reaervs duty to active duty. An enlisted man transferred to the reserve by reason of removal may l>e transferred to active duty at any time within Ihree yeara after aueh removal. In hla former or any other organlaatlon An enlisted man dropped aa a desarier may be restored to duty by the governor and will thereafter serve for suoh period aa added to the tlma served prior to hla desertion will amount to the full term for which he enllated
I 2J. Section one handred and three of aald chapter, aa amended hy ehapter six teen" of the lawa of nineteen hundred and twelve and by chapter one hundred and sixty of tha lawa of nineteen hundred and fourteen, la hereby further nmended to read as followa and la renurtibered to be aection one hundred and one:
I 101 Discharges. An enlisted man dis¬ charged from service ahnll receive a dis¬ charge In writing In such form aa mny be preacrlfied by the governor
I 24. Section one hundred nnd four of said ehapter la hereliy nmended to renel as followa and la renumbered to f>e seetion one hundred and two:
I 102. War service. For all purposes un¬ rler thla aet, offlcers and enlisted men of the national guard or nnvni mllltla who entered the active aervice of the United Statea ahnll upon the termlnntlon of such servlee he entitled to credit for time so seized as If sueh service hml been ren¬ dered In the state.
I S. Section one hundred and eleven of said chapter la berat>y amended to read aa followa:
I IU. Drills and parades. Eaeh com¬ pnny, troop bnttery and detachment ahall aBSem'ile for drill and Inatruetion, Including Indoor target practice, not less than forty eight times each year, ami ahnll In addition thereto participate in en campmenta, maneuvers or other exerc-lsee, Including outdoor target practice, at least flfteen (Ifl-ys In training each year. Includ¬ ing target praetiee, unless auch company, troop, battery or detachment ahall hnve been excused from pnrtklpaiMng In any part thereof by the governor. In addition to such drills end periods of duty the commanding officer may require the offi¬ cers and enlisted men of his command to meet for parade, drill and inatruetion at such times and placea as he may appoint No parade or drill of the active mllltla Bhall t>e ordered on any day during which ! any election ahall be held, except In cases ' of riot, Invaalon or Insurrection i>r Imnii nent danger thereof.
I 26. Section one hundred and eighteen of said chapter Is hereby amended to read as followa: !
( lis. Excuses from duty. The offleer ¦ ordering any military duty shall have the power to excuse any officer or enlisted man for absence therefrom upon good and sufficient grounds. The governor or ma¬ jor-general or the comm.incllng officer of tho naval mllltla. with tho approval of the governor, may relieve any organization of the mllltla on active duty from the further performance of Bueh duty, and mny order any other organization to perform auch duty. But the provisions of this section shall not curtail the rights of command¬ ing officers .to grant leaves of ahsem e and furloughs as provided by regulations, unless the same ho speciflcally modlfled by orders from superior authority.
9 ?7. Section one hundred and twenty of said chapter, as amended by chnpter two hundred nnd eighty-seven of the laws of nineteen hundred nnd fifteen. Is hereby further nmended to rend ns follows:
5 llX). Organization of depot battallona mill units. When a regiment, the com¬ paniea serving in a coast defense com¬ mand, the regiment of engineers or a squadron or battalion not pnrt of ,a recl¬ ine nt shall bo In the actual service of the I'nited States, the governor shall orrani"" eleiint units ns follows, a h;itlalion lo laho tlie placo of 11 regiment and such number of companle.s, troops or batteries ns he tn.T..v determine to tuke the place of other units
Such depot units shall not be called on for duty outside the slate except in case of emergency to be determined by tho governor, but the members thereof may bo transferred by htm to fill temporary or perniancnt vacancies or to make up a deficiency In strength in the organizution for which the depot unit is formed.
