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Commanding officer to appoint some suit

to take care of armory.

Compensation of same.

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.

5 126. The commanding officer of each regiment

or battalion, shall appoint a suitable person to take able person 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 ihe time actually employed in cleaning guns, and other duties indispensably necessary for the safe keeping and preservation of such property committed to bis 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-com

missioned officers, musicians and privates to any suitable per: parale, encampment or place of rendezvous, the

commandant of each company may appoiut a suitable person, a warning officer, who shall be compensated fiom 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

Commandant of company may appoint a ing officer.

Warning, how made.

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 Dearest bis place of residence.

$ 140. Such non-commissioned or warning officer omcer to shall make a return to his comwandant, in which he turk. shall state the names of all persons by him warned, and the manner of waruing them respectively, and shall make oath to the truth of such return, which eath shall be administered by the commandant, and eertified by him on the warrant or return.

142. Tlie 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 å delinqnent, of the facts therein stated, as if such offieer had testified to the same before the courtmartial on such trial.

5 146. Every non-commissioned officer, musician Term of seror private of the national guard of this State, shall tional be bolden to do duty therein for the term of seven

guard. years from his enlistment, unless disability after enlistment shall incapacitate him to perforin 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 perform military duty, and shall be entitled to a deduetion in the assessment of their real and personal 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 bave 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

tion.

Fine for
bon-appear
ance at
parade.

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 sball 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.

$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, pot 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, por less than one months' pay.

S 2. 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 and second second, whenever vacancies exist, or whenever they

may occur. Staff of divi- S 3. The staffs of divisions, brigades and regi

ments, 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

Commander-in-chief brigadier

divisions.

Bions, urigades and regiments.

sball 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.

3 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 card to disregimental funds of the several regiments, as may and a by bim be deemed necessary to secure a proper dis- of resta position of, and accountability for, such funds.

3 5. Division, brigade and special judge advocates Pay of Judge and presidents, and members of any court of inquiry and mem. or court-martial for the trial of officers, shall receive martial. 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.

countability

fund.

Inspectors of divisions and brigades.

County treasurers to remit to comptroller amount of moneys on hand.

$ 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 sball, on or before the first day of June, 1867, remit 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.

S 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.

Commis. sioners.

Chap 508.
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 lauds 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.

Terms of

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