am'd 1901

6.314

making a false oath as to any statement contained in such enlistment paper shall upon conviction be deemed guilty of perjury.

8 74. Transfers.-Enlisted men may be transferred upon their own application in the same regiment or battalion or squadron not part of a regiment, from one company, troop or division to another, by the commanding officer of such regiment, battalion or squadron; from one regiment, battalion or squadron not part of a regiment, signal corps separate troop, battery, separate company or division to another in the same brigade, by the commanding officer of the brigade, in the naval militia by its commanding officer; from one brigade to another, by the commanding officer of the national guard; from the naval militia to the national guard and vice-versa, by the governor. Noncommissioned and petty officers must be returned to the ranks before they can be transferred.

§ 75. Noncommissioned staff and chief petty officers; noncommissioned and petty officers.-Commanding officers of regi ments and of battalions and squadrons not part of regiments, shall appoint and warrant the noncommissioned staff and chief petty officers of their respective regiments, battalions or squadrons, and they shall, in their discretion, warrant the noncommissioned and petty officers of the troops, batteries, companies and divisions of their respective regiments, battalions and squadrons, from the members thereof, upon the written nomination of the commanding officers of the troops, batteries, companies and divisions respectively. In troops, batteries and companies, not part of a regiment, battalion or squadron, and in signal corps, the noncommissioned officers shall be warranted by the commanding officer of the brigade, in his discretion, from the members thereof, upon the written nomination of the commanding officer of the troop, battery, company or signal corps. Petty officers of separate divisions shall be warranted in like manner by the commanding officer of the naval militia. No enlisted man shall be warranted as a noncommissioned officer unless he shall have passed a satisfactory examination before a board of examiners to be appointed by the officer authorized to issue such warrant. To be eligible for appointment as hospital steward, a candidate must be a registered pharmacist. The officer warranting a non-commissioned or petty officer shall have power to reduce to the ranks for good and suf

ficient reasons, the non-commissioned or petty officers named in this section; but such as were enlisted as non-commissioned or petty officers shall be discharged. Non-commissioned or petty officers who shall be dropped vacate their positions. (As amended by chap. 746 of 1900.)

§ 76. Dropping from the rolls.-An enlisted man, who shall remove his residence to such distance from the armory of his organization as to render it impracticable for him to perform his duties properly, or who, after due diligence, cannot be found, or who shall be convicted of a felony, or who shall be expelled from his organization in accordance with by-laws lawfully adopted, may be dropped from the rolls of his company, division, battery, troop or signal corps by order of the commanding officer of the brigade, regiment, battalion or squadron not part of a regiment, or if of a separate division, by order of the commanding officer of the naval militia.

877. Taking up from dropped.-An enlisted man dropped by reason of removal may be taken up at any time within three years after such removal, in his former or any other organization, obtaining in the latter case first the written permission of his former commanding officer approved by the officer upon whose order he was dropped. An enlisted man dropped for removal may be taken up at any time after three years after such removal, upon his own application, approved by the officer upon whose order he was dropped. The taking up shall be done under the orders of any officer who is authorized to order the dropping of men; and men thus taken up shall receive credit for the time served before having been dropped.

§ 78. Retirement.-The governor may appoint enlisted men and commission them without examination, second lieutenants or ensigns by brevet, upon the recommendation of their respective commanding officers, and place them upon the retired list at the same time, provided they have well and faithfully served the state in the national guard or naval militia, or in both combined, for a period of twenty-five years.

879. Discharges.-An enlisted man who has not returned all the public property for which he is responsible, shall, under no circumstances, receive a full and honorable discharge. A discharge or honorable discharge at the discretion of the officer discharging him, shall be granted to the following: a non-commissioned staff

or chief petty officer, a non-commissioned or petty officer, who had he not been enlisted as such, would be reduced to the ranks; an enlisted man at his own request, provided he assign sufficient and valid reason for such request; an enlisted man who by reason of disability is no longer able to perform his military or naval duties properly; an enlisted man who by the reduction of his regiment, battalion or squadron has become surplus, or whose signal corps, troop, battery, company or division shall be disbanded, provided he is not entitled at the time to a full and honorable discharge; an enlisted man who has served the time for which he enlisted or re-enlisted and is not entitled to a full and honorable discharge. A full and honorable discharge shall be granted to the following: An enlisted man who shall have performed in each year at least sixty per centum of the duty his signal corps, troop, battery, company, division, squadron or battalion not part of a regiment, or regiment, has been required by law and orders to perform during his term of enlistment or re-enlistment, or during his total service in case the same has been extended beyond the term for which he enlisted. An enlisted man, who fails to perform sixty per centum of duty during any year of his service, may continue in service at the option of his commanding officer, and make up such deficiency. An enlisted man who continues in service after the expiration of his term of enlistment, or re-enlistment, shall, in case he desires a discharge, give fifteen days' notice in writing of application therefor to the officer authorized to grant the same, and such officer may in his discretion grant such discharge forthwith, or hold the same until the expiration of said fifteen days. An enlisted man shall be held for service until his discharge is granted and issued. Dishonorable discharges shall be given to the following: An enlisted man, fined by any military or naval court, who shall neglect or refuse to pay such fine within thirty days after it was imposed; an enlisted man whose immediate commander applies to have him discharged for the good of the service, after giving him ten days' notice of such application and an opportunity to be heard in defence of his conduct. The discharges mentioned above shall be granted by the commanding officer of the regiment, battalion or squadron not part of a regiment; in the case of signal corps, separate troops, batteries, separate companies and divisions by the commanding officer of the brigade to which they are attached, or by the commanding officer of the naval militia, as the case may be. Enlisted men may be

