USA > New York > History and honorary roll of the Twelfth Regiment, Infantry, N.G.S.N.Y. > Part 13
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. § 239. Such sheriff shall receive the body of any person who shall be brought to him by virtue of such
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warrant, and keep him until the expiration of the time mentioned in the warrant, and until the officer's and jailer's fees shall be paid, or until the offender shall be discharged by due course of law, unless sooner dis- charged by any judge of a court of record, in the same manner and under the same rules as in cases of im- prisonment under process for contempt from a court at law.
§ 240. In the absence of the president of any court- martial, the senior officer present may preside, with all the powers of the president ; and all the members of such court shall, when on duty, be in full uniform.
§ 241. The president of any court-martial or any court of inquiry may appoint, by warrant under his hand and seal, one or more marshals.
§ 242. The marshals so appointed may not only per- form the usual duties of such marshals, but may also execute all process lawfully issued by such president or court, and perform all acts and duties in this act im- posed on and authorized to be performed by any sheriff, marshal, or constable.
§ 243. Whenever the sentence of any regimental or battalion court-martial shall be appealed from, the officer hearing the appeal shall require the court. or the president thereof, to furnish him forthwith with a statement of the case, and of the evidence touching the same ; which statement and evidence shall, in the case of an appeal to the commanding officer of the brigade, be forthwith, on notice of such appeal, transmitted to him. (Asamended by chap. 612 of 1865.)
§ 244. Such statement being furnished, the officer hearing the appeal may hear such further evidence, by affidavit or otherwise as the nature of the case may require, and for that purpose he shall have power to administer oaths to witnesses produced before him, and order depositions of such witnesses as can not reason- ably be produced at the hearing of such appeal. (As amended by chap. 612 of 1865.)
§ 245. The last two sections shall extend to appeals
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made from the order of an officer approving the sentence of a court-martial.
§ 246. If any officer having a warrant for the collec- tion of any fine shall not be able to collect the fine within the time specified therein, then the officers issuing the warrant may, at any time thereafter, within two years from the time imposing the fines, issue a new warrant against any delinquent, or renew the former warrant, from time to time as may become necessary.
§ 247. Any warrant for the collection of fines, issued by virtue of this act, shall and may be renewed in the same manner that exccutions, issued from justices' courts, may by law be renewed.
§ 248. It shall be the duty of the respective presi- dents of courts-martial to prosecute, in the name of the people of the State of New York, any marshal, or con- stable, sheriff, and their sureties, who shall incur any penalty for neglect in the execution or return of any warrant, or in paying over moneys collected by him.
§ 249. Whenever any court-martial shall consist of one person, he shall be deemed the president thercof, within the meaning of this act.
§ 250. The chiefs of the staff in cach division, regi- ment, or battalion, shall, on or before the first day of November, in cach ycar, return to the commandants of division and brigade, respectively, the names of all commissioned officers absent from any parade, encamp- ment, or drill, which they shall be required by law to attend. Within ten days after the receipt of such re- turns, the respective commandants of division or bri- gade, as the case may be, shall order a court-martial, to consist of three commissioned officers, without regard to rank, to pass upon such delinquency. It shall not be necessary to cause the arrest of such absentee, nor to serve any charges, unless, in the discretion of the officer ordering the court, it may be proper ; but the delinquent may be fined, pursuant to the provisions of this act, pro- vided notice of the return and of the time appointed for holding the court-martial shall have been delivered to
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him or left at his usual place of abode, at least ten days before the assembling of said court.
§ 251. The court may excuse any such delinquent for good cause shown. (As amended by chap. 612 of 1865.) § 252. Any fine for offenses against the by-laws of any company of the national guards or of regimental boards, not exceeding the sum of twenty-five dollars, a certified copy of the proceedings relating to the infliction of which has been returned to any regimental court-mar- tial or court of appeals, may be enforced by such court in the manner hereinbefore provided, due notice being given to the delinquent ; and further provided, that a certified copy of said by-laws be filed with the com- mandant of the regiment.
