§§ 222, 223 Pay and Allowances. Art. 10 § 222. Pension examiners and examining boards. The adjutant-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. Formerly L. 1908, ch. 231, § 222. Written from L. 1898, ch. 212, § 164. § 223. Pay and care when injured or disabled in service. A member of the national guard or naval militia who shall, when on duty or assembled therefor, in 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 shall without fault or neglect on his part be wounded or disabled while performing any lawfully ordered duty, which shall temporarily incapacitate him from pursuing his usual business or occupation, shall, during the period of such incapacity, receive 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 thirty 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 treat Art. 10 Pay and Allowances. § 224 ment 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 receiving the injury or of incurring or contracting the disease or disability, and pay and expenses for care and medical attendance for more than the said ninety days shall not be allowed. All 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 adjutant-general of the state, upon the application of the member claiming to be so incapacitated. Such medical examiner 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 adjutantgeneral 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 nilitary duty. In all other cases such sums shall be paid by this state, in like manner as other military accounts are paid. Formerly L. 1908, ch. 231, § 223. Written from L. 1898, ch. 212, § 165, as am'd by L. 1903, ch. 75, § 4; L. 1905, ch. 419, § 1, and L. 1906, ch. 420, § 1. § 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 determine 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 8 225 Pay and Allowances. Art. 10 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 approve, disapprove or modify the findings and decision of any medical examiner or board. Formerly L. 1908, ch. 231, § 224. Written from L. 1898, ch. 212, § 167, as added by L. 1903, ch. 75, § 5. § 225. Reports of county treasurers; bonds for military funds; funds of disbanded organizations. Each county treasurer 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 military 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 or naval or ganization, 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 disbanded military or naval organization, corps or artillery districts. 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 appro Arts. 10, 11 Privileges, Prohibitions and Penalties. §§ 226, 235 priation by a county treasurer of any money belonging to the military fund of a military or naval organization, corps or artillery district to any other use or purpose different from that authorized by this chapter, shall constitute the crime of larceny and be punished accordingly. Formerly L. 1908, ch. 231, § 225. Written from L. 1898, ch. 212, § 166. § 226. Interest on military funds in the hands of the chamberlain of the city of New York or the several county treasurers 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. Formerly L. 1908, ch. 231, § 226. Written from L. 1898, ch. 212, § 167, as added by L. 1903, ch. 271, § 1, and renumbered § 168, and am'd by L. 1904, ch. 310, § 1. ARTICLE 11 Privileges, Prohibitions 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; unlawful wearing of uniforms and devices indicating rank. 240. Trespassers and disturbers to be placed in arrest; liquor and huckster sales prohibited. 241. Military parades by unauthorized bodies prohibited. 242. Separate companies and separate divisions. 243. Amendatory and repealing statutes. No person be § 235. Exemption from civil process. longing 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. Formerly L. 1908, ch. 231, § 235. Written from L. 1898, ch. 212, § 171. $§ 236-239 Privileges, Prohibitions and Penalties. Art. 11 § 236. Right of way. The commanding officer of any portion of the active militia parading or performing any military duty in any street or highway, may require any or all persons 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 attempt so to do, shall be guilty of a misdemeanor. Written from L. 1898, ch. 212, Formerly L. 1908, ch. 231, § 236. § 172, as am'd by L. 1901, ch. 314, § 12. § 237. Free passage through toll-gates. Any person belonging 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 conveyance and the military 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. Formerly L. 1908, ch. 231, § 237. Written from L. 1898, ch. 212, § 173. § 238. Exemption from jury duty. Every member of the active militia shall be exempt from all jury duty, provided 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 juryman or during the period of his service if less than one year. And every such member who shall have received a full and honorable discharge, shall be exempt forever after from all jury duty. The words "all jury duty" as used in this section shall include coroners' juries. Formerly L. 1908, ch. 231, § 238. Written from L. 1898, ch. 212, 8174. § 239. Unlawful conversion of military property; unlawful wearing of uniforms and devices indicating rank. Any person 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, |