{ title: 'The Malone palladium. (Malone, N.Y.) 1863-1909, July 09, 1908, Page 8, Image 8', download_links: [ { link: 'http://www.loc.gov/rss/ndnp/ndnp.xml', label: 'application/rss+xml', meta: 'News about NYS Historic Newspapers - RSS Feed', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-8/png/', label: 'image/png', meta: '', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-8.pdf', label: 'application/pdf', meta: '', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-8/ocr.xml', label: 'application/xml', meta: '', }, { link: '/lccn/sn83031566/1908-07-09/ed-1/seq-8/ocr.txt', label: 'text/plain', meta: '', }, ] }
Image provided by: Northern NY Library Network
• asfc /sp< ten-day* is©*iee-ef such hearings A, of <h»' application and the- notice ' ?tea$ arid pisca of heaping shaH be? en the man to the-same manner togs for duty are given. •The discharges hereinbefore /spi shall be issued by the officer rfailjiwjal to approve the enlistment of ttjk Hrao da charged, or in the case of a/ post. hoi. commissioned staff officer bsf tiie majof- general. 7 -, | The eonMBoadlng officer /naval ESiHtii for organisations of the na/c-at CHBtia,. n§ above specified. / . I Afi enlisted naa who eointto.ues ttt ,-servie after the expiratio* of Bus term .off onlfsf- merit, or re-euHstmant/ ahaB, fa case i -v ! . : itasm'w i^mr^om^%^-'Mm^iiim' desires * discharge ttea to writing of ap; 8S® officer authorise' *nd such officer graat such discha/rge ths same until teen days. Art for service and Issued am S 104- War der this the active States servjtc* fifteen days' n<J >lfcaStm therefor r-*fe :h ,vi 6E&fi'SS^&^' , '^ , 2C»—-\S: fw*1WMB»,-.mi.«*«rtt an*- persd*.** foHo^- ^^ ? ^ y . b *.* a W*.'&r **ty.aa' J^*?^* j*-OTd«\ out % teoops.urtcteV. ^EJtnep by statins the substance <* «w W*f£,» or ^'\S «** order to the parses EKf*\ °? **-Wh*rlmr'a. copy of sueh SS^TJ* ^ P 6 *^ 1 * °* by* leuvtog a S?.S sa<? > °** ei * « th e last fcHowu ESS 3 1? a6oap or Cosiness off such person »»t* some one of suitable, ago ana dia- «S2LS?~ nisft 5? cpftta&diiff the substance ; tin' Jtomw* shall be to,aha • bis/ command, when required by tarn or Ia*iUll& ordered; by bia aupejriox tnlBcor, tt Neglect or, refusal: to make a draft or detachment when lawfully ordered; to .do-so,,., 12. Paradtog tfie troops under ^iia com- mand on days of election.contrary to law. m. Becalylns any fee or gratuity <or a^y- certificatev * 14 Neglect*#Ae» detailed to\ drillor to- to ©artf; the Bamfc S M£T i? ^S?5 JP^sw *y «>aa. dJrectda ottucfc a commajidi, t» mate oomplaiht for Ki3 act,. itia' /, / * / / to fife diacretfi forarmta. or ho; expJratlo\a ot said f»i ma» shall b» fcel dfechargs is grant! deBvered. T !e.—For all piwpoaai cers and eallsted men & who eirtered the tTnltel ia tb * SpaHish-Amertt war. snail,/on re^enterfag t!ha active Oa. be enitiajed to eredtt for Qan __ in the fofce* of t&e> United States la th; war as ft- tM» servlca had beaa raadi to the /offiw naatJ*. * Serrtfl» «# the National Goard and M» HiHaa. Saiteffoa tt«. KesponafbiUty for afSdeai for/service. •px. Drffia aiid parades; /112. SiaaB arms practice^ . ' m. Camp and field service and crulaea.! 114. tostructioa to United States forta. | us. civil ofllcers who? may can o n com* , maaaiar officers fo* aid, and conduct of / national goard and naval mffita ofecera.| / ' SB. to case of insunreotion or invasioii.f 117. Warning for duty. § H& Sxcuses from duty. I 115. Discipline and exercise. 1 12ft. Orsaasfeation of depot battalion. . A f S lift. Responsibility for efficiency fa •ervtca—The major-general and the t. iriantBng officer of the naval mHitfe mi each cause those under his command perform any military duty he may r<_ quire and shaH be responsible to the «ov-| ernor for the general efficiency of thel national guard or naval maStia and for! the driB. tostraction, inspection, amalll arma and artillery practice, movements,! operations and car* of troops. ? i> Brigadier-generals shall be responsible! to^the major-general f»r the equipmeat,q drill, instruction, movements and efllcien-i cy of Uieir respective commands. i All other commanding officers shall beu responsible to their immediate comm*nd-| ers for tfte equipment, drill. Instruction,!.' movements and efficacy of their respeo-^ tive commands. i i Kvery commissioned officer add enlistedl man shall be responsible to the officer! nnder whose immediate command hejj serves for prompt and unhesitating obe-)| dience, proper drill and the preservation j, and proper ose of the property of th«i; United States, state or organization to his I possession. • i . S m. Drills and parades-Officers and1- new 0r * ani \ a *? 0 J!!; enlisted men shall be obliged to perform 1 ART] dortog the year not less than twenty-fouj|. compulsory drills and parades, including; Inspection and master. In addition m such drills and parades, a commanding] ' officer may require the officers and enlist-) Mair » t aftf feat known plaee of atjoda neglect or viotadois of dutsir as provided or ousffiess or to the post-efBee nearest by law* or for any cither neglect for which, S«^ e *S, StH * ' w ^Tnl«S may Be given by a coinmandinaj officer would he U»ble. ^ °2 C <*' °f noji-commiaBtcjhed mem 15, Sleglect or refusal to march, to Zt£L a ^ XS1 ' 01> Wn-commlssfemea offtcer wake av draft, or for disobedience to an - such warBfaig shall make a retort I order* in case of reheUloa or Insurrection. ttr .T^L: :*f -.^gw;h«fore aievcnttrft, \$m^ait'-&; LPly-ifa* *im ft'tnt W* *f &i Mttonal! thereof contatoteg the names of the per- 80W wamea, and the mm, piac* ana manner of warning. Such return shall be verified By hl» oath, whleh may be ad* annfetered By any eommandtog offlceri sach veriiied retura shall »be a^ gooa evi- dence, ©a the trtal of any person returned t *f a dfJNwwn* of the facts thereto am* ed, as if such officer or non-oonsmtssfoned ofttcer h*d testified to the same before the delinquency court <m such trial. Kv- ery' cwnanaadms officer shall make the Jk« return, on honor, and with BSe et- feiSt; of every deUnqfaeacy and neglect of duty of ha officer* and non-commisaloiied officers, and afao of every enlisted matt who ahajl refuse or neglect to? perform such military duty as may be rehired. t 118: Excuses from duty^—\Ehe officer ordering any military duty shall have, the flower to excuse any officer or enlisted man for shsence ' therefrom upon good and sufficient grounds. The governor or major-general or the commanding- officer of the naval militia, with the approval of the governor, may relieve any organisa- tion of the mmaa on active duty from, the further performance of such duty, and may order any other organisation to perform each duty. i It*. Discipline and exercise,—The sy*. tern df discipline and exercise of the na- tional guard and of the naval millti* of. this state shall conform generally to that «f the army and navy of the BnKed States, respectively, as it i s now, or may hereafter be prescribed by the president, and to the previsions' of the laws of the United .States, except as otherwise pro- vided In this chapter. I ISO. Organization of depot battalion.