USA > New York > History and honorary roll of the Twelfth Regiment, Infantry, N.G.S.N.Y. > Part 15
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§ 18. The commander-in-chief shall issue such orders and regulations, and cause to be provided such books, and blank forms and returns, as may be necessary to secure the enrollment, and the collection of commuta- tion moneys and fines and penalties as herein provided ; and there shall be allowed to the military officers ordered on duty, in making such enrollment and collect- ing such fines, a reasonable compensation, not exceeding the rates allowed by section one hundred and seventy- four of this act, except that officers below the rank ot captain may receive the compensation allowed to offi- cers of that rank ; which compensation shall be fixed by the commander-in-chief, and under his orders paid by the paymaster-general. The treasurer of any city or county to whom any commutation money or fines shall be paid, may retain therefrom one per cent as his fees for receipt and care of the same ; and all collectors or
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receivers of taxes shall be entitled to add to and collect five cents as fees from cach person paying such commu- tation.
§ 26. Company officers shall use their best efforts to obtain sufficient volunteers to raise their respective companies to the number of at least forty-five non-com- missioned officers and privates, which number is hereby fixed as the minimum, and one hundred as the maximum organization.
§ 30. Each division shall consist of not less than two brigades, each brigade not less than two regiments, each regiment not less than eight battalion companies of forty- five non-commissioned officers and privates. Whenever any company shall fall below the number of forty-five non-commissioned officers and privates, such company may be consolidated or disbanded ; and whenever any regimental organization shall fall below the number of eight battalion companies, or an aggregate force of three hundred and sixty non-commissioned officers and pri- vates, such regiment shall thereupon be designated as a battalion, but shall retain its regimental number, unless such battalion shall be consolidated or disbanded.
§ 102. In the department of the commissary-general of subsistence there shall .be a commissary-general of subsistence, with the rank of brigadier-general, and such commissaries of subsistence as may be otherwise pro- vided by law.
§ 121. In case such armory shall not be erected or rented by the supervisors for the use of such company, the commandant of the regiment, in his discretion, 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 hereinbefore provided.
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§ 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 regi- ment, 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 com- pensation of one dollar and fifty cents per day, for the time actually employed in cleaning guns, and other du- ties 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-commis- sioned officers, musicians, and privates, to any parade, encampment, or place of rendezvous, the commandant of each company may appoint a suitable person a warn- ing officer, who shall be compensated from the funds of the company, and the commandant of cach company shall issue his orders under his hand, to his warning offi- cer or to his. non-commissioned officers, requiring them to warn all the non-commissioned officers, musicians, and privates of his company to appear at such parade, en- campment, 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 regnired to warn, 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 discre- tion, 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 shall make a return to his commandant, in which he shall 9*
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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 warn- ing officer, so sworn to and certified, shall be as good evidence, on the trial of any person returned as a delin- quent, of the facts therein stated, as if such officer had testified to the same before the court-martial on such trial.
§ 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 regi- ment ; all general and staff officers, all field officers, all commissioned and non-commissioned officers, musicians, and privates, of the organized national guard of this State, shall be exempt from jury duty during the time they shall perform military duty, and shall be entitled to a deduction in the assessment of their real and per- sonal 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 sec- tion, shall forever after, as long as he remains a citizen of this State, he exempt from jury duty. No non-com- missioned officer, musician, or private, in the national guard shall be discharged from service, except for phys- ical disability or expiration of term of service. Dis- charges for physical disability shall be given ouly upon the certificate of the regimental surgeon ; and no mem- ber 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
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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 dis- charged.
§ 218. Subdivision 1. Every non-commissioned offi- cer, 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 month's pay.
§ 2. The commander-in-chief shall appoint and com- mission brigadier generals of brigades in the several divisions of the State, except the first and second, when- ever vacancies exist, or whenever they may occur.
