chief orders a draft from the militia for public service, it is made thus: 1. When the draft required to be made is for a number equal to one or more companies in each brigade of the National Guard, it is made by company, determined by lot, drawn by the commandant of brigade, in the presence of the commanding officers of the regiments and battalions composing said brigade, from the military forces of the state in his brigade, organised, uniformed, armed, and equipped, according to the provisions of this Act. 2. In case such draft requires a number equal to one regiment or battalion, the same is determined by lot as described. 3. In case such draft requires a larger number than the whole number of men composing the National Guard force of said brigade, such additional draft is made of the requisite number to supply such deficiency from the roll of the reserve militia of each town or city, filed in the office of the county, city, or town clerk, pursuant to the provisions of this Act. Every non-commissioned officer, musician, and private of the National Guard originally enlisting, is held to duty therein for the term of five years; and in case of re-enlisting, for the term for which he re-enlists, unless disability after enlistment incapacitates him to perform such duty, and he is regularly discharged in consequence thereof by the commandant of his regiment, battalion, separate troop, battery, or company: provided, however, that every such noncommissioned officer, musician, and private shall continue held to duty, and shall retain his rank and be eligible to promotion after the expiration of his term of enlistment or re-enlistment, so long as he or the commandant of his troop, battery, or company omits to apply for his discharge as stated below; and on such application being made, his discharge shall not be granted until the expiration of three months from the date of application, except when the application is made by the commandant, in which case the discharge may be granted immediately. Every commissioned officer and every non-commissioned officer, musician, and private of the National Guard is exempt from jury duty during the time he performs military service; and every such person who has so served five or more years, and been honourably discharged, is for ever after exempt from jury duty. Except as otherwise provided, no non-commissioned officer, musician, or private of the National Guard is discharged from service except for physical disability or expiration of term of enlistment. Discharges for physical disability are granted only upon the certificate of the regimental or battalion surgeon; and in the case of a separate troop, battery, or company, of the surgeon of the division or brigade to which it is attached: always provided, however, that the commandant of each division may for sufficient reasons and in his discretion discharge enlisted men in his division at any time upon the recommendation of the commandant of the troop, battery, or company, with the approval of the commandant of the regiment or battalion and of the brigade to which they belong; and in case of a separate troop, battery, or company attached to a brigade, upon the recommendation of the commandant thereof, with the approval of the commandant of the brigade; and in the case of a regiment, separate troop, battery, or company attached to a division, upon the recommendation of the commandant thereof; but no enlisted man is discharged from service unless he produces the certificate of his immediate commanding officer that he has turned over, or satisfactorily accounted for, all property issued to him. Commanding officers of divisions, brigades, regiments, and battalions, and of separate troops, batteries, or companies, make returns to the adjutant - general on the last days of March, June, September, and December in each year, of all changes in their commands during the previous three months, giving the names and grades of the persons discharged, and the cause thereof, and also of those gained by enlistment. When ever any non-commissioned officer, musician, or private of the National Guard has performed service therein for the term of five years from the date of his enlistment, or for the term for which he may have re-enlisted, properly uniformed, armed, and equipped, according to the provisions of said Act, he or the commandant of his troop, battery, or company, is entitled to apply for his discharge from the service; and upon his so applying and presenting the certificate of the commandant that he has performed such service, and has turned over or satisfactorily accounted for all property issued to him, which certificate the commandant shall give him if warranted by the facts, or upon the commandant of his troop, battery, or company so applying and certifying to such facts, the commandant of the regiment or battalion to which he belongs, or, in case of a separate regiment, battalion, troop, battery, or company, the commandant of the brigade or division to which it is attached, grants him a full discharge from the service at the expiration of three months from the date of the application; but if the application is made by the commandant of his troop, battery, or company, the discharge may be granted immediately for sufficient reason, and in his discretion, by the officer authorised to grant the same. The or commanding officer of every troop, battery, or company, on the application of any commissioned or noncommissioned officer, musician, private of his command, delivers to him a certificate stating that such person is a member of his command, and whether he is uniformed, armed, and equipped according to law, and how recently he may have performed duty in said troop, battery, or company. This certificate, when dated within six months, is deemed for all purposes presumptive evidence of the matter therein stated. The members of any division or brigade staff, and the field, staff, and company officers of any regiment or battalion, may organise