— When a regiment, the companies serving In a coast artillery district, the organ- ized battalions of the corps of engineers or a squadron or battalion not part Of a regiment shall be in the actual service of the United States, the governor shall or- ganise a battalion to take the place of a regiment and such number of companies, troops or batteries as he may determine te take the place ef other unite; Such new organization shall not be called on for duty outside the state, but the mem- bers thereof may Be transferred to fill vacancies in the unit represented by the ed men of his command to meet for pa rede, drill and instruction at such ttmesi and places as he may appoint- When the drill or other duty of a. command Is by battalion or detachments, and the whole command drills in this manner in the course of a week, it shall be deemed one drill of the whole com' mand. No parade or drill of the motive militia shall be ordered on any day dur- ing which any election shall be held, ex- cept En case of riot, invasion or insur- rection or Imminent danger thereof. 8 112. Small arms practice.—To eneour-, age* martcmanship. the governor is author- ized to offer annually a state decoration to those who shall excel in small arms- practice; a pri^e not exceeding three hun- dred dollars in value, for competition among the organisations and corps of the, national guard and naval militia, armed: with rifle or oarbine; a prize, not exceed- ing one hundred dollars in Value, for com- petition among the organizations and. corps (1) attached to the division © of each brigade and (3> of tile naval militia, armed with rifle or carbine, and three prizes of the value of one hundred dol- lars, seventy-Ave dollars and fifty dollars,. respectively, to be awarded to the three companies 0) in organizations and corps attached to the division. (2) in each bri- . gade and (3) in the naval militia, having • the highest general figure of merit. The , governor may also to his discretion pro- | \ lde suitable decorations aad prizes for proficiency in practice with light and heavy guns All such prizes to be com- peted for under regulations prescribed by the major-genera' or commanding officer of the naval militia approved by the governor. Members of any staff corps, corps or department assigned to duty with any command shall be considered a part of such command for the purposes of the competitions hereto authorized. | 1U Camp and field service and cruises. —Tne governor may cause the national guard and the naval miliua, or such por- tion thereof as he may select, to perform at least Bve consecutive days of camp,' field or cruise duty in each year, under such regulations as he may prescribe, and such instructors as he shall appoint for s-ich purposf Cruise duty ordered for the naval militia may be required to be performed on United States vessels. The navai mi.ltla when on Siicb duty shall be amenable to the laws of this state and to the .aw3 and regulations governing the navy of the United States. § 111. Instruction in United States forts. —The governor may in his discretion, or- der such organizations as he shall deem proper, to be stationed at such forts or other places as may be furnisned by the Vnited Slates government and may be convenient for that purpose, within the state of New York, for instruction in the management of artillery for sea and lake coast defense, under such Instructors as be shall assign for that purpose. } 116. Civil officers who may call on commanding officer for aid and conduct of national guard and naval militia offi- cers — In case of any breach of the peace, tumult, riot or resistance to process of this state, or loi-T.lnent danger thereof, a Justice of the supreme court, a county Judge or recorder or city Judge of a city or sheriff of a county, or mayor of a City, may call for aid upon the command- ing officer of the national guard or naval militia statJpned therein or adjacent there- to; such call shall be in writing. The commanding officer upon whom the call Is made, shall order out. in aid of the civil authorities, the military or naval force or any part thereof under his com- mand, and shall immediately report what he baa done and all the circumstances of the rase to the governor and the major- general or the commanding officer of the r.ava: miMt'.a, as tho case may be. If it appear to the governor that the power of the county be not sufficient to enable the sheriff to pr-serve the peace and protect the lives and property of tho peaceful res- idents of this county, or to overcome the resistance to process of this state, the governor must, oo tha application of the sheriff, order out such military force from any other county or counties, as la necessary. When an armed force is called out for the purpose of suppressing an unlawful or riotous assenih!y. it must obey the or- ders In re.atlon thereto of the civil offi- cer casing It out, and render the re- (julred a.d. The orders of the civil officer may extend to a direction of the genera) or specific object to be accomplished and the duration of service by the active mili- tia, but the tactical direction of the troops, the Kind and extent of force to be used and the particular means to be em- ployed to accomplish tho object specified by the civil officers are left solely to the officers of the active inii.lt la- i 116. In case of insurrection or inva- sion.—In case •).' insurrection or invasion or' Imminent dinger, thereof, -within'the limits of eny comioand. the senior com- manding officer of . such corrmahd shall order out for the-defense of the state, the ' lorces tinder his' command, .or any part ^ AKTICIJB vn. Ulhtary Courts. Section ISO. Military courts. 13L Courts of inquiry. 132. General and garrison courts-martial. 133. Service of charges. 134. Offenses of officers triable by gen- eral court-martial; penalties. 135. Offenses of enlisted men triable by general court-martial; penalties. 136. Delinquency courts for officer*. 137. Delinquency courts for enlisted men, 133. Fines for offenses against by-laws; company dues. 139. Oaths and procedure of delinquency courts. 140. Sununens to delinquents; service thereof. 141. Appeals from delinquency court*. 142. Payment of Ones and disposition J thereof. I 143. Discharge for failure to pay fine. j 144. President of court; vacancies; mem- fbers te be to uniform; sitting ot court. | 143. Collection of Ones and penalties. \ 143. Marshals; appointmsnt, bonds and jdutfes. I\ 147. Subpoenas, attachments, eommis- ?slons. f 143. Challenges; oaths et members. | 149. Form ef mandates; execution by jpublie officers. i 150. Commitments tor disorderly con- jflnct. 1 151. Attendance of judge-advocate; ac- cused may have counsel. I 152. Secrecy. I 153. Approval or disapproval ef sen- tence. ' I 154. Revision of proceedings; remission of punishment. I 155. Indemnity for action of military courts. ] 156. Presumption of Jurisdiction. ! 157. Naval militia. f § 130. The military courts.—The military ttrts of this state shall be: X. Courts of inquiry. 2. General courts-martiaL 3. Garrison courts-martial, 4. Delinquency courts, which are ef two ds a) for officers, (3) for enlisted men; ! 8 12L Courts of inquiry.—Courts of in- quiry, to consist of from one to three offi- cers of at least equal grade with the offi- cer, or with the senior officer if there be more than one, in regard to whom the cburt is ordered, may be ordered by the {governor or under his directions by the major-genera! to examine into the nature csf any transaction of or accusation or jiinputation against any officer or soldier. She court shall, without delay, report to Ike officer ordering it the evidence ad- duced, a -statement of the facts, and, when required, an opinion thereon. Any officer may request a court of Inquiry. ]§ 132. General and garrison courts-mar- tial.