Who exempt. of ununi formed militia. 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 twentythird, eighteen hundred and sixty-two, designated as the Military Code of the State of New York. PASSED April 22, 1867; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows: SECTION 1. Subdivision two of section one, sections four, eight, nine, ten, eleven, twelve, thirteen, fourteen, fifteen, 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 regularly and honorably discharged from the regular or volunteer army or navy of the United States, in consequence of the performance of military duty, in pursuance of any law of this state, and such firemen as are now exempt by law. Ante, vol. 3, p. 246. Enrollment § 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 organized militia, shall be annually enrolled in such manner, and under such rules and regulations as the commander-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 amenable 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 constitute 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 To be com- law for non-performance of such duty. Such enrollment shall fore July 1st be made and completed in each year on or before the first day of July. The officer making such enrollment shall, at pleted be in cach year. claiming the time of making the same, serve upon each person enrolled a notice, by delivering the same personally, or by leaving it with some person of suitable age or 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 mili- Person tary duty, he must, on or before the fifteenth day of August emption then next ensuing, file a written statement of such exemp- to file statetion, 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. Ante, vol. 3, p. 247. ment. of comple 8. The commander-in-chief shall cause to be published Publication once a week for four weeks previous to the first day of August, tion of in the newspaper designated in accordance with law as the state enrollment. paper, a notice that the enrollment of persons liable to military duty in this 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 fifteenth 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 Persons of such notice, designating the places where exemptions may exemption. 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 affidavit required by this section may be made before the enrolling officer or commandant of the district, who shall make no charge therefor. Ante, vol. 3, p. 248. claiming sons not in enrollment. § 9. Such enrolling officer shall not include in said enroll- What perment the names of any officers or members of the uniformed cluded in militia of the 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 each year, file with such enrolling officer of the district in which such fire company may be located, a list containing the names of all persons belonging to their respective companies, which list shall show the town or ward in which each member of such company resides. Ante, vol. 3, p. 249. exemption. § 10. All persons claiming exemptions shall file a written Persons statement of the same, verified by affidavit, with the enroll- claiming ing 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 benefit of such exemption, except such as are especially exempt by act of congress. The captain, Reserve militia. Member of reserve militia may 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 presenting such exemption; and if such exemption be permanent, 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 perjury. Ante, vol. 3, p. 249. 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 fortyfive years shall constitute the reserve of the second class. Ante, vol. 3, p. 249. 12. Any member of the reserve militia may commute for the military duty, and for the arms and accoutrements recommute. quired 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 prescribe; 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 commander 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 liåble to military duty from such duty Bond to be in case of insurrection or invasion, or imminent danger thereof. executed by Said collector or receiver of taxes shall, on or before the first receive of day of July in each year, execute and deliver a bond, in like manner as other bonds are executed 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. collector and taxes. Parade of reserve militia. Ante, vol. 3, p. 249. 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 equipped as provided by law, for parade and inspection on the first Monday in September in each year, at such hour or place as the captain or commandant shall designate in orders, to be posted in three public places in said company district for ten days, and shall be under the orders of the captain or commandant of said district; and where there dent offi such captain or commandant shall make a register of 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 September, 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 transmitted through the intermediate commanders. And In case in any county which has not been divided into company dis- are no resitricts, and in which there are no officers to comply with the cers in a above provisions, the commandant of the brigade shall desig- district. nate some capable officer from his command to attend to all the requirements above named. And in any locality where there is no brigade organization, 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 hundred and seventy-four, military code. Ante, vol. 3, p. 249. attending 14. All persons who shall neglect to attend such parade, Fine for not and who shall have omitted to pay the commutation therefor, parade. 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 commanders shall, with the approval of the commanders of their respective divisions, appoint in each regimental district one or more officers before whom such delinquents shall be cited to appear, by order of the brigadier-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 commutation or otherwise, as provided by law, the officer so appointed shall have power to impose a fine, as above provided, which shall be collected How colin the same manner as fines and penalties imposed by mili- lected.. tary courts are now collected, all the provisions of law concerning which shall apply to the fines contemplated in this. section. And the officer so appointed to determine such delinquencies shall have the same powers and be subject to the same regulations as are imposed on the presidents 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. Ante, vol. 3, p. 249. Report 15. The officer appointed to determine delinquencies shall, by the immediately after the performance of such duty, report his officer to proceedings to the commander of the brigade, and the mar-commande: brigade cers shal 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 each county shall, on the first days of February 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. Ante, vol. 3, p. 250. 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 commutation 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 collecting such fines, a reasonable compensation, Pay of off- not exceeding the rates allowed by section one hundred and making the seventy-four of this act, except that officers below the rank enrollment of captain may receive the compensation allowed to officers of that rank, which compensation shall be fixed by the commander-in-chief, and under his orders paid by the paymastergeneral. 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 receivers of taxes shall be entitled to add to and collect five cents as fees from each person paying such commutation. to be paid by paymaster general. Minimum number of a Ante, vol. 3, p. 250. 26. Company officers shall use their best efforts to obtain company. sufficient volunteers to raise their respective companies to the number of at least forty-five non-commissioned officers and privates, which number is hereby fixed as the minimum, and one hundred as the maximum organization. Division, brigade and consist of. Ante, vol. 3, p. 252. 30. Each division shall consist of not less than two brigregiment to ades, each brigade not less than two regiments, each regiment not less than eight battalion companies of forty-five noncommissioned 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 privates, such regiment shall thereupon be designated as a battalion, but shall retain its regimental number, unless such battalion shall be consolidated or disbanded. Commissary-gen Ante, vol. 3, p. 253. § 102. In the department of the commissary-general of subsistence there shall be a commissary-general of subsist |