New York State Soldiers' and Sailors' Home.

S$ 42-44

possession of all property belonging to or constituting such home and may complete the buildings therein already commenced or hereafter to be erected, and keep them in readiness for occupation with any funds appropriated therefor or that may come into their hands for such purpose, and may pay any existing indebtedness of such corporation which shall be or might become a lien upon such property or any part thereof. The board may make contracts in its name, subject to the approval of the comptroller, for work and materials for the completion of the buildings on such property, the furnishing thereof and of supplies for use and consumption therein, but shall spend no money and incur no indebtedness for such purpose beyond the appropriation previously made therefor by the legislature. It may adopt rules and regulations, subject to like approval, specifying the duties of the officers of the home, the government of its inmates, fixing the terms and conditions of admission thereto and the cause and manner of expulsion therefrom. The board may require and take in its name any security by way of bond or otherwise from any person appointed or elected by it, for the faithful performance of his duties, and for truly accounting for all moneys or property received by him, for or on account of the board of trustees or in the performance of such duties.

§ 42. Admission to home. Every honorably discharged soldier or sailor who served in the army or navy of the United States during the late rebellion, who enlisted from the state of New York, or who shall have been a resident of this state for one year preceding his application for admission, and who shall need the aid or benefit of such home in consequence of physical disability or other cause within the scope of the regulations of the board, shall be entitled to admission thereto, subject to the conditions, limitations and penalties prescribed by the rules and regulations of the board.

§ 43. Transfer of inmates to state hospital.-Any soldier or sailor regularly admitted into the home found to be insane, may be transferred by an order of the president and secretary of the board of trustees and the superintendent of the home to any state hospital for the insane, there to remain at the expense of the home until legally discharged, and such expense shall be paid out of the maintenance fund of the home, at the same rate as is charged for the support of the county insane.

§ 44. Annual report.- Such board shall, annually, on or be

parade, drill and instruction at such times and places as he may appoint. When the drill or other duty of an organization is by battalion or detachments, and the whole organization drills in this manner in the course of a week, it shall be deemed one drill of the whole organization. No parade or drill of the active militia shall be ordered on any day during which any election shall be held, except in cases of riot, invasion or insurrection or imminent danger thereof.

§ 83. Smallarms practice.-To encourage marksmanship, the governor is authorized to offer annually a state decoration to those who shall excel in small arms practice; a brigade prize not exceeding one hundred dollars in value, for competition among the organizations of a brigade or of the naval militia, armed with rifle or carbine; a state prize, not exceeding three hundred dollars in value, for competition among the organizations of the national guard and naval militia, armed with rifles or carbines; and three prizes of the value of one hundred dollars, seventy-five dollars and fifty dollars, respectively, to be awarded to the three companies in each brigade having the highest general figure of merit. The governor may also in his discretion provide suitable decorations and prizes for proficiency in practice with light and heavy guns. All such prizes to be competed for under regulations prescribed by the commanding officer of the national guard or of the naval militia approved by the governor.

§ 84. Camp and field service and cruises.-The governor may cause the national guard and the naval militia, or such portion thereof as he may select, to perform at least five consecutive days' of camp, field or cruise duty in each year, under such regulations as he may prescribe, and such instructors as he shall appoint for such purpose. Cruise duty ordered for the naval militia may be required to be performed on United States vessels. The naval militia, when on such duty, shall be amenable to the laws of this state and to the laws and regulations governing the navy of the United States.

§ 85. Instruction in United States forts.-The governor may, in his discretion, order such organizations as he shall deem proper, to be stationed at such forts or other places as may be furnished by the United States government, and may be convenient for that purpose, within the state of New York, for instruction in the management of artillery for sea and lake coast de fense, under such instructors as he shall assign for that purpose.