—General courts-martial may be orr dered by the governor or under his direc- tions by the major-general, and shall con- sist of nvv> officers, any three of whom shall constitute a quorum, but at an times a majority of the court most be of aj grade at least equal to that of the ac- Garrison courts-martial for the I of military offenses committed by listed men, when subject to the a«I- of war, may ba appointed by the eer thereto authorized by such artl- is, and shall possess the Jurisdiction d power to sentence and punish exer- cisable by such courts thereunder prior to the passage of the statutes of die United States creating summary courts, Sljch court shall consist of three officers. ajfd the oaths of members, the organiza- tion of the court, its procedure, and the record of its proceedings shall be to the ftfrm prescribed for that of genera) courts-martial convened under this ar- ticle. I 133. Service of charges.—When an offi- cer or enlisted man is put in arrest for the purposes of trial, a copy of the cttarges and specifications upon which he laj to be tried shall be delivered to him or s* provided by law. Ifi. refusal .ox^neglect teobey a precept or order to call out the national guard, or militia, or au, order issued to obedi- ence thereto, or for advising any officer o? soldier to^ do the like. 17. afaklna? a, false certificate, account, or muster or parade return. 18. Conduct unbecoming aa, officer and • gentleman, or for conduct to the preju- dice of good, order and military discipUhek On cojMrtcttou of any of the above of- fenses an officer may be Sentenced to bs dismissed front the service,, and he shall thereby, occoma incapacitated from hold- ing any raflltaity commission, fined to an amount not exceeding one hundred dol- lars or reprimanded or to all or either of such Shea and penalties. $ 135. Offense* of enlisted men triable by general court-martial; penalties.—En- listed men- may be tried by a general court-martial for the fallowing offenses: 1. Disobedience of orders. 2. Disrespect to superiors, £ Mutiny. «. Desertion. , 5. Drunkenness- on duty. 6. Conduct! prejudicial to good order end military discipline. 1 Any act contrary to the military code, or to the provisions of tha regulations for the government of the national guard. i. Violation of the by-laws, rules or reg- ulations of «n association organized pur- suant to this chapter except for non-pay- ment of fines and dues. 'On conviction an enlisted man may be sentenced to be dishonorably discharged with loss of time served, reprimanded, and If a non-commissioned officer reduced to the ranks, or fined to an amount not exceeding fifty dollars or an or either of sticb fines and penalties. 5 138. Delinquency courts for officers.— Delinquency courts for the trial of offi- cers shall have jurisdiction over comrniB- eioned officers below the rank of briga- dier-general for non-attendance without excuse at any drill, parade, encampment, meeting for instruction or other duty or- dered by competent authority and may Inflict a fine of not more than ten nor less than five dollars for each absence for a day or any pwt thereof. The governor shall order, or cause to be ordered, such court*, which shall consist of three offi- cers of at least equal grade with the ac- cused. J 137. Delinquency courts for enlisted men.—A delinquency court for the trial of enlisted den shad consist of one com- missioned officer, and shall have jurisdic- tion over the fonowtag offenses: 1. Absence without proper excuse from or tardiness without like excuse in ait- tending any drill, parade, encampment, meeting for Instruction or other duty or- dered by competent authority. 2. Disobedience of standing orders. 3. Neglecting to take proper care of any arms, equipments or military property, or wilfully injuring or destroying any arms, equipment or military property whatever. The court may Inflict fines as follows: <D For absence without proper ,excus» from or tardiness without like excuse in attending any drill, parade, encampment, meeting for instruction or other duty or- dered by competent authority, a ftno not less than one nor more than five dollars tor each day or part thereof of such ab- sence; <S> foV any- other offense, a flna not exceeding ten dollars, and in addition a stmt equal to the value of any property last or destroyed assessed by the court The commanding officer of a regiment, or a battalion or squadron not part of a regiment, the colonel of the corps of engi- neers and the ranking officer of the coast artillery corps commanding an artillery district may each appoint s delinquency court or delinquency courts for the trial of the enlisted men of his command and of any detachment or department attach- ed thereto or detailed for duty therewith, and shall designate the organizations, de- tachments and men subjeet to the Juris- diction, of each court. The commanding officer of each brigade may in like man- ner appoint a delinquency court or de- linquency courts for the trial of enlisted men of any organisation, detachment or department under hi* direct command and gfisH designate the organisations, de- tachments and men subject to the juris- diction of each court The major-general may In tike tumtmet appoint a delinquency court or delinquency courts for the trial of enlisted men of any organisation, de- tachment, department or corps not here- in provided for and shall designate the organisations, detaohments, corps and men subject to the jurisdiction of each court. A delinquency court so appointed shall he permanent and continuous. The officer authorized to appoint such court may At pleasure detail and relieve there- from a a officer to hold the same. Pro- ceedings pending before the court shall not abate or be suspended by reason of such relief or hew detail, and a n officer sd deified shall, have full power and authority to do and perform all acta nec- esaaryAto complete any proceedings pend- ing before the court to which he was ap- pointed, and to carry into effect any judgment; «S*«date, order or process, taade or issued by such court previous to ilia defafl. \Eh* court may te hold at mjch times end in such places as the offi- cer holding it «hay direct. The officer constituting, the Court may appoint, and at any tfciie r|nieve a clerk thereof* who shaH reeelMtaf. reasonable Compensation, tor Be fixed by such officer with the ap- proval of the officer appointing the court. $ 138. FMe« -for offenses against by* laws; cotrrpahy dues.—Fines for offenses against t&eUS&iawai rttles and regula- tions «f *ay •assftelatlon organised-pur- iruant td-this chapter arid dues to such an asaectattonuc^?3teeedteg in BJB^*|W*O> «y-fiv» doIMriitjniar %>§• returned to 4 de- linquency. ;co»r* by any officer ofj'suohi a^oeiatSon»Jtogether ««ti» * fiPPSrj* ***& bylaws, H#Sftim<i WguteHqna.. *&* 6ourt itts|^e«te;«Wi1h#,p^sora dajreterftett to; pay such foe* and dues and enforce euctt aeatesce to fh#«an»e rnanhera*a.flne for mens, auau b».tnade•«« delfvertog leaving; wt^: each deltoqftimi '» ireof, or by- Ieavmg a copy at ht last known-place,of<'abide or bualncsL or in town* or citft^-in^hich theie Is I ppstol delivery by ntaUinis to hfth a copy •dlrectc* to hls-'^st Ito^wttpiajcfe of abode or business. • ' - '• .