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Commanding officer to appoint some suit
able person of armory.
to take care
tion of same.
Commandant of company may appoint a
cretion, with the approval of the inspector-general, may rent or erect a room or building, to be used for the purpose of such armory, and the amount of rent thereof, provided the same shall not exceed the sum of two hundred and fifty dollars for each company, in the several cities of this State, and one hundred and fifty dollars for companies not located in cities, shall be a county charge, and shall be paid by such supervisors, and levied and raised as herein before provided.
§ 126. The commanding officer of each regiment or battalion, shall appoint a suitable person to take charge of the armory, armories, or place of deposit of his regiment, or of the several companies in his regiment, and all arms, equipments, and other property of the State therein deposited, and to discharge all duties connected therewith, as shall be from time to time prescribed by the commanding officer.
§ 127. Such person so appointed, shall receive a compensation of one dollar and fifty cents per day, for the time actually employed in cleaning guns, and other duties indispensably necessary for the safe keeping and preservation of such property committed to his charge, which shall be a county charge upon the county in which said armory is situated, and audited and paid in the same manner as other county charges.
138. For the purpose of warning the non-commissioned officers, musicians and privates to any suitable per- parade, encampment or place of rendezvous, the
son, a warning officer.
Warning, how made.
commandant of each company may appoint a suitable person, a warning officer, who shall be compensated from the funds of the company, and the commandant of each company shall issue his orders under his hand, to his warning officer or to his noncommissioned officers, requiring them to warn all the non-commissioned officers, musicians and privates of his company to appear at such parade, encampment or place of rendezvous, armed and equipped according to law and regulation.
139. Each non-commissioned or warning officer, to whom such order shall be directed, shall warn
every person whom he shall be therein required to waru, by reading the orders, or stating the substance thereof in the hearing of such person; or in case of his absence by leaving a notice thereof at his usual place of abode or business, with some person of suitable age and discretion, or by sending the same to him by mail, directed to him at the post-office nearest his place of residence. $140. Such non-commissioned or warning officer ofcer to shall make a return to his commandant, in which he tur shall state the names of all persons by him warned, and the manner of warning them respectively, and shall make oath to the truth of such return, which oath shall be administered by the commandant, and certified by him on the warrant or return.
142. The return of such non-commissioned or Returns to warning officer, so sworn to and certified, shall be as as evidence. good evidence, on the trial of any person returned as a delinquent, of the facts therein stated, as if such officer had testified to the same before the courtmartial on such trial.
Term of ser
vice in na
$146. Every non-commissioned officer, musician or private of the national guard of this State, shall be holden to do duty therein for the term of seven years from his enlistment, unless disability after enlistment shall incapacitate him to perform such duty, or he shall be regularly discharged by the commandant of his regiment; all general and staff officers, all field officers, all commissioned and noncommissioned officers, musicians and privates of the organized national guard of this State, shall be Exemp exempt from jury duty during the time they shall ton. perform military duty, and shall be entitled to a deduction in the assessment of their real and perSoual property, to the amount of five hundred dollars each, except cavalrymen, artillerymen and mounted officers, who shall be entitled to a deduction of one thousand dollars on all classes of taxes. And every person who shall have so served seven years, and shall have been honorably discharged as required by this section, shall forever after, as long as he remains a citizen of this State, be exempt from jury duty. No non-commissioned officer, musician or private, in
the national guard shall be discharged from service, except for physical disability or expiration of term Discharges of service. Discharges for physical disability shall be given only upon the certificate of the regimental surgeon; and no member of any company shall be discharged from service except upon the certificate of the commanding officer of his company, that such member has turned over or satisfactorily accounted for all property issued to and charged to him. Commanding officers of regiments shall make returns through intermediate officers, to the adjutant-general, on the first day of January and July in each year, of all discharges granted by them during the previous six months, giving names and grades of the persons so discharged, and the causes for which discharged.
Fine for non-appearance at
Commander-in-chief to appoint brigadier
§ 218. Subdivision 1. Every non-commissioned officer, musician and private, for non-appearance, when duly warned or summoned, at a company parade, a fine of two dollars for each day; at a regiment or battalion parade or encampment, not less than three or more than six dollars for each day; and at a place of rendezvous, when called into actual service, a sum not exceeding twelve months' pay, nor less than one months' pay.
