advocate shall attend. In delinquency courts and in garrison courts-martial, the service of a judge-advocate may be dispensed with, and in garrison courts-martial a member of the court may be designated to act as its recorder. In all the courts provided by this chapter the accused shall have the right to the assistance of counsel. Any commissioned officer may be detailed as judgeadvocate of a military court. § 113. Secrecy.-The members and judge-advocates of military courts, except delinquency courts, shall keep secret the proceedings and sentence of the court until the same shall have been approved or disapproved by the proper officer, and shall always keep secret the vote and opinion of each member of the court unless required to give evidence thereof by a court of justice. 114. Approval or disapproval of sentence.-The record of the proceedings and sentence of every court-martial shall, without delay, be delivered to the officer ordering the court, or to his successor in command, who shall approve or disapprove thereof. The sentence of the court shall be published in orders as approved or modified. 8 115. Revision of proceedings; remission of punishment.— Every officer authorized to approve or disapprove the proceedings and sentence of a court-martial is authorized to reconvene the court and send back its findings and sentence, or either of them, for revision, and to remit, commute or mitigate any punishment awarded by the court. § 116. Indemnity for action of military courts.-No action or proceeding shall be prosecuted or maintained against a member of a military court or officer or person acting under its authority or reviewing its proceedings on account of the approval or imposition or execution or any sentence or the imposition or collection of a fine or penalty, or the execution of any warrant, writ, executions, process or mandate of a military court. § 117. Presumption of jurisdiction.-The jurisdiction of the courts and boards established by this chapter shall be presumed and the burden of proof shall rest on any person seeking to oust such courts or boards of jurisdiction in any action or proceeding. § 118. Naval militia. The provisions of this article shall apply to the naval militia except as otherwise provided in this section. Delinquency courts for officers shall be ordered or caused to be ordered by the governor. Delinquency courts for enlisted men shall be appointed by the commanding officer of each battal ion for his command and in case of a division not a part of a battalion by the commanding officer of the naval militia. An officer of the naval militia may be assigned to act as judgeadvocate of a general court-martial or court of inquiry. General courts-martial, courts of inquiry and delinquency courts for officers may be wholly or partly composed of officers junior in rank to the officer to be tried or investigated where in the judgment of the officer appointing the court the interests of the service so require. Boards appointed for the naval militia shall be composed of officers of such grade or rank as the officer appointing the board may determine for each occasion. ARTICLE VIII. ARMS, UNIFORMS AND EQUIPMENTS FOR THE NATIONAL GUARD AND NAVAL MILITIA. SECTION 121. Organizations. 122, Commissioned officers. 123. Enlisted men. 124. Dress uniform. 125. Responsibility for public property. § 121. Organizations. All organizations shall be provided by the state with such arms, equipments, colors, camp and garrison equipage, books of instruction and of record, and other supplies, as may be necessary for the proper performance of the duty required of them by this chapter; and each organization shall keep such property in proper repair and in good condition. § 122. Commissioned officers. Every commissioned officer shall provide himself with the arms, uniforms and equipments prescribed and approved by the governor. § 123. Enlisted men.-Every enlisted man who enters the service of the state for five years, shall be furnished by the state with a state uniform of such description as the governor shall approve; but such uniform shall not be furnished to enlisted men of organizations which at this date have not accepted the uniform provided by the state, except at their special request approved by the governor. 124. Dress uniform.-Regiments, battalions and squadrons not part of regiments, may, with the consent of the governor, adopt a dress uniform of their own and at their own expense. To against and be paid in the manner provided by this chapter, by the county in which such duty was rendered, in every case where a county is by this chapter made liable to pay for the performance of military duty. In all other cases such sums shall be paid by this state, in like manner as other military accounts are paid. § 166. Reports of county treasurer; bonds for military funds; funds of disbanded organizations.