§ 253. Whenever any portion of the military forces of this State shall be ordered to assemble for purposes of military instruction, under the authority of the com- mander-in-chief, or whenever any part of the State forces shall be ordered to assemble, under his authority, in time of war, insurrection, invasion, or public danger, the rules and articles of war, and general regulations for the government of the army of the United States, so far as they are applicable, and with such modifications as the commander-in-chief may prescribe, shall be con- sidered in force and regarded as a part of this act, dur- ing the continuance of such instruction, and to the close of such state of war, invasion, insurrection, or public danger ; but no punishment under such rules and articles which shall extend to the taking of life, shall, in any case, be inflicted, except in time of actual war, invasion, or insurrection, declared by proclamation of the gov- ernor to exist.
OF THE DUTIES OF. CERTAIN STAFF OFFICERS, AND OF VARIOUS MATTERS CONNECTED WITH THEIR VARIOUS RESPECTIVE DEPARTMENTS.
Of the Adjutant-General.
§. 254. The adjutant-general shall keep a roster of all
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the officers of the military forces of this State, contain- ing the date of their commissions, their rank, the corps to which they belong, the division, brigade, and regiment of such corps, and the places of their residence, as accurately as can be ascertained ;"which roster shall be revised and corrected every year.
§ 255. He shall also enter in a book, to be kept for that purpose, a local description of the several company, regimental, brigade, and division districts.
$ 256. It shall be the duty of the commandants of divisions and brigades to furnish the adjutant-general with a roster of their officers, containing the facts requisite to enable him to comply with the provisions of this act.
§ 257. The books required by the adjutant-general to comply with this act, shall be furnished him at the ex- pense of this State, and shall go to his successors in office.
$ 258. The seal now used in the office of the adjutant- general shall continue to be the seal of his office, and shall from time to time be delivered to his successor in office ; and all copies of records or papers in his office, duly certified and authenticated under the said scal, shall be evidence in all cases, in like manner as if the originals were produced.
§ 259. It shall be the duty of the adjutant-general to cause so much of the militia laws as shall at any time be in force to be printed in proper form, from time to time, and to distribute one copy to each commissioned officer, and to each town clerk, supervisors' clerk, and county treasurer in this State ; and also, to prepare and cause all necessary blank books, forms, and notices to be transmitted at the expense of this State, to carry into full effect the provisions of this act : and the comptroller is hereby directed to draw his warrant on the treasurer of this State for the expenses incurred under this section.
$ 260. The adjutant-general is hereby anthorized to appoint an assistant, who shall have the rank of colonel and be commissioned by the commander-in-chief, and
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who shall hold such office during the pleasure of the adjutant-general. In case of absence of the adjutant- general from the city of Albany, or in case of his ina- bility to perform his duties, his assistant shall have full power to perform all the duties appertaining to the office of the adjntant-general. But nothing in this section shall be so construed as to give any validity to the acts of said assistant, or to those of any acting assistant, in case of the disapproval of the adjutant-general, after such disapproval shall have been shown by special order to that effect. (As amended by chap. 612 of 1865.)
Of the Commissary-General.
§ 261. The commissary-general shall keep in good repair the arsenals and magazines of the State, and attend to the duc preservation and safe keeping, clean- ing, and repairing of the ordnance, arms, accoutrements, ammunition, munitions of war, and implements of every description, the property of this State ; and he shall at all times have the control and disposition of the same for that purpose.
§ 262. He shall, under the direction of the command- er-in-chief, disposc, to the best advantage, of all damaged powder, and of all ordnance, arms, ammunition, accou- trements, tools, implements, and warlike stores of every kind whatsoever, that shall be deemed unsuitable for the use of the State.
§ 263. IIe shall, from time to time, render a just and truc account of all sales made by him, with all con- venient speed, to the governor, and shall pay the pro- ceeds of such sale into the treasury of the State for mili- tary purposes, or expend the sanie in the purchase of suitable arms, ammunition, and camp or other equipage, as the commander-in-chief may direct.