- ' i • • • ..',•. .: $-UL appeals from delinquency courfiBi —& perBoh sentenced by. a dbun^ttcacy. «pu»t shall, be notified?of the^sentence either by the statement of tho same to him by the president of the court, or by service on him of « Wrltton or printed noV Uce of such sentence > person sentenced by a delinquency court-may appeal to the officer who .ordered the court or hjssuc.. cessor in otHhmaad by serving: a written notice of appeal on the president of the eourt withto flv* days after notnleatteh of th* eeateace; The notices, authorizes by thi» section, shall be served, fa the manner prescribed in this article, for serv- ice of a summons on delinquents except that a notice of appeal if malted shall Be addressed to the. armory or military sta- tion of the president. The record in the case appealed shall be forthwith trans- mitted by the court to the reviewing} offi- cer who shall hear and determine the appeal within ten days after receiving such record. The reviewing officer mas remit or rattigate the fine or penalty re- viewed and IB hearing the appeal ha shall possess the same power to take evidence, admlm>ter oaths and' compel witnesses to attend an£ testify and 7 to punish theft failure so to do as the court whose sen- tence Is appealed front possesses, jro sentence of a delinquency court shall be enforced until the proceedings and sen- tence of the eourt have been approved by the officer authorised to review the same. I 142. Payment of fines and disposition thereof.—Fine3 may be paid to the pres- ident of a court or to a marshal thereof, and to a definquaney court the president •ball record the fact in the records of the court A fine or penalty imposed by a military court upon an enlisted man shall be paid by the officer collecting the same Into the treasury of the county within which the organisation, detachment ot borpS of which the person paying th* same is a member or to which he i s de- tailed or attached is located within thirty days after the collection thereof and shaH form a part of and be credited to the mili- tary fund of such organization, corps or detachment. A fine or penalty imposed on an enlisted man of the coast artillery corps or a maa attached or detailed there; to or serving therewith shall be paid to like manner into the treasury of the coun- ty in which the artillery district in which the person paying the fine serves is lo- cated and shall be credited to the military fund of such artillery district. The treas- urer of such county shall thereupon re- port the amount thereof, designating th« organization to which It belongs, to th« adjutant-general of the state The amount of fines or penalties so collected from any camrnisaioned officer shall be paid by tha officer collecting the same, to the adju- tant-general of the state, who shall apply the same to the use of the national guard. S 143. Discharge for failure to pay fine.— An enlisted man fined by a military court j who shall neglect or refuse to pay sneh fine within thirty days after the same was ' imposed, may be dishonorably discharged i„l,>M.,[iri,ij l ii|., •>••»-*••*-»--• -t.s IgUardL , •—- -7— i. -~—. ..™,-,™» „..,•, '•'%: WS. Challenges! jsath*i\dfi members,— enpy^ereof^ w b y ieavmg a copy a t Ms ;i ;T6e ^oxm-ix^'atio^ W l*l&&~'1hm : :ixfr ducted an* resnfded and tfte ftjrms at oaths aafl/affirmifthriar taken to the ad- , toih^aftoxt W- SmTitir3r- u**; bjt mich; courts, shall' la. all respects, except a» dtherwM MCCWBC provided; hereto fljj ja; the rejmattonat raMa hereunder, conform te the law. .'and 1 pjro<edure of • the courts- martial at' fl&tf United State*; After- the challengejr. Ef. any, - hive been made and detexsala^ tie tireaident of* the court; air the Judgeraavqcate shall adminlstier the oath to the members of the court, and q»9 «i»t& sJ^b^a&i^steTea; t<t W» i»- turn by one of the\ sworn members; The oath shall he administered in Che pres- ence of the accused, unless after notice he falls to appear. lit casa of a general cour^martlal,, each member shall take an oath to the ef&crt that he will faithfully- try, and detertniiie,. according to evidence. the matter betor* hiai beftt*en th«,«eos pie of tie ttWha.df>$Tti» xqr« audi the prisoner to beitriedi.an* that he WMT duly administer, justice according to the: es- tabBsaei rules of law for the government of the military forces of the statp, and th* jno^s^voteta shall fake m oath; ttf ffie effect that he witf faithfully discharge the dutls* of Judge-advocate of such court according tb the established rules of law for the gavetertfeat of the military forces of the sUte. Except as otherwise spe- cifically provided in this chapter the pres- ident and judge-advocate, if there be one, of every' military court and board are authorised to administer on oaths taken by such, court or board or by any person or la the course of its proceedings; 8 149. Form, of mandate; execution by public officers.—Military courts are em- powered to issue all process and man- dates, including, writs and warrants neces- sary and proper to carry Into fuQ effect the powers vesjfed in said courts; Such process and mandates may be directed to the marshals, of the court, the sheriff ot any county and the constables and mar- shals of any town or city, and shall be In such form aa nfay, from time to time, be prescribed by the governor to the regu- lations issued by him under this chapter. It shall be the duty of all officers to whom such process or mandate may be s o di- rected to execute the same and make re- turn of their acts thereunder according to the requirements of the same. The keep- ers and wardens of all city or county jails shall receive the bodies of persons committed by the \process or mandate ot S military court and confine them in the manner and according to law. Except as otherwise specifically provided in this chapter no fees or charges of any nature shall be demanded or required to be paid by the state or any military court or member thereof or persons executing its mandate or process by any public officer for receiving, executing or returning any such process or mandate or for any serv- ice in. connection therewith,. or for receiv- ing or confining a person to jail or cus- tody thereunder. 9 ISO. Commitments for disorderly eon- duct.—Any person who shall be guilty of disorderly, contemptuous or insolent be- havior in, or use any insulting or con- temptuous or indecorous language or ex- _ . presslons to or before any military court, from tha service by the officer ordering i or any member of such a court, in open ;:rr*rT ... v . the court without allowance of the tim« served; and shall' 1 thereby bs disqualified from serving fn the national guard for a period of five years. I 14*. President of eourt; vacancies! members to be in uniform; sitting of court—The president of every military court shall be the member of the court highest to grade and rank. Whenever a military court consists of one person, h« shaH be deemed the president thereof court, tending to interrupt Its proceed- ings or to impair the respect due to Its authority or who shall commit any breach of the peace or make any noise or other disturbance, directly tending to interrupt its proceedings, may be committed by warrant under the hand of the president of the court to the jail of the city or county to which said court shall sit, there to remain without bail la close confine- ment for a time to be limited not exceed- within the meaning of this chapter, to tng three days cad until the Jailor's fees the absence of the president of a military court, the senior officer*present shall pre- side; with all the powers of president. AD the members of such court shall, when on duty, be in uniform. The court may eft without regard to hours, and may ad- journ, from time to time, as may be neces- sary for the transaction of business. Any vacancy In a military court may be filled by fha officer who ordered' the court, oi his successor in command. S 145. Collection of Ones and penalties.