§ 3. The staff's of divisions, brigades, and regiments, shall be constituted and appointed as follows : to eaelt 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 a lieutenant-col- onel ; a quartermaster, with the rank of lieutenant-col- onel ; a commissary of subsistence, with the rank of lieutenant-colonel : two aides-de-camp, with the rank of major ; and one aide-de-camp, with the rank of captain ; all of whom shall be commissioned by the commander- in-chief, upon appointment by the major-general com- manding the division. To each brigade, an assistant adjutant-general. with the rank of major. to be chief of staff; an inspector, with the rank of major ; an engi- neer, with the rank of major ; a judge advocate, with the rank of major ; a surgeon, with the rank of major ;
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an ordnance officer, with the rank of captain ; a quarter- master, with the rank of captain ; a commissary of sub- sistence, with the rank of captain ; one aide-de-camp, with the rank of captain, and one aide-de-camp, with the rank of first lieutenant, all of whom shall be com- missioned by the commander-in-chief, upon election or the appointment of the brigadier general commanding the brigade. To cach 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-in- chief, upon the recommendation of the colonel command- ing the regiment ; but regimental staff officers shall not be allowed to vote at any election of field officers.
§ 4. The commander-in-chief shall be empowered to prescribe and enforce such rules and regulations in re- gard to the disbursement and accounting for the regi- mental 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, bi.gade, 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.
$ 6. Division and brigade inspectors are hereby classified as belonging to the department of the inspec- tor-general, and all reports heretofore required to be made to the adjutant-general shall be made to the in- spector-general.
§ 7. The county treasurers of the several counties
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shall, 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 prede- cessors, to the credit of the militia fund, from the mem- bers 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 re- ceived from the sources above mentioned shall be ap- plied 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.
The following order contains information of great importance to every member of the National Guard :
GENERAL HEADQUARTERS STATE OF NEW YORK.
ADJUTANT GENERAL'S OFFICE, ALBANY, July 29, 1868. $
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GENERAL ORDERS,
No. 18.
The organization of the National Guard is established as follows :
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REGIMENTAL ORGANIZATION-INFANTRY.
I .- One Colonel, one Lieutenant-Colonel, one Major, one Adjutant, with rank of Ist Lieutenant, one Quarter- master, with rank of Ist Lieutenant ; one Commissary
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of Subsistence, with rank of 1st Lieutenant ; one Sur- geon, with rank of Major ; one Assistant-Surgeon, with rank of 1st Lieutenant ; one Chaplain, with rank of Captain ; one Sergeant-Major, one Quartermaster-Ser- geant, one Commissary.Sergeant, one Hospital Steward, two principal Musicians, ten Companies.
In addition to the Regimental Non-Commissioned Staff above provided, it shall be optional with the Regi- mental Commander to appoint two Sergeant Standard- bearers, as the same are now provided by law, but such officers can not be mustered into the service of the United States.
A Regimental Band, under command of a Leader, may also be enlisted.
COMPANY ORGANIZATION-INFANTRY.
One Captain, one Ist Lieutenant, one 2d Lieutenant, one 1st Sergeant, one Quartermaster-Sergeant, four Sergeants, eight Corporals, two Musicians, thirty to one hundred Privates.
It will be optional with Company Commandants to en- roll one musician in addition to the two above stated, as the Military Code provides for three in cach con- pany, but only two can be mustered into the United States service ; also, in case of muster into United States service, there will be allowed to each company two Artificers and one Wagoner.
II .- No officers in excess of those designated in these orders can be recognized.
III .- The enlistment of all members of the National Guard, as provided by General Orders, No. 23, of 1867, is strictly enjoined.
Minors must not be enlisted except with consent of parents or guardians.
The enlistment of aliens is prohibited. Foreigners who have declared on oath their intention to become citizens may be enrolled.
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IV .- The attention of all officers and members of the National Guard is directed to the provisions of law that the term of service shall be seven years, and that discharges can be granted only for physical disability or expiration of term of service.
Surgeons will give certificates of disability only in cases where the causes are permanent, and disqualifying for active service.
V .- The payment of fines or penalties for absence from company meetings, drills, parades, and other as- semblages, can not in any sense be considered as a com- mutation for the actual service required of the officers and members of the National Guard.
Whenever an officer or member shall have been ab- sent from three consecutive meetings, drills, or parades, without rendering a satisfactory excuse for such absence, either on account of illness of self or members of his family, or unavoidable absence from home, in addition to all fines and penalties imposed for such absence, the time from the date of the first absence to the date when the delinquent shall again report for duty at a company meeting or drill, shall not be allowed upon his terin of enlistment ; and the Commandant of the company shall upon the descriptive books charge such time, giving dates, against such member, who will not be entitled to a discharge for expiration of term of service until he shall have made good the time so lost and deducted, and shall have actually served the full term required by law.