themselves into an association; and such association, and each troop, battery, and company, may, by a vote of twothirds of all its members, form bylaws and regulations not inconsistent with said Act (laws of 1870, chap. 80) for the management of their internal affairs. These by-laws, rules, and regulations are binding upon all commissioned officers, non-commissioned officers, musicians, and privates, but may be altered from time to time as found necessary by the same vote. For violations of these by-laws, rules, and regulations, the non-commissioned officer, musician, or private offending may be expelled from the troop, battery, or company to which he belongs by the vote of a majority of all its members; and upon such action being confirmed in orders by the commandant of the regiment or battalion, and in case of a separate troop, battery, or company, by the commandant of the brigade or division to which it is attached, the name of such person is struck from the roll of the troop, battery, or company, his certificate of membership is surrendered and cancelled, and he ceases to be a member thereof, and his time of serIvice therein is not allowed under the provision of said Act. Whenever a member of any troop, battery, or company has moved beyond the bounds of the state, or having been absent without leave, and having been returned to court-martial, and fined by sentence thereof, and such sentence cannot be enforced for reason of inability to find such member; and such sentence having been promulgated at least three months, the commandant of the troop, battery, or company shall report the names of such members and the causes therefor to the commandant of the regiment or battalion, or of the brigade or division, as the case may be. Upon the return of this report, bearing the approval of the officer to whom it was made, such names are dropped from the company roll. Members so dropped may be taken up by the commandant of the troop, battery, or company by order of the commandant of the division, brigade, regiment, or battalion to which it is attached, upon evidence that such members have resumed their residence in the state, or have voluntarily returned to duty and paid all fines and penalties due, or have been arrested and the sentence of court - martial enforced, and in such cases their names are again entered upon the rolls. Any civil or military officer who neglects or refuses to perform any of the duties required of him by the provisions of law, forfeits and pays the sum of not less than $25 nor more than $100 for each and every offence, to be recovered in the name of the people of the State of New York; and if he wilfully neglects or refuses to perform these duties, he is deemed guilty of a misdemeanour punishable by fine and imprisonment, according to the aggravation of the offence. ment, battalion, or separate troop or battery located in such county, to prosecute such offender in any court of competent civil jurisdiction; and any penalty recovered is paid into the treasury of the county, and belongs to the military fund of the regiment, battalion, or separate troop or battery to which the offender belongs, or in which the case may have arisen. It is the duty of the general inspector of rifle practice, or his assistant, to attend the annual competition for the state prize, and as far as practicable all other general competitions in marksmanship among the National Guard, and see that these competitions are conducted with fairness and according to the prescribed regulations. He and the division and brigade commanders and inspectors of rifle practice of the commands in the district in which the rifle-range of any incorporated rifle association, except the National Rifle Association, is situated, are ex officio directors thereof. These inspectors of rifle practice are authorised to inspect such rifle-ranges at any time, and in the case of associations or organisations which have received targets, or other articles, and aid from the state, to require a report from their proper officers of their financial condition, and of the condition of the state property in their possession, and also to examine their books and vouchers. In case any range or armoury rifle-gallery is, in the opinion of the general inspector or the division inspector of rifle practice, dangerous, they are respectively authorised to prevent its being farther used until rendered safe. On the approval of the commander-in-chief, the chief of ordnance may issue to rifleis the duty of the district attorney of ranges targets and other appurtenany county within which such offender ances and military equipments for resides, upon the complaint of the the practice of the National Guard commanding officer of a brigade, regi- | thereon, in the same manner as other It ordnance stores are issued by him; and under the direction of the commander-in-chief, and with his approval, expenditures may be made from the appropriations for military purposes for services and expenses in maintaining rifle-ranges and promoting rifle practice in the National Guard. Before any targets or other appurtenances or military equipments are issued to any rifle association, or any aid given to it by the state, it shall file with the adjutant-general and the general inspector of rifle practice a certified copy of its articles of association and by-laws and other regulations, which must have the approval of the general inspector of rifle practice, to whom must be furnished annually a list of its officers. Such bonds as may be required by the commander-in-chief are given to secure the care and custody of any targets or other property issued to any rifle-range or association by the state. For the purpose of preserving the property of the state thus issued, and of preventing accidents, and for maintaining order upon such rifleranges, the officers and employees of the National Rifle Association, and other rifle associations having a rifle - range, are vested with the powers of constables when