$ 264. Whenever the commanding officer of a brigade shall certify that a stand of colors, or any drums, fifos. or hugles are necessary for any company, battalion, or regiment in his brigade, the commissary-general, with the approbation of the commander-in-chief, shall furnish
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such company, battalion, or regiment with a stand of colors, and a sufficiency of drums, fifes, and bugles, at the expense of the State.
§ 265. The commissary-general shall issue the proper allowance of powder and balls to artillery companies for practice ; and the several commandants of artillery companies shall annually report to the commissary-gen- eral the situation and state of the pieces of ordnance, arms, implements, and accoutrements, the property of the State, intrusted to their charge respectively.
$ 266. The commissary-general shall issue all ammu- nition, suited to the several arms of the service, upon the requisition of any commandant of brigade, regiment, or battalion ; and shall, on a like requisition, replace such articles or implements for ordnance as may be by use rendered unfit for service.
§ 267. The commissary-general shall report annually to the commander-in-chief. whose duty it shall be to transmit the same to the legislature, a true and particu- lar statement, showing the actual situation and disposi- tion of all the ordnance, arms, ammunition, and other munitions of war, property or things, which in any wise appertain to or respect the department confided to his keeping.
§ 268. He shall keep a just and true account of all the expenses necessarily incurred in and about his depart- ment, which shall include all expenses for transportation to and from the arsenals, all ordnance, arms, ammunition, and camp equipage, and deliver the same to the comp- troller, who shall thereupon examine and audit the same, and shall draw his warrant on the treasurer for such sum as he shall audit and certify to be due.
$ 269. It shall be the duty of the judge-advocate-gen- eral to prosecute any bond, the condition of which is violated by a neglect or refusal of any officer to report the condition of any arms or equipage, or to return the same to any of the arsenals of this State, as required by law.
§ 270. The commissary-general is authorized to ap-
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point an assistant, with the rank of colonel, and who shall be commissioned by the commander-in-chief, and hold his office during the pleasure of the commissary- general, and shall perform the duties now required by law to be performed by the military storekeeper at the New York arsenal, and shall be compensated in the same manner as such military storekeeper has been compensated. In the absence of the commissary-gen- eral from the city of New York, or in case of his ina- bility to perform his duties, his assistant shall have full power to perform all the duties appertaining to the office of the commissary-general; but nothing in this section shall be so construed as to give any validity to the acts of such assistant in case of the disapproval of the commissary-general.
Of the Inspector-General.
§ 271. It shall be the duty of the inspector-general to visit, at least once in every two years, each regimental district in the State. He shall critically inspect, as often as he may deem necessary, every branch connected with the military service, including armories, arsenals, and military storehouses ; and he shall also attend to the organization of the militia, and report to general headquarters the improvement in discipline and tactical instruction of the uniformed forces.
$ 272. Commandants of regiments and companies shall furnish to the inspector-general such information as he may require, as to the number and kinds of arms, equipments, and military property of the State issued to their respective regiments and companies ; and, at the conclusion of the inspection of any armory, arsenal, or military storchouse, if he find the property which ought to be kept therein. or any part of it, missing, injured, unfit for use, or deficient in any respect, he shall forth- with report the facts. in respect thereto, to the com- mander-in-chief.
$ 273. It shall be his duty, after the first day of No. rember in each year, to inspect the tents and camp
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equipage belonging to the State, and report any de- ficiency therein, or any damaged property or unfit for use, to the commander-in-chief on or before the first day of January next thereafter. Upon receiving the reports mentioned in this and the last preceding section, the commander-in-chief may order such property to be sold at public auction, upon thirty days' notice to be pub- lished once a week in the State paper, and also in some newspaper printed in the county in which such property is situated, to the highest bidder, under the direction of the commissary-general of ordnance, and the net avails thereof shall be paid into the treasury to the credit of the militia fund. (As amended by chap. 612 of 1865.)