VI .- Delinquent members will be dropped from the rolls in manner as follows :
Whenever a member of any company shall have moved beyond the bounds of the State, or having been absent without leave and returned to and fined by sen- tence of court-martial, and such sentence can not be en- forced on account of inability to fine such member, and such sentence having been promulgated at least three months prior to the annual inspection and muster, then the names of such persons shall not be borne in place
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upon the first muster-roll succeeding such absence or sentence of court-martial ; but such names shall be entered after the alphabetical list of privates, and op- posite their names in the column of remarks shall be en- tered : " Dropped (May 30), removed from State," or " dropped (Feb. 9), can not be found," as the case may be, and the date entered being that when the person last reported for duty. But no member shall be so dropped, except with the approval of the Commandant of the Regiment, to whom the Company Commandants shall, at least three weeks before the annual muster, re- port the names of persons liable to be dropped and the causes therefor, which report shall be returned with ap- proval or disapproval within ten days after receipt.
VII .- Members so dropped from the rolls shall not be included in the aggregate strength of the company or regiment as "absent," or aggregate, "present and absent."
On muster-rolls succeeding the first roll after such persons are dropped, their names shall not appear at all except by order of the Commandant of the Regiment upon evidence that such members have voluntarily re- turned to duty and paid all fines and penalties due, or have been arrested and the sentence of court-martial enforced, and in such case their names shall be entered in place on the next rolls thereafter, and opposite them, in the column of remarks. shall be entered " dropped (May 30, 1867). taken up (April 11, 1868)." And simi- lar entries shall be made on the company descriptive books at the time the order of the Commandant of the Regiment, directing the dropping or taking up, is re- ceived.
Members, when dropped, shall be estimated as a " loss," and when taken up, as a " gain."
VIII .- In addition to all fines and penalties imposed for absence, the term during which a person shall have , been dropped from the rolls shall not be allowed upon his term of enlistment, but he shall serve such additional
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time as may be equal to the entire term during which he was dropped, in order to fulfill the conditions of his enlistment.
IX .- Members whose names are dropped from the rolls shall not be included in any company or regimental report or return of the strength of such company or regiment, but shall be separately reported as " dropped." Their names shall be continued on the descriptive books, with appropriate remarks, and they shall be considered as members of the National Guard to all intents and purposes, as provided by law, and subject to all liabili-' ties as such.
The process of dropping from the rolls is not in any sense a discharge, nor does it afford any relief from ser- vice or condonation of offenses, but is to be considered simply as a purgation of the rolls by the temporary omission of recreant members, in order to avoid a falla- cious exhibit of the available strength of the command.
X .- Commandants of regiments will be held respon- sible for the proper discharge of their duties, in approv- ing the expulsion of members, under section 161 of the Military Code. Such expulsion should only be ap- proved when founded upon general bad character, un- fitting the possessor for association with gentlemen, or base misconduct, and in the latter case only when the offense can not be punished by action of a court-martial.
In all cases, the cause for expulsion shall be fully given by the Commandant of the regiment in the gen- eral orders approving such expulsion, and copies of all such orders shall be transmitted to the Adjutant-General.
XI .- Transfers of members from one company to another in the same regiment must be approved by the Commandants of cach company and by the Command- ant of the regiment. If the transfer be from regiment to regiment in the same brigade, the further approval of the Commandant of the brigade will be required.
If the transfer be made from brigade to brigade in
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the same division, or from division to division, the ad- ditional approval of the Commandant of the division will be required.
XII .- In the transfer of men, the Commandant of the company from which transferred shall furnish to the Commandant of the company to which transferred a descriptive roll of the man or men transferred, which shall set forth the date of enlistment, and the place where and by whom ; the date of muster into service, and place where and by whom mustered ; the number of days lost by reason of being dropped from the rolls, or for inexcusable absence, and such other records as may have been entered upon the descriptive books, and which abstract shall be entered upon the descriptive books of the company to which such man or men may be transferred.
XIII .- Persons who have served the full term of en- listment, but voluntarily remain in service, are, when at- tentive and efficient, deserving of high regard for their unselfish devotion to the public interests ; but when negligent and insubordinate, their example becomes doubly pernicious in its effects upon younger members, and they may be summarily discharged by the issue of a certificate of discharge for expiration of term of service by the Commandant of the regiment, and without ap- plication on their part, and which dismissal shall be published in regimental general orders.
