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Privileges, Prohibitions and Penalties.
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 section two hundred and forty-one of this chapter, members of associations wholly composed of soldiers 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 recovered by any action or proceeding under this section shall be paid to the adjutantgeneral of the state who shall apply the same to the use of the active militia.
Formerly L. 1908, ch. 231, § 239. Written from L. 1898, ch. 212,
175. $ 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 continuance thereof any person who shall trespass upon the 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 holding of huckster or auction sales, and all gambling within the limits of the post, camp ground, place of encampment, parade or drill under his command 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.
Formerly L. 1908, ch. 231, § 240. Written from L. 1898, ch. 212,
Privileges, Prohibitions and Penalties.
§ 241. Military parades by unauthorized bodies prohibited. No 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 fire arms on Decoration day, or on May first, known as Dewey day, or upon the reception 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 institutions where military science is a prescribed part of the course of instruction may, with the consent of the governor, drill and parade with firearms in public under the superintendence of their teachers. 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 guard or naval militia of any other state. The independent military organizations mentioned in this section, not regularly organized as organizations of the national guard, are hereby made subject to the or ders 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 report, 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 organizations 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
Arts. 11, 12
$$ 242, 243
a part of the national guard of the state. Any person violating any provision of this section shall be deemed guilty of a misdemeanor.
Formerly L. 1908, ch. 231, § 241. Written from L. 1898, ch. 212, § 177, as am'd by L. 1905, ch. 694, § 1. § 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 hundred 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 hereafter 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.
Formerly L. 1908, ch. 231, § 242. Written from L. 1898, ch. 212, $ 178, as added by L. 1901, ch. 314, § 13. § 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 repeals, alters or amends the same or some part thereof.
Formerly L. 1908, ch. 231, § 243. Written from L. 1898, ch. 212, $ 179, as added by L. 1901, ch. 314, § 13.
251. Duties by title of office.
navy. 257. Organizations not attached to brigade. 258. Laws repealed. 259. Name of this chapter. 260. When to take effect.
$ 250. Joint service on land. When the national guard and naval militia are on duty together at the same time, the commanding officer of the national guard shall have command of the whole force.
Formerly L. 1908, ch. 231, $ 250. Written from L. 1898, ch. 212, § 182. 8 251. 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.
Formerly L, 1908, ch. 231, § 251. Written from L. 1898, ch. 212, § 183. $ 252. Formation of associations; by-laws. The offi
of any regiment or battalion or squadron not a part of a regiment, the officers of the corps of engineers serving with the engineer 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 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 adopt by-laws, rules and regulations 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 association shall furnish proper security for the faithful performance of his duties; that all funds of the association shall be kept in a bank of deposit in a separate account in the name of the association; that checks upon buch funds shall be signed both by the treasurer and the commanding officer of such association; and that the books and ac counts of such association shall at all times be open to the inspec tion 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 are not inconsistent with the limitations herein set forth, and when approved by the majorgeneral 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 necessary, provided, however, that the essential provisions hereinabove set forth shall in no case 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 bylaws that do not contain the essential requirements hereinabove set forth, shall adopt revised by-laws containing such requirements and submit the same for approval to their respective commanding officers as above set forth.
Formerly L. 1908, ch. 231, § 252. Written from L. 1898, ch. 212, § 184, as am'd by L. 1901, ch. 314, $ 14, and L. 1906, ch. 16, $ 1. 8 253. 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.
Formerly L. 1908, ch. 231, $ 253. New. $ 254. Violation of by-laws; expulsion. For violation of by-laws, rules and regulations of associations organized pursuant 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 organization, 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 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.
Formerly L. 1908, ch. 231, § 254. Written from L. 1898, ch. 212, § 185. $ 255. Rules and regulations. The governor is hereby authorized to make such rules and regulations as he may deem expedient, but such rules and regulations shall conform to this chap