USA > New York > History and honorary roll of the Twelfth Regiment, Infantry, N.G.S.N.Y. > Part 14
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15
§ 295. It shall be the duty- of the district attorney of any county where such offense shall be committed, to prosecute the same ; and in addition thereto, such officer shall be liable to be tried by court-martial and sentenced to be cashiered and incapacitated forever after for holding military commission in this State.
$ 296. Any non-commissioned officer, musician, or private, who shall neglect or refuse to obey the orders of his commanding officer in the case above provided for, shall be liable to a fine of not less than twenty- five nor more than one hundred dollars, and imprison- ment in the county jail for a period not to exceed three months, to be prosecuted and recovered in the manner hereinbefore provided in the case of commis- sioned officers.
$ 297. All officers, non-commissioned officers, and pri- vates, in cases of riot, tumult, breach of the peace, re- sistance to process, or whenever called upon in aid of the civil authorities, shall receive the compensation pro- vided by an act entitled, " An act to enforce the laws and preserve order," passed April 15th, eighteen hun-
.
186
THE MILITARY CODE
dred and forty-five, which continues in force, and shall be published with this act ; and every person who shall be wounded or disabled in such service, shall be taken care of and provided for at the expense of the county where such service shall be rendered.
OF DRAFTS OF THE MILITIA.
$ 298. Whenever the commander-in-chief shall order a draft from the reserved militia of any company dis- trict, to raise the company of the national guard therein to, and maintain the same at, either the minimum or maximum number provided by this act, or whenever a general draft of the militia shall be made by order of the commander-in-chief, or of the president of the United States, such draft shall be determined by lot, to be drawn by the clerk of the county in which such roll has been filed, in the presence of the county judge and the mayor of any city, or the supervisor of any town or ward, upon the requisition of the commanding officer of the regiment within whose bounds such person may reside.
§ 299. Any person so drafted may, within ten days after receiving such notice of the same, present to the commandant of the regiment, independent battery, or battalion, his certificate of exemption by reason of physical disability, from some surgeon or assistant- surgeon of the national guard, or other due and sufficient proof of his non-liability to military duty, and if such certificate or proof shall be sufficient and satisfactory, such person shall be discharged and another person shall be drafted in his stead, in accordance with the provisions of this aet. The necessary expenses for serving notices upon drafted persons shall be a county charge upon the county in which such drafted persons shall reside respectively, and shall be audited and paid in the same manner as other county charges are au- dited and paid. (. Is amended by chap. 612 of 1865.)
§ 300. Any person so drafted, in accordance with the above provisions, may offer a substitute at the
.
187
OF THE STATE OF NEW YORK.
time of the rendezvous of the drafted military force and militia, and such substitute, if he shall be an able- bodied man, of the age of twenty-one years and up- ward, and shall consent in writing to subject himself to all the duties, fines, forfeitures, and punishments to which his principal would have been subject had he personally served, shall be accepted by the commandant of the company of drafted militia to which his princi- pal may belong.
Any person so drafted, who may be a member of any religious denomination whatever, as from scruples of conscience may be averse to bearing arms, shall be excused from said draft on payment to the clerk of the county by whom such draft is made the sum of three hundred dollars, to be by said county clerk paid to the comptroller of the State, to be applied to the purposes mentioned in this act. (As amended by § 6, chap. 425 of 1863.)
§ 301. Whenever the president of the United States or the commander-in-chief shall order a draft from the militia for public service, such draft shall be made in the following manner :
1. When the draft required to be made shall be a number equal to one or more companies to each brigade, such draft shall be made by company, to be determined by lot, to be drawn by the commandant of brigade in the presence of the commanding officers of the regiments composing said brigade, from the military forces of the State in his brigade, organized, uniformed, armed, and equipped, according to the provisions of this act.
2. In case such draft shall require a number equal to one regiment, such shall be determined by lot in the manner above prescribed.