The governor from time to time and In ,idvunce of the entry of an organization into the acluul service of tlie I'liitod i Slates may appoint and commission the oflicers necessary for the depot unit or units aulhorized by this section to be formed in placo of auch organization by selection from the resei^-e list of officers in tho flrst Instance and so long as there arc officers thereon available for the po ' sitions to be fllled. or he may di'tail ofTl j cers from the reserve list for such posi¬ tions: nnd he may authorize the formntion of the enlisted streiiKlh of such unit oi units by selection and transfer from the j reserve list of ncm-cominlssioncd oflicers ! and enlisted men in the flr.st instance and so long as there are non-commlssloncd , otRcera nnd men therenn available for the positions to be fllled and In default there- \ of tender of or agreement for service therein In BUch form as he may preacrHie; provided, such appointment Bhall be made upon the iiomln.-Uion of the cummanding oftlcer of tno or,'^anlz:itlon for which the depot unit Is formed unless such orgaiiiza- tlnn ba In tho actual Service of the Uniied ' St,iles, In which ease the selection shall ' be made liy appointment in the depot unit; und provided that the commissions authorized by this section and the ap¬ poinlment of noncommisBitvned officers of elepot units shall confer upon the persons receiving such commissions or uppoint- ments, tho rights and privilegoe of com¬ missioned oflicers or non-commissioned ; cilflcers, respocllvely, of •the national guard of this slale (luring the period thai tho organization tor whlcti the depot unit wilh which the-5' are ,serving Is in the actual service of the United Stntes and only during said period except that ofli- cera and non-c ummissioned oliicera of de- pejt units shull have uuthorlly to exerclso coinmand In their respective unlLs.
The governor in advance of an organi¬ zation entering into the actual servico of tlio United States may authorize the issue for ila elepot unit or unlta of euch arms, ' eciuipmehts. colors, camp and garrison eciuipuBo, boolis uf instruction and uf rec¬ ord and utlier supplies aa may be neces¬ sary for the proper performance of the duty required by this chapter and audi issue muy be mude to an officer or uHii era cominlssloned in biich depot unit uiidoi this sediuu or to an officer or uttlcois of the urBanizalion for which such depot unit la furnied. Each ollicer and momber cf a delHit unit to whom public properly IS issued slmll bo personally rosponsiiile lo the Btute for bucIi properly to the same exent thut eiftlc ers und eullaloel men of the national guurd ure respuiisiblo for publiu pruperty Issued tu the-n. When the urganlzatluu fur which a dopul unit Is formed la culled or drafted Inio the serv- Ic-o of the United States, t^o allowaiic es and military fund.i uf the urganlzution uu- thorlxed In this chapter may bo expoiided for the beneflt of the deiH>t units of such organizatiun, to the extent that the ud- jutant-geiierul uf the atute approves und In the manner that he prescribes
I as. Section one hundred and thirty of said chapter, us amended by chapter ono hundred and eight uf the laws of nine¬ teen hundred and ten, is hereby further umended lo read aa follows:
I 130. Tho military courts. The military courts of this state for the national guard shall be: 1. Courts of InqvUT-. t. General courta-martlal. I. Bpecial courta-martlal. ' t. Summary vourta-martlal. They ahall be cunstituted like, and have oognlxaiice ot the aame aubjecta. and pos- , seas like powers, except as to puniah- menta. aa almllar courta provided for by tba laws and regulations governing the army of the United Stataa. and the pro eaadlnga of oourts-martlal of the national i (uard ahall follow tha farma atvd inedaa
fiKliAli JfOTK P,«
•f piawduia preaerlbed for aald almllar eofirta I 2*. Article Sevan of aald cbapter M
hereby amended hy Inaerting therein tha following naw aaetlena. to he sections on4 -idred and thirty-two, ona hundred and thirty-three, ons hunelred and thirty-four, one hundreel snd thlrty-flve, one hundreel and thlrty-aix and one hundred and thlrty- aeven :
I iJt. Oeneral eeurta-martlal Oeneral courta-martlal of the national guard may be convened by order of the governor. and aueh courts ahal! have the power In Innfmsa flnes nnt exceeding twn hundred dollara; to aentenca to forfeiture of pay and allowaneaa; to reprimand; to dis¬ missal or dishonornble diacharge from the service; to reduction of non-commissioned offlcers to the ranks; or any two or mora of auch piinlshmenta may be combined In the sentences imposed by such courts
I 13J. Special courts-mnrtlal. In Ihe na¬ tional gtinrd the commanding officer of each garrison, fort, post, camp or other ^ place, brigade, regiment, detrtrhed bat¬ talion or other detached command, may appoint special courts-mart in I for his com¬ mand: but such special courta-martlal may In any ense be appointed by auperlnf authority when by the latter deemed de- alrable. Special courts-mnrtlal ahall have powwr to try any person subject to mili¬ tary- law, except a eommisaloned officer, for any crime or offense made punlshabla by the military lawa of the t'nited Stntes. and strch aperial courts-martial shall have the same powers of punishment as do gen¬ eral cojirta-marllal, except that flnes Im¬ posed by mich courts ahall not exceed one hundred dollara.