S2. The commander-in-chief shall appoint and commission brigadier-generals of brigades in the generals ex- several divisions of the State, except the first and second, whenever vacancies exist, or whenever they may occur.
cept in first
Staff of divisions, brigades and regiments.
$3. The staffs of divisions, brigades and regiments, shall be constituted and appointed as follows: to each division, an assistant adjutant-general, with the rank of colonel, to be chief of staff; a division inspector, with the rank of colonel; a division engineer, with the rank of colonel; a division judge advocate, with the rank of colonel; a division surgeon, with the rank of colonel; an ordnance officer, with the rank of lieutenant-colonel; a quartermaster with the rank of lieutenant-colonel: a commissary of subsistence, with the rank of lieutenant-colonel; two aids-de-camp, with the rank of major; and one aid-de-camp, with the rank of captain; all of whom
shall be commissioned by the commander-in-chief, upon appointment by the major-general commanding the division. To each brigade, an assistant adjutantgeneral, with the rank of major, to be chief of staff; an inspector, with the rank of major; an engineer, with the rank of major; a judge advocate, with the rank of major; a surgeon, with the rank of major, an ordnance officer, with the rank of captain, a quartermaster, with the rank of captain; a commissary of subsistence, with the rank of captain; one aid-de-camp, with the rank of captain, and one aid-de-camp, with the rank of first lieutenant, all of whom shall be commissioned by the commanderin-chief, upon election or the appointment of the brigadier-general commanding the brigade. To each regiment, an adjutant with the rank of first lieutenant; a quartermaster, with the rank of first lieutenant; a commissary of subsistence, with the rank of first lieutenant; a surgeon, with the rank of major; an assistant surgeon, with the rank of first lieutenant, and a chaplain, with the rank of captain, all of whom shall be commissioned by the commander-inchief, upon the recommendation of the colonel commanding the regiment; but regimental staff officers shall not be allowed to vote at any election of field officers.
rules in re
gard to dis-
Pay of judge and memmartial.
bers of court
4. The commander-in-chief shall be empowered commandto prescribe and enforce such rules and regulations to prescribe in regard to the disbursement and accounting for the regimental funds of the several regiments, as may by him be deemed necessary to secure a proper disposition of, and accountability for, such funds. § 5. Division, brigade and special judge advocates and presidents, and members of any court of inquiry or court-martial for the trial of officers, shall receive for such duty a sum equal to one day's pay for field duty, for each day he may be actually employed in said court, or engaged in the business thereof, or in traveling to and from the court, allowing thirty miles for a day's travel, the same to be paid upon the approval of the judge-advocate-general, in the same manner as other military accounts.
Inspectors of divisions and brigades.
to remit to comptroller
$6. Division and brigade inspectors are hereby classified as belonging to the department of the inspector-general, and all reports heretofore required to be made to the adjutant-general shall be made to the inspector-general.
$7. The county treasurers of the several counties shall, on or before the first day of June, 1867, remit Amount of to the Comptroller of the State, all moneys which may have been received in any year by them or their predecessors, to the credit of the militia fund, from the members of the reserve militia of the national guard, on account of fines, for not parading, in requirement of section thirteen, military code, or on account of any sums paid for exemption from the service demanded under said section. And any sum or sums of money received from the sources above mentioned, shall be applied to military purposes, the same as other military funds are applied and paid.
8. Such sections and parts of the military code as are inconsistent, or conflict with this act, are hereby repealed.
$9. This act shall take effect immediately.
AN ACT to provide for the effectual and thorough drainage of certain lowlands situated in the town of Barre, Orleans county.
Passed April 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:
SECTION 1. Charles S. Allen and Loren Grinnell, residents and freeholders of the town of Barre, in Orleans county, and not interested in the lands hereinafter mentioned, are hereby appointed commissioners for draining certain lowlands situated in the said town of Barre, and shall hold their office for three years, or until successors are appointed; and shall, before entering upon the duties of their office, take and subscribe the constitutional oath of office before the county judge of Orleans county.