— For the purpose of collecting any unpaid lines or penalties imposed by any military court and approved by the reviewing offi- cer thereof, the president of the court be paid. I 1GL Attendance ef judge-advocate; ac- cused may have counsel.—In courts of in- quiry sad general courts-martial, a Jndge- advocate shall attend. In delinquency courts and in garrison courts-martial, the Service of a Judge-advocate may be dis- pensed with, and In garrison courts-mar- tial a member of the court may be desig- nated to act as its recorder. In all the courts provided by this chaprter the ac- cused shall have the right to tha assist- ance of counsel. Any commissioned offi- cer may be detailed as Judge-advocate of • military court. f 15Zv Secrecy.—The members and Judge- shall Issue a warrant or warrants within advocates of military courts, except de- twenty days after the expiration of the Hnqueney court* shall keep secret the time to appeal from such fine or penalty proceedings and sentence of the eourt un- „„i„=« „„ ,.„ n .,»T ».»«<<°°- •»i~™, «-, ^w.t Qj y^ 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 un- less required to give evidence thereof by a court of justice. g 153. Approval or disapproval of sen- tence.—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 disap- prove thereof 7 . The sentence of the court shall be published In orders as approved or modified. t 154. Revision of proceedings; remission of punishment—Every officer authorized to approve or disapprove the proceedings and sentence of a court-martial is author- ized to reconvene the court and send back its findings and sentence, or either of them, for revision, and to remit, commute or mitigate sfny punishment awarded by the court § 155. Indemnity for action of military courts.—No action or proceeding shall be prosecuted or maintained against a mem- ber of a military court or officer or per- son acting under Its authority or review- ing its proceedings on account of the ap- proval or' imposition or execution of any gentene* or the imposition or collection of j et his last known place of abode or left- - business, within twenty days after bis arjreat, and a court shall be ordered for bib trial within thirty days after the ho- ti|e of arrest Is received by the officer authorized to order the court If a copy off ths charges and specifications be not served, or a court be not ordered within tit» time herein limited, the arrest shall cease, but such charges and specifications mjiy be served, a court ordered and the officer or enlisted man be brought to trial w|thin twelve months after such release frfiin arrest The appearance of the ac- cused, without objection, and pleading to th* charges, shall be deemed' a waiver of any defect or Irregularity of such service off any of the papers mentioned In this section. ... 1134. Offenses of officers triable by g*m- er|j courts-martial; penalties.—Commis- sioned officers may be tried by general coHirt-martial for the following offenses: 1> UnmlUtary or unofflcar-llke conduct. ' j| : Drunkenness on duty. & Neglect of duty. 4> Disobedience of orders or any act con- trary to the provisions of this chapter, or to' the provisions of the regulations for tb9 government of the national guard. % Refusln* to grant a discharge to an enlisted man when entitled to the same., f Oppression or Injury: of any under' bis command. : £ Conspiracy errattempt to break, resist unless an appeal has been taken in which event he shall issue the same within twenty days after the appeal has been disposed of and notified by the reviewing officer to fafm. Such warrants shaH b« returnable in ninety days'from their re- ceipt by the officer executing fhent, and they may be renewed\ from time to tim» thereafter for like periods by the presi- dent of the court No property shall b« exempt from the payment of such fines and penalties. In default of sufficient per- sonal properly to satisfy the same, the officer executing the same shall take th« body of the delinquent and convey Bint to the common Jail of the city or county in which he may be found, whose Jailor shall closely confine bun \without bail for two days for any fiae or penalty not exceed- ing two dollars, and two additional dayi for every dollar above that sum, unless the fine or penalty together with the costs and jailor's fees be sooner paid. No such Imprisonment shaH extend beyond the period of ten days, and the prisoner may be liberated at any ttma by the order of the officer who ordered the court that im- posed the fines or penalties. S 14S. Marshals; appointment, bonds and duties.—The president of a court-martial or delinquency eourt may appoint by war- rant under his official signature, and at any time remove, one or more marshals, each of whom shall, before entering upon his duties, execute a bond to the state is the penal sura of o«» thousand: dollars, with sufficient sureties, to be approved by the president of the court appointing him. for the faithful performance of his duties and the prompt payment of all moneys collected by him. Each marshal ehall perform the usual duties of such mar- shals, and shall exeeutef any process, mari- date or order issued by such president or eourt, «ad perform a3l acts and duties by this chapter imposed on or authorized to be performed fby any sheriff, marshal Of, constable. A bond given as herein pro- vldedr may be prosecuted for breach of the conditions thereof, to the name of the people, by a judge-advbeate, and all mon- eys recovered shall be paid to the mili- tary ftmd injured. S til. Subpoena, *tta0hments; eommis- Slons.—Each military court shall have the same power to eoffipel; by subpoena* .by subpoena duces tecum and by attachment tfc# 6*te»d«M» of witnesses- Beth emiiim m& military and the production of books, papers and documents and to punish-for contempt ft witness duly subpoenaed for « military affense, Such fines..of dues ,,. _ ... ; «heh collected jsnatt b* pafct M the treasy ^en-<s.tteuaance OT refusal to be sworn or urtifor fthahdiai iecrefafy' of the dssocl- testify of t© ptodae« Books, paper* Jin* atid» o^wbioh. the person rowing the aame '\ \ —- 'w*A'4'~memb«fe . \ ,• ' ..-'j.„ .