3. In case such draft shall require a larger number than the whole number of men composing the military force of said brigade, such additional draft shall be made of the requisite number, to supply such deficioney, from the military roll of the reserve militia of each town
·
188
THE MILITARY CODE
or ward, filed in the office of the city, village, or town clerk, as hereinbefore provided.
$ 302. The commander-in-chief shall prescribe such rules, orders, and regulations, relative to the distribu- tion of arms, ammunition, and military stores, to the militia when called into actual service, as he may deem proper.
§ 303. The command of any military force, called into service under the provisions of this title, shall devolve upon the senior officer of such force, unless otherwise specially ordered by the commander-in-chief.
OF THE MILITARY FUND OF THE STATE, AND APPROPRIA- TIONS FOR MILITARY PURPOSES.
§ 304. The moneys received from the several county treasurers, under the provisions of this act, shall be kept separate and apart from the current and ordinary finances of this State, and shall be applied to the pur- poses mentioned in this act and to no other.
§ 305. For the purchase of uniforms aud equipments, pay of officers and privates, and other expenditures au- thorized by this act, the sum of three hundred thousand dollars is hereby appropriated from the moneys men- tioned in the last preceding section, and from any other moneys in the treasury not otherwise appropriated.
MISCELLANEOUS PROVISIONS.
306. The commander-in-chief is hereby authorized to establish and prescribe such rules, regulations, forms, and precedents as he shall deem proper for the use and government of the military forces of the State, and to carry into full effect the provisions of this act. Such rules, regulations, forms, and precedents shall be pub- lished in orders by the adjutant-general, and, from time to time, distributed to the commissioned officers of the State.
§ 307. Whenever any non-commissioned officers, musician ,sor privates, of any uniform company or troop,
·
189
OF THE STATE OF NEW YORK.
shall have performed service in any such company or troop for the space of seven years from the time of his enlistment therein, properly uniformed according to the provisions of law, he shall be furnished, on applica- tion, by the commanding officer of such company or troop, with a certificate, duly setting forth such facts, which shall, for all purposes, be deemed prima facie evidence thereof.
§ 308. The commanding officer of every uniform company or troop shall, on the application of any com- missioned, non-commissioned officer, musician, or private of his company, deliver to him a certificate, stating that such person is a member of his company, and whether he is uniformed according to law, and how recently he may have performed duty in said company. Such certificate, when dated within six months, shall be deemed for all purposes prima facie evidence of the matter therein stated.
§ 309. Every officer, non-commissioned officer, musi- cian, and private of the uniformed militia of this State, who shall have provided himself with a uniform, arms, or accoutrements required by law or regulation, shall hold the same exempt from all suits, distresses, execu- tions or sales for debts, or for the payment of taxes ; and every mounted officer, and every member of a troop of cavalry or light artillery, who shall own a suitable horse necessary for his use as such officer or member, shall hold the same with the like exemption.
§ 310. The rules and regulations, prepared by a board of officers under section one of title nine of the militia law, passed April seventeen, eighteen hundred and fifty-four, with such changes and modifications as are provided in this act, having received the approval of the commander-in-chief, are hereby ratified and confirmed ; and the commander-in-chief is hereby au- thorized to make such changes and alterations in said regulations, from time to time, as he may deem expe- dient.
§ 311. The commandants of regiments may appoint
-
190
THE MILITARY CODE
ordnance sergeants as keepers of armories, not exceed- ing one to cach armory, who shall be under the au- thority and hold office during the pleasure of the com- mandant; such ordnance sergeants shall be paid as now provided for keepers of armories. ..
§ 312. No person belonging to the military forces shall be arrested on any civil process while going to, remaining at, or returning from any place at which he may be required to attend for military duty.
§ 313. Any person who shall purchase, retain, or have in custody or possession without right any military property belonging to this State marked as or known to him to be such, and shall, after proper demand, re- fuse to deliver the same to any officer entitled to the possession thereof, shall be liable to an action for the recovery of the possession of such military property, and of a penalty of not less than ten nor more than one hundred dollars.