I 134. Summary courta-martlal. In thr national guard the commanding officer of each garrlflon, fort, post, or other place, regiment or eoiTi", detached battalion, company or other detachment of the nn¬ tional guard may appoint for snch ti'ace or command a aummary court to consist of one officer, who Bliall hava power lo ad¬ minister oaths nnd fn try the enllated men of such plaee ar command for breaches of diacipllne and violation of laws governing sueh organlzntlona: and aald court, when satlBfled of the guilt of auch soldier, may Impoive flnea not exceeding twenty-flve dol¬ lars for any aingla effense; may aentence non-«ommlBaloned efflcera to reduction to the ranka; mav- aenlenre to forfeiture of pay amd allowaneea. Tlie proceedings of auch court shall be Informal, and the min¬ utes thereof ahalf be the aame as pre- , scribed for summary courts of the army I of the T'nfted Stntes |
{ 135. Sentences to confinement. All coui^s-martlal of the national guard. In¬ cluding summary courts, shall have power ' to Bcntem^ to ronflnemcnt In lieu of lines ' authorized to be Imposed; provided, t^jjit | such sentences of conflnement shall not ! •xceed one day for eaeh dollar of fine au- ' thorized.
I 136. Sentences of dlsmlseal. No rwn- ' fence of dismissal from the aervice or dls- , honorable diacharge, Imposed by a na¬ tional guard court-martial, shall beexectit- ed until approved by the governor. 1
5137. Warrants, subpoenas, attachments. In the national guard presidents of courts- , martial and summary eourt offlct-ra shall have power to issue wairants to arrest ac¬ cused persons and to bring them before the courl for trial whenever such persons ahall have dlsobe.v ed nn order In writing ' from the convening authoril.v to appear before such coun. a copy of the charge or charges having been delivered to Ihe ac¬ cused with such urder, and to l.ssue sub¬ poenas and Rubpoeiias duces tecum nnd to enforce by attachment attenciance of wit¬ nesses and tlie production of books and p.ipers, nnd to sentence for a refusal to be sworn or to answer ns provided In actions before civil courts.
All processes and sentences of said courts shall be exec-uted hy such eivil of- , fleers ns may be prescribed hy the laws of the state.
8 30. Section one hundred and foity-two ' of said chapter, as amended by diapler I one hundred and eight of the laws of nine- | teen hundred and ten and by chaplor four | hundred and forty-nine of the laws ol , nineteen hundred and Hfteeii, is hereby j further amended to reud as follows und I renuniliored to be aection one hundred and Hilrty-nlne:
i 139. Payment nf flnes nnd disposition thereof. Fines rnay be paid lo a court or to an otticer exeeuling its process. The amount of any such Hue nti.v be noted up¬ on any roll or account for pay of the clo- lliiquent and deducted fioiii any pay or al¬ lowance duo or theioafter to bec-nme due lilm, until said tine is liquidated. Any sum . so dedu led from any stato pay or allow- 1 unce shall be turned Intn the courl which I Impnscd the ffnr? and shall be paid over by I the officer receiving the same In like man¬ ner as provided for other flnes and moneys i collected under a sentence of a summary | courl-niartial. Any sum so deducted from j any United Stules pay or allowance shall 1 be disposed of n.s authorized b.v the luwb of the riiiled States and the reKUlatlons | iSBUc-d tlu'ieiiiidor. A flne or penalty im- j posed hy a military court upon an enlisted j man shall be paid by the oflicer collecting | the same into tha treasury of the countv | within which the organization, detachment 1 or corps of whii^li the person paying the ! same as a momber or to whlcli he is de- i tailed or attached Is located wjlliin thirtv 1 days after tho colloclion thereof and shall ; form a part of und be credited to the mili¬ tary- fund of such oi'gaiiizafloii. corps or : detudiiiien;, A fine or penalty Imposed nn ' an eiill.stod man nf the coast ariiller.v | corps or a man uttached or detailed there- ! to or serving therewith shall be paid in I like manner into the treasury of the cnun- ! t.v In which the artillery cnrnmand In | which the iiersnn paying tho fines serves Is located und sh;ill be credited to the mili¬ tary fund of such artillery eommaiid. The treasurer of such county shall theroupoii report the aiiinunl Ihoreof. desimiating tlie i orfr-inizalion to which il belongs, tu the adjutant-general of the state. The ainottiit of tines or penalties so collected from any commissinned otflcer ahull be paid by the oflicer collecting the same, to the adjutant- general of the state, who shall apply the samo to the use of the nallonal guard. i
