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Art. 1

The Militia of the State.

$ 14

count 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 government of the United States navy, and the regulations prescribed for the army and navy of the United States, so far as such regulations are consistent with this chapter and the regulations issued thereunder, shall be in force and regarded as a part of this chapter until said forces shall duly be relieved from such duty

As to offenses committed when such articles of war are so in force, courts-martial shall possess, in addition to the jurisdiction and power of sentence and punishment herein vested in them, all additional jurisdiction and 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 of life shall, in any case, be inflicted except in time of actual war, invasion, or insurrection, declared by 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.

Formerly L. 1908, ch. 231, § 13. Written from L. 1898, ch. 212, 8 13. 8 14. Relief from civil and criminal liability; security for costs. Members of the militia ordered into the active service of the state by any proper authority, shall not be liable civilly or criminally, for any act or acts done by them while on duty. When an action or proceeding of any nature shall be commenced in any court by any person against any officer 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 authority or order of any such officer, or by virtue of any warrant issued by him pursuant to law, the de fendant may require the person instituting or prosecuting the action or proceeding, to file security for the payment of costs that may be awarded to the defendant therein, and the defendant in all cases may make a general denial and give the special matter

88 15, 16

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in evidence. A defendant, in whose favor a final judgment is rendered in an action or a final order is made in a special proceeding, shall recover treble costs.

Formerly L. 1908, ch. 231, § 14. Written from L. 1898, ch. 212, $ 14, as am’d by L. 1905, ch. 310, § 1, and L. 1906, ch. 104, § 1.

§ 15. Militia council. There shall be for the state a militia council composed of the major-general of the national guard, who shall be chief of the council, the commanding officer of the naval militia, the adjutant-general of the state and six officers of the national guard detailed by the governor and comprising one brigadier-general commanding a brigade and five field officers representing as equitably as practicable all arms of the service.

In the first instance one-third of the details shall be made for one year, one-third for two years and one-third 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 detailed until the expiration of three years from the completion 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 by the militia council and of which two may be already serving as detailed members of the council.

The militia council shall be advisory in its function. It shall recommend to the governor from time to time such action as it may deem advisable relating to the military law, regulations, or ganization, 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 monthly sessions in Albany, 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.

Formerly L. 1908, ch. 231, § 15. New. § 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 commission shall expire with the term for which the governor appointing him

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shall have been elected. He shall perform the duties prescribed for him in this chapter and such duties as pertain to the duties of the chiefs of staff departments.

1. He shall superintend the preparation of all returns and reports required by the United States from the state.

2. He shall keep a register of all the officers of the land and naval forces of the state, and keep in his office all records and papers required to be kept and filed therein, and make a report on or before the thirty-first day of December in each year, to the governor, including a detailed statement of all the expenditures for military and naval purposes during that year.

3. He shall, at the expense of the state, when necessary, cause the military and naval law, the general regulations of the state and articles of war of the United States, to be printed, indexed and bound in proper and compact form and 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 and issued all necessary blank. books, blanks, forms and notices required to carry into full effect the 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, arms, accoutrements, equipments and all other military 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 the property 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 can not be again used as uniforms or clothing. He shall from time to time render a just and true account of the sales made by

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him to the governor and shall espend the proceeds of the same in the purchase of other military or naval property as the governor may

direct. 6. He shall keep a just and true account of all expenses necessarily incurred, including pay of 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, transportation 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 issue such military and 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 organizations other than those belonging to the active militia, except to such portions of the reserve militia as may 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 exceeding one hundred and not exceeding five hundred dollars the adjutant-general of the state shall procure written proposals to furnish such property from at least two parties and shall pur chase such property from the lowest responsible bidder.

If such purchase shall require the expenditure of a sum exceeding five hundred dollars he shall publicly advertise, for not less than ten days, for sealed proposals for furnishing such property; such proposals shall be publicly opened by the adjutantgeneral of the state at the place, day and hour designated in such advertisement.

The adjutant-general of the state shall, if the governor approve, make contract with the lowest responsible bidder 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 interest 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, conditioned for the faithful performance of such agreement or contract. In

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case of default such bond shall be prosecuted by the attorneygeneral and all moneys recovered shall be applied by the adjutant

! general of the state to the benefit of the national guard.

All property, purchased under the authority hereby granted, shall be inspected by an inspector or an officer detailed for that purpose by the major-general or the commanding officer of the naval militia, and no payment shall be made therefor 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 insurrection, invasion, tumult, riot, breaches of the peace or imminent 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 market. He shall report such action with the reasons therefor, and a statement of the property purchased and 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 adjutant-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 statement in detail showing the disposition of all clothing, ordnance, arms, ammunition and other military or naval property on hand or issued.

10. The seal now used in the office of the adjutant-general of the state shall be the seal of his office, and shall be delivered by him to his successor in office.

11. The adjutant-general of the state shall be the auditor of all military accounts payable by the state except such as are for expenditures made by him or through his office, which shall be audited by the comptroller. Copies of all orders and contracts

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