§ 274. In his annual report he shall state what gen- eral and field officers have been in command of parades and encampments, what changes of general or field offi- cers have been made, and what degree of improvement has been attained by both officers and men, and whether the general regulations have been observed, together with such suggestions as he may see fit to make.
§ 275. To the inspector-general will be referred, by order of the commander-in-chief. such matters as require an examination at a distance from the general head- quarters, for the information of the commander-in-chief ; and it shall be the duty of inspector-general, upon such reference, to report upon the qualifications of persons named to the commander-in-chief, for appointment to military office, and also upon the possession of the ne- cessary requisites by the applicants for the organization of companies.
§ 276. The division and brigade inspectors, whenever required by the inspector-general, shall report to him the condition of their respective divisions or brigades, and shall also, upon his request, report to him upon any matter properly belonging to his department, which may require examination within their respective division or brigade districts.
§ 277. The inspector-general shall visit the several encampments which shall be ordered by the commander-
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in-chief, and to ascertain whether the troops have been properly instructed in the exercises and evolutions of the field ; he will cause them to be exercised in the manœuvres required to be practiced during the year, as prescribed by the regulations ; and he will give his instructions, as to the exercises, to the commanding officer, who will issue. all necessary orders and directions to the troops for their execution.
. § 278. The inspector-general shall, at least once in every two years, examine the book of proceedings of the board of auditors of each regiment, and the accounts filed with the secretary of such board during the two years previous, or since the last examination made by the inspector-general, and he shall carefully compare the book of proceedings with accounts ; he shall also examine the warrants drawn by the board of auditors, in the possession of the county treasurer, and he shall specially report to the commander-in-chief whether the proceedings of the board of auditors are regularly and properly entered, and whether the warrants are in duc form ; and whether any military funds have been drawn from the county treasurer for improper purposes, or by persons not entitled thereto.
§ 279. The inspector-general is hereby authorized to appoint an assistant, who shall have the rank of colonel, and be commissioned by the commander-in-chief, and who shall hold such office during the pleasure of the in- spector-general, and shall receive the same compensation as the assistant adjutant-general. In the absence of the inspector general from the city of Albany, or in case of his inability to perform his duties, his assistant shall have full power to perform all duties appertaining to the office of the inspector-general. But nothing in this section shall be so construed as to give any validity to the acts of said assistant, in case of the disapproval of the inspector-general.
Of the Judge- Advocate- General.
§ 280. The judge-advocate-general, as chief of his
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department, is charged with the supervision, care, and management of all things relating to the administration of justice among the military forces of this State. He shall diligently scrutinize and examine the proceedings of all courts-martial where an appeal has been taken, . and report thereon for the information of the com- mander-in-chief ; he shall also, in like manner, report in all cases of disputed elections where an appeal has been taken. Under the orders of the commander-in-chief, the judge-advocate-general shall act as judge-advocate at any court-martial where the public interests shall require his attendance.
§ 281. The judge-advocate-general is the legal adviser of the several staff departments, upon all legal questions which may arise therein, and to him may be referred for supervision all contracts, agreements, or other in- struments, to be drawn or executed in the course of the business of such department.
§ 282. The officers of the judge-advocate-general's de- partment, when not engaged in the special duties of the same, may be detailed for such other staff duty as the commandants of their respective brigades or divisions shall direct.
OF INVASION, INSURRECTION, BREACHES OF THE PEACE, AND DRAFTS OF THE MILITIA.
Of Invasion and Insurrection.
§ 283. In cases of insurrection or invasion, or immi- nent danger thereof, the commander-in-chief may, by proclamation or otherwise, order and direct the con- mandants of such company districts as he shall desig- nate, to accept sufficient volunteers, should the same offer. to raise said company, and maintain the same at the maximum number provided by law, and if sufficient volunteers should not offer, then a sufficient number shall be drafted from the reserve militia of said districts in the manner hereinafter provided, who shall thereupon be enrolled as national guards in said company, and
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shall be liable to duty in case the military forces of the State should be called into service.