§ 314. Any person belonging to the military forces who shall, contrary to the lawful order of the proper officer, retain in his possession or control any military property of this State, shall be liable to an action to recover the possession thereof and to pay a fine of not less than ten, nor more than one hundred dollars, and shall also be deemed guilty of a misdemeanor ; and any commanding officer may take possession thereof, or of such military property mentioned in the preceding sec- tion, wherever the same may be found.
§ 315. Actions to recover the possession of military property, and the amount of any fine or penalty under the two preceding sections, may be brought, by any officer entitled to the possession of such property, in any court of competent jurisdiction, and such fine or penalty, together with all other fines and penalties pre- scribed by this act, and by chapter three hundred and ninety eight of the Session Laws of eighteen hundred and fifty-four, shall be paid to the treasurer of the county where the offender may reside, for the benefit of the military fund of the regiment located therein. The
191
OF THE STATE OF NEW YORK.
possession of any military property, or the amount of a fine or penalty, may be recovered in the same action. Proceedings at law shall not preclude the punishment of any military person in the military courts.
§ 316. Any person belonging to the military forces of this State, going to or returning from any parade, encampment, drill, or meeting, which he may be required by law to attend, shall, together with his conveyance and the military property of the State, be allowed to pass free through all toll-gates, over toll-bridges and ferries.
§ 317. Whenever any officer shall have served or shall hereafter serve continuously and honorably as commandant of any military company, under a military commission issued under the laws of this State, for the period of twenty years, the commander-in-chief shall have power to confer upon such officer the brevet or honorary rank of colonel, but such brevet shall not con- fer additional pay or emoluments for services under this act.
§ 318. All officers, non-commissioned officers, musi- cians, and privates of the national guard, while on duty or assembled therefor, pursuant to the order of the sheriff of any county, or the mayor of any city, in cases of riot, tumult, breach of peace, resistance to process, or whenever called upon in aid of the civil authorities, shall receive the compensation provided by the twenty- first section of the act entitled " An act to enforce the laws and preserve order," passed April fifteen, eighteen hundred and forty-five, and such compensation shall be audited, allowed and paid by the supervisors of the county where such service is rendered, and shall be a portion of the county charges of said county, to be levied and raised as other county charges are levied and raised.
§ 319. Chapter three hundred and ninety-eight of the Laws of eighteen hundred and fifty-four, except such parts of the same as are referred to in sections five and ten of this title, chapters two hundred and sixty-one
192
THE MILITARY CODE.
and five hundred and thirty-six of the Laws of eighteen hundred and fifty-five, chapters one hundred and twenty- nine, and three hundred and forty-three of the Laws of eighteen hundred and fifty-eight, and all other acts and parts of acts conflicting with this act are hereby re- pealed ; but such repeal shall not affect any legal pro- ceedings commenced under them.
§ 320. This act shall take effect immediately.
ADDENDA
TO THE
MILITARY CODE
OF THE
· State of New York,
PUBLISHED IN 1866.
GENERAL HEADQUARTERS - STATE OF NEW YORK.
ADJUTANT-GENERAL'S OFFICE, ALBANY, April 23, 1867.
The following amendments to the Military Code, passed by the Legislature of 1867, are hereby published for the information and guidance of the members of the National Guard, and all others interested in their execu- tion.
By order of the Commander-in-Chief.
S. E. MARVIN, Adjutant-General.
9
194
ADDENDA TO THE
CHAP. 502.
AN ACT to amend an act entitled "An Act to provide for the enrollment of the Militia, the organization and discipline of the National Guard of the State of New York, and for the public defense," passed April 23, 1862, designated as the Military Code of the State of New York. Passed April 22, 1867; by a two- thirds vote.
The People of the State of New York, represented in Senate and Assembly, do enact as follows :
§ 1. Subdivision two of section one, sections four, eight, nine, ten, eleven, twelve, thirteen, fourteen, fif- teen, eighteen, twenty-six, thirty, one hundred and two, one hundred and twenty-one, one hundred and twenty- six, one hundred and twenty-seven, one hundred and thirty eight, one hundred and thirty-nine, one hundred and forty, one hundred and forty-two, one hundred and forty-six, and two hundred and eighteen, of chapter four hundred and seventy-seven, of the laws of eighteen hundred and sixty-two, designated as the military code of the State of New York, are hereby amended so as to read as follows :
§ 2. Persons who have been or hereafter shall be reg- ularly and honorably discharged from the regular or volunteer army or navy of the United States, in con- sequence of the performance of military duty, in pur- suance of any law of this State, and such firemen as are now exempted by law.
