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CHAPTER X.

OF THE MILITIA, AND THE PUBLIC DEFENCE.

(285-3361

TITLE 1.-OF THE PERSONS SUBJECT TO MILITARY DUTY.
TITLE II.—OF THE ELECTION AND APPOINTMENT OF MILITIA OFFICERS,

AND THE TENURE OF THEIR OFFICES.
TITLE III.-OF THE ENROLMENT OF PERSONS SUBJECT TO MILITARY

DUTY.
TITLE IV.-OF THE ORGANIZATION, UNIFORM AND DISCIPLINE OF THE

MILITIA.
TITLE V.—OF THE SEVERAL PARADES AND RENDEZVOUS OF THE MILITIA.
TITLE VI.–OF COURTS OF ENQUIRY, AND COURTS-MARTIAL.
TITLE VII.-OF PENALTIES, FINES, FEES AND EXPENDITURES.
TITLE VIII.—OF THE DUTIES OF CERTAIN STAFF OFFICERS, AND OF VARIOUS

MATTERS CONNECTED WITH THEIR RESPECTIVE DEPART

MENTS.
TITLE IX.-MISCELLANEOUS PROVISIONS OF A GENERAL NATURE.
TITLE X.-SPECIAL PROVISIONS.

[This chapter is omitted. It has never been repealed by name, but several subsequent acts have been passed, making different provision for the subjects of this chapter, and repealing all laws “inconsistent with " them. See L. 1854, ch. 398 ; 1855, ch. 261 and ch. 536 ; 1858, ch, 129 and ch. 343; 1862, ch. 477 ; 1870, ch. 80, § 268 ; 1883, ch 299, § 148.]

[Supplement to Chapter X. TITLE 104.—The Military Code of the state, and other provi

sions relating to the national guard. TITLE 10%.Of the bureau of records of the war of the rebellion, .

and the state repository for relics and memorials of that war.]

TITLE 104.

The Military Code of the State, and other provisions relating to the National Guard. L. 1883, Chap. 299 - An act to provide for the enrolment of the militia, for the organization of the national guard of the state of New York, and for the public defence; and entitled the Military Code.

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1.–PERSONS SUBJECT TO MILITARY DUTY.
II.-ENROLMENT OF PERSONS LIABLE TO MILITARY DUTY.
III.- ORGANIZATION OF THE NATIONAL GUARD OF THE STATE

OF NEW YORK.
IV.-STAFF DEPARTMENTS AND DUTIES.
V.-ELECTION AND APPOINTMENT OF COMMISSIONED AND

NON-COMMISSIONED OFFICERS.
VI.—ENLISTMENT AND TRANSFER.
VII.-DISCHARGES OF COMMISSIONED OFFICERS AND ENLISTED

MEN.

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ARTICLE VIII.-ARMS, UNIFORMS AND EQUIPMENTS.
ARTICLE IX.-ARMORIES.
ARTICLE X.-MILITARY DUTY REQUIRED.
ARTICLE XI.-INVASION, INSURRECTION AND BREACHES OF THE PEACE.
ARTICLE XII.-RIFLE PRACTICE.
ARTICLE XIII.-PAY AND ALLOWANCES.
ARTICLE XIV.-MILITARY COURTS.
ARTICLE XV.-GENERAL PROVISIONS.

ARTICLE I.

PERSONS SUBJECT TO MILITARY DUTY.

Persons subject to or exempt from military duty. SECTION 1. All able-bodied male citizens and males of foreign birth who shall have declared their intention to become citizens, between the ages of eighteen and forty-five years, residing in this state, and not exempted by the laws of the United States, shall be subject to military duty, excepting:

1. Persons exempted by any statute of this state.

2. All persons in the army or navy or volunteer force of the United States, and those who have been honorably discharged therefrom.

3. The members of any regularly organized fire and police department in any city, village or town, and also those who are exempt firemen by reason of having served their full term in any fire company. But no member of the national guard shall be relieved from duty in the national guard by reason of his joining any such fire company or department.

4. All persons who have served, in any capacity, in the national guard of this state, or in any one of the United States, for the term of five years, and in the case of enlisted men, for the full term of their enlistment, provided they have served at least five years, and been honorably discharged.