-. • i m. Oaths: nh* procedureiof delinquea. cy courti^tala'* entering tijieiit «* 6% tie* «*eh mkamt of * deltoqUto^jf caul* shall take i» eath ot office to tie effect thai he wUtwett «i»4 tfuiy try and deter- *b!he> ac&jBt4iBE to widened, all ««» betw;ee* ifi*-.jrtctfla of the state of* New srorfc. «aeV f»* person or p^» who- t««B : 4#K»fr *#&» the ^oourr to w\hleli Be is eppoSrted, This -oath need' act be tak- en in the fer^ianctot dfliaauaif*«iS nig » taken b*for« aa* tffheer *utfc«S*efi bjr . %w to ta*# ajekfloWerfgrheato Of deeds, or •efore % fieift «fflcer or the cortian^adto* nicer of a iHgadeV all o;f wuoto ,shaH ad« minister tfiS oath without fee; •Whffls tba fdurf l*,cum»BSed Of three officers'-tho luffior •'WawbeV'!iffiay s^iruWer tfc# earn to- the siaiftr «ieihbe*« w»t> to thro -inSy edmitilster it - : i&M4 otfie* niembefti; Tfts court shall feecp:reeetlaashbwihgtbecuiasa' tried - ana the: findings and sentences therein but tSo evidence taken: need fecit be recorded. No challenges shall b» al- lowed to--such, ^eourt«- nctf\ Shall fprraat charges or- tpvclicaaohs -be require*- -T£a -retura -ef ,de3Ihqtteata 'eiai of' fines -and \dtfes uaaer dssr'tjelaeaa bylaws/shall tajas their-'ptaca,• dftd. ehaii ba^praia facie ovl^ denca; .of. the facts therein statedV ; 9 m- Saiirraops. to. denttaaehta;- service -thefeof.^Jli^ tircsid'sbi of- \ft OeliaattSRcy court shs.ll' .dejwgnate and' direct\ a- fit per- dacutoeato as ti» possessed by the supreme a*ur* of t)iu* state. HUitary courte «b*» Ale* hive power to take by commission the testinjoay ,of witnesses who cannot reasonably be produced at th* trial to the same extent as the supreme court afore- said. Commissions and subpoenas may' be is- sued *fld witnessed by the jn-eBiden* or judge-advocate, if there be OH*, of the eourt, both before and after being sworr for wltnesse* whose attendance or test! rflo&y before such court may be necessary to behalf of the peojftle of this state, and ott appHcatioa in behalf of any person to be trial by such court; and the: president <jr* jtidge-adydcato may direct any «>»» fesudiHis' officer., to- cause suoh subpoena to be\ served on any person under hl*«Joat- -rilaad- ' ,-' ' • ''' '•'•. A witness 7 not appeartag to Obedience id. * subpoena when served Jjc*«6h4liy wlfft a copy' of thi'eame. arid not bavins eofficlent excuse, shall forfeii to the^ec^ piw of the state tad «»m of -twe«ity-flv*« dollsrs, The president of each court Bhail* froxa -ttotfl' to thnei- iepo*t to the cffiGer Oi-* .aerlng.the court.\ the names of ail' eUch- iiaJiflquerit. -witnesses, together with tho aaiae aud place- -tit- residcnco of ths. per- son' serving, etch' rabpwena, and & ju^ss-' a3vocito may sue 'for and r6cov<!r Bach. penalties in ths name of fha: peoplo. 3X6n- «ys recovered ehafl- 1$ paid to .ths *f«o- urer ftf the et&io to the credit' of 'thft ad' •-.-', I IBS. Bulf-d^syura^arrir.r--Aoy 7i coi4mT«nd toay, wM tweonaeat of the goveraor* adopt a f^-dreCT uniform of; itsj own tsM& ; at.;«a -ciwn'-.eipsnee., T* BHclr.'COBltn'ana, sftch portsjns- of? the state ualforir* foay bo Issued! as the\ governor aiiiy dfecct.. ->.. t W. ^p^ousifiiltty for public: ijirap.eSfiy? •p-Bvery, officer and enlisted maa- tba \Whoa* PUblio projert^ t»f tho; statehas beeil W encd;, fluUJI:. bq pei^oaally' re^poBsiWe\; to' the BtMte for: such property, and no- one shatt-be relieved; froira such responsibility, except It bo shown to the satisfaction of th*goy^riior:iHat' the Ms-ocdestructioa' of such property was unavoidable and -ft*. ao. way'the; fault of the pejrsoa resptinsj- ble for th« samer to alt other cases ta«j value of the jjrdnert^ tost or'a^troyed in the amount determined by a board - aa hereto provided-shall bo charged: against the, person at fault or t o the corhinand to or for, which it! had been issued; and if not relieved iff oar such charge: by the gov* ernor, it shall be ait- indebtedness, from such person or* command' to the state. .The value of lost or destroyed property sind the person or command to be charged therewith, shall bo determined by a board to eonsiec either of'au trtspector oft the staff of the major-general or the*- com- ntthdint officer of the naval militia, or of % dlslnterefted officer who sfaaU. be ap- pplnted by-the major-general or the com- manding officer of the naval militia to serve oh such board, and the commandlns officer of the organization) la which such property is lost la case of disagreement a third officer, not below the grade of major, shall be appointed, by the major- general or the commanding officer of the naval militia, and a decision of a majority of the board so constituted shall be final. Where the amount determined by such board as the value of tost or destroyed property Is charged to a person tt shall be deducted from any pay or allowance due or to Become due to him from the state; and where it i s charged to a command It shall be deducted' one^half to, successiva calendar years from, any allowance or money due or to become due to it from the state; except that oa the disband- zaeot of a command any such indebted- ness then existing and such as may be charged to it upon a final settlement of property 'accounts shall, aa soon as de- termined, be paid out of its military funds or unexpended appropriations:. An action may be maintained by the people of the state in any court having? Jurisdiction thereof by the attorney-general upon the request of the adjutant-general- of the state to \recover any .suoh indebtedness from a person to the state remaining un- paid at the expiration of oo» year from its determination by a board under this section. t 170. Purchase of uniforms and equip- ments.—The adjutamvgeaerai ot the state shall advertise for bids in the m^nor provided in subdivision seven, section six- teen of this chapter, for the furnishing and making ot the articles of uniform, equipment, military and naval supplies, in accordance with the regulations approved by the governor and specifications adopted by the state. Bidders shall be informed of the kind, quantity and quality of articles required and of the time, place and rate at which they are to be delivered. Bid- ders shall also be furnished with such specifications as have been adopted, and will be permitted to examine the standard samples at the places where deposited. No accounts for furnishing uniforms, equip- ment or military or naval supplies, shall be audited unless accompanied by the cer- tificate of aa inspector detailed by the major-general or by the commanding of- ficer of the naval militia, to the effect that the material .used is of the quality prescribed by the governor and that the articles are well made as specified in tha contract under which they are supplied. ARTICLE EX. Armories. Section 180- Supervisors to furnish ar- mories. 1SL Local armories. 133. Expenses of erecting, improving and furnishing armories. J83- Armories to the city of New 7orlc 184. New sites for armories in the city of New York. 185. Acquisition of Bites by boards of su- pervisors. 186. Control of armories. 1S7. Armorers, janitors and engineers. 1SS. Laborers. 189. Compensation of employees to arm- ories. 190. Armorers and employees for naval militia. 191. Armories for naval militia. 1%. Use of armories. 1S3. Definition of armory. 194. Headquarters for regiments and bat- talions composed of separate companies. 195. Inventory of property. | ISO. Supervisors to furnish armories.— Whenever tt shall appear by ths certifi- cate of the colonel of the corps of engi- neers or the ranking officer of an artil- lery district or the commanding officer of a regiment or battalion or squadron pot part of a regiment to which any troop, battery or company organised under the provisions of this chapter belongs or In the ease of a field hospital, ambulance company, company of signal corps, sepa- rate troop, battery or company by the certificate of the commanding officer of the brigade to which It is attached to- gether with the certificate of the major- general or by the- certificate of the latter alone where the organization is undef his immediate command that such field hos- pital, ambulance company, company of signal corps, troop, battery or company uae at least the minimum number of en- listed men established by this chapter who can legally be required to perform the duties prescribed thereby the supervisors of the county in which such field hospital, ambulance company, company of signal corps, troop, battery or company is lo? a fine or penalty, or the execution of any i cated shall upon the demand of the com- warrant, wrfti executions, process or man- date Of a military eourt i 15*. Presumption of jto^dTctlon.