$ 4. Under the direction and superintendence of the commander-in-chief, all persons liable to military duty in this State, who are not already members of the or- ganized militia, shall be annually enrolled in such man- ner, and under such rules and regulations as the com- mander-in-chief may from time to time prescribe, and by and under the direction of such officers as he may appoint ; but no person shall be so appointed who is not an officer or member of the national guard and amena-
195
MILITARY CODE.
ble to military law for any neglect or dereliction in the discharge of such duty. Such enrollment shall distinctly specify the names and residences of the persons enrolled, and shall divide the same into two classes, the persons between the ages of eighteen and thirty years to consti- tute the first class, and the persons between the ages of thirty and forty-five years to constitute the second class ; but the erroneous classification of any person liable to do military duty shall not relieve him from any of the penalties prescribed by law for non-performance of such duty. Such enrollment shall be made and completed in cach year on or before the first day of July. The officer making such enrollment shall, at the time of mak- ing the same, serve upon each person enrolled a notice, by delivering the same personally, or by leaving it with some person of suitable age and discretion, at his place of residence, that he is enrolled as liable to military duty, and that if he claims that he is for any reason exempt from military duty, he must, on or before the fifteenth day of August then next ensuing, file a written statement of such exemption, verified by affidavit, at the headquarters of such enrolling officer, to be designated in such notice ; but it shall not be necessary to serve such notice upon any person so enrolled, whose name has been entered upon any previous enrollment in the same company district.
§ 8. The commander-in-chief shall cause to be pub- lished once a week for four weeks previous to the first day of August, in the newspaper designated in accord- ance with law as the State paper, a notice that the en- rollment of persons liable to military duty in the State has been completed, and which notice shall also specify that any person who claims that he is for any reason exempt from military duty shall, on or before the fit- teenth day of August then next ensuing, file a written statement of such exemption, verified by affidavit, with the enrolling officer of his district, or the commandant of the company or regimental district in which such person may reside ; and a copy of such notice, designa-
196
ADDENDA TO THE
ting the places where exemptions may be filed, shall, for - the same period, be posted by each enrolling officer in some conspicuous place in his district ; and publication of either of such notices shall be a sufficient notice of such enrollment to all persons named therein ; the affi- davit required by this section may be made before the enrolling officer or commandant of the district, who shall make no charge therefor.
§ 9. Such enrolling officer shall not include in said enrollment, the names of any officers or members of the uniformed militia of this State, nor of the officers or members of any fire company, and the foreman of every fire company in any city, village, or town, shall, before the fifteenth day of May in cach year, file with such en- rolling officer of the district in which such fire company may be located, a list containing the names of all per- sons belonging to their respective companies, which list shall show the town or ward in which each member of such company resides.
§ 10. All persons claiming exemptions shall file a written statement of the same, verified by affidavit, with the enrolling officer of the district in which such person may reside, on or before the fifteenth day of August, in default of which, such person shall lose bene- fit of such exemption, except such as are especially exempt by act of congress. The captain, commandant, or other officer making such enrollment, shall thereupon, if such person be exempt according to law, mark the word "exempt" opposite the name of each person pre- senting such exemption ; and if such exemption be per- manent, the name of such person shall not be included in any subsequent enrollment. If any person shall swear falsely in such affidavit, he shall be guilty of per- jury.
$ 11. The persons thus enrolled shall form the reserve militia of the State of New York ; those between the ages of eighteen and thirty years shall constitute the reserve of the first class, and those between the ages of thirty and forty-five years shall constitute the reserve of the second class.
197
MILITARY CODE.