5. Justices and clerks of courts of records; registers of deeds and sheriffs ; ministers of the gospel; practicing physicians; superintendents, officers and assistants of hospitals, prisons and jails; light-house keepers; conductors and engineers of railways; seamen actually employed as such.

6. Idiots, lunatics, paupers, vagabonds, habitual drunkards and persons convicted of infamous crimes.

35 Hun, 572; 55 N. Y., 31, 34; 55 How. Pr. R., 448, 478.

Liability in case of war, invasion, etc. 82. The aforesaid exempted persons, except those enumerated in subdivision six of section one, shall be liable to military duty, in case of war, insurrection or invasion, or imminent danger thereof.

ARTICLE II.

ENROLMENT OF PERSONS LIABLE TO MILITARY DUTY. Enrolment, when and how to be made. § 3. Whenever the commander-in-chief deems it necessary he may order an enrolment of all persons, other than members of the national guard, liable to military duty, to be made by persons by him designated. Such enrolment shall state the name, residence, age and occupation of the person enrolled. Four copies of such enrolment shall be made, one to be retained by the enrolling officer, one to be filed in the office of the town or city clerk in which the enrolled persons reside, one to be filed in the office of the county clerk in which county the enrolment is made, and one to be filed in the adjutantgeneral's office.

Notice of enrolment; claim to exemption ; list of members of national guard, fire and police departments ; penalty for fraud, etc. § 4. The officer making the enrolment shall, at the time of making the same, serve a notice of such enrolment upon each person enrolled by delivering such notice to him or leaving it with some person of suitable age and discretion, at his place of residence. All persons claiming exemption must, within fifteen days after receiving such notice, file a written statement of such exemption, verified by affidavit, in the office of the county, town or city clerk. Such clerk shall thereupon, if such person be exempt according to law, mark the word "exempt” opposite his name; and the remainder of all thus enrolled, and not thus found to be exempt, shall constitute the reserve militia of the state, and such clerk shall transmit a copy of such corrected roll to the adjutantgeneral. To the end that the members of the national guard and of regularly organized fire companies or departments and of the police force shall not be thus enrolled, the commanding officer highest in rank in the national guard and of the fire and police departments in each city or town shall, whenever an enrolment is ordered, file in the office of such county, town or city clerk a certified list of the names of all persons in his command. It shall be a misdemeanor for such clerk falsely to mark any person “exempt" whom he knows not to be so. Any person making a false affidavit, or procuring one to be made, for the purpose of fraudulently securing exemption from military service, shall be deemed guilty of perjury.

Enrolling officers to examine assessment-rolls and poll-lists. 8 5. For the purpose of preparing such enrolment, the assessors in each city, village, town or ward in. this state shall allow persons appointed for that purpose, as above provided, at all proper times, to examine their assessment-rolls and to take copies thereof, and the clerks of all counties, towns and cities shall in like manner, at all proper times, allow the said persons to examine and copy the poll-lists on file in their offices.

All persons to give information; penalties for refusing; false statements, etc. $ 6. All persons shall, upon the application of any person authorized to make such enrolment, give inforınation of the names of all persons within their knowledge liable to be enrolled, and all other proper information concerning such persons as such authorized person may demand, under penalty of ten dollars for every concealment or false information, or refusal to give the information requested to be recovered in the name of the people in any court with costs. The officer making the enrolment shall, within ten days, report all such persons who shall fail or neglect to give such information to the commander of the division district in which they reside.

ARTICLE III.

ORGANIZATION OF THE NATIONAL GUARD OF THE STATE OF NEW YORK.

National guard how composed; its strength and how divided; power of commander-inchief to alter, etc. ; strength in time of peace, war, etc. 87. The uniformed militia of the state shall constitute and be known as the national guard of the state of New York, and shall consist of the present uniformed force, and such persons as shall enlist or be appointed or commissioned therein; the present organizations, namely: the present brigades, regiments, battalions, troops, batteries and companies shall remain as now established, but the commander-in-chief shall have power to alter, divide, annex, consolidate, disband or reorganize the same, and create new organizations, whenever in his judgment the efficiency of the state forces will be thereby increased ; and he shall, at any time, have power to change the organization of regiments, battalions, troops, batteries or companies, so as to conform more nearly to any organization that may hereafter be adopted for the United States army, and for that purpose the number of officers of any grade in regiments, battalions, troops, batteries or companies, may be increased at the discretion of the commander-in-chief up to the number authorized for the United States army; provided that the aggregate force of the national guard in time of peace, fully armed, uniformed and equipped, shall be not less than ten and not over fifteen thousand enlisted men; but the commander-in-chief shall have power in case of war, insurrection, invasion or imminent danger thereof, to increase the force beyond the said fifteen thousand, and organize the same as the exigencies of the service may require. [Thus amended by L. 1888, ch. 332.]