—The Jurisdiction of tho courts and boards es- tablished by this chapter shall be pre- sumed and the burden of proof shall rest o» any: person seeking to oust such coorts or hoards of jurisdiction in any action or proeeediag. 5 157. Navat mflitia^-flPhe provisions of this article shall apply to the naval militia except as otherwise provided in this sec- tion. Delinquency Courts for officera shall be ordered or caused to be ordered by the goveradfV JDetftiqueaey courts for enlist- ed men shall be appointed by the com- manding officer of each battalion for his commend and In case of a division not a part of a battaIton--by the command- ing officer of .the naval raBiHa*. Au officer' of the naval militia may be as- signed to act as judge-advocate of a gen- eral coUrt-aiartiai- or court of inquiry. •General £«uirt*rn»f1ia!. ctrarf* of inquir^ ;ahd dcliaqueaej' courts-for officers rhay be wholly or partly comoosed^ea officers Jttoior fri raak to the officer to be tried or investigated where in the Judgment of the officer appointing the court tne Interests df the tfervlcVSfc require- Soardeapswint- ed for th*: r»av»InuTIUa imall be composed of officera of such grade or rank as the officer appointing the board may defer-, nitoitfdr e*ch occasioa. \ '; -' \--'''\ ,''• £R&eiiE? VXtt- Ams, Uniforms and Equipments: for th* •; NftHd&W<3«*rd *ad Navii^aHlttia; : . Seotioii •iHH., Cfrs^mixatioas; - SS3, Commissioned Officsra • Ml BaMrfed&aa.- ' ' .••':•- '•-iiS,, •jTiuii-dresa auifornj. - *• , - IS?; ^ipoiiJibiyty for publlo property/ . 170. Pnrchasa of aalfbrms -arid equipi- «jeata- '.\• v • . * < J 1KT. Organizations;—The active militia shall be provided by the state with such arto*. • ^equipments, 'colorsi, camj>:ahd( gar--. rlaon equipage, books of instruction nnd of record', and other supoiiea, as *ttay;!b*. necessary for.the proper performance of the OUty required- by this chaptefT and each cotnaiahd SBsll keeji such\ property lav proper repair and in good condition- 1166. Commissioned officers.—Every com- miasiahed officer than provide himself with th* arms, uniforms and equipments prescribed aad approved by the governor. ' % 1ST. '$rii!sted-raehv^^ery*ffiistetf man who eat«rs the .service of the state for ftya- yjara, shall bfrfurnishea by the itate with mending officer of such field hospital, am- bulance company, company ot signal corps, troop, battery or company ap- proved by the colonel of the corps of en- gineers or the ranking officer command- ins the artillery district or the command- • ins officer of tho squadron or battalion of regiment or brigade, to which it belongs or is attached or by the major-general If under his immediate command as the case may be erect or rent within ths bounds of such county for the use ot such field hospital, ambulance company, company of signal corps, troop, battery or company a suitable and convenient armory, drill, room and ulac* of deposit* for *he safe-keeping of ,ther*arais, equip-' mento, accoutrements, uniforms and mili- tary property burnished under the prtK visions; of this chapter- Th* suitability end convenience .of such ajjabry: shall be: deterraroed by the eoainuuSinr officer Ht the. brigade towWch the brgaaiaition de- 1 raandtoef such armory is attached of by the major-general if the erganlfatloa Is hot attached to a brigade; The erection, repairs and alteratibas; of ail armbrj' buildings erected or rented at the expense of a couaty shall be 4one under -thar'iO' rectlon and superviElon eif 4U Inspector appointed by the armory commission and aa architect to be designated by the board df suparvlsora of the coutity. ThlsseetibiK shall not apply to or affect that portion ofv the several counties lying within th* bbundartes of the city of Ne*r York.\'• f iau Local arm6ri^s.-WWheaev*r the artoory coamUssloa ahall deem it expedi- ent that; a a armory be provided for the use of two or more companies or a bat- tery, troop, field hospital, ambulance com- pany er company of signal cttfps, or for the joiat use of isto or rnorsi of said organ- isations, or that suitable accommodations be provided for brigade headquarters, the supervisors, of the county hi which such brigade headquarters, or such: compantes, battery, troop, field hospital, ambulance company or company of signal corns is lo- cated, shall, except where such actMmmo- datlon is provided in a stiate afsenai, upon the demand of the comraandihg officer of the brigade for which Ireadquartere accom- modations are to b* provided or to which tha ors^rnxatioa to u« provided: with an armory belongs or is attached otherwise .by tharaajojr-geaerai. erect or r*at wnthln fuca cottatjr, a'aultable arid -eoriveaiear armory, ^approved b? the armory edmtats. *Ion, or provide etiitsbie aeeortmoaatleft ». v,uii»i,ii-is*;y oranemp t to Dreaa, resist ; •«?\' \ 41 »« osiajuate ana curecj, u us pcx-, ~^ * _-\T--iii «» *i^» »+o*» -n n 'Ml «n- or-, evade ths laws or lawful ordere given | -son- :6t eerson* to. sijmaipa ali d$ltoquejjto J ^taaf-gcneral of the state, who slwu ap~ a state uaiform of stich dejcrJpUon as the t £°*v br lfode. headquarters approved by Eot-eajor shai}- e'purove.'' but '8uih uni- ,f ^ uc& commfsytOa wiirtiever, to the opln- f&rrh ehaU, oof be furotshed -to *u}tst«d > W* \* *«* commanding. Officer, to-'eharg* «ea of•orgaijiiatjtjjis,, which at this date 1 St *nV ftWJfry w brigade.fttadquarfcrs •have not accepted the ontfarrn rircvidoa I **\' Fa U^ nttw be vnpt \fcr use as on by .the state, except at their epecial r»- iarmory^ or heaaqaarters, h* toay i»ak» : compBOat to- trie armory ceuunk*fe&; ,siie» ; cehuaiatfon ejtalt forthwith makt, or Tiauia\ •*6 be, atade/M examination of sucbar- UioiSr-or headquartersv and if,.after such : eiaminstfon, the commission shall decide t&C'Wc^ irmory or headquastefa tf unfit for use, i t shall immediately report th* fact to the board of supervisors, -who shall - tfcerearieijl direct the alteration, repair, en- largement, or abandonment of the same; and in cas* of an abaadonment, provtd* aaotSer suitable armory, or tteAdauarters, subject to approval by the armory com* mission aa aforesaid. Brigade headquar- ters, when provided, shall be deemed for all, purposes an armory within the mean- ing of j that word wherever used la thia tthabter.,'; I K2. Expfenses of erecting., lmprovm* and furaishtag armories.—The expenses of erecting, altering, repairing, ejpla^ug or featinlr armories, purchasing lands for to* location\.