-Each county treasurer shall report on the first day of March and September of each year, to the adjutant-general, the amount of all moneys received and paid out by him on account of each regiment, battalion, squadron, troop, battery, company, division, or signal corps fund, and the balance then remaining in his hands, and the number or designation of the regiment, battalion, squadron, troop, battery, company, division or signal corps for which the same is held in trust. The bond now required by law to be given by county treasurers for the faithful discharge of their duties, shall be held to apply to any moneys that may come into their hands under the provisions of this chapter, but no fees or commissions on any such moneys shall be charged, received or retained by any county treasurer. The adjutant-general is hereby authorized and empowered to draw, use and apply to the benefit of the national guard and naval militia any and all moneys and balances remaining in the hands of the several county treasurers of the state, to the credit of any organizations of the national guard or naval militia which have been disbanded, or to pay audited bills of disbanded national guard or naval militia organizations from such funds, or from unexpended national guard or naval militia appropriations where balances remain. The several county treasurers of this state are authorized and directed to pay to the adjutant-general, upon his order, all moneys remaining in their hands to the credit of any disbanded organization of the national guard or naval militia. The certificate of the adjutant-general shall be sufficient evidence of the disbandment of any such organization. The use or appropriation by a county treasurer of any money belonging to the military fund of an organization of the active militia to any other use or purpose different from that authorized by this chapter, shall constitute the crime of larceny and be punished accordingly. 133. Expenses of erecting, improving and furnishing armories. 134. Armories in The City of New York. 135. New sites for armories in The City of New York. 136. Acquisition of sites by boards of supervisors. 137. Control of armories. 138. Armorers, janitors and engineers. 139. Laborers. 140. Compensation of employes in armories. 141. Armorers and employes for naval militia. 143. Use of armories. § 131. Supervisors to furnish armories. Whenever it shall appear by the certificate of the commanding officer of the regi ment, battalion or squadron not part of a regiment, to which any troop, battery or company, organized or existing under the provisions of this chapter, belongs, or in the case of a signal corps, separate troop, battery or company, by the certificate of the commanding officer of the brigade to which it is attached, together with the certificate of the commanding officer of the national guard that such signal corps, troop, battery, or company, has at least the minimum number of enlisted men established by this chapter, who can legally be required to perform the duties prescribed thereby, the supervisors of the county in which such signal corps, troop, battery or company is located, shall, upon the demand of the commanding officer of such signal corps, troop, battery or company, approved by the commanding officer of the squadron, battalion, regiment or brigade to which it belongs or is attached, as the case may be, erect or rent within the bounds of such county for the use of such signal corps, troop, battery or company, a suitable and convenient armory, drill room, and place of deposit for the safe keeping of the arms, equipments, accoutrements, uniforms and military property furnished under the provisions of this chapter. The suitability and convenience of such armory shall be determined by the commanding officer of the brigade to which the organization demanding such armory is attached. The erection, repairs, and alterations of all armory buildings erected or rented at the expense of a county shall be done under the direction and supervision Privileges, Prohibitions and Penalties. §§ 176-177 wearing of uniforms and devices indicating rank. Any person who shall secrete, sell, dispose of, offer for sale, purchase, retain after demand made by a commissioned officer of the national guard or naval militia, or in any manner pawn or pledge any arms, uniforms, equipments, or other military or naval property, issued under the provisions of this chapter, and any person who shall wear any uniform or any device, strap, knot or insignia of any design or character used as a designation of grade, rank or office, such as are by law or by general regulation, duly promulgated, prescribed for the use of the active militia or similar thereto; except members of the army and navy of the United States and the national guard and naval militia of this or any other state, officers of the independent military organizations so designated in section one hundred and seventy-seven of this chapter, members of associations wholly composed of soldiers honorably discharged from the service of the United States and members of the order of Sons of Veterans, shall be guilty of a misdemeanor and in addition thereto shall forfeit to the people of this state one hundred dollars for each offence, to be sued for in the name of the people by a judge-advocate. All money recovered by any action or proceeding under this section shall be paid to the adjutant-general who shall apply the same to the use of the active militia. § 176. Trespassers and disturbers to be placed in arrest ; liquors and huckster sales prohibited. The commanding officer upon any occasion of duty may place in arrest during the continuance thereof any person who shall trespass upon the camp ground, parade ground, armory or other place devoted to such. duty, or shall in any way or manner interrupt or molest the orderly discharge of duty by those under arms, or shall disturb or prevent the passage of troops going to or returning from any duty. He may prohibit and prevent the sale or use of all spirituous liquors, wine, ale or beer, the holding of huckster or auction sales, and all gambling within the limits of the post, camp ground, place of encampment, parade or drill under his command or within such limits not exceeding one mile therefrom as he may prescribe. And he may in his discretion abate as common nuisances all such sales. § 177. Military parades by unauthorized bodies prohibited. No body of men, other than the regularly organized corps of the national guard and militia and the troops of the United States |