Discipline and exercise. § 8. The system of discipline and exercise of the national guard shall conform generally to that of the army of the United States, as it now is or may hereafter be prescribed by congress, and to the provisions of the laws of the United States, except as otherwise provided in this act.

Governor to appoint officers until organized; general officers. § 9. The governor, as comniander-in-chief of the national guard and of the militia, is authorized and empowered to appoint the officers in the first instance necessary to commence or complete any organization created under this act, but not sufficiently organized for an election. To each division there shall be one major-general, and to each brigade, one brigadier-general, whose staffs shall be as provided hereinafter.

Composition of a regiment of infantry. 10. Each regiment of infantry shall consist of not less than eight nor more than twelve companies: one colonel, one lieutenant-colonel, one major, and a regimental staff to consist of one adjutant, one quartermaster, one commissary of subsistence each with the rank of first lieutenant, one inspector of rifle practice with the rank of captain, one surgeon with the rank of major, one assistant surgeon with the rank of captain, one chaplain with the rank of captain who shall be a regularly ordained minister of some religious denomination, one sergeant major, one quartermaster sergeant, one commissary sergeant, one ordnance sergeant, one hospital steward, one band leader or trumpeter, one drum major, two color bearers and two general guides each with the rank of sergeant. In case of a regiment of twelve companies, the commanderin-chief may authorize two additional majors, but should the regiment be reduced to ten companies, by disbandment or otherwise, the commander-in-chief shall place on the list of supernumerary officers the two majors junior in rank. [Thus amended by L. 1888, ch. 332, superseding L. 1884, ch. 323.]

Id. of a battalion; reduction of regiment to a battalion. S 11. Each battalion shall consist of not more than six nor less than four companies, one lieutenant-colonel, one major, and a battalion staff of one adjutant, one quartermaster, one assistant surgeon, and one inspector of rifle practice, each with the rank of first lieutenant; and the same non-commissioned staff as provided for a regiment; and whenever any regiment shall fall below the number of eight companies it may be reorganized as a battalion, and the commander-in-chief may, in his discretion, retain in command the field officers of the regiment so reduced to a battalion.

Company and battery organizations ; assistant surgeon in certain cases. $ 12. To each company there shall be one captain, one first lieutenant and one second lieutenant, one first sergeant, one quartermaster sergeant (one guidon sergeant, if a troop of cavalry), four sergeants, eight corporals, two musicians, and thirty-one privates as a minimum, and eighty-four privates as a maximum. To each battery of four guns there shall be one captain, two first lieutenants, two second lieutenants, one first sergeant, one quartermaster sergeant, one veterinary sergeant, one guidon sergeant, four sergeants, eight corporals, four artificers, two trumpeters, and forty-eight privates as a minimum, and ninety-three privates as a maxi

To a Gatling battery there shall be one captain, one first lieutenant, two second lieutenants, one first sergeant, one quartermaster sergeant, one veterinary sergeant, one guidon sergeant, four sergeants, eight corporals, four artificers, two trumpeters, and thirty-two privates as a minimum, and eighty-four privates as a

To any troop, battery or separate company the commander-in-chief may appoint and commission an assistant-surgeon with the rank of first lieutenant upon the recommendation of the commander of the division or brigade to which such troop, battery or company is attached. [Thus amended by L. 1886, ch. 412.]

On consolidation, etc., discharged men allowed time. § 13. Whenever any organization shall be consolidated or disbanded the enlisted men thereof who may be discharged by reason of such consolidation or disbandment, and who shall thereafter re-enter the service, shall have allowed to them, as part of their terms of service, the time already served. [Thus amended by L. 1888, ch. 332.]

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