-Of^-armories aad for provfdiBg- camp stools and chairs of « sufficient number, telephone service, lavatories, bath, water'and wash closets and the necessary' apparatus, fixtures and means for heating, lighting and ventilating ar- mories, and. for properly preservtog th* arms, equipments, uniforms, books, pa- pers and records kept therein by the con- struction'of suitable lockers, closets, gun racks, aesks 'and cases and the purchase of all utensils, materials and supplies necessary for the cleaning, care, proper keeping, maintenance, and preservation of the armory or portion thereof used or occupied by the organisation therein quartered, or of the arma, uniforms, equipments, books, papers, records, and furniture used aad kept by said organiza- tion in such armory shall be a portion of the couuty charge of each county within the bounds of which is located any ar- senal or armory occupied by the national guard, and shall be levied, collected and paid lrT1p* same manner aa other enoaty\ chargea'are levied; collected aad paid- In case expenditure is required for erec- tion, alteration, repair, enlarging, renting, apparatus for heating, lighting or venti- lating, lavatories, bath, water or wash closet? or for lockers, gun racks or clos- ets, the necessity for such expenditure shall be- certified to the armory commls- sian by the officer having charge and coa- trol of the armory. If the armory com- mission sjiall approve such expenditure, it shall transmit such certificate approved by it to the board of supervisors of th* county in which such armory is located. The armory commission shall cause\ to be inspected at the expense of the county aH f rork performed aad materials or articles urnished pursuant to .such certificate and no money shall be paid for such work. materials or articles until th* armory commission shall certify to the board of supervisors that such work has been prop- <-• •» performed and said materials and supplies are of proper quality and work- manship. The officer fn charge and control of aa armory shall oa or before the first day of October in each year prepare and submit for approval to the commanding officer of the brigade to which his organization is attached otherwise to th* major-general aad In case of an organization of the naval militia to the commanding officer of the naval militia an itemized estimate in quadruplicate of the necessary ex- penditures to be made for tha utensils, materials, means and supplies necessary and required tor the next calendar year far the cleaning, care, proper keeping, maintenance and preservation of the ar- mory or portion thereof used or occupied by the organization therein quartered, the repair of the lavatories, hath, water and wash closets aad the apparatus aad fix- tures for heating, lighting and ventilating jsald armory and the heating, lighting, water supply aad telephone service to and for said armory and the utensils, means, materials aad supplies necessary and re- quired for the care, proper keeping, eaaia- tenance, repair and preservation of the arms, uniforms, equipments, books, pa- pers, records aad furniture used aad kept by such organization in said armory and the eamp stools, chairs, desks and cases necessary for and required in such ar- mory. Upon the approval of such esti- mate it shall be filed as follows: One copy with the adjutant-general of the state; one witb ttto officer approving' the same; one with the clerk of the board of super- visors of the county, and one at the ar- mory. The board of supervisors shall levy and collect the moneys required, but shall have no authority to levy, collect or appropriate any money for the purposes provided in this section, until the certifi- cates and estimate herein required are made and filed except as hereinafter pro- vided. The..am,ounts appropriated shall be expended upon the requisition of the of- ficer in charge and control of the armory for the purposes specified in the estimate, as follrjttfs: Expenditures not exceeding one hundred dollars upon the approval, of the county treasurer or other fiscal officer of the comity- having custody of the fund to be disbursed 'thereunder. In case of expenditure* exceeding- ohe hundred dol- lars and not exceeding five hundred dol- lars, the officer malting the requisition shall procure and file with such requisi- tion written proposals for furnishing the articles, materials or property or per- forming the work required from at least two parties and said couaty treasurer or other .fiscal officer shall purchase such ar- ticles, Smaterials, or property from or cause Sues' Work to be performed by th* lowest responsible bidder. In case of ex- penditures exceeding, five huadjred dollars, said county treasurer or other fiscal offi- cer shall publicly advertise for ten days for sealed proposals for furnishing th* articles, materials or property or per- forming the work required; suoh pro- posals shall be publicly opened by th* couaty treasurer at the place, day aad hour designated to such advertisement and said couaty treasurer or other fiscal officer shall contract with th* lowest re- sponsible bidder to furnish such articles, materials Or property or to perform th* work required. No payment shall be made from the appropriation aforesaid ex- cept upon the approval ia writing of the officer making the requisition. Copies of all proposals and coatraets made uader the authority-hereby conferred shall b* filed in the office of the couaty treasurer »r other fiscal officer aad the office of th* . clerk \of-th* beard of supervisors. Tha county treaahrer or other fiscal ojHcer is authorised alid directed, whenever in his opinion it shall be to the Interest of the ,cuunty, to require a party who shall agree or contract r o furnish any articles, mat*?, rials or pwflerty, or to perform aay workX tt}'«i«o fm$ to the couaty in such au«t and wit* ^auch surety as he shall direct, conditioned for the faithful performance of aueb\ agreement or contract In case 'of- default such bead shall be prosecuted ?»jr *h .attdrney' fo be designated by tha tdard ofmtieryisora of the comity and all JhffiSeys r#»ofered aaan be paid to th* caurity treasurer. In case-of emergency *,tl« ^Oara^cf*supervisors shall upon th* rtsqulslfioa! df_tiie officer •having^charge «ti$ contM'of *n armory approved by the ,a^or>gehejr«L Brigadier-general or com- niandtog Officer'et the naval militia as •tBelcalij i&w bft-make expenditures not -exe(^lite:f^$l»dred doljara. Th* coua- ty*;tr$wUJr|r of eaeli county shall on the \\ • '\•-\\-*•'-\- - - - fli,„. state a _ _ „ paid by-'iihn .^uriHlr the preceding, calendar year for arid *» account of each armory , -llocated io^Mad county. \•.-\-\. - - v '^fm-Mxiotm lathe city at New Tor*. ^M'tb* dt>rpt*Tew Tork thaaBplleatlona JtMnmiandteg. officer* «* regiment^ bat- . rmtdm, *4aato»hs, troops, batterlea, aeld hospital, ambulance companies, companies of jSgjij&poTus, the colonel of ,fbm corpa of ^.englRetrs^or, -tha rankin* officer- of the jfiosjat a*ta|igry comiriftndlns; an artillery dl*trtei 4oc&tett to. said city, for sultabl* ajanttriea and for the turuiahing thereof •' _ wJttea first e«eted, and for alterations ana eaiar^moata of arpsortes and the appii* -£11**5* 5£||«m«aor-gea*raL, :ceBuriaad!»k *»#* et M dftSW »ulltii^an,«fflc*r «omt manaing a Jjrigad* or a n officer command- ing # battalion composed of separat* troops.' batteries or companls* thereia; for - eaitablo accommodation for brigade or ©thei', 'headauaMera. .auali h* mad* •»&.»\ board hfSaa termed>the armory board,' fni to consist: 'pf the 'mayor; \tha. flWsp- toUer, the -president « the bdata «f *4- dsmwa,, th* tws /sealer- raakiag offiwrrii of or below the grade «f br|g*4iir-|Wt*ral, to CDmutan.4 ot troops of .tha national