J 31. Secllon one bundred and fnrty-six | of said chapier Is hereby uinend(*d lo read j as follows and renumbered to be wcllon I one hundred and forty: .[
i 140. Marahuls; appointment, bonds and duties. The president of u general and a special court-martial und u sunnnary court officer may each appoint by a warrant, and at any tlma remove, one or more inarBhals. each of whom shall, before entering upon his duiiea, execute a bond tn the /ilate In the peiuil sum uf one thousand dollars, with sulflcleiit sureties, to be upproved by the president of ihc c-niirl or officer up- poiiitlng him. for ihe faithful performance ui his duties aud the prompt payment of all moneys collectocl by blm. Kach mar¬ shal shaii perforin tho usual duties of such marahala and shull execute any process, mandate or ordor issued by auch president or court or offleer. and perform all ads and duties by thin chapter lm|)oaed on or authorized to be iierformed by uny sheriff. marshal or constable. A bond given as herein provided may be proaecuti-d for breach of the conditions tliereof. In the name of the people, bV » Judge-advocule, and ull niniievs recovered shall be paid to the military fuml Injured
i 32, Bectluii une hundred and sixty-nine of aald chapier Is hereby amended to read as follows and renumbered to be section ono huundred and sixty-seven:
I 167, Respuiisibillty for public property. Bvery officer aud enlisted man to whom public property of the state has been is¬ aued, ahall be personally responsible to the state for aucb property, and no ona ahall he relieved from auch responsibility, •scept It be shown to the satisfaction of the governor that the loss or destruction uf auch pruperty waa uiiavuldable and In nu way the fault of ths peraon reaponslble for the saiDS. in all othar oaaas tbe value of tbe (troperly laat ar dsatroyad la the
41. .XOTHRS
amotmt Mtarmlnad by a •urraylnc or a board aa h.erain provided ahall be charged agalnrt the peraon at faolt or with tha concurrence of Ita eonrtraanding officer to tne command to or for whieh it had been laaued. and if not reralved frnm ¦ueh charge hy the governor. It ahall ba an Indebl eel neaa from such person or «s»m- mand to the atate. If the commanding of¬ fleer of the organlaatlon ao charged ahall not concur In the flhding ot tha surveying officer, then the value of loat or deatroyed pnipirty and the peraon or command te be charged therewith, shall be determined by a board to combat either of an Inspec¬ lor on the Btaff of the major-general ar the rommandlhg offleer of the navaJ ml¬ lltla. or of a dialntereated officer who ahall be appointed hy the major-general or tha commanding offleer of Ihe naval ml* lltia to serve on such hoard, and Iha eotw*- mnndlng offleer of the organlaatlon In which euch properly la lost. In caae of disagreement a thlrcl officer, not helow the grade of major, shnll be appointed, by Iha major-general or llie eotiimanding officer of the naval mllltin, and a decision of o majority of the bonrd Sn constituted shsll be flnal. Where Ihe amoimt determined hy sueh l>oard as the value of lost or de¬ stroyed property Is rliarge<l to a person It shnll be de<lucted from any pay or allow- ::;,..- -lue or to become due to hlin front the state, and where It la charged lo m command It shall bo deducted one-half ta successive calendar years from any allow¬ ance or rmney dun cr In become due to tt Irom the stnte. except that on the dlaban^- ment «if a command any auoh Indebtedneaa then existing and such na may he rharged to It upon a tlyal settlement of property nceounts shall, as soon aa determined, ba psld out of Hs military funds or unex¬ pended appropriations. An action may ba maintained by tlte people of tbe state la any court having Jurisdiction thereof bjr the attorney-gcneml upon the requeet of the adjutant-general of the state to re¬ cover sny sueh Indehtedneas from a per¬ son to the state rentalning unpaid at Ilia expiration of one year from Ita determina¬ tion by a board nnder this section \ I S3. Bectlon two hundred and thirteen of said rhapter Is hereby amended to raad as follows;
I at. T'aymant of expenses of summarr courts-martial. The compensation auid neeeasnry expenses of Ihe offleer holding a Buiiiiniiry cnuit-muillal, ond of the cleric and marshal thereof, and the actual ex¬ penses of the court for the time engaged In the trial of enlisted men. and the neces¬ sary buainess connected therewith, shall be paid by the command to whose military fund fines collected from auch enlisted men are paid, from the military fund of such coinninnd. In the same manner aa other accounts nre paid frnm auch fund.