·
§ 12. Any member of the reserve militia may commute for the military duty, and for the arms and accontre- ments required by law, by the payment in each year of the sum of one dollar, which commutation shall be paid between the first day of July and the fifteenth day of August, to the collector or receiver of taxes in the town or ward in which such person may reside, for which payment the said collector or receiver shall give his receipt in such form as the commander-in-chief may pre- scribe ; and moneys collected shall, by the collector or receiver, be paid over to the treasurer of the county, to the credit of the military fund of the State, on or before the first day of September ; at which time the collector or receiver shall transmit a roll of such persons as shall have paid such commutation to the commandant of the brigade district, except in the counties of New York and Richmond, where such rolls shall be transmitted to the commandant of the division ; and the correctness of such rolls shall be verified by such collector or receiver. But no commutation paid under this section shall relieve any person liable to military duty from such duty in case of insurrection or invasion, or imminent danger thereof. Said collector or receiver of taxes shall on or before the first day of July in each year, execute and deliver a bond in like manner as other bonds are exe- cuted and delivered by such collector or receiver, that he will faithfully pay over all moneys and perform all duties in respect thereto required by law.
§ 13. The reserve militia of the first and second classes, except such as shall have paid commutation, as provided in the preceding section, shall assemble at their several company districts, armed and cquipped as provided by law, for parade and inspection on the first Monday in September in each year, at such hour and place as the captain or commandant shall designate in orders, to be posted in three public places in said com- pany district for ten days, and shall be under the orders of the captain or commandant of said district ; and such captain or commandant shall make a register of
198
ADDENDA TO THE
all such as shall attend such parade, armed and equipped as aforesaid, and shall transmit a duly certified copy of such register, on or before the fifteenth day of Septem- ber, to the commandant of the brigade, except in the counties of New York and Richmond, where such register shall be transmitted to the commandant of the division, but in all cases such registers shall be trans- mitted through the intermediate commanders. And in any county which has not been divided into company districts, and in which there are no officers to comply with the above provisions, the commandant of the bri- gade shall designate some capable officer from his com- mand to attend to all the requirements above named. And in any locality where there is no brigade organiza- tion, the division commander shall in like manner detail a suitable officer from his command for the performance of these duties. The officer performing this labor may, in the discretion of the commander-in-chief, receive such pay for the same as is provided in section one hun- dred and seventy-four, military code.
§ 14. All persons who shall neglect to attend such parade, and who shall have omitted to pay the commu- tation therefor, as provided by section twelve of this act, shall be reported as delinquents, and shall be liable to a fine of three dollars. The several brigade com- manders shall, with the approval of the commanders. of their respective divisions, appoint in each regimental district one or more officers, before whom such delin- quents shall be cited to appear, by order of the briga- dier-general, on the first Tuesday after the first Monday in October ; and such officers so appointed, shall have power, under the regulations of the commander-in-chief, to determine the facts of such delinquency,. and if such delinquents shall not prove their exemption by commu- tation or otherwise. as provided by law, the officer so appointed shall have power to impose a fine, as above provided, which shall be collected in the same manner as fines and penalties imposed by military courts are now collected, all the provisions of law concerning
199
·
MILITARY CODE.
which shall apply to the fines contemplated in this sec- tion. And the officer so appointed to determine such delinquencies, shall have the same powers, and be sub- ject to the same regulations as are imposed on the pres- idents of courts-martial, as provided by section two hundred and five of this act ; and any such officer who shall be guilty of disobedience of orders, or neglect of or malpractices in such duty, shall be liable to the penalties imposed by section two hundred and sixteen of this act.
§ 15. The officer appointed to determine delinquencies shall, immediately after the performance of such duty, report his proceedings to the commander of the brigade, and the marshal or other officer who shall collect such fines shall pay the same to the county treasurer, to the credit of the military fund of the State. The county treasurer of cach county shall, on the first days of Feb)- ruary and October, in each year, remit to the comptroller of the State all moneys received by him and in his hands, credited to the military fund of the State, which moneys shall be kept distinct from other funds in his possession.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.