XIV .- Vacancies in the position of Non-Commis- sioned Officers of companies shall occur only upon the expiration of term of service of the incumbent, his death or discharge for physical disability, his promotion or rednetion to the ranks by the order of the Command- ing Officer of the regiment, or by sentence of court- martial ; and any company by-law limiting the tenure of office by Non-Commissioned Officers shall be void.
XV .- The Field Officers of each regiment shall con- stitute a Board, which may examine into and decide
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upon the qualifications of any person holding or elected to position as a company Non-Commissioned Officer, and if the decision of such Board shall be adverse, the Commanding Officer of the regiment shall revoke or refuse to issne a warrant to such person, and an election shall be ordered to fill the vacancy.
XVI .- The " First Sergeant" of each Company is the proper title of the Orderly-Sergeant, who may be appointed to the duty by the Captain, from any of the Sergeants in the company.
XVII .- Company Quartermaster-Sergeants will be appointed from each company by the Commandant of the regiment, upon the recommendation of the Com- pany Commandant. They shall have charge of all property in the possession of the company not issued to the members, and shall keep an accurate account of all property whether issued to members or in store, and shall make such reports to the Regimental Quartermas- ter as he may require. They will sustain the same re- lations to companies as the Regimental Quartermaster- Sergeant to the regiment, and to whom they will be subordinate. They will be under the orders of the Company Commandant in regard to all property in possession of the company or its members, and subject to the same provisions of law and regulations as the other Sergeants. When necessary, they will also act as Company Commissary-Sergeants.
XVIII .- The following modifications and additions to the regulations regarding the chevrons of Non-Com- missioned Officers, are hereby made :
For a Regimental Quartermaster-Sergeant-Three bars and a tie of three bars in silk.
For a Company Quartermaster-Sergeant-Three bars and a tie of one bar in worsted.
For a Hospital Steward-A half chevron of the follow- ing description, viz .: of emeraldgreen cloth, one and three-fourths inches wide, running obliquely downward from the outer to the inner seam of the sleeve, and at
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an angle of about thirty degrees with a horizontal, parallel to and one-eighth of an inch distant from both the upper and lower edge, an embroidery of yellow silk one-eighth of an inch wide, and in the centre a " caduceus " two inches long, embroidered also with yellow silk, the head toward the outer seam of the sleeve.
By order of the Commander-in-Chief.
Official.
S. E. MARVIN, Adjutant-General.
B. MARTIN, Act'g Ass't Adjutant-General.
THE AMENDMENTT TO THE MILITIA LAW.
The Attorney-General has declared constitutional the amendment to the Militia Law, repealing the clause ex- empting members of the National Guard from taxation to the extent of $500, and directed the Assessors to pro- ceed accordingly.
The law exempting military men from jury duty is also repealed.
THE EXEMPTION LAWS NOT REPEALED.
OPINION OF THE ATTORNEY-GENERAL.
THE following opinion of the Attorney-General, in relation to exemptions from taxation of members of the National Guard, addressed to his Excellency Gov. Hoffman, is published by the Adjutant-General for the information of all concerned. The patriotic Senator from the Eighteenth District will please make a note of this :
" Sir :- The question submitted by recent communica- tions from the Executive Department and Adjutant- General's Office, involving the inquiry whether certain exemptions from taxation of members of the National Guard are repealed, has been duly considered. By section 145, chapter 334, laws of 1864, these exemptions were somewhat enlarged from those declared by previ- ous enactments.
" All officers, musicians, and privates of the military forces of the State were declared to be exempt from jury duty during the time they performed military service, and from the payment of highway taxes, not exceeding six days in any one year. Such persons not assessed for highway taxes were entitled to a deduction in the assessment of real or personal property to the amount of $500.
" Every person who served seven years, and was hon- orably discharged, was forever after, so long as he re- mained a citizen of the State. entitled to an exemption of six days highway taxes in each year ; and, if a resident of any city (where not liable for highway taxes), he was forever entitled to a deduction in the assessment of his real and personal property of $500. Section 146, chapter 612, laws of 1865, repealed all
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THE EXEMPTION LAWS NOT REPEALED.
these exemptions, except from jury duty during the time such persons should perform military service.