I 34. The enumeration of articles and their titles in suid chapter at tta com¬ mencement Is hereby amended by Insert- •' Ing "I A. Military' and disciplinary train¬ ing. (§5 28-29-d)" Immediately after "Ar¬ ticle I. The mllltla of the atate. (§8 1-22)". I 35. The enumeration of aectlona and their running tliiee In article one of said chapter in hereby amended to read as fol¬ lows:
Article 1. .
The Mllltla of the State. Section 1. Persons subject to mllltla 8uty;
exemptinns, 2. Rnrnllnient, 8. Notice of enrollment; exemption
daiius, 4. Kxamlnutlon of asBesaineril-rolls
and po|l-li!>ts, t. Designaliuii and division of the
nillilla.
6. Commander-in-chief.
7. Slaff of tile governor.
8. Power of the {•overncir in case
of invasion.
9. DraflH of volunteers from tha « iiiilitla.
"' 10, Drafts,
11. I'unlshment for failure to ap¬
pear.
12. Organization of reserve militia
when ordered 01)1.
13. Proclamation of slato of Insur¬
rection.
14. "When articles of war of the
United States fo be in force.
15. Relief from civil "and criminal
liability; security for costs.
16. Mllltla council.
17. The adjutunl-general of the
slate. 1,S. Contingent fund. 19. The adjutant-general of the state, bis pay, assistants and employeos. ao. Bureau of records of the war of the rebellion; completion and preservation of the records and relics; free inspection of tlie same and quarters tn the capital. H. Armory commissions. 2i Legal adviser iif the command-
er-in-dilef. itt. Audit and jKiyment of accounts. { 3C. The 1 itle of article two of said chap- tor and the enuniorution of sections and their running titles In suid articla aro horeby amended lo read aa follows: Arficlo II. The National Guard. Boolion ,'iO. (¦omposilion and atrength. 31. Ilivislon nnd brigades. 3UpAides.
;t:i. Colored regiment of infantry. 5 :!7. The enumeration of sections and their ruiijiing tilles in article four of aald chapter is hereby annended lo read us fol¬ lows:
Article IV. Commissioned Officers of the National
Guard. Section 70. CommIssioiiB.
71. Eligibility required to receive a
commimion in the national guard.
72. Examinations
73. Kxamining boarda.
74. Appointed offlcers and non-com-
inissluned officers of the na¬ tional guard.
76. Oath of oflice.
7ii. Brevet cunimiaslons.
77. National guard reserve.
78. nesignutioii.
79. Itetircment and discharge.
80. Examination and discharge ot
offlcers. .
81. r>ismlssal. 82 Removal.
{ 38. The enuirieration of sectlona and their running title in article flve of aaid :h!ip(or is hereby amended to read as foi- •owb:
Article V. Knllsted Men of the National Guard. ^dluiiftr.. Knllstnient*. ,J
9e. Kniistnicipl papers. ¦ '%
97. Tranafors. • *'
tl8. Non - oommlssloned staff and chief petty officers: non-com¬ mlssloncd and petty offleera. 99. Dropping from the rolla.
100. Reaerve duty to active, duty.
101. Discharge. Vii. War aervice.
I $$. The enumeration uf aectlona and ht^- their running tlllea In article aeven of ^
said chapter Is hereby amended to rsad aa fuliows:
Article VIL Military CourU • '^
Bactlon 130. Military court*
181. Courts of Inquiry.
182. Oeneral courts martial. ' 188. Special courts martial.
184. Summary courts martlaL *'
186. B«iitanoes to conflnement. 18K. Hentencea of dtamlasal.
187. Warrants, aubpoenaA attAoh-
manta- 181. Form aad mandate, exeotttlen
ty publlo afllcara. Ml. Paiyiuent »(¦ tmmt aod dlapoal'*
tluti tbareaC, Ut. Marahalb: appolntmaM^ boa*» ^
and dutlaa. "
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Freeport Memorial Library-Nassau Post