in the discharge of their duties, and wearing such badge of office as is prescribed by said associations respectively; and all persons trespassing upon these rifle-ranges, or injuring any of the targets or other property situate thereon, or wilfully violating thereon any of the regulations established to maintain order, preserve property, and prevent accidents, are guilty of a misdemeanour. The annual state division prize," not exceeding $100 in value, is offered for competition among the several regiments and battalions in each division; and a similar prize, not exceeding $500, known as the "state prize,' is offered for competition among all the regiments and battalions throughout the state. The treasurer of the National Rifle Association (whose range is at Creedmoor), and the treasurer of every other rifle association which receives aid from the state, files with the comptroller and the adjutant-general, within twenty days after the first day of January and the first day of July in each year, a detailed statement of all receipts and expenditures of such rifle associations during the previous six months, verified by such treasurer under oath; and it is the duty of the presidents of such rifle associations annually, within twenty days after the first day of November, to file with the general inspector of rifle practice a statement in detail of all the property of said associations and the condition of the same. By chap. 69 of the laws of 1845, intituled "An Act to enforce the laws and preserve order," the commander-in-chief may, on the application of any sheriff, deputy sheriff, or district attorney, or either of them, or the mayor or recorder of any city, or the commander of any uniformed company, loan to such officer, or to any military company, or to any number of citizens, or to any city, village, or town, any number of stands of arms and military equipage from any of the arsenals or military stores of this state which he deems proper, and for such time and on such terms and conditions and security as he deems proper. On the application of the sheriff, under-sheriff, or district attorney of any county of the state, with the assent of the majority of the judges of the county courts of such county, the governor may, if in his opinion it is necessary and proper, authorise such sheriff, under-sheriff, district attorney, or some deputy sheriff, to contract with and organise a guard for the protection of any jail or prison in said county, or to arrest, detain, or have in safe-keeping any prisoner or prisoners, or to enforce any process, judgment, or decree of any court; which application and authority shall be in writing, and a copy thereof filed and recorded in the office of the secretary of state. This written authority specifies the number of persons beyond which the guard shall not extend. This guard is under the command and direction of such officer or officers designated by the governor; failing whom, the sheriff, under-sheriff, or deputy, and of such officers, military or civil, as are designated by such sheriff or deputy. Whenever the sheriff of any county deems it necessary for the protection of a jail or prison, or the safe-keeping of prisoners, he may, with the assent of one of the judges of the county court, employ a temporary guard until a guard can with reasonable diligence be formed and organised as described. The county pays all expenses of these guards, &c. Whenever the governor is satisfied that the execution of civil or criminal process has been forcibly resisted in any county or counties of the state by bodies of men, or that combinations to resist the execution of such process by force exist in any such counties, and that the power of such county or counties has been exerted, and is not sufficient to enable the officer having such process to execute the same, he may, on the application of such officer, or the district attorney of such county, or of one of the judges of the county courts thereof, by proclamation, published in the state paper and in such other papers as he directs, declare such county or counties to be in a state of insurrection, and 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 as he directs, and under the command of such officer or officers as he thinks proper; and the governor may, when he thinks proper, revoke or declare that such proclamation shall cease at such time and in such manner as he directs. The expenses, and also those of the commissariat and other military departments, are audited and allowed by the comptroller, and on his warrant paid by the treasurer out of any money in the treasury not otherwise appropriated. The books, records, and other property deposited in the Bureau of Military Statistics are open to free inspection and use at all reasonable hours, but no book or article shall be taken therefrom. The objects of this bureau are, according to the Act of 1864 (chap. 51), to collect and preserve, in permanent form, the name of every person who has volunteered or been mustered into the service of the general Government since April 15, 1861, and the personal history of such person while in such service, so far as the same can be ascertained; a record of the services of the several regiments, including an account of their organisation and subsequent history; and also an account of the aid afforded by the several towns, cities, and counties of the state. Chapter 690, laws of 1865, provided that there might be organised in any county of the state an auxiliary to the Bureau of Military Statistics, to be denominated the Auxiliary Bureau of Military Statistics for the County of (naming it), for the following objects: To collect and furnish to the Bureau of Military Statistics, and to preserve in permanent form for the county, a record of the military services of those who have volunteered or been mustered in the service of the general Government from the county since the 15th day of April 1861, and a brief civil history of such person, so far as the same can |