" By section 146, chapter 502, laws of 1867, these ex- emptions were re-enacted and considerably extended. By this section all officers, musicians, and privates were exempt from jury duty during the time they perform- ed military service. They were entitled to a deduction in the assessment of their real and personal property to the amount of $500, except that cavalrymen. artillery- men, and mounted officers were entitled to a deduction of $1,000 on all classes of taxes. It will be noticed that exemption from highway taxes, as such, is omitted in this provision ; and that the exemption upon prop- erty is extended from $500 to $1,000 to cavalrymen, artillerymen, and mounted officers.
" The following is the provision incorporated in the general appropriation act of the present year, which it is claimed repeals these exemptions : Section 146, chap- ter 334, laws of 1864, which exempts members of the National Guard from the payment of highway taxes, and which entitles them to a deduction in the assess- ment of real and personal property to the amount of $500. This attempted repeal, it is obvious, is directed at the wrong statute.
" At the time of its passage the members of the Na- tional Guard did not derive the exemptions from sec- tion 146, chapter 334, laws of 1864; but such exemp- tions were given by the provision contained in the law of 1867, above cited. It has been suggested that, al- though the wrong statute is named in the repealing clause, that there is enough in the reference to the subject-matter of the provision to effect the repeal. The subject-matter recited is as variant from the exemption deelared by the law of 1867, as it is from the description of the statute. There is no exemption from highway taxes, as such, provided in the enactment of 1867. There is a six days' exemption declared in the act of 1864.
" The provision in the paragraph of the Appropriation
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THE EXEMPTION LAWS NOT REPEALED.
Bill, which declares that section 146, chapter 334, laws of 1864, which exempts members of the National Guard from the payment of highway taxes, clearly identifies the provision of the section and chapter specified by the subject-matter referred to as the one intended to be repealed, as no such exemption is contained in the act of 1867. ,Again, this paragraph provides further, 'and which entitles them to a deduction in the assessment of real and personal property to the amount of $500 is hereby repealed.'
"By the act of 1864, the exemption of property allowed was fixed in all cases at $500. By the act of 1867, such exemption, when allowed, is fixed at $500 each, to all officers, musicians, and privates, except cav- alrymen, artillerymen, and mounted officers, who were each entitled to an exemption of $1,000.
"From this comparison it is obvious that the subject- matter referred to is the exemptions contained in the act of 1864. and not those contained in the act of 1867. It is difficult to conceive of the reasons for repealing the lesser exemption to a portion of the members of the National Guard, which would not operate equally to influence the Legislature to repeal the greater exemp- tion of $1,000 given by the act of 1867, to the other members.
" It follows that the above clause, in the Appropria- tion Bill of 1869, does not at all touch the exemptions declared by the law of 1867. but that the provisions of. that statute remain in full force, because its language as to the number of the chapter of the law, and its refer- ence to the subject-matter, is expressly confined to the act of 1864.
"It is suggested that the paragraph in question shows a clear intention in the Legislature to abolish these ex- emptions. If this had been their intention, why was not the repeal directed against the statute under which such exemptions were elaimed ? Exemptions from high- way taxes were given by the act of 1864, which were not given by the law of 1867.
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THE EXEMPTION LAWS NOT REPEALED.
"The Legislature may have thought it prudent to repeal them, and also the exemption of the $500 of property, expressly, for greater certainty, although such exemptions had, in effect, been already repealed. If it is argued it was the intention of the Legislature to repeal these exemptions, the short answer is. it has not done so. (The People vs. Bell, 38, N. Y. Reports, p. 386.)
" It is a rule, fundamental and universal, in the con- struction of statutes, that a repeal by implication is not favored, and the earlier statute remains in force, unless the latter is manifestly inconsistent with it, or unle -; the latter act take some notice of the former, plainly in- dicating an intention to abrogate it, and that a con- struction which repeals another statute should be very clear, especially when the repeal is of a part of a statute, and it seriously mars the harmony of a system.
"I am of opinion that all the exemptions to members of the National Guard. declared by section 146, chapter 502, laws of 1867, still exist in full force and are un- repealed.
"State New York, Albany, July 22, 1869.
" M. B. CHAMPLAIN, Attorney-General."
F8349.534
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