§ 284. The commander-in-chief shall have power, in case of insurrection or invasion, or imminent danger thereof, to order into the service of the State such num- ber and description of companies or regiments of the national guard, or of other militia of the State as he shall deem proper, and under the command of such officers as he shall direct, and in such case the forces so called into service shall receive the same pay and rations as troops in the service of the United States. And all the acts, proclamations, and orders of the governor of this State since the sixteenth day of April, eighteen hundred and sixty-one, relating to the calling out of the inilitia or volunteers from this State for the service of the United States, are hereby approved, and in all re- spects legalized and made valid, to the same intent and with the same effect as if they had been issued and done with the previous express authority and direction of the legislature of this State, and all commissions issued or hereafter to be issued to the officers of such volunteer forces by the governor of this State, in accordance with the act of congress in such cases made and provided, are hereby confirmed.
§ 285. In case of any invasion, or of imminent dan- ger thereof, within the limits of any division, brigade, regiment, or battalion, it shall be the duty of the com- mandant of such division, brigade, regiment, or battalion, to order out, for the defense of the State, the militia, or any part thereof, under his command, and immediately report what he has done to the commander-in-chief, through the adjutant-general.
§ 286. It shall also be his duty to give immediate notice of such invasion, and of the circumstances attend- ing the same, to his immediate commanding officer, by whom such information shall be transmitted with the utmost expedition to the commander-in-chief.
§ 287. The commandant of every regiment or bat- talion, within the limits of which an insurrection may
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happen, shall immediately assemble his regiment or battalion, under arms, and with the utmost expedition shall transmit information of such insurrection to the commandant of his brigade and to the commander-in- chief.
§ 288. He shall also give immediate notice of such insurrection to any judge of the county in which it shall happen, and shall take such measures for its sup- pression as to such judge shall appear most proper and effectual.
§ 289. If the said judge shall deem a greater force requisite to quell the insurrection, he shall require such additional force as he may deem necessary from the com- mandant of the division, or of any brigade therein, whose duty it shall be to obey his requisition.
§ 290. Every person who, whilst in the actual service of this State, shall be wounded or disabled in opposing or suppressing any invasion or insurrection, shall be taken care of and provided for at the expense of the State.
OF RIOTS, TUMULTS, BREACHES OF THE PEACE, AND RE- SISTANCE TO PROCESS.
$ 291. In case of any breach of the peace, tumult, riot, or resistance to process of this State, or apprehen- sion of imminent danger of the same, it shall be law- ful for the sheriff of any county, or the mayor of any city, to call for aid from any division, brigade, regi- ment, battalion, or company ; and it shall be the duty of the commanding officer of such division, brigade, regiment, battalion, or company, to whom such order is given, to order out, in aid of the civil authorities, the military force, or any part thereof, under his command.
$ 292. In such case it shall not be necessary for cour- mandants of companies to issue written orders or notices for calling out their men, but verbal orders and notices shall be sufficient.
§ 293. It shall be the duty of the commanding officer
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of any division, brigade, regiment, battalion, or com- pany, in all cases when so called into service, to provide the men of his command, so ordered out, with at least twenty-four rounds of ball cartridge, and arms in com- plete order for actual service.
§ 294. Such officer shall be subject, as provided by law, to the sheriff or public officer who shall so re- quire his aid ; and for refusing or neglecting to obey the order of such sheriff, or public officer so requiring service, or for interfering or in any way hindering or preventing the men of his command from performing such duty, or in any manner, by neglect or delay, pre- venting the due execution of law, every such command- ing officer, and every commissioned officer under his command so offending, shall be liable to a fine of not less than one hundred nor more than five hundred dol- lars, and imprisonment in the